IF YOU ARE A PARENT OR LEGAL GUARDIAN AGREEING TO THESE TERMS FOR THE BENEFIT OF A CHILD, YOU ARE FULLY RESPONSIBLE FOR HIS OR HER USE OF THE SITE, INCLUDING WITHOUT LIMITATION ANY LEGAL LIABILITY THAT HE OR SHE MAY INCUR.
Patent, Trademark and Copyright
This Site is operated by the Passion Meets Purpose, Inc. (“Passion Meets Purpose”). Passion Meets Purpose is the owner of all right, title and interest in this Site and its contents, including without limitation, all patents, copyrights, trademarks, service marks, trade dress, trade names and any and all other Intellectual Property whether now known or hereafter existing and all of the goodwill therein (“Intellectual Property”). The Site is for your personal, non-commercial use only, with no transfer of title.
You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, sell, or make any other use of any of the content obtained from the Site. You may not use any of the Site content on any other Web site or networked computer environment, or in any format or medium, whether now known or hereafter existing. You may not remove any Intellectual Property or legal notice from any content downloaded from the Site.
Third Party Web Sites and Access
This Site may contain links and pointers to Internet sites maintained by third parties. Passion Meets Purpose does not operate or control in any respect, or endorse, the content found on such third-party sites. You assume sole responsibility for use of third party links and pointers.
You further acknowledge that all connections to, and transmissions through, the Internet, including your access to this Site, are subject to opportunities for access by third parties. As a result, by accessing the Site, you acknowledge that you have no legitimate expectation of privacy in such connections and/or transmissions, and Passion Meets Purpose shall not be responsible for any such third party access to such connections and/or transmissions.
Acceptable Use Policy
Modification of the Terms
Passion Meets Purpose reserves the right to change the Terms at any time by publishing a revised version of the Terms on the Site. You are responsible for regularly reviewing the Terms. Continued use of the Site following any such changes means you accept and will abide by these changes.
THE MATERIALS IN THIS SITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW. PASSION MEETS PURPOSE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT. SHE’S THE FIRST DOES NOT WARRANT THAT THE SITE WILL BE OPERATED FREE OF DELAYS IN TRANSMISSION, FAILURE IN PERFORMANCE, COMPUTER VIRUSES, INACCURACIES OR ERRORS IN THE MATERIALS, OR OTHER ERRORS OR DEFECTS. YOU USE THIS SITE AT YOUR OWN RISK. YOU UNDERSTAND AND EXPRESSLY AGREE THAT NEITHER THIS SITE OR THE CONTENT OF THIS SITE CONSTITUTES MEDICAL ADVICE AND YOU AGREE YOU HAVE NOT RELIED ON THIS SITE, IN ANY RESPECT, FOR MEDICAL ADVICE.
UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO BREACH OF CONTRACT, TORT OR NEGLIGENCE, WILL PASSION MEETS PURPOSE BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES THAT ARISE OUT OF OR IN CONNECTION WITH THE USE OF THE SITE OR WITH THE DELAY OR INABILITY TO USE THE SITE, OR FOR ANY INFORMATION, HARDWARE, SOFTWARE, PRODUCTS AND SERVICES OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, EVEN IF ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN NO EVENT SHALL PASSION MEETS PURPOSE’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS SITE.
You hereby agree to indemnify, defend, and hold harmless Passion Meets Purpose and its officers, directors, shareholders, affiliates, employees, agents, service providers, contractors, assigns, users, customers, providers, licensees, and successors in interest (“Indemnified Parties”) from any and all claims, losses, liabilities, damages, fees, expenses and costs (including attorneys’ fees, court costs, damage awards, and settlement amounts) that result from any claim or allegation (“Claim”) against any Indemnified Party arising in any manner from: (a) your access to or use of the Site, or any content or services; (b) your User Content or any access to or use thereof; (c) your collection, use, and disclosure of any User Content, (d) your violation of applicable Laws; and (e) your breach of any representation, warranty, or other provision of the Terms. Passion Meets Purpose will use reasonable efforts to provide you with notice of any such Claim, and Passion Meets Purpose will have the right to participate in the defense of any such Claim at its expense.
Claims of Infringement
Passion Meets Purpose respects your copyrights and other intellectual property rights and those of other third parties. If you believe in good faith that your copyrighted work has been reproduced on the Site without your authorization in a way that constitutes copyright infringement, you may notify our designated copyright agent by mail to:
Passion Meets Purpose
Attn: Copyright Agent
3413 East Contessa Circle
Mesa, AZ 85213
Please provide the following information to Passion Meets Purpose’s Copyright Agent: (a) the identity of the infringed work, and of the allegedly infringing work; (b) your name, address, daytime phone number, and email address, if available; (c) a statement that you have a good-faith belief that the use of the copyrighted work is not authorized by the owner, his or her agent, or the law; (d) a statement that the information in the notification is accurate and, under penalty of perjury, that you are authorized to act on behalf of the owner; and (e) your electronic or physical signature. Passion Meets Purpose will take whatever action, in its sole discretion, it deems appropriate, including the removing the allegedly infringing work from the Site.
Passion Meets Purpose reserves the right to make any and all changes to the Site at its sole discretion without notice to users. She’s the First reserves the right to deny access to the Site to anyone at any time and to terminate the Terms at any time without notice in its sole discretion.
The Terms shall be deemed to include all other notices, policies, disclaimers, and other terms contained in the Site; provided, however, that in the event of a conflict between such other terms and conditions and the Terms, the Terms shall control.
The Terms is governed by the laws of the State of New York, in the United States of America, without regard to conflicts of law provisions. You consent to the exclusive jurisdiction and venue of courts of Mesa, Arizona, in the United States of America, in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph.
If any provision of the Terms is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Terms shall continue in effect.
By entering into these Terms, you hereby irrevocably waive any right you may have to join claims with those of others in the form of a class action or similar procedural device. Any claims arising out of, relating to, or connected with these Terms must be asserted individually. You acknowledge and agree that, regardless of any statute or law to the contrary, any claim or cause of action you may have arising out of, relating to, or connected with your use of the Site must be filled within one (1) calendar year after such claim or cause of action arises, or forever be barred.
The Terms constitutes the entire Terms between you and Passion Meets Purpose with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Passion Meets Purpose with respect to the Site. A printed version of the Terms and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to the Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Any rights not expressly granted herein are reserved to Passion Meets Purpose.