Effective as of September 16, 2024
TERMS OF USE
The website www.findmyself50.com (hereinafter “Website”) and any content therein (defined below) is owned and operated by (hereinafter “we” “us” “our”). Please read the Terms before using our Website - by visiting and using this Website, you (hereinafter “visitor” “you” “your”) are consenting that you have read these Terms of Use and Privacy Policy (collectively, the “Terms”) and agree to be bound by them. If you don’t agree with anything we propose in these Terms, please refrain from visiting, accessing, or using any part of our Website.
The Terms form a legally binding agreement between you and us. Please take the time to read them carefully. If you are under age 18, you may only use the Website with the consent of your parent or legal guardian. Please be sure your parent or legal guardian has reviewed and discussed these Terms with you.
This Website is offered and available to users who are 18 years of age or older, and reside in the United States or any of its territories or possessions. The Terms form a legally binding agreement between You and us. By continuing to use Our Site and accessing the Content (defined below) contained herein, You agree to be bound by the most updated version of these
Terms and conditions, even if You have not read them. If You do not agree with any of these terms, You are prohibited from using or accessing this site. Please take the time to read them carefully.
PLEASE BE ADVISED THAT YOU ALSO WAIVE CERTAIN LEGAL REMEDIES SUCH AS A TRIAL BY JURY AND CLASS ACTION LAWSUIT PURSUANT TO SECTION 10. UNDER THE TERMS YOU AGREE TO SUBMIT ANY DISPUTES TO BINDING ARBITRATION.
1. Term and Survival
This Agreement shall be effective as of the date (the "Effective Date") you accept the
terms herein or first access, download or use any of the services or information on our Website and shall remain in effect for so long as you use or access it (the "Term"). Upon termination of the Term, you shall no longer be permitted to use or access our Website. The terms herein that contemplate obligations after the Term, including but not limited to Indemnification, Warranties, Limitation of Liability, Controlling Law, and Severability, shall survive termination.
2. Changes to the Terms and Your Obligation to Check for updates
From time to time, we may update the Terms of Use and Privacy Policy to our Website. We are not bound to provide notice of such changes or updates. As such, you acknowledge and agree that you are responsible for checking the Terms for any updates or amendments. You are expected to check this page each time you access this Website so you are aware of any changes, as they are binding on you. By continuing to use our Website and the content we produce, you agree to be bound by the most updated version of these Terms.
3. Your Access to Our Website
Our Website contains images, blog posts, written works, products, and other materials that are unique assets belonging to us or we have obtained the appropriate consents, licenses, or permissions to feature certain images, logos, or designs on our Website (collectively, the “Content”). As a visitor you accept that you are not authorized to use the Content in a manner that infringement of our rights or in a manner that has not been authorized by us through our prior written consent. We hereby grant you a non-exclusive, limited, non-transferable, non- sublicensable, revocable license to use the Content available to you on our Website for your personal, non-commercial use only. You must not (i) Modify copies of any materials from this site; (ii) use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text; (iii) delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site; or (iv) access or use for any commercial purposes any part of the Website or any services or Content available through the Website. No right, title, or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws. We reserve and retain the right to prosecute any usage that exceeds this limited license or is inconsistent with the Terms to the full extent of the law, including all criminal charges and civil damages.
4. Prohibited Uses
As a visitor of our Website, you agree to not engage in the following prohibited conduct:
- Access or use our Website if you are not fully able and legally competent to agree to these Terms or are authorized by your parent or legal guardian;
- Violate our legal rights or rights of third parties, including, but not limited to intellectual property rights, publicity rights, privacy rights or any other rights under applicable law;
- Interfere with or attempt to interfere with the proper working of our Website, disrupt our Website or any networks connected to our Website, bypass any measures we may use to secure our Website, or gain access to our data or our Website’s data;
- Impersonate any person or entity, or falsely state or otherwise misrepresent you or your affiliation with any person or entity, including giving the impression that any content you upload, post, transmit, distribute or otherwise make available emanates from us;
- Publish any material that is deliberately designed to provoke or antagonize people or is intended to harass, threaten, harm, hurt, scare, distress, embarrass or upset people; or
- Publish any material which is defamatory of any person, obscene, offensive, pornographic, hateful or inflammatory.
We reserve the right, at any time and without prior notice, to remove or disable access to any comments or reviews sections within our Website at our discretion for any reason or no reason, including, but not limited finding the content objectionable, in violation of these Terms or otherwise harmful to our Website, our business partners, or our users.
5. The Content We share
The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.
6. Representations and Warranties
WE PROVIDE OUR WEBSITE, AND ALL CONTENT THAT’S AVAILABLE THROUGH OUR WEBSITE, ON AN “AS-IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE SPECIFICALLY DISCLAIM ALL WARRANTIES OF ANY KIND, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, AND ANY WARRANTIES ARISING OUT OF THE COURSE OF DEALING, USAGE, OR TRADE. WE DO NOT GUARANTEE OR WARRANT THAT OUR WEBSITE WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS OR HARMFUL COMPONENTS, OR THAT WE WILL FIX ANY ERRORS OR HARMFUL COMPONENTS.
ADDITIONALLY, WE DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES ABOUT ANY WEBSITE YOU MAY ACCESS THROUGH OUR WEBSITE. ANY SUCH WEBSITE IS INDEPENDENT FROM US, AND WE HAVE NO CONTROL OVER, OR RESPONSIBILITY WITH RESPECT TO, THE INFORMATION PROVIDED OR ACTIVITIES UNDERTAKEN BY ANY SUCH WEBSITE.
7. LIMITATION OF LIABILITY
TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAWS, NEITHER WE, NOR OUR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, SUCCESSORS OR ASSIGNS, SHALL BE LIABLE FOR ANY DAMAGES WHATSOEVER ARISING OUT OF OR RELATED TO THE USE OF THIS WEBSITE, EMAIL SENT IN CONNECTION WITH OUR WEBSITE OR ANY OTHER WEBSITE LINKED TO OUR WEBSITE. THIS LIMITATION OF LIABILITY APPLIES TO DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, PUNITIVE OR OTHER DAMAGES YOU OR OTHERS MAY SUFFER, AS WELL AS DAMAGES FOR LOST PROFITS, BUSINESS INTERRUPTION OR THE LOSS OF DATA OR INFORMATION, EVEN IF WE ARE NOTIFIED IN ADVANCE OF THE POTENTIAL FOR ANY SUCH DAMAGES. NOTWITHSTANDING THE FOREGOING, IN NO EVENT SHALL THE TOTAL LIABILITY TO YOU BY US OR ANY OF OUR OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, SUCCESSORS OR ASSIGNS FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION NOT OTHERWISE ALTERED OR WAIVABLE UNDER APPLICABLE LAW SHALL EXCEED THE AMOUNT PAID BY YOU TO US, IF ANY, FOR ACCESSING OR MAKING ANY PURCHASES ON OUR WEBSITE. THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
The limitation of liability set out above does not apply to liability resulting from our gross negligence or willful misconduct .
8. Indemnity
You agree to defend, indemnify, and hold harmless us, our parents, subsidiaries, and affiliates, and each of their respective officers, directors, employees, agents and advisors from any and all claims, liabilities, costs, and expenses, including, but not limited to, attorneys’ fees and expenses, arising out of a breach by you of these Terms or arising out of (i) a breach of your obligations, representation and warranties under these Terms or any law or regulation; (ii) your violation of anyone’s rights, including intellectual property rights; or (iii) any disputes between you and a third party.
9. Notices
Any or all notices, including without limitation to notices of copyright infringement claims and all other feedback, comments, requests for technical support, and other communications relating to the Website should be directed to info@findmyself50.com.
10. Dispute Resolution and Waiver of Class Action.
​
Any dispute, controversy, demand, or claim arising out of or relating to the Terms, the breach thereof, or the Courses, by submitting a written request for arbitration to the other Party and JAMS. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
Any arbitration hearing or in-person meeting required under this section shall be held in North Carolina. The parties will cooperate with JAMS and with one another in selecting an arbitrator from the JAMS panel of neutrals and in scheduling the mediation proceedings. They will participate in the mediation in good faith and that they will share equally in the costs of the mediator or, where applicable, arbitrator.
By agreeing to this dispute resolution procedure, the Parties waive the right to resolve any such dispute through a trial by jury or judge or administrative proceeding.
Notwithstanding the foregoing, injunctive relief may be immediately sought without resorting to alternative dispute resolution to prevent irreparable harm that would be caused by a breach of this Agreement. Furthermore, nothing in this Article shall prevent a Party from terminating this Agreement in accordance with the terms thereof notwithstanding this Article or any then-pending dispute resolution process.
YOU ALSO WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS
ACTION LAWSUIT AND AGREE TO LITIGATE THIS IN YOUR INDIVIDUAL CAPACITY. THIS PROVISION SHALL SURVIVE TERMINATION OF THE TERMS.
11. Severability
If any provision of the Term are held to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions will continue to be valid and enforceable.
12. No Waiver
Our failure to insist on strict compliance with any of the terms, covenants, or conditions of Term will not be deemed a waiver of that term, covenant, or condition, nor will any waiver or relinquishment of any right or power at any one time or times be deemed a waiver or relinquishment of that right or power for all or any other times.
13. Effect of Headings
The subject headings of the paragraphs and subparagraphs of this Agreement are included for convenience only and shall not affect the construction or interpretation of any of its provisions.