The website loveandunityfoundation.org (hereinafter “the Site”) is owned and operated by Jeri Simon Designs. The Site provides social networking, online leads generation, and other services.
Copyright and Proprietary Rights Information
The Site and all materials available on it are the property of Owner or its licensors and are protected by copyright, trademark and other intellectual property laws. Owner provides the Site for social networking, online leads generation, and other free and commercial use. You may not use the contents of the Site in any manner or for any purpose that would constitute infringement of Owner’s or its licensors’s intellectual property rights. You may download and/or print one copy of individual pages of the Site or documents available for download for your personal, non-commercial use.
By posting or submitting any material or contact information to the Site or otherwise providing Owner your personal information, you are representing that the information or material is truthful and that you are the owner of the material. You grant us, or anyone authorized by us, a royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide license to use, copy, aggregate, sell, sublicense and distribute such materials or information in whole or in part for any reason or purpose.
Federal and State Laws
When using the Site, on the Site, or in any other media provided by Owner, you must obey all applicable federal, state and local laws. The Site was created and will be operated from the United States. Any use of the Site that violates any applicable laws will be grounds for discontinuing your rights to access the Site.
The following activities are expressly prohibited from the Site:
1. Creating a username in violation of anyone’s trade secret, copyright, or other intellectual property right.
2. Creating a username that contains offensive content. Offensive content may include, but is not limited to, obscene language, obscene references, threatening or harassing messages, or defamatory statements.
3. Using or submitting any offensive content including, but not limited to, obscene language, obscene references, obscene images, threatening or harassing messages, or defamatory statements.
4. Engaging in activity that compromises the Site. Such activity may include, but is not limited to hacking, IP attacks, worms, viruses, spamming, phishing, cancel bots, Trojan horses, and mail bombing or crashing.
5. Engaging in any activity designed to impede the use of the Site by other users, including overloading and flooding.
6. Framing or deep linking into the Site.
7. Accessing the Site by means of automated process, spiders, bots or similar device.
8. Using the materials on the site for unlawful purposes.
User Suspension and/or Termination
Owner may cancel or terminate your right to access or use any part of the Site at any time without notice. You agree that your breach of any of the terms in this Agreement may result in the immediate termination of your right to use the Site and/or give rise to civil action against you. The disclaimers herein and all restrictions on you regarding information downloaded or obtained from the Site shall survive any cancellation or termination of your right to use the Site.
Links to Third Party Sites and Third-Party Pop-Up Advertising Forms
The Site may contain links to websites that are controlled by third parties. These linked third-party sites are not under the control of Owner and Owner is not responsible for the contents of any linked third-party site or any link contained in a linked third-party site.
The Site may include pop-up information forms providing you the opportunity to request more information of the advertised products or services. Owner shall not be responsible for the use of any information you affirmatively provide to a third-party advertiser. The use of your information shall be governed by the policies of any such third-party advertisers.
Materials Provided to Us or Posted on the Site
We do not claim ownership of the materials, content or ideas that you provide to us (including feedback and suggestions) or post, upload, input or submit through your use of the Site or its associated services (collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting your Submission you are granting Owner, its affiliated companies and sublicensees permission to use your Submission and an unlimited, irrevocable, worldwide, perpetual, sublicensable and royalty-free license to use the Submission for any purpose including, without limitation, the rights to use the information in furtherance of any commercial purpose, and to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, create derivative works, translate and reformat your Submission.
No compensation will be paid with respect to Owner’s or its sublicensees’ use of your Submission. Owner is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in Owner’s sole discretion.
By posting, uploading, inputting, providing or submitting your Submission you represent and warrant that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions and grant the license above.
Disclaimer of Warranties
THE INFORMATION AND SERVICES OFFERED ON OR THROUGH THE SITE AND ANY REFERENCED THIRD-PARTY SITES ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. THIS INCLUDES ANY LISTING OF ANY THIRD-PARTY GOODS OR SERVICE PROVIDER INCLUDED IN THE SITE. ANY THIRD-PARTY GOODS OR SERVICE PROVIDER IS SUPPLIED AS A CONVENIENCE TO THE USER AND LISTING DOES NOT CONSTITUTE SPONSORSHIP, AFFILIATION, PARTNERSHIP, OR ENDORSEMENT. OWNER DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIES TO THE FULLEST EXTENT OF THE LAW, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
OWNER DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SITE, MATERIAL ON THE SITE IN TERMS OF ITS CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY OR OTHERWISE.
By providing THE SERVICES on the site, owner does not in any way promise that the SERVICEs will remain available to you. owner is entitled to terminate all or part of any of the site at any time, in its sole discretion without notice to you.
Limitation of Liability
THE LIABILITY OF OWNER AND ITS AFFILIATES, EMPLOYEES, AGENTS, REPRESENTATIVES AND THIRD PARTY SERVICE PROVIDERS WITH RESPECT TO ANY AND ALL CLAIMS ARISING OUT OF THE USER’S USE OF THE SITE, OR THE RENDITION OF SERVICES OBTAINED THROUGH THE SITE, WHETHER BASED ON WARRANTY, CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, SHALL NOT EXCEED, IN THE AGGREGATE, THE NET TOTAL COST TO YOU (EXCLUDING TAXES) FOR SUCH SERVICES PROVIDED TO YOU BY OWNER FOR THE THREE MONTHS PRIOR TO THE ACTIVITY OR ACTION UPON WHICH SUCH CLAIM IS BASED.
IN NO EVENT WILL OWNER BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, SPECIAL OR OTHER CONSEQUENTIAL DAMAGES FOR ANY USE OF THE SITE, OR ON ANY OTHER HYPERLINKED WEBSITE OR POP-UP ADVERTISER, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA ON THE USER’S INFORMATION HANDLING SYSTEM OR OTHERWISE, EVEN IF OWNER IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. MOREOVER, OWNER SHALL NOT BE LIABLE FOR ANY DAMAGES OR INJURY CAUSED BY ANY OF THE FOLLOWING: (1) USE OF (OR INABILITY TO USE) THE SITE; (2) USE OF (OR INABILITY TO USE) ANY SITE TO WHICH YOU HYPERLINK FROM OUR SITE: (3) FAILURE OF PERFORMANCE OF THE SITE; (4) ERROR; (5) OMISSION; (6) INTERRUPTION; (7) DEFECT; (8) DELAY IN OPERATION OR TRANSMISSION; (9) COMPUTER VIRUS; OR (10) LINE FAILURE.
You agree to indemnify Owner and its affiliates, employees, agents, representatives and third party service providers and you agree to defend and hold each of them harmless, from any and all claims, demands, actions, liability, fines, penalties and expenses, whether based on warranty, contract, negligence, strict liability or otherwise, that may arise from any of your acts through the use of the Site. Such acts may include but are not limited to: submissions, unauthorized use of material obtained through the Site or breach of this agreement.
Owner respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Owner’s copyright agent with the following information.
• An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
• Description of the copyrighted work that you claim has been infringed;
• The location on the Site of the material that you claim is infringing;
• Your address, telephone number and e-mail address;
• A statement that your claim of infringement is based on a good faith belief; and
• A statement made under penalty of perjury that the information you have provided is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Owner copyright agent for notice of claims of copyright infringement on the Site can be reached as follows: Please contact our Legal Department at the physical address in the “Contact Us” section below.
Severability. If any term or provision in the Agreement is found to be void, against public policy, or unenforceable by a court of competent jurisdiction and such finding or order becomes final with all appeals exhausted, then the offending provision shall be deemed modified to the extent necessary to make it valid and enforceable. If the offending provision cannot be so modified, then the same shall be deemed stricken from the Agreement in its entirety, and the remainder of this Agreement shall survive with the said offending provision eliminated.
Website Availability. Because public networks, such as the internet, occasionally experience disruptions, Owner cannot guarantee the Site will be available 100% of the time. Although Owner strives to provide the most reliable website possible, interruptions and delays in accessing the Site are unavoidable and Owner disclaims any liability for damages resulting from such problems.
Typographical Errors. Information on the Site may contain technical inaccuracies or typographical errors. We attempt to make the Site’s postings as accurate as possible, but Owner does not warrant the content of the Site is accurate, complete, reliable, current, or error-free.
Headings. Condition and section headings are for convenience of reference only and shall not affect the interpretation of this Agreement.
Controlling Law and Venue. It is understood and agreed that all the construction and interpretation of this Agreement and the relationship between the parties shall at all times and in all respects be governed by the internal laws of the State of Tennessee, without giving effect to the conflict of laws provisions thereof. Venue of any action brought to enforce or relating to this Agreement or arising out of the relationship between the parties shall be brought exclusively in the courts of Knox County, Tennessee or the U.S. Courts of the Eastern District of Tennessee in Knoxville, Tennessee