Acceptance of this Agreement
Modifications to this Agreement
The Debbie Clarke Lifestyle (DCL) website may make changes to this Agreement from time to time in its sole discretion. Debbie Clarke Lifestyle (DCL) will post any such changes on the website and will attempt to alert all registered users via RSS/email notification. Your continued use of the website constitutes your acceptance of any such changes.
Modification or Suspension of the Website or contents within the Website
You agree that the Debbie Clarke Lifestyle website may, at its sole discretion, and at any time, discontinue, suspend or modify its operation of this website, or any part thereof, temporarily or permanently, without notice to you, and you agree that Debbie Clarke Lifestyle shall not be liable therefore. Debbie Clarke Lifestyle reserves the right to modify, alter, and change any part of the website without prior notice to you.
You agree to comply with all applicable local laws regarding online conduct and acceptable Content, including without limitation, laws regarding the transmission of technical data exported from the United States or the country in which you reside.
You agree that content available through this website, including without limitation, content in the form of text, graphics, software, music, sound, photographs, and videos, and content provided by suppliers, sponsors or third party advertisers, is protected by copyrights, trademarks, website marks, patents or other proprietary rights and laws. Except as expressly authorized by Debbie Clarke Lifestyle (DCL) or the applicable supplier, sponsor or advertiser, you agree not to copy, modify, rent, lease, loan, sell, assign, distribute, license, reverse engineer or create derivative works based on the website or any content (including without limitation any software) available through the website.
Disclaimer of Warranties
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE WEB SITE IS AT YOUR SOLE RISK. THE WEB SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, SOCIAL IMPERIUM EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEB SITE IS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM SOCIAL IMPERIUM OR THROUGH THE WEB SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
Your Contact With Advertisers Or Other Third Parties
Your dealings with advertisers or other third parties found on or through the website, including your participation in promotions, the payment for and delivery of goods and websites, and any terms, conditions, warranties or representations associated with such dealings are solely between you and the third party. Debbie Clarke Lifestyle (DCL) does not make any representations or warranties with respect to any goods or websites which may be obtained from such third parties, and you agree that Debbie Clarke Lifestyle (DCL) will have no liability with respect to any loss or damage of any kind incurred as a result of any dealings between you and any third party, or as a result of the presence of such third parties on the website.
The website, or third parties on the website, may provide links to other sites and/or resources over which Debbie Clarke Lifestyle (DCL) has no control. You agree that Debbie Clarke Lifestyle has no responsibility for and no liability for the availability of such external sites or resources, or for the Content, advertising, products or other materials available through such sites or resources.
You agree to indemnify and hold harmless Debbie Clarke Lifestyle (DCL), its parents, subsidiaries, affiliates, officers, directors, agents, employees, co-branders or other partners, and suppliers, from any claim, demand, action, or damage, including reasonable attorneys’ fees, made by any third party due to, arising out of or related to your use of the website, content you submit, post or transmit through the website, your violation of the Agreement or any rights of another, or your connection to the website.
The Debbie Clarke Lifestyle website and the Debbie Clarke Lifestyle logo are service marks of Debbie Clarke Lifestyle Inc. You may not use or display these marks without prior written consent. All other trademarks appearing on the Web Site are the property of their respective owners.
The Debbie Clarke Lifestyle (DCL) website respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please contact us immediately with the following information:
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- A description of the copyrighted work that you claim has been infringed;
- A description of where the material that you claim is infringing is located on the website;
- Your address, telephone number, and email address;
- A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
This Agreement shall be governed by and construed in accordance with the laws of the State of Florida, without giving effect to conflict of laws provisions. You and Debbie Clarke Lifestyle (DCL) agree to submit to the personal and exclusive jurisdiction of the courts located within Palm Beach County, Florida.
If any provision of this Agreement is found by a court or other binding authority to be invalid, you agree that every attempt shall be made to give effect to the parties’ intentions as reflected in that provision, and the remaining provisions contained in this Agreement shall continue in full force and effect.
You agree that any claim or cause of action arising out of your use of the website or this Agreement must be filed within one year after such claim or cause of action arose or it shall forever be barred, notwithstanding any statute of limitations or other law to the contrary.
Any failure by Debbie Clarke Lifestyle (DCL) to enforce or exercise any provision of this Agreement or related right shall not constitute a waiver of that right or provision.