Last modified: September 16, 2018
2. TRADEMARKS, COPYRIGHTS, AND RESTRICTIONS
This site is controlled and operated by Browsey, Inc, whose address is 412 W. Broadway, Suite 212, Glendale, CA 91204 The phone number is (818) 551-1040. All material on this site, including, but not limited to images, photographs, characters, names, graphics, logos, illustrations, audio clips, and video clips, is protected by copyrights, trademarks, and other rights which are owned and/or controlled by Company, its parent or its affiliates, or by other parties that have licensed their material to Company. You may use material from this site and other sites controlled by Company only for your own personal, non-commercial use. Unauthorized modification of the materials or use of the materials for any other purpose is a violation of the Federal copyright and trademark laws and other proprietary rights. Material from this site may not be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way without express authorization. The use of any such material on any other Web site or networked computer environment, unless expressly authorized, is prohibited.
4. LINKED SITES
Company welcomes links to this site. You may establish a link to this site, provided that the link does not state or imply any sponsorship or endorsement of your site by Company, its affiliates, or any group or individual affiliated with Company and provided that the site where the link appears does not contain content that is offensive, obscene, otherwise violating third party rights or in Company’s sole good faith judgment, inconsistent with the high reputation and best interests of Company and/or Ronda Rowsey. You may not use on your site any logos, trademarks, service marks, catch phrases or other copyrighted materials or identifying indicia appearing on this site, without the express written consent of the owner of the mark or right. You may not frame or otherwise incorporate into another Web site any of the content or other materials on this site without Company’s prior written consent.
5. MATERIALS SUBMITTED TO THE WEB SITE
Any notes, messages, e-mails, postings, ideas, questions, suggestions, concepts or other material submitted by you to Company in connection with the web site will become the property of Company throughout the universe and Company shall be entitled to use the material for any type of use forever including in any media whether now known or hereafter devised. When you submit any such material, you agree that Company has the right to publish the material for any type of use, including promotional and advertising purposes.
Company is not responsible for any material submitted to be posted on Company’s web site by anyone other than Company itself. Company reserves the right to edit or delete material submitted to it, but does not assume any obligation to do so. You agree that you will not submit or otherwise publish through our web site any content which: (a) libels, defames, invades privacy, or is obscene, pornographic, abusive, or threatening; (b) infringes any intellectual property or other right of any entity or person, including, but not limited to, violating anyone’s copyrights or trademarks; (c) violates any law; (d) advocates illegal activity; or (e) advertises or otherwise solicits funds or is a solicitation for goods or services.
The materials in the Company web sites are presented primarily for the purpose of entertainment and promoting programs, events, products, and services available in the United States, its territories, possessions, and protectorates, although they may be accessed from other territories where their content and all other aspects of their operation are permitted without violating any local laws. This site is controlled and operated by Company from its offices within the State of California, United States of America. Company makes no representation that material in Company’s Web site is appropriate or available for use in other locations. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
7. Copyrights and Copyright Agent
Company respects the rights of all copyright holders and in this regard, Company has adopted and implemented a policy that provides for the termination in appropriate circumstances of subscribers and account holders who infringe the rights of copyright holders. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Company’s Copyright Agent the following information required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. 512:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyright work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
- Information reasonably sufficient to permit us to contact the complaining party;
- A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
For copyright inquiries under the Digital Millennium Copyright Act please contact:
Bloom Hergott Rosenthal LaViolette Feldman Schenkman & Goodman, LLP
150 S. Rodeo Dr.
Beverly Hills, CA 90212
Attention: David B. Feldman, Esq.
Email: [email protected]
8. Subscriptions and Payments for Products and Services
You shall pay Company the amounts set forth on Company’s web sites for subscriptions or products that you purchase by either credit card our such other payment method as may be provided on Company’s web site. You have no right to offset any payments for any claims you may have against Company. All payments shall be made in US Dollars unless otherwise determined by Company. Except as set forth in this Agreement, all fees are non-refundable. Company reserves the right to increase subscription rates and product prices at its sole discretion and without notice.
Payment Problems. If Company is unable to process payments using the payment method provided by you for your order, or if Company does not receive payment from you for your order, or receives a chargeback claim from your credit card company or Company’s third party service provider for payment services or if Company has reason to believe that you are i) ineligible to make a purchase from Company either as a result of a breach of this Agreement or by virtue of applicable law or otherwise, ii) are otherwise in breach of this Agreement, iii) engaged in fraud or criminal activity in connection with your use of any Company product or service, then, without prejudice to any of Company’s other rights, Company may do any or all of the following: a) stop any of the purchased items from being fulfilled to you; b) stop or suspend ongoing access to the Company website; and/or c) cancel any automatic renewal plan in which you elected to participate.
Subscription Renewal If you order a subscription, your subscription will continue indefinitely in accordance with the terms of the order until terminated in accordance with the terms posted on Company’s web site. After your initial subscription period, and again after any subsequent subscription period, your subscription will automatically commence on the first day following the end of such period (each a “Renewal Commencement Date”) and continue for an additional equivalent period, at the Company’s then-current price for such subscription. You agree to be subject to this automatic renewal feature unless you cancel your subscription at any time prior the Renewal Commencement Date by either cancelling through your Company account, by contacting Company via email, or by cancelling the recurring payment directly with the third party payment service provider (e.g., Stripe). If you cancel your subscription prior to the Renewal Commencement Date, then you may use your subscription until the end of your then-current subscription term; your subscription will not be renewed after your then-current term expires. You will not be eligible for a pro rata refund of any portion of the subscription fee paid for the then-current subscription period. You authorize Company to charge your credit card at the beginning of each applicable subscription period. Upon renewal of your subscription, if Company does not receive payment: (i) you agree that the Company may either terminate or suspend your subscription immediately, (ii) if Company does not receive payment from your credit card company, you agree to pay all amounts due upon demand, (iii) Company may continue to attempt to charge your credit card until payment is received. Upon receipt of payment, your account will be re-activated and for purposes of automatic renewal, your new subscription commitment period will begin as of the day payment was received.
9. Return Policy.
This return policy applies to goods purchased from Company’s web site.
You have 30 calendar days to return an item from the date that you received it.
To be eligible for a return, your item must be unused and in the same condition that you received it. Your item must be in the original packaging.
Your item needs to have the receipt or proof of purchase.
Once Company receives a returned item, Company will inspect it and notify you that Company has received you returned item. Company will notify you of the status of your refund after having inspected the item.
If you return is approved, Company will initiate a refund to your credit card (or other original method of payment) You will receive the credit within a reasonable number of days, depending on your credit card issuer’s polices
You will be responsible for paying your own shipping costs for returns. Shipping costs are non-refundable. If you receive a refund, the cost of shipping will be deducted from your refund.
Contact us if you have any questions on how to return your item to us.
10. Governing Law/Dispute Resolution/Arbitration
This agreement shall be governed by, construed and enforced in accordance with the laws of the State of California, as it is applied to agreements entered into and to be performed entirely within such State. If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between the parties relating to the matters contained herein and shall not be modified except in writing, signed by Company.
- Agreement to Arbitrate. All claims and disputes (excluding claims for injunctive or other equitable relief as set forth below) in connection with the Agreement or the use of any product or service provided by Company that cannot be resolved informally or in small claims court shall be resolved by binding arbitration on an individual basis under the terms of this Arbitration Agreement. Unless otherwise agreed, all arbitration proceedings shall be held in English in Los Angeles, California. This Arbitration Agreement applies to you and Company, and to any subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services or goods provided under the Agreement.
- Notice Requirement and Informal Dispute Resolution. Before either party may seek arbitration, the party must first send to the other party a written Notice of Dispute (“Notice”) describing the nature and basis of the claim or dispute, and the requested relief. A Notice to Company should be sent to: Company’s address provided above. After the Notice is received, you and Company may attempt to resolve the claim or dispute informally. If you and Company do not resolve the claim or dispute within thirty (30) days after the Notice is received, either party may begin an arbitration proceeding. The amount of any settlement offer made by any party may not be disclosed to the arbitrator until after the arbitrator has determined the amount of the award, if any, to which either party is entitled.
- Arbitration Rules. Arbitration shall be initiated through JAMS, an established alternative dispute resolution provider (“ADR Provider”) that offers arbitration as set forth in this section. If JAMS is not available to arbitrate, the parties shall agree to select an alternative ADR Provider. The rules of the ADR Provider shall govern all aspects of the arbitration, including but not limited to the method of initiating and/or demanding arbitration, except to the extent such rules are in conflict with the Agreement. The arbitration shall be conducted by a single, neutral arbitrator. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Each party shall bear its own costs (including attorney’s fees) and disbursements arising out of the arbitration and shall pay an equal share of the fees and costs of the ADR Provider.
- Time Limits. If you or Company pursues arbitration, the arbitration action must be initiated and/or demanded within the statute of limitations (i.e., the legal deadline for filing a claim) and within any deadline imposed under the JAMS rules for the pertinent claim.
- Authority of Arbitrator. If arbitration is initiated, the arbitrator will decide the rights and liabilities, if any, of you and Company, and the dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages, and to grant any non-monetary remedy or relief available to an individual under applicable law, the JAMS rules, and the Agreement. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and Company.
- Waiver of Jury Trial. THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes shall be resolved by arbitration under this Arbitration Agreement. Arbitration procedures are typically more limited, more efficient and less costly than rules applicable in a court and are subject to very limited review by a court.
- Waiver of Class or Consolidated Actions. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER.
- Confidentiality. All aspects of the arbitration proceeding, including but not limited to the award of the arbitrator and compliance therewith, shall be strictly confidential. The parties agree to maintain confidentiality unless otherwise required by law. This Section shall not prevent a party from submitting to a court of law any information necessary to enforce this Agreement, to enforce an arbitration award, or to seek injunctive or equitable relief.
- Severability. If any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable by a court of competent jurisdiction, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Agreement shall continue in full force and effect.
- Right to Waive. Any or all of the rights and limitations set forth in this Arbitration Agreement may be waived by the party against whom the claim is asserted. Such waiver shall not waive or affect any other portion of this Arbitration Agreement.
- Survival of Agreement. This Arbitration Agreement will survive the termination of your relationship with Company.
- Small Claims Court. Notwithstanding the foregoing, either you or Company may bring an individual action in small claims court.
- Emergency Equitable Relief. Notwithstanding the foregoing, either party may seek emergency equitable relief before a state or federal court in order to maintain the status quo pending arbitration. A request for interim measures shall not be deemed a waiver of any other rights or obligations under this Arbitration Agreement.
- Claims Not Subject to Arbitration. Notwithstanding the foregoing, claims of defamation, violation of the Computer Fraud and Abuse Act, and infringement or misappropriation of the other party’s patent, copyright, trademark or trade secrets shall not be subject to this Arbitration Agreement.
- Courts. In any circumstances where the foregoing Arbitration Agreement permits the parties to litigate in court, the parties hereby agree to submit to the personal jurisdiction of the courts located within Los Angeles County, California, for such purpose.