Changes to this Agreement
We may, in our sole discretion, change, add or remove any portion of this Agreement, at any time, by posting a new Agreement to the Site. Your continued use of the Site after such changes are posted will constitute your agreement to such changes.
Modifications to Site
We reserve the right, for any reason, in our sole discretion, to terminate, change or suspend any aspect of the Site, including, but not limited to, content, features or hours of availability. We may impose limits on certain features of the Site or restrict your access to part or all of the Site without notice or penalty.
You are solely responsible for the content and context of any materials or User Information you post or submit through the Site. You warrant and agree that, while using the Site, you shall not upload, post or transmit to or distribute or otherwise publish through the Site any materials which: (a) are unlawful, threatening, harassing or profane; (b) restrict or inhibit any other User from using and enjoying the Site; (c) constitute or encourage conduct that would constitute a criminal offense or give rise to civil liability; or (d) contain a virus or other harmful component, advertising of any kind, or false or misleading indications of origin or statements of fact.
You agree that we have the right, but not the obligation, to monitor, edit, disclose, refuse to post, or remove at any time, for any reason in our sole discretion, any material and content anywhere on the Site. Notwithstanding this right, we do not and cannot review all materials posted to the Site by Users and we are not responsible for any such materials posted by Users.
You acknowledge and agree that all content and materials on the Site are protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws. Except as expressly authorized by us, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from such materials or content. Notwithstanding the above, you may download one copy of the materials or content on this site on any single computer for your personal, non-commercial use, provided you keep intact all copyright and other proprietary notices. Use of the content or materials for any other purpose is prohibited.
Site Security and Links
We assume no responsibility for the security of the Site or any data transmitted to us or by us. The Site may provide links to other sites on the Internet. These other sites are not under our control, and you acknowledge that we are not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites. The inclusion of such a link does not imply endorsement of the site by us or any association with its operators.
We make it our policy not to accept or consider any unsolicited ideas or materials of any kind through the site. Please do NOT submit any such materials at any time. If you do submit any such ideas or materials, we will consider all ideas and materials submitted as non-confidential and free of any claims of proprietary or personal rights. Such materials and all rights will be our property, free and clear of any claims by you or others, and we will be able to use them for any purpose, including advertising and promotion, without compensation, payment or any other obligation to anyone, including you. From time to time, however, we may solicit ideas and materials from Users. In that event, we will use the submitted ideas and materials as specified in our request for such ideas and materials.
DISCLAIMER OF WARRANTIES
THE SITE, INCLUDING ALL CONTENT, FUNCTIONS, AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH THE SITE, IS PROVIDED ON AN "AS-IS" "AS-AVAILABLE" BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE SITE OR THE FUNCTIONS, FEATURES OR CONTENT CONTAINED THEREIN WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO CERTAIN USERS.
LIMITATION OF LIABILITIES
IN NO EVENT SHALL WE BE LIABLE FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES THAT ARE DIRECTLY OR INDIRECTLY RELATED TO THE USE OF, OR THE INABILITY TO USE THE SITE OR THE CONTENT, MATERIALS AND FUNCTIONS RELATED THERETO EVEN IF WE OR AN AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO CERTAIN USERS. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM THIS AGREEMENT OR YOUR USE OF THE SITE EXCEED, IN THE AGGREGATE, $100.00.
You shall indemnify, defend and hold us, our officers, directors, employees and agents (collectively, the "Indemnified Parties"), harmless from and against any and all claims, losses, damages, liabilities, judgments and fees and expenses related thereto (including, without limitation, reasonable attorneys' fees), incurred by an Indemnified Party in connection with any claims arising out of, based upon or resulting from any breach or violation by you of this Agreement or any use by you of the Site or as a result of a dispute with another User. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you shall not in any event settle or otherwise dispose of any matter without our prior written consent.
This Agreement constitutes a binding agreement between you and us until terminated by you or us, which we may do at any time, without notice, in our sole discretion. If you become dissatisfied with the Site, in any way, your only recourse is to immediately discontinue use of the Site.
The Site is intended for use in the United States, its territories, possessions and commonwealths. We make no representations about the suitability or availability of the Site outside of this area.
Choice of Law
This Agreement shall be governed by and in accordance with the laws of the State of New Mexico without regard to conflicts of laws provisions. Any controversy involving the Site arising from or in any way related to this Agreement or your use of the Site shall be heard in the appropriate State or Federal court in the City of Albuquerque, New Mexico, and you irrevocably consent to the jurisdiction of such courts.
Notices and Disclosures
Except as explicitly stated otherwise, any notices shall be given by e-mail to, in the case of us, firstname.lastname@example.org or, in the case of a User, to the e-mail address you provide to us. Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the e-mail address is invalid.
Copyright Infringement Claims
Pursuant to Title 17, United States Code, Section 512©(2), notifications of claimed copyright infringement should be sent to:
Rescue | The Behavior Change Agency 2437 Morena Blvd
San Diego, CA, 92102
To be effective, the notification must be a written communication that includes the following: (i) A physical or electronic signature of the person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (ii) Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works on a single online site, a representative list of such works on that site; (iii) 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 the service provider to locate the material; (iv) Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and if available, an e-mail address at which the complaining party may be contacted; (v) 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 (vi) 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.
General Provisions If any provision of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision shall be enforced to the maximum extent permissible so as to effect the intent of this Agreement, and the remainder of this Agreement shall continue in full force and effect. The failure by either you or us to exercise or enforce any rights or provisions of this Agreement shall not constitute a waiver of such right or provision. You agree that any cause of action arising out of or related to the Site or this Agreement must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred. The Agreement comprises the entire agreement between you and us and supersedes all prior agreements between the parties, regarding the subject matter contained herein. All provisions in this Agreement regarding representations and warranties, indemnification, disclaimers and limitations on liability shall survive any termination of this Agreement.