Given the nature of the Internet, even though our Sites are targeted to US residents only, it may be accessed in other parts of the world. If you are not a US resident and yet use our Sites, you acknowledge, understand and agree that you are doing so on your own initiative and at your own risk and that it is your responsibility (and not the responsibility of Dr. Ladd) to make sure that your use of our Sites comply with all applicable local laws. IF YOU ARE NOT A U.S. RESIDENT, BY SUBMITTING YOUR PERSONALLY-IDENTIFIABLE INFORMATION ON THE SITE, YOU CONSENT TO THE TRANSFER OF SUCH DATA TO THE US, AND TO THE PROCESSING OF SUCH DATA ON DR. LADD’S U.S. SERVERS, WHERE YOUR DATA WILL BE GOVERNED BY U.S. LAWS THAT MAY PROVIDE A LEVEL OF DATA PROTECTION DIFFERENT THAN YOUR COUNTRY.
Your use of certain Site Services, features, functionality or programs (including, without limitation, promotions, wireless marketing opportunities, email newsletters, optional enrollment as “Preferred Customers” with third party suppliers, RSS feeds, etc.) offered on or through our Sites may be subject to additional terms and conditions (“Special Rules”), and before you use any such services, features, functionality or other programs you may be required to indicate your acceptance of such additional Special Rules. All Special Rules are incorporated into these TOS as if fully set forth herein.
OWNERSHIP; RESTRICTIONS ON USE
The content of our Sites and all copyrights, patents, trademarks, service marks, trade names and all other intellectual property rights therein are owned by Dr. Ladd and/or its licensors and are protected by applicable US and international copyright and other intellectual property laws. You acknowledge, understand and agree that you shall not have, nor be entitled to claim, any rights in and to our Sites’ content and/or any portion thereof, except: (i) with respect to your own User Submissions (excluding any of the materials (e.g., key art, title treatment, clips, stills, music tracks, etc.) used in your User Submissions that may be licensed to you by Dr. Ladd for use in your User Submissions (e.g., in connection with other programs, subscriptions, memberships, or enrollments offered on our Sites) (such content referred to as the “Dr. Ladd’s Licensed Assets”); and/or (ii) to the extent of your limited rights to use our Sites for certain personal (non-commercial) purposes, as set forth below in the section titled LICENSES GRANTED TO YOU, subject to the conditions set forth in the YOUR RESPONSIBILITIES section below and the other terms and conditions of these TOS. Notwithstanding the foregoing, you hereby grant to Dr. Ladd the rights as set forth in the section “USER SUBMISSIONS; GRANT OF LICENSE TO DR. LADD; YOUR WARRANTIES AND REPRESENTATIONS” below. Unless expressly authorized by Dr. Ladd pursuant to these TOS, or unless you have otherwise obtained Dr. Ladd’s written permission (such as for example, but not limitation, as part of specific instructions provided on our Sites, including, without limitation, as part of any Special Rules), you agree not to copy, reproduce, duplicate, stream, capture, access through technology or means other than those provided on our Sites or webinars, and expressly agree not to transfer, sell, resell, download, upload, archive, license to others, edit, modify, manipulate, create derivative works from or based upon (including, without limitation, mash-ups, montages, wallpapers, ringtones, greeting cards, T-shirts or other merchandise), publish, republish, post, transmit, publicly display, frame, link from or to, distribute, share, embed, translate, decompile, reverse engineer, translate, incorporate into any hardware or software application, use for commercial purposes, or otherwise use or exploit our Sites or any component part thereof. Any of the unauthorized uses referred to above would constitute an infringement of the copyrights and other proprietary rights of Dr. Ladd and/or its licensors (including, without limitation, other Site users who have submitted their own User Submissions) and a violation of these TOS and may subject you to civil and/or criminal liability under applicable laws. If there is violation of these expressed TOS your paid subscription/membership will be terminated without refund, recompense, or transferance.
LICENSES GRANTED TO YOU
Subject to these TOS (including, without limitation, the YOUR RESPONSIBILITIES section set forth below), Dr. Ladd hereby grants you, if and only to the extent the necessary functionality is provided to you on or through our Sites, the following limited, revocable, non-exclusive, non-transferable, non-assignable, worldwide, royalty-free rights and licenses (each a “License”): (1) the License to access, view and otherwise use our Sites (including, without limitation any services provided on, by, or through our Sites or Dr. Ladd) for your personal, lawful use only, as intended through the normal functionality of our Sites; (2) the License to stream Site content using any of the widgets and/or other digital streaming Internet video players, if any, provided on our Sites (any such widget or other digital streaming Internet video player referred to as a “Site Widget”); (3) the License to cut and paste certain code expressly made available to you through our Sites (whether such functionality is designated as “sharing” functionality or not) in order to embed, re-publish, maintain, and/or display the specific Site content to which such code relates on your own personal, customized social networking Web page(s), Web blog(s), or microblog(s) (collectively, your “Personal Social Media”), and/or, if our Sites provide “widget grabbing and embedding” functionality, to “grab” a Site Widget and embed, re-publish, maintain, and/or display such Site Widget on your Personal Social Media; (4) the License to cut and paste certain code expressly made available to you through our Sites, and/or if our Sites provides “widget grabbing and embedding” functionality, to “grab” a Site Widget, to forward, as applicable, such code and/or Site Widget to your friends, so that they can view our Sites’ content contained therein, and/or if, they so desire, so that they themselves may embed the forwarded piece of code or Site Widget on their own Personal Social Media or re-forward it to their own friends; (5) if our Sites include a “Send to Friend” tool that allows you to initiate and send to one of your friends an email communication that includes Site content, and the tool is operational, the License to use the tool to request that our Sites’ servers convey your message to your friend; (6) if our Sites include a “Download” link next to a piece of Site content (including, without limitation, an image, a music track, video, registration, PDF, or an RSS feed), the License to download a single copy of such content to a single computer or other permitted device for your personal, non-commercial use only; (7) if our Sites enable you to download Software, the License to install and use one copy of the Software on your personal computer system in machine-executable object code form only and make one additional copy for back-up purposes; provided, however, that you understand and agree that (i) by allowing you to download the Software, Dr. Ladd does not transfer title to the Software to you (i.e., you own the medium on which the Software is recorded, but the Software’s owner (which may be Dr. Ladd and/or its third party Software licensor) will retain full and complete title to such Software; (ii) you may not copy, modify, adapt, translate into any language, distribute, or create derivative works based on the Software without the prior written consent of Dr. Ladd; (iii) you may not assign, rent, lease, or lend the Software to any person or entity and any attempt by you to sublicense, transfer, or assign the Software will be void and of no effect; (iv) you may not decompile, disassemble, reverse engineer, or attempt to reconstruct, identify, or discover any source code, underlying ideas, underlying user interface techniques, or algorithms of the Software by any means whatsoever, except to the extent the foregoing restriction is prohibited by applicable law; (v) because the laws and regulations of the U.S. restrict the export and re-export of commodities and technical data of U.S. origin, including the Software, you will not export or re-export the Software in any form in violation of the laws of the US or any foreign jurisdiction, and in addition, you represent and warrant that you are not a national or resident of any country to which the U.S. has embargoed goods, or on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Denial and Prohibition Orders; (8) the License to obtain a registered personal member account (and related username and password) on our Sites and interact with other Sites’ users as part of Site-based chat rooms, message boards, webinars, social media networks, online activities; (9) the License to use any other functionality expressly provided by Dr. Ladd on or through our Sites for use by users, subject to these TOS (including, without limitation, functionality to create and/or Submit User Submissions).
Your rights under any one or more of the Licenses set forth above are conditioned upon your compliance, with each of the following: (1) you will not create or Submit (as defined below) a User Submission that is unlawful, pornographic, obscene, defamatory, libelous, threatening, discriminatory, harassing, bullying, vulgar, indecent, profane, hateful, racially, culturally or ethnically offensive, or that encourages criminal conduct, or that gives rise, or potentially gives rise, to civil or criminal liability, or that violates any applicable laws, rules, regulations or Federal Trade Commission guidelines (“Applicable Laws”), or that infringes or violates any other party’s(ies’) intellectual property rights or links to infringing or unauthorized content; (2) you will not embed, re-publish, maintain and/or display any Sites’ content (including, without limitation, any of your own User Submissions) on any Personal Social Media or other web site or other Internet location that ordinarily (i) contains or hosts content that is unlawful, pornographic, obscene, defamatory, libelous, threatening, discriminatory, harassing, bullying, vulgar, indecent, profane, hateful, racially, culturally or ethnically offensive, or that encourages criminal conduct, or that gives rise, or potentially gives rise, to civil or criminal liability, or that violates any Applicable Laws, or that infringes or violates any other party’s(ies’) intellectual property rights or links to infringing or unauthorized content; (3) you will not send spam, chain letters, or any other unsolicited or unauthorized advertising or promotional materials, or to harass, bully, stalk, harm, or otherwise cause mental or physical distress or injury to anyone, or to defame or disparage someone, or for any other unlawful or objectionable (as determined by Dr. Ladd) purpose; (4) you will not provide false information about you or anyone else (including, without limitation, when you are being asked on the Sites to provide accurate information about your age), and you will not impersonate or appear to impersonate anyone else or otherwise misrepresent your affiliation with any person or entity; (5) you will not use any one or more of the Licenses (and any associated functionality) to collect, obtain, compile, gather, transmit, reproduce, delete, revise, view, display, forward, any material or information, whether personally identifiable or not, posted by or concerning any other user of the Sites, unless you have obtained prior permission from such user to do so; (6) you will not interfere with or disrupt, or attempt to interfere with or disrupt, the operation of the Sites (or any parts thereof); (7) you will abide by all copyright notices, information, restrictions contained in or associated with any of the Sites’ content; (8) you will not remove, alter, interfere with or circumvent any of copyright, trademark, watermark, or other proprietary notices marked/displayed on Site content; (9) you will not remove, alter, interfere with or circumvent any digital rights management mechanism, device or other content protection or access control measure (including, without limitation geofiltering and/or encryption) associated with Site content; (10) you will not use any of the rights granted to you or any of the Sites’ content in a manner that suggests an association with any of Dr. Ladd’s products, services or brands, unless otherwise specifically permitted by Dr. Ladd; (11) you will not use bots, spiders, offline readers or other automated systems to access or use the Sites in a manner that sends more request messages to the Sites’ servers in a given period of time than a human can reasonably produce in the same period by using a conventional Web browser, unless you are a lawfully operating a public search engine, in which case (subject to Dr. Ladd’s full discretion to revoke this exception at any time), you may use spiders to index materials from the Sites for the sole purpose of creating publicly available searchable indices (but not caches or archives) of such materials; (12) you will not knowingly transmit any material that contains adware, malware, spyware, software viruses, timebombs, cancelbots, worms, trojan horses, spyware, or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment; (13) you will not do anything that is likely to adversely affect or reflect negatively upon or harm the goodwill or reputation of Dr. Ladd or any of his affiliates, or the Sites, or any of the content running or being promoted on the Sites (including, without limitation, USANA Health Sciences, Inc.); (14) you will not do anything on the Sites that would prevent other users’ access to or use of the Sites or any part thereof; and (15) you will use the Sites and the Licenses at all times in compliance with these TOS and all Applicable Laws.
USER SUBMISSIONS; GRANT OF LICENSE TO DR. LADD; YOUR WARRANTIES AND REPRESENTATIONS
The Sites may enable you to send, post, upload, transmit through webcam or similar functionality or otherwise submit to the Sites (including, without limitation, by allowing you to provide the URL of where a particular piece of your content resides), or otherwise display or exchange (including, without limitation, with other Sites’ users) on or via the Sites (collectively, “Submit”), your videos, textual comments, photographs, images, or other creative works and/or other personal media content and your ideas, opinions, feedback, and other information, (collectively, your “User Submissions”), and such User Submissions will generally be available to all users of the Site. By submitting your User Submissions on or via the Sites you expressly acknowledge and agree that you and only you will be responsible for the content of your User Submissions and for any consequences that may arise therefrom. Except as may otherwise be provided in any Special Rules, it is not Dr. Ladd’s regular, established practice to monitor, control, or have knowledge of the User Submissions Submitted using the Sites, but Dr. Ladd may do so in his sole discretion. When you Submit (or attempt to Submit) your User Submissions on or through the Sites, you automatically grant to Dr. Ladd and his affiliates, an irrevocable, perpetual, worldwide, unconditional, unrestricted, fully-paid, royalty-free, transferable, fully sublicenseable to multiple tiers of sublicensees, non-exclusive right and license (the “Ladd McNamara, Inc., Dr. Ladd, Ladd McNamara, M.D., or Dr. Ladd VIP License”) to display, publicly perform, distribute (including, without limitation, through third-party Web sites, blogs, microblogs and other social networking media and Internet resources), store, transcode, host, cache, maintain, broadcast, webcast, podcast, transmit, distribute, tag, track, reproduce, edit, modify, format, re-format, link to and from, translate, delete, create derivative works, combine with other content, categorize, and/or otherwise use, reuse, assign, and/or otherwise exploit your User Submissions (or any portions or derivative works thereof) and any names, likenesses, voices, images, digital recordings, performances, and other ideas, concepts, feedback and other materials included in your User Submissions, in any manner, medium or content delivery technology now known or hereinafter devised, for any purpose, as determined solely in Dr. Ladd’s (or its authorized designees/licensees’) sole discretion, without the requirement for any compensation to you or anyone else, or the need to require additional consent from you or anyone else, or the need to provide prior notification or any credit to you or anyone else. The Dr. Ladd License shall survive in perpetuity in accordance with its terms regardless of whether you stop using the Sites or Dr. Ladd terminates your access to the Sites. NOTHING CONTAINED HEREIN SHALL BE DEEMED TO TRANSFER TO DR. LADD OR TO ANY OF HIS AFFILIATES ANY OWNERSHIP RIGHTS IN AND TO YOUR USER SUBMISSIONS, PROVIDED, HOWEVER, THAT DR. LADD AND/OR HIS AFFILIATES AND/OR HIS LICENSORS WILL RETAIN SOLE AND EXCLUSIVE OWNERSHIP OF ANY OF THE DR. LADD LICENSED ASSETS (IF ANY) INCLUDED IN YOUR USER SUBMISSIONS. EVEN THOUGH BY SUBMITTING YOUR USER SUBMISSIONS YOU ARE GRANTING TO DR. LADD THE BROAD RIGHTS AND LICENSES SET FORTH ABOVE, YOU ACKNOWLEDGE AND UNDERSTAND THAT NOTHING CONTAINED HEREIN SHALL OBLIGATE DR. LADD AND/OR ANY OF ITS AFFILIATES TO HOST, DISTRIBUTE, DISPLAY OR OTHERWISE EXPLOIT ANY OF YOUR USER SUBMISSIONS OR EXERCISE ANY OTHER RIGHTS UNDER THE DR. LADD LICENSE. You acknowledge and agree that: (i) you have no expectation of confidentiality of any nature with respect to any of your User Submissions, and (ii) Dr. Ladd and/or any of its affiliates may already have projects under consideration that are similar to your User Submissions or may independently develop projects that are similar to your User Submissions, or other User Submissions transmitted by other users of the Sites may be similar or the same as your User Submissions. Because of the viral nature of social media, you should not submit any content or information to Dr. Ladd that you do not want to be viewed by others. In connection with all of the User Submissions you Submit to the Sites, and any other activities that you conduct on the Sites, you represent, warrant and covenant that: (i) the User Submissions are original to you (in other words, that you own all rights in and to your User Submissions) or, alternatively, that you have acquired all necessary rights in your User Submissions to enable you to grant to Dr. Ladd the Dr. Ladd or Ladd McNamara, Inc. License; (ii) you have paid or satisfied and will pay or satisfy in full all license fees, clearance fees, royalties, and any other financial or third party obligations of any kind, if any, arising from any use or exploitation of your User Submissions, and Dr. Ladd will not be responsible for such obligations; (iii) your User Submissions do not infringe the intellectual property rights, privacy rights, publicity rights, or any other legal or moral rights of any third party; (iv) neither your User Submissions, nor any of the other activities that you undertake on the Site, are or will at any time be: defamatory or disparaging of any individual or entity, unlawful, pornographic, obscene, threatening, vulgar, indecent, profane, hateful, sexually explicit or sexually suggestive, intended to bully or harass or stalk, or resulting in bullying, harassing, or stalking, racially or ethnically or culturally offensive, or otherwise objectionable or encouraging of criminal conduct, or giving rise, or potentially giving rise, to civil or criminal liability, or linking to infringing or unauthorized content, or transmitting unsolicited advertising materials, or intended to result in, or resulting in, any mental or physical distress or injury to any person, violative of any Applicable laws or these TOS; and (iv) your User Submissions are not intended by you to benefit any commercial enterprise associated with you or any third party. You agree to keep all records necessary to establish that your User Submissions do not violate any of the foregoing representations and warranties and to make such records available to Dr. Ladd upon Dr. Ladd’s request.
Dr. Ladd is not responsible for any loss, theft or damage of any kind to any User Submissions.
You acknowledge that Dr. Ladd does not as a matter of his ordinary practice pre-screen any User Submissions submitted by you or other users of the Sites but that Dr. Ladd (and/or any of his authorized designees) has the right to and may pre-screen or review after initial submission any of the User Submissions for a variety of reasons, including, without limitation, for compliance with these TOS or Applicable laws, or if otherwise desired or necessary, as determined by Dr. Ladd in its sole discretion. Dr. Ladd shall have the right in his sole discretion to refuse, remove, edit, or disable any of your User Submissions (and/or any other Sites’ users’ User Submissions) that violate these TOS or are otherwise objectionable, as determined by Dr. Ladd in his sole discretion, as well as terminate your and/or any Sites user’s continued access to and/or other use of the Sites (including, without limitation, access to and/or use of any of the Services, features or functionality available on or through the Sites). Dr. Ladd does not control or endorse any User Submissions, and any User Submissions submitted to the Sites do not reflect the opinions, views or policies of Dr. Ladd or any of his affiliates. Dr. Ladd disclaims any and all liability in connection with any and all User Submissions, and you agree to waive any legal or equitable rights or remedies you may have against Dr. Ladd or any of its affiliates with respect to such User Submissions.
If you remove or delete any of your User Submissions from the Sites, that User Submission will be removed from the Sites within a reasonable period of time. Nonetheless, a User Submission that you remove may still be available to third parties who previously acquired the link to that User Submission and Dr. Ladd may maintain copies for archival purposes.
Dr. Ladd reserves the right to display advertisements in connection with your User Submissions and to use your User Submissions to advertise and promote your User Submissions or the Sites (in whole or in part). You acknowledge and agree that you have no moral rights in connection therewith and no right or interest in any of the revenue generated from such advertisements.
These provisions shall remain in full force and effect in perpetuity notwithstanding any termination of your use of the Sites.
THIRD PARTY LINKS
Dr. Ladd sites may link to and/or contain advertisements about non-Dr. Ladd owned or controlled Web sites or other Internet resources. You acknowledge and understand that Dr. Ladd does not endorse or sponsor such other third party Web sites or other Internet resources and DR. LADD EXPRESSLY AND SPECIFICALLY DISCLAIMS ANY RESPONSIBILITY AND LIABILITY FOR ANY CONTENT, SOFTWARE, FUNCTIONALITY, SERVICES OR ADVERTISED PRODUCTS OR SERVICES FOUND ON OR RELATED TO ANY SUCH THIRD PARTY WEB SITE OR OTHER INTERNET RESOURCES.
NO MEDICAL ADVICE
While the information on the Site was prepared to provide accurate information regarding topics related to general and specific health issues, the information contained in the Site is made available with the express understanding that neither Ladd McNamara, Inc, Dr. Ladd McNamara, Dr. Ladd and/or the other experts on the Sites, nor the Sites themselves, nor members of the Sites are dispensing medical advice and do not intend any of this information to be used for self diagnosis or treatment. IF YOU HAVE ANY QUESTIONS OR CONCERNS ABOUT YOUR HEALTH AND BEFORE STARTING OR STOPPING ANY TREATMENT OR ACTING UPON INFORMATION CONTAINED ON THE SITES, YOU SHOULD CONTACT YOUR OWN PHYSICIAN OR HEALTH CARE PROVIDER.
DISCLAIMER OF WARRANTIES
YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THE SITE (AND ANY PORTION OF THE SITE) IS PROVIDED “AS IS” “WITH ALL FAULTS” AND “AS AVAILABLE.” TO THE FULLEST EXTENT PERMITTED BY LAW, LADD MCNAMARA, INC. AND LADD MCNAMARA, M.D. EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND, WHETHER EXPRESSED OR IMPLIED (INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE AND NON-INFRINGEMENT). Neither LADD MCNAMARA, INC. and LADD MCNAMARA, M.D. make any warranties or representations about the accuracy or completeness of content available on or through our Sites or the content of any Websites, Personal Social Media or other Internet resources linked to our Sites and assume no liability or responsibility for any: (i) errors, mistakes, or inaccuracies of content; (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to or use of the Site (or any parts thereof); (iii) any unauthorized access to or use of LADD MCNAMARA, M.D.’s (“Dr. Ladd”) and/or LADD MCNAMARA, INC.’s secure servers and/or any and all personal information stored therein; (iv) any interruption or cessation of transmission to or from the Site; (v) any bugs, viruses, Trojan horses, or the like which may be transmitted to or through our Sites (or any parts thereof) by any third party; and/or (vi) for any loss or damage of any kind incurred as a result of the use of any User Submissions and/or other Site content posted, shared, forwarded, emailed, transmitted, or otherwise made available on or through our Sites and/or otherwise through your or any other Site users’ exercise of any rights under any of the Licenses granted by LADD MCNAMARA, INC. and LADD MCNAMARA, M.D. (“Dr. Ladd”) herein. LADD MCNAMARA, M.D. and LADD MCNAMARA, INC. reserve the right, in its sole and exclusive discretion, to change, modify, add, remove or disable access without notice to any portion of our Sites (including, without limitation any of our Sites’ Services).
LIMITATION OF LIABILITY
YOU UNDERSTAND THAT TO THE EXTENT PERMITTED UNDER APPLICABLE LAWS, IN NO EVENT WILL DR. LADD OR ANY OF HIS AFFILIATES OR ANY OF THEIR RESPECTIVE OFFICERS, EMPLOYEES, DIRECTORS, SHAREHOLDERS, AGENTS, OR LICENSORS BE LIABLE TO YOU OR ANYONE ELSE UNDER ANY THEORY OF LIABILITY (WHETHER IN CONTRACT, TORT, STATUTORY, OR OTHERWISE) FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF REVENUES, PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF SUCH PARTIES WERE ADVISED OF, KNEW OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM YOUR USE (OR THE USE OF ANYONE USING AN ACCOUNT REGISTERED TO YOU) OF THE SITES OR ANY PARTS THEREOF.
EXCLUSIONS AND LIMITATIONS
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent Dr. Ladd may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of Dr. Ladd’s liability shall be the minimum permitted under such applicable law.
You agree to indemnify and hold harmless Dr. Ladd, Ladd McNamara, Inc., Ladd McNamara, M.D., and his affiliates and their respective officers, directors, employees, representatives, licensees, authorized designees, successors and assigns from any and all claims, liabilities, damages, losses, costs, expenses, fees (including reasonable attorneys’ fees and costs) that such parties may incur as a result of or arising from (i) any of your User Submissions, (ii) your exercise of any of your rights granted under the Licenses without your compliance with your responsibilities set forth in these TOS, (iii) the breach of any of your warranties, representations, covenants, responsibilities or other obligations set forth in these TOS, (iv) your violation of any person’s intellectual property, privacy, publicity or other right, (v) the violation of any Applicable Laws and/or these TOS by you and/or anyone using your registered account to access and/or otherwise use the Sites (in whole or in part), or (v) your willful misconduct or the willful misconduct of anyone accessing the Sites through your registered account, in connection with your (and/or such other person’s) use of the Sites (in whole or in part). Dr. Ladd reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with Dr. Ladd in asserting any available defenses. This provision shall remain in full force and effect notwithstanding any termination of your use of the Sites.
COPYRIGHT INFRINGEMENT NOTIFICATION; DESIGNATED COPYRIGHT AGENT
Dr. Ladd respects the intellectual property rights of others. Upon proper notice, Dr. Ladd will remove User Submissions (and any other Site content) that violate copyright law. Pursuant to Title 17 of the U.S. Code, Section 512, Dr. Ladd has implemented procedures for receiving written notification of claimed copyright infringement on the Sites and for processing such claims in accordance with such law. If you believe a work has been copied in a way that constitutes copyright infringement, please send Dr. Ladd, at the address set forth below, a notification of claimed infringement (an “Infringement Notification”) that contains all the following information: (i) identification of the copyrighted work claimed to have been infringed; (ii) identification of the claimed infringing material and information reasonably sufficient to permit Dr. Ladd to locate the material on the Sites; (iii) information reasonably sufficient to permit Dr. Ladd to contact you, such as an address, telephone number, and, if available, an e-mail address; (iv) 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; (v) a statement by you, made under penalty of perjury, that the above information in your notification is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf; and (vi) your physical or electronic signature.
Ladd McNamara, Inc.
2761 Valley Creek Dr.
Chula Vista, California 91914
By submitting an Infringement Notification, you acknowledge and agree that Dr. Ladd may forward your Infringement Notification and any related communications to any users who posted the material identified in such notice.
If you believe that your User Submission has been wrongfully removed from the Sites, you may send Dr. Ladd a counter notification. Pursuant to federal law you may be held liable for damages if you make material misrepresentations in a counter notification. In compliance with Title 17 of the U.S. Code, Section 512, your counter notification, to be effective, must be in writing, sent to Dr. Ladd McNamara’s address above, and include substantially the following information: (i) your physical or electronic signature; (ii) identification of the material that has been removed or to which access has been disabled and the location where the material previously appeared on the Sites; (iii) a statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; (iv) your name, address, and telephone number and a statement that you consent to the jurisdiction of the Federal District Court in the district in which your address is located (or in the Southern District of California, for addresses outside the US) and agree to accept service of process from the person who submitted the original Infringement Notification that resulted in your User Submission being removed (or an agent of such person) in the event he or she elects to file suit. By submitting a counter notification, you acknowledge and agree that Dr. Ladd may forward your counter notification and any related communications to the person who submitted the original Infringement Notification that resulted in the removal of your User Submission or to other third parties.
THESE TOS SHALL BE CONSTRUED AND ENFORCED IN ACCORDANCE WITH THE LAWS OF THE STATE OF CALIFORNIA WITHOUT REGARD TO ANY CHOICE OF LAW OR CONFLICT OF LAWS PRINCIPLES, REGARDLESS OF WHERE YOU LIVE. ALL ACTIONS OR PROCEEDINGS ARISING IN CONNECTION WITH, TOUCHING UPON OR RELATING TO THESE TOS, OR THE SITE THE BREACH OF THESE TOS AND/OR THE SCOPE OF THE PROVISIONS OF THIS ARBITRATION CLAUSE, Each Party agrees that any and all disputes that may arise out of these TOS or out of each Party’s relationship with the other shall be submitted for resolution for arbitration. In agreeing to arbitrate such disputes, each Party agrees to waive any rights to bring any civil action in any court regarding such disputes. The award rendered by the arbitrator shall be final and judgment may be entered into it in accordance with the applicable law in the APPROPRIATE COURT (THE CIRCUIT COURT OR CALIFORNIA COURT) IN San Diego County, California. If either Party desires arbitration, it agrees to serve written notice of the arbitration with the other Party.
NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, YOU HEREBY IRREVOCABLY WAIVE ANY RIGHT OR REMEDY TO SEEK AND/OR OBTAIN INJUNCTIVE OR OTHER EQUITABLE RELIEF OR ANY ORDER WITH RESPECT TO, AND/OR TO ENJOIN OR RESTRAIN OR OTHERWISE IMPAIR IN ANY MANNER, THE PRODUCTION, DISTRIBUTION, EXHIBITION OR OTHER EXPLOITATION OF ANY MOTION PICTURE, PRODUCTION OR PROJECT RELATED TO DR. LADD OR ANY OF ITS AFFILIATES, OR THE USE, PUBLICATION OR DISSEMINATION OF ANY ADVERTISING IN CONNECTION WITH SUCH MOTION PICTURE, PRODUCTION OR PROJECT.
This provision shall remain in full force and effect notwithstanding any termination of your use of the Sites.
WAIVER OF JURY TRIAL
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE PARTIES HEREBY WAIVE THEIR RIGHT TO JURY TRIAL WITH RESPECT TO ALL CLAIMS AND ISSUES ARISING UNDER, IN CONNECTION WITH, TOUCHING UPON OR RELATING TO THESE TOS, THE BREACH THEREOF AND/OR THE SCOPE OF THE PROVISIONS OF THIS PARAGRAPH, WHETHER SOUNDING IN CONTRACT OR TORT, AND INCLUDING ANY CLAIM FOR FRAUDULENT INDUCEMENT THEREOF. The parties acknowledge that, if any of the provisions of this paragraph are currently unenforceable under applicable law, they mutually intend for this paragraph to apply in the event such provisions later become enforceable under such law. This provision shall remain in full force and effect notwithstanding any termination of your use of the Sites.
If any provision of the TOS shall be held unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these TOS and shall not affect the validity and enforceability of any remaining provisions. The failure of Dr. Ladd to exercise or enforce any right or provision of these TOS shall not constitute a waiver of such right or provision.
You understand and agree that Dr. Ladd may, in its sole discretion and at any time, terminate or temporarily suspend your rights under any of the Licenses and otherwise your access to the Sites, and discard, remove, and/or disable or deactivate any or all of your User Submissions that you Submitted to the Sites (and/or any other User Submissions) and/or any other information and data that you (and/or anyone else) may have provided to the Sites, for any reason. Dr. Ladd may also, in his sole discretion and at any time, discontinue the Sites or any parts thereof or limit or restrict any user access thereto, for any reason, with or without notice. YOU UNDERSTAND AND AGREE THAT DR. LADD MAY TAKE ANY ONE OR MORE OF THESE ACTIONS WITHOUT ANY NOTICE TO YOU, PRIOR OR OTHERWISE, AND YOU UNDERSTAND AND AGREE THAT NEITHER DR. LADD NOR ANY OF ITS AFFILIATES SHALL HAVE ANY LIABILITY TO YOU OR ANY OTHER PERSON FOR ANY TERMINATION OF YOUR (OR ANYONE ELSE’S) ACCESS TO SITES OR PARTS THEREOF AND/OR THE REMOVAL, DISCARDING, DISABLING OR DEACTIVATION OF ANY OF YOUR USER SUBMISSIONS (OR THE USER SUBMISSIONS OF ANYONE ELSE) OR THE REMOVAL, DISCARDING, DISABLING OR DEACTIVATION OF ANY OTHER INFORMATION OR DATA THAT YOU (OR ANYONE ELSE) MAY HAVE PROVIDED ON OR THROUGH THE SITES. You may discontinue your access to, use or participation on the Sites at any time.
Notwithstanding anything to the contrary herein, you hereby irrevocably waive any right or remedy to seek and/or obtain injunctive or other equitable relief or any order with respect to, and/or to enjoin or restrain or otherwise impair in any manner, the production, distribution, exhibition or other exploitation of any Dr. Ladd-or any Dr. Ladd affiliate-related motion picture, production or project, or the use, publication or dissemination of any advertising in connection with such motion picture, production or project.
CHANGES IN SITES OWNERSHIP