Welcome to the inspirelifeproductions.com Site, which is located at www.inspirelifeproductions.com (the "Site"). The following Terms of Service ("TOS") contain the terms and conditions that govern your use of the Site. Purchase of any product on the Site constitutes your agreement to and acceptance of all the TOS.
InspireLife Productions, along with our licensees and assignees referred in this Agreement as “us” and “we” and “InspireLife Productions”) reserves the right to add to, delete or change these TOS because of frequent changes in Internet technology and applicable law. As such, you should check these TOS from time to time for such changes.
(b) Compliance With TOS and Applicable Law. You must comply with all of the terms and conditions of these TOS, the applicable agreements and policies referred to below, and all applicable laws, regulations and rules when you use the InspireLife Productions Site.
(c) Your License to Use the Site.
(1) InspireLife Productions solely and exclusively owns all intellectual property and other right, title and interest in the InspireLife Productions Site, except as expressly provided for in these TOS. You will not acquire any right, title or interest therein under these TOS or otherwise.
(2) InspireLife Productions grants you a limited revocable license to access and use the Site for its intended purposes, subject to your compliance with these TOS. This license does not include the right to collect or use information contained on the Site for purposes prohibited by InspireLife Productions; create derivative works based on the Products or any third party content available via the Site; or download or copy the Site (other than page caching). If you use the Site in a manner that exceeds the scope of this license or breach this TOS, InspireLife Productions may revoke the license granted to you.
(d) Third-Party Services. InspireLife Productions may use third parties to provide certain services accessible through the Site. InspireLife Productions does not control those third parties or their services, and you agree that InspireLife Productions will not be liable to you in any way for your use of such services. These third parties may have their own terms of use and other policies. You must comply with such terms and policies as well as these TOS when you use these services. If any such terms or policies conflict with InspireLife Productions's TOS, agreements or policies, you must comply with InspireLife Productions's TOS, agreements or policies, as applicable.
3. Rules For Use Of the Site.
(a) Prohibited Use. Except as may be expressly permitted by InspireLife Productions, you may not: (i) interfere with the InspireLife Productions Service by using viruses or any other programs or technology designed to disrupt or damage any software or hardware; (ii) modify, create derivative works from, reverse engineer, decompile or disassemble any technology used to provide the InspireLife Productions Service; (iii) use a robot, spider or other device or process to monitor the activity on or copy pages from the Site, except in the operation or use of an internet "search engine", hit counters or similar technology; (iv) collect electronic mail addresses or other information from third parties by using the InspireLife Productions Service; (v) impersonate another person or entity; (vii) use any meta tags, search terms, key terms, or the like that contain InspireLife Productions's name or trademarks; (viii) engage in any activity that interferes with another user's ability to use or enjoy the InspireLife Productions Service; or (ix) assist or encourage any third party in engaging in any activity prohibited by these TOS.
(b) Privacy Policy. By entering into these TOS, you agree to InspireLife Productions's collection, use and disclosure of your personal information in accordance with the InspireLife Productions Privacy Policy, found here: http://www.inspirelifeproductions.com/privacy.
(c) Ordering Products. If you purchase Products, you agree to do so in accordance with InspireLife Productions's Customer Bill of Rights below. Title to Products that you buy will pass to you upon delivery of the Products to the common carrier.
(d) Monitoring. InspireLife Productions reserves the right, but does not assume the obligation, to monitor transactions and communications that occur through the Site. If InspireLife Productions determines, in its sole and absolute discretion, that you or another InspireLife Productions user will breach a term or condition of these TOS or that such transaction or communication is inappropriate, InspireLife Productions may cancel such transaction or take any other action to restrict access to or the availability of any material that may be considered objectionable, without any liability to you or any third party.
(e) Modification of the Service. InspireLife Productions may modify the InspireLife Productions Service at any time with or without notice to you, and will incur no liability for doing so.
4. Submissions. When you submit questions, comments, suggestions, ideas, message board postings, material submitted via web forms, contest entries, communications or any other information ("Submissions"), you grant InspireLife Productions permission to use such submissions for marketing and other promotional purposes. You agree that InspireLife Productions will have no obligation to keep any Submissions confidential and you will not bring a claim against InspireLife Productions based on "moral rights" or the like arising from InspireLife Productions's use of a Submission.
5. Representations and Warranties.
(a) Mutual Representations and Warranties. You represent and warrant to InspireLife Productions and InspireLife Productions represents and warrants to you: (i) that you or it has the full power and authority to enter into and perform under these TOS, (ii) the execution and performance of your or its obligations under these TOS do not constitute a breach of or conflict with any other agreement or arrangement by which you or it is bound, and (iii) these TOS are a legal, valid and binding obligation of the party entering into these TOS, enforceable in accordance with their terms and conditions.
(b) By You. You represent and warrant to InspireLife Productions that, in your use of the InspireLife Productions Service, you: (i) will not infringe the copyright, trademark, patent, trade secret, right of privacy, right of publicity or other legal right of any third party and (ii) will comply with all applicable laws, rules, and regulations.
6. Disclaimers, Exclusions, and Limitations.
(a) DISCLAIMER OF WARRANTIES. InspireLife Productions PROVIDES THE SITE AND InspireLife Productions SERVICE ON AN "AS IS" AND "AS AVAILABLE" BASIS. InspireLife Productions DOES NOT REPRESENT OR WARRANT THAT THE SITE, InspireLife Productions SERVICE OR ITS USE: (i) WILL BE UNINTERRUPTED, (ii) WILL BE FREE OF INACCURACIES OR ERRORS, (iii) WILL MEET YOUR REQUIREMENTS, OR (iv) WILL OPERATE IN THE CONFIGURATION OR WITH THE HARDWARE OR SOFTWARE YOU USE. InspireLife Productions MAKES NO WARRANTIES OTHER THAN THOSE MADE EXPRESSLY IN THESE TOS, AND HEREBY DISCLAIMS ANY AND ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY AND NON-INFRINGEMENT.
(b) EXCLUSION OF DAMAGES. InspireLife Productions WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, PUNITIVE OR SPECIAL DAMAGES (INCLUDING DAMAGES RELATING TO LOST PROFITS, LOST DATA OR LOSS OF GOODWILL) ARISING OUT OF, RELATING TO OR CONNECTED WITH THE USE OF THE InspireLife Productions SERVICE, BASED ON ANY CAUSE OF ACTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
(c) LIMITATION OF LIABILITY. EXCEPT FOR A BREACH OF A PARTY'S REPRESENTATIONS AND WARRANTIES UNDER THESE TOS OR IN CONNECTION WITH YOUR INDEMNITY OBLIGATIONS UNDER THESE TOS, IN NO EVENT WILL THE LIABILITY OF EITHER PARTY IN CONNECTION WITH THESE TOS EXCEED THE GREATER OF (i) THE AMOUNT PAID OR PAYABLE BY InspireLife Productions TO YOU DURING THE SIX MONTHS IMMEDIATELY PRECEDING THE EVENT THAT GIVES RISE TO SUCH LIABILITY OR (ii) $100.
7. Indemnification. You will indemnify and hold InspireLife Productions and its employees, representatives, agents, affiliates, directors, officers, managers and shareholders (the "Parties") harmless from any damage, loss, or expense (including without limitation, attorneys' fees and costs) incurred in connection with any third-party claim, demand or action ("Claim") brought against any of the Parties alleging that you have breached any of these TOS. If you have to indemnify InspireLife Productions under this Section, InspireLife Productions will have the right to control the defense, settlement, and resolution of any Claim at your sole expense. You may not settle or otherwise resolve any Claim without InspireLife Productions's express written permission.
8. Termination.
(a) Termination. InspireLife Productions may suspend or terminate your use of the Site or InspireLife Productions Service if it believes, in its sole and absolute discretion, that you have breached a term of these TOS.
(b) Survival. These TOS will survive indefinitely unless and until InspireLife Productions chooses to terminate them.
(c) Effect of Termination. If you or InspireLife Productions terminates your use of the Site or the InspireLife Productions Service, InspireLife Productions may delete any Submissions or other materials relating to your use of the InspireLife Productions Service on InspireLife Productions's servers or otherwise in its possession and InspireLife Productions will have no liability to you or any third party for doing so.
9. Notice. All notices required or permitted to be given under these TOS will be in writing and delivered to the other party by electronic mail to websales@inspirelifeproductions.com. If InspireLife Productions provides notice to you, InspireLife Productions will use the contact information provided by you to InspireLife Productions. All notices will be deemed received as follows: (i) if by delivery by U.S. mail, seven (7) business days after dispatch, (ii) if by overnight courier, on the date receipt is confirmed by such courier service, or (iii) if by electronic mail, 24 hours after the message was sent, if no "system error" or other notice of non- delivery is generated. If applicable law requires that a given communication be "in writing," you agree that email communication will satisfy this requirement.
10. Dispute Resolution. All disputes arising out of, relating to or connected with these TOS or your use of any part of the InspireLife Productions Site will be exclusively resolved under confidential binding arbitration held in Houston, Texas before and in accordance with the Rules of the American Arbitration Association, by a sole arbitrator applying Texas law (without regard for conflicts of law principles). The arbitrator's award will be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under these TOS will be joined to an arbitration involving any other party subject to these TOS, whether through class arbitration proceedings or otherwise. Any action to enforce an arbitrator's award will be brought in a federal or state court located in Montgomery County, Texas, and each party hereby irrevocably submits to the personal jurisdiction of such court. By entering into these TOS, you hereby irrevocably waive any right you may have to join claims with those of others in the form of a class action or similar procedural device. Any claim arising out of, relating to or connected with these TOS or your use of any part of the InspireLife Productions Site must be asserted individually.
11. Miscellaneous. These TOS will be binding upon each party hereto and its successors and permitted assigns, and governed by and construed in accordance with the laws of the State of Texas without reference to conflict of law principles. These TOS will not be assignable or transferable by you without the prior written consent of InspireLife Productions. These TOS (including all of the policies and other Agreements described in this TOS, which are hereby incorporated herein by this reference) contain the entire understanding of the parties regarding its subject matter, and supersedes all prior and contemporaneous agreements and understandings between the parties regarding its subject matter. No failure or delay by a party in exercising any right, power or privilege under these TOS will operate as a waiver thereof, nor will any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof or the exercise of any other such right, power, or privilege. You and InspireLife Productions are independent contractors, and no agency, partnership, joint venture, or employee-employer relationship is intended or created by these TOS. The invalidity or unenforceability of any provision of these TOS will not affect the validity or enforceability of any other provision of these TOS, all of which will remain in full force and effect. |