1.1 This agreement (“Agreement”) governs your use of this web site and mobile applications operated by My Life at Speed, Inc. (“MLAS”), and the related services (collectively, the “Service”). Your registration, subscription or use of this web site, email or mobile application indicates your acceptance of these terms and conditions.
1.2 MLAS reserves the right, in its discretion, to change or modify all or any part of this Agreement at any time, effective immediately upon notice published on our web site or mobile application. Your continued use of the Service constitutes your binding acceptance of these terms and conditions, including any changes or modifications made by MLAS as permitted above. Please be sure to review this Agreement periodically to ensure familiarity with the most current version. If at any time the terms and conditions of this Agreement are no longer acceptable to you, you should immediately cease all use of the Service.
1.3 The Service is directed to adults and is not directed to children under the age of 13. MLAS complies with the Children’s Online Privacy Protection Act and does not permit registration by and will not knowingly collect personally identifiable information from anyone under age 13. By registering for the Service, you represent and warrant that you are 13 years of age or older.
1.5 You agree to pay applicable Subscription Fees and any other charges incurred in connection with your username and password at the rates in effect when the charges were incurred. If you’ve elected to pay by credit card, we will bill all charges to your credit card upon receipt of subscription form. All fees and charges are nonrefundable.
1.6 If you believe someone has accessed the web site or mobile application using your user name and password without your authorization, you must contact MLAS using the information located under “Contact Us”.
2. Use of Content
2.1 You acknowledge that the Service contains information, software, photographs, audio and video clips, graphics, links and other material of MLAS (collectively, the “Content”) that are protected by copyright, trademark or other proprietary rights of MLAS or third parties. All Content on the Service is copyrighted as a collective work of MLAS pursuant to applicable copyright law.
2.2 Except as expressly permitted in Section 2.3 of this Agreement, you may not modify, publish, transmit, reproduce, create derivative works from, distribute, perform, display, sell, transfer or in any way exploit any of the Content or Material, in whole or in part. Content consisting of downloadable software may not be reverse engineered unless specifically authorized by the owner of the software’s patent and/or copyright. You agree not to circumvent, disable or otherwise interfere with any security related features of the Service or the Content, including features that prevent or restrict use or copying or that enforce limitations on use.
2.3 You may download, copy and make any personal, non-commercial use of the Content and use that is permitted by Sections 107 through 122 of the United States Copyright Act of 1976, as amended (“Copyright Act”) and not prohibited by any section of the Copyright Act or by any other applicable law, rule or regulation; provided, however, that you maintain all copyright and other notices contained in such Content; and provided further that you shall not store electronically any significant portion of any Content.
2.4 The copyright, and other rights, in some of the material appearing on the Site or mobile application may belong to a third party. It is your responsibility to obtain any licenses or permissions that may be required to use such material and you agree to pay any costs or expenses incurred by MLAS which arise as a result of your failure to obtain such licenses and permissions.
2.5 The Service provides general information only and does not constitute legal or other advice. It is your responsibility to check the accuracy or relevant facts and opinions given on the Site or mobile application before entering into any commitment based upon them.
2.6 The names, images and logos identifying MLAS or third parties and their products and services, are the proprietary marks of MLAS, and/or may be the proprietary marks of third parties. Any use made of these marks may be an infringement of rights in those marks and MLAS reserves all rights to enforce such rights that it might have.
2.7 If you believe that your work has been copied and posted on the Service in a way that constitutes copyright or trademark infringement, please notify us in the “Contact Us” sections of the web site with the following information: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or trademark interest; (b) a description of the copyrighted work(s) or trademark(s) that you claim has been infringed; (c) a description of where the material that you claim is infringing is located on the web site or mobile application; (d) your address, telephone number, and email address; (e) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or trademark owner, its agent, or the law; and (f) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or trademark owner or authorized to act on the copyright or trademark owner’s behalf.
2.8 If you object to the publication of any material placed on the Site or mobile application please let MLAS know by calling 720-635-5244 or by sending an appropriately worded email to email@example.com and we will take whatever action we deem appropriate.
3. Submitting Content
3.1 You may submit material for publication on parts of the Site or mobile application. MLAS accepts no liability in respect of any material submitted by users and published by us and we are not responsible for its content and accuracy. If you want to submit material to MLASr for publication on the Site or mobile application, you may do so on the following terms and conditions:
• MLAS may publish and make available to the public by any means any material that you submit, post, upload, email or otherwise transmit to them or to the Site or mobile application at their sole discretion and they shall be entitled to make additions or deletions to any such material prior to publication.
• You hereby grant MLAS a non-exclusive, royalty-free, perpetual and worldwide license to republish any material you submit, post, upload, email or otherwise transmit to them or to the Site or mobile application in any format, including without limitation print and electronic format.
• You hereby waive all of the moral rights that you have under Chapter IV of the Copyright, Design and Patents Act 1988 in respect of any material you submit, post, upload, email or otherwise transmit to MLAS or to the Site or mobile application.
• Publication of any material you submit to us will be at MLAS’s sole discretion. MLAS reserves the right to make additions or deletions to the text or graphics prior to or after publication, to refuse publication.
• You warrant to MLAS that any material you submit to the Site or mobile application is your own original work and that you own the copyright and any other relevant rights.
• You warrant that the material you submit and the language that you use is not obscene, abusive, hateful, offensive, defamatory of any person or otherwise illegal.
• You agree not to post material which is deliberately intended to upset other users, to breach confidence, to compromise privacy or to process personal data in an unauthorized manner.
• You agree not to post material which may encourage criminal conduct or which may give rise to civil liability, or which is otherwise unlawful.
• You agree not to place any links on the Site or mobile application where those links take users to unlawful material or material that contravenes these terms.
• You agree that, except where expressly permitted by MLAS, you will not to place on the Site or mobile application advertisements nor make commercial solicitations nor use the Site or mobile application for any commercial purposes (which would include using the Site or mobile application to promote or encourage the sale of your goods/services).
• You acknowledge that any breach of these warranties may cause MLAS damage or loss and you agree to indemnify MLAS in full and permanently against any third party liabilities, claims, costs, loss or damage we incur as a result of publishing material you submit to us, including consequential losses.
3.2 MLAS shall have the right at any time and for any reason to remove from the pages on the Site or mobile application any material posted, uploaded, emailed or otherwise transmitted by you without giving you any advance notice and MLAS shall not be liable for any losses or damages whatsoever arising from the removal of such material.
3.3 MLAS will not view or edit or pre-screen any contribution that you or anyone else make to the interactive pages of the Site or mobile application and therefore, unless MLAS is specifically notified of the nature of any item of content, MLAS has no liability for having made the Materials available on the Site or mobile application. MLAS shall have the right (but not the obligation) to refuse or remove any Materials that is posted to, or made available on, the forums or the web site or mobile application without the need to give any reasons for doing so.
4. Managing Content
4.1 MLAS reserves the right to delete, move or edit any Content or Material that it may determine, in its sole discretion, violates this Agreement or is otherwise unacceptable.
4.2 MLAS shall have the right, but not the obligation, to correct any errors or omissions in any Content, as it may determine in its sole discretion. Although MLAS reserves the right to correct any Content on the Service, you understand and agree that you nonetheless may be exposed to such Content and that you further waive your right to any damages (from any party) related to such exposure.
5. No Endorsement
5.1 MLAS does not represent or endorse the accuracy or reliability of any Content or Material and you acknowledge that any reliance upon such Content and Material shall be at your sole risk. Any Material placed on any area by users represents the views of the user posting the statement, and does not represent the views of MLAS.
5.2 The Service may contain links to Sites or mobile applications on the Internet which are owned and operated by third parties (the “External Site or mobile applications”). You acknowledge that MLAS is not responsible for the availability of, or the content located on or through, any External Site or mobile application. You should contact the Site or mobile application administrator or webmaster for those External Site or mobile applications if you have any concerns regarding such links or the content located on such External Site or mobile applications.
You agree to indemnify, defend and hold MLAS and its affiliates, and their respective officers, directors, owners, agents, information providers and licensors (collectively, the “MLAS Parties”) harmless from and against any and all claims, liability, losses, damages, costs and expenses (including attorneys’ fees) incurred by any MLAS Party in connection with any Material or with the use or alleged use of any Content or the Service, including any use under your password by any person, whether or not authorized by you, o from your breach or violation of these terms and conditions. MLAS reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with MLAS’s defense of such claim.
MLAS uses “Cookies” to ensure your experience of the site, and our ability to improve it is enhanced. Specifically, the following Cookies are in use:
– Social Media Sharing and Integration (3rd party). MLAS uses Facebook, and Twitter functionality to become a fan of MLAS Social Media Profiles. You can find out more about Facebook’s Cookie use here: http://www.facebook.com/help/?faq=115180708570932 , and Twitter’s here: https://twitter.com/privacy
8. MLAS subscriber lists are stored on a secure InfusionSoft server. MLAS will not sell our email lists and MLAS uses those subscriber lists only for MLAS and approved partners. MLAS follows the CAN SPAM act and on every subscriber email, the recipient has the ability to opt out at any time.
9. Disclaimer of Warranties; Limitation of Liability
9.1 NEITHER MLAS NOR ANY PROVIDER OF THIRD PARTY CONTENT OR THEIR RESPECTIVE AGENTS WARRANTS THAT THE CONTENT OR THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES MLAS, ANY THIRD PARTY CONTENT PROVIDER, OR THEIR RESPECTIVE AGENTS MAKE ANY WARRANTY AS TO THE RESULTS TO BE OBTAINED FROM USE OF THE SERVICE OR THE CONTENT. THE SERVICE AND THE CONTENT ARE DISTRIBUTED ON AN “AS IS, AS AVAILABLE” BASIS. NONE OF MLAS, THIRD PARTY CONTENT PROVIDERS OR THEIR RESPECTIVE AGENTS MAKES ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE SERVICE, ANY CONTENT OR ANY PRODUCTS OR SERVICES SOLD THROUGH THE SERVICE. NEITHER MLAS NOR ANY THIRD PARTY CONTENT PROVIDER WARRANTS THAT ANY FILES AVAILABLE FOR DOWNLOADING THROUGH THE SERVICE WILL BE FREE OF VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES.
9.2 You expressly agree that the entire risk as to the quality and performance of the Service and the accuracy or completeness of the Content is assumed solely by you. You specifically acknowledge that MLAS is not responsible or liable for any unauthorized access to or alteration of your Materials, data or other transmissions entered into through the Service or for any threatening, defamatory, obscene, offensive or illegal Content or for conduct of any other party or for any infringement of another’s rights.
9.4 NEITHER MLAS, ANY THIRD PARTY CONTENT PROVIDER NOR THEIR RESPECTIVE AGENTS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE OR MOBILE APPLICATION, SITE OR MOBILE APPLICATION-RELATED SERVICES, AND/OR HYPERLINKED WEB SITE OR MOBILE APPLICATIONS IS TO STOP USING THE SITE OR MOBILE APPLICATION AND/OR THOSE SERVICES.
9.5 Some states do not allow exclusion of implied warranties or limitation of liability for incidental or consequential damages, so the above limitations or exclusions may not apply to you. In such states, the liability of MLAS, third party content providers and their respective agents shall be limited to the greatest extent permitted by law.
10. Member Disputes
You are solely responsible for your interactions with other Members of the Service. MLAS reserves the right, but has no obligation, to monitor disputes between you and other Members.
11. Special Admonitions for International Use
We control and operate the web site from our offices in the United States of America. We do not represent that materials on the web site are appropriate or available for use in other locations. As a consequence of the global nature of the Internet, you agree to comply with all local rules regarding user conduct on the Internet and acceptable content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
Some of the pages on the Site or mobile application include links to external web site or mobile applications. These links are included to give users the opportunity to access other pages that it is felt may be of assistance to them. Except for MLAS owned links, MLAS is not responsible for the content of these internet Site or mobile applications.
13.1 Some of the pages on the Site or mobile application include advertising banners and other promotional messages that link to other Internet Site or mobile applications. MLAS is not responsible for the content of advertisements, hyperlinks from advertising or the content of other Internet Site or mobile applications.
13.2 Some of the pages on the Site or mobile application include material (including, but not limited to, advertisements) posted by third parties. Individual users and advertisers are solely responsible for the content of advertising and other material which they submit to MLAS and for ensuring that such content complies with all relevant legislation. MLAS accepts no responsibility for the content of material posted by third parties, including, without limitation, any error, omission or inaccuracy therein.
14.1 While efforts have been taken to ensure that the pages on the Site or mobile application are free from viruses, MLAS gives no warranties that they are indeed free from viruses and users are responsible for ensuring that they have installed adequate virus checking software.
14.2 MLAS excludes, in so far as it is legally responsible, all liability and responsibility for any viruses or any other computer code, files or programs designed to interrupt, restrict, destroy, limit the functionality of or compromise the integrity of any computer software or hardware or telecommunications equipment or other material transmitted with or as part of: (a) the pages on the Site or mobile application or any other Internet Site or mobile applications; (b) any material downloaded from the Site or mobile application or any other Internet Site or mobile applications; or (c) Any publication, product or service.
15. Miscellaneous; Jurisdiction of Disputes
This Agreement shall be governed by and construed in accordance with the laws of the State of Washington, without reference to principles of choice of law. You and MLAS each irrevocably consent to the personal jurisdiction of the federal or state courts located in King County, Washington (the “Courts”) with respect to any action, suit or proceeding arising out of or related to this Agreement or to the Service (including without limitation any Content or Material) and waive any objection to venue in any of the Courts for such an action, suit or proceeding (whether based on forum non convenient or otherwise); additionally, you agree that you will not bring any such action, suit or proceeding in any court other than the Courts. This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof, and supersedes all previous written or oral agreements between the parties with respect to such subject matter. If any inconsistency exists between the terms of this Agreement and any additional terms and conditions posted on the Service, such terms shall be interpreted as to eliminate any inconsistency, if possible, and otherwise, the additional terms and conditions shall control. If any provision of this Agreement is held invalid, illegal or unenforceable in any respect, (i) such provision shall be interpreted in such a manner as to preserve, to the maximum extent possible, the intent of the parties, (ii) the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby, and (iii) such decision shall not affect the validity, legality or enforceability of such provision under other circumstances.
16. My Life at Speed, Inc.
My Life at Speed, Inc. is a Washington corporation whose office is at 6515 159th Ave NE, Redmond, WA 98052 USA