Disclosures

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Terms of Use

EFFECTIVE AND LAST MODIFIED April 22, 2017

PLEASE READ THIS DOCUMENT CAREFULLY BEFORE ACCESSING OR USING THE WEBSITE. BY ACCESSING OR USING THE WEBSITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE THE DUNNPELLIERMEDIA.COM WEBSITE.

Dunnpelliermedia.com (“Dunn Pellier Media”, “Site”, or “Website”) provides interactive online websites and services to the public subject to these Terms of Use. These Terms of Use, together with our Privacy Policy and any additional terms which might apply to certain products or services (the “Terms of Use” or “User Agreement”), govern your use of any of our websites and your use of any other services we provide, including surveys, newsletters, panels, communities or other services (collectively, our “Service”).

This website is the property of Dunn Pellier Media, Inc. For questions about this website, please contact Nicole Dunn at info@dunnpelliermedia.com

The owner of this website is not compensated to provide opinions on products, services, websites, or other topics. The views and opinions expressed on this website are purely the owner’s. Any product claim, statistic, quote, or other representation about a product or service should be verified with the manufacturer or provider.

Some of the links to products and services on this site are affiliate links. This means we will earn, at no additional cost to you, a commission if you decide to make a purchase through an affiliate link.

DUNNPELLIERMEDIA.COM MAY MODIFY THIS AGREEMENT AT ANY TIME, AND SUCH MODIFICATIONS SHALL BE EFFECTIVE IMMEDIATELY UPON POSTING OF THE MODIFIED AGREEMENT ON THE SITE. YOU AGREE TO REVIEW THE AGREEMENT PERIODICALLY TO BE AWARE OF SUCH MODIFICATIONS AND YOUR CONTINUED ACCESS OR USE OF THE SITE SHALL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE OF THE MODIFIED AGREEMENT.

  1. Copyright, Licenses and Idea Submissions

The entire contents of the Site are protected by United States and international copyright and trademark laws. The owners of the copyrights and trademarks are Dunnpelliermedia.com, its affiliates or other third party licensors.

YOU MAY NOT MODIFY, COPY, REPRODUCE, REPUBLISH, UPLOAD, POST, TRANSMIT, OR DISTRIBUTE, IN ANY MANNER, THE MATERIAL ON THE SITE, INCLUDING TEXT, GRAPHICS, CODE AND/OR SOFTWARE.

You may print and download portions of material from the different areas of the Site solely for your own non-commercial use provided that you agree not to change or delete any copyright or proprietary notices from the materials.

You agree to grant to Dunnpelliermedia.com a non-exclusive, royalty-free, worldwide, perpetual license, with the right to sub-license, to reproduce, distribute, transmit, create derivative works of, publicly display and publicly perform any materials and other information (including, without limitation, ideas contained therein for new or improved products and services) you submit to any public areas of the Site (such as bulletin boards, forums and newsgroups) or by e-mail to Dunnpelliermedia.com by all means and in any media now known or hereafter developed.

You also grant to Dunnpelliermedia.com the right to use your name in connection with the submitted materials and other information as well as in connection with all advertising, marketing and promotional material related thereto. You agree that you shall have no recourse against Nicole Dunn and Dunnpelliermedia.com for any alleged or actual infringement or misappropriation of any proprietary right in your communications to Nicole Dunn and Dunnpelliermedia.com.

TRADEMARKS
Publications, products, content or services referenced herein or on the Site are the exclusive trademarks or service marks of Dunnpelliermedia.com or its affiliates. Other product and company names mentioned in the Site may be the trademarks of their respective owners.

  1. ACCESS

To access or use some content or features of our Website or Service, you may choose to provide us certain information, we may require you to provide certain information, or require that you establish an account with us through registration. Your access to certain content or features may be limited if you are not 18 years of age or older, or the legal age in your jurisdiction to form a legally binding agreement, or for other reasons.

Whenever you submit information to us, you agree to provide true, accurate and complete information and agree to, if the option is available, promptly update the information if there have been changes to the information you provided.

  1. We may also impose restrictions on your ability to establish an account (e.g., age limits, restrict business entities from setting up accounts, limitations on the number of accounts, etc.). When registering an account, you may need to select a username (“ID”) and password. YOU ARE RESPONSIBLE FOR KEEPING YOUR ID AND PASSWORD, AND OTHER ACCOUNT INFORMATION, CONFIDENTIAL AND ARE FULLY RESPONSIBLE FOR ALL ACTIVITIES THAT OCCUR UNDER YOUR ACCOUNT, WHETHER OR NOT YOU AUTHORIZED SUCH ACTIVITIES. You agree to notify us immediately of any breach of security or unauthorized use of your account or ID and password by sending an email tosupport@dunnpelliermedia.com.
  2. Limitation, Suspension Or Termination. We may, in our sole discretion, temporarily or permanently change, limit, suspend or terminate your access to our Website or Service without prior notice. We may do so based on changes to our business practices (e.g., eliminating a Service, etc.), if you violate the letter and spirit of these Terms of Use, or for any other lawful reason. You agree that we are not liable to you or any third party for any such action.
  3. Any limitation, suspension or termination we impose shall not alter your obligations to us under these Terms of Use. The provisions of these Terms of Use which by their nature should survive any such action on our part shall survive including, but not limited to, the rights and licenses that you have granted to us relating to indemnities, releases, disclaimers, limitations on liability, and all of the miscellaneous provisions of these Terms of Use.

Compliance with law. Our Website and Service are provided for your information and personal, non-commercial use only. When using our Website or Service, you agree to comply with these Terms of Use, and all applicable federal, state and local laws.

  1. Except as expressly permitted by these Terms of Use, you may not:
    • use our Website or Service in an unlawful or fraudulent manner or for such purposes, to collect personally identifiable information, or to impersonate other users;
    • modify our copyright/trademark or other proprietary rights notices, or interfere with the security-related features of our Website or Service (e.g., those that prevent or restrict copying the content thereof);
    • use our Website or Service in any way to manipulate or distort, or undermine the integrity and accuracy of, any reviews and ratings, or take any action to interfere with, damage, disrupt any part of our Website or Service;
    • use our Website or Service to send, knowingly receive, upload/post, download, any material which does not comply with our content standards;
    • use our Website or Service to transmit or facilitate the transmission of any unsolicited or unauthorized advertising or promotional material;
    • use our Website or Service to transmit any data, or upload to our Website or Service any data, that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware;
    • decompile, reverse engineer or disassemble any portion of our Website or Service;
    • use network-monitoring software to determine architecture of or extract usage data from our Website or Service; or
    • engage in any conduct that restricts or inhibits any other user from using or enjoying our Website or Service.
  2. You agree to fully cooperate with us to investigate any suspected or actual activity that is in breach of these Terms of Use.
  1. Use of the Site 

You understand that, except for information, products or services clearly identified as being supplied by Dunnpelliermedia.com, Dunnpelliermedia.com does not operate, control or endorse any information, products or services on the Internet in any way. Except for information, products or services expressly identified as belonging to Dunnpelliermedia.com, all other information, products and services offered through the Site or on the Internet generally are offered by third parties, that are not affiliated with Dunnpelliermedia.com

You also understand that Dunnpelliermedia.com cannot and does not guarantee or warrant that files available for downloading through the Site will be free of infection or viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the Site for the reconstruction of any lost data.

YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND THE INTERNET. DUNNPELLIERMEDIA.COM PROVIDES THE SITE AND RELATED INFORMATION “AS IS” AND DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER (INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR NONINFRINGEMENT, OR THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO THE SERVICE, ANY MERCHANDISE INFORMATION OR SERVICE PROVIDED THROUGH THE SERVICE OR ON THE INTERNET GENERALLY, AND DUNNPELLIERMEDIA.COM SHALL NOT BE LIABLE FOR ANY COST OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM ANY SUCH TRANSACTION. IT IS SOLELY YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS AND USEFULNESS OF ALL OPINIONS, ADVICE, SERVICES, MERCHANDISE AND OTHER INFORMATION PROVIDED THROUGH THE SERVICE OR ON THE INTERNET GENERALLY. DUNNPELLIERMEDIA.COM DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SERVICE WILL BE CORRECTED.

YOU UNDERSTAND FURTHER THAT THE PURE NATURE OF THE INTERNET IS SUCH THAT IT CONTAINS UNEDITED MATERIALS SOME OF WHICH ARE SEXUALLY EXPLICIT OR MAY BE OFFENSIVE TO YOU. YOUR ACCESS TO SUCH MATERIALS IS AT YOUR RISK. DUNNPELLIERMEDIA.COM HAS NO CONTROL OVER AND ACCEPTS NO RESPONSIBILITY WHATSOEVER FOR SUCH MATERIALS.

LIMITATION OF LIABILITY

IN NO EVENT WILL DUNNPELLIERMEDIA.COM BE LIABLE FOR (I) ANY INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE, OR ANY INFORMATION, OR TRANSACTIONS PROVIDED ON THE SERVICE, OR DOWNLOADED FROM THE SERVICE, OR ANY DELAY OF SUCH INFORMATION OR SERVICE. EVEN IF BRANDONPUGSLEY.COM OR ITS AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SERVICE AND/OR MATERIALS OR INFORMATION DOWNLOADED THROUGH THE SERVICE. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

Your dealings with online merchants or other third parties via our Website or Service are solely between you and that third party. As such, when you engage in a transaction with a third party, you do so under their terms and policies, not ours. Complaints, questions and claims related to transactions with any third party should be directed to that third party.

Dunnpelliermedia.com makes no representations whatsoever about any other website that you may access through this Site or which may link to this Site. When you access a non-Dunnpelliermedia.com web site, please understand that it is independent from Dunnpelliermedia.com, and that Dunnpelliermedia.com has no control over the content on that web site.

In addition, a link to a Dunnpelliermedia.com web site does not mean that Dunnpelliermedia.com endorses or accepts any responsibility for the content, or the use, of such web site.

  1. Indemnification

You agree to indemnify and hold harmless Dunnpelliermedia.com and its officers, directors, employees, parents, partners, Merchants, successors, agents, distribution partners, affiliates, subsidiaries and their related companies from and against any and all claims, liabilities, losses, damages, obligations, costs and expenses (including reasonable attorneys’ fees and costs) arising out of or related to: (i) your access to or use of our Website or Service; (ii) any actual or alleged violation or breach by you of these Terms of Use; (iii) any actual or alleged breach of any representation, warranty or covenant that you have made to us; or (iv) your acts or omissions. You agree to cooperate fully with us in the defense of any claim that is the subject of your obligations hereunder.

  1. Third Party Rights 

The provisions of paragraphs 2 (Use of the Service), and 3 (Indemnification) are for the benefit of Dunnpelliermedia.com and its officers, directors, employees, agents, licensors, suppliers, and any third party information providers to the Service. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.

  1. Termination

This Agreement may be terminated by Dunnpelliermedia.com without notice at any time for any reason. The provisions of paragraphs 1 (Copyright, Licenses and Idea Submissions), 2 (Use of the Service), 3 (Indemnification), 4 (Third Party Rights) and 6 (Miscellaneous) shall survive any termination of this Agreement.

  1. Miscellaneous

This Agreement shall all be governed and construed in accordance with the laws of The United States of America applicable to agreements made and to be performed in The United States of America. You agree that any legal action or proceeding between Dunnpelliermedia.com and you for any purpose concerning this Agreement or the parties’ obligations hereunder shall be brought exclusively in a federal or state court of competent jurisdiction sitting in and governed by and construed in accordance with the laws of the State of California and any dispute shall be subject to binding arbitration in Los Angeles, CA.

Any cause of action or claim you may have with respect to the Service must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred. Dunnpelliermedia.com’s failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Agreement. Dunnpelliermedia.com may assign its rights and duties under this Agreement to any party at any time without notice to you.

Any rights not expressly granted herein are reserved.

 

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