Effective Date: March 30, 2015
Our desire is for you and other visitors to experience a welcoming environment where all members of our community are respected while using the Site, so we want you to be fully aware of your legal rights and obligations. These Terms are the legally binding terms to govern your use of this Site. Read them carefully before using the Site, because they affect your legal rights and obligations.
You Accept These Terms.
Updates to Terms.
- Please note that these Terms may be revised and reissued, prospectively, by posting updated terms on this Site. You consent and agree to receive notices of updates to these Terms through our posting of updated Terms on the Site. You should visit this page regularly to review the current terms. Your continued use of the Site will be deemed as irrevocable acceptance of any revisions.
This is a general audience Site for adults. We will assume (and by using this Site you warrant that) you have legal capacity to enter into the agreement set out in these Terms (i.e., that you are of suﬃcient age and mental capacity and are otherwise entitled to be legally bound in contract).
The Information You Give Us Must Be Accurate and Truthful
To access this Site or some of the resources it has to offer, you may be asked to provide registration details. It is a condition of use of this Site that all the details you provide be accurate, truthful, current and complete. If we believe the details do not meet these requirements, we have the right to refuse you access to the Site, or any of its resources and to terminate or suspend your account.
Online Privacy Notice.
Your privacy is important to us. To better protect your privacy, we provide a notice explaining our online information practices and the choices you can make about the way your information is collected and used on this Site. Click here to view our Privacy Notice, which forms part of these Terms.
Disclaimer of Warranties.
YOUR USE OF THIS SITE IS AT YOUR OWN RISK. THE SITE AND ALL THE MATERIALS, INFORMATION, SOFTWARE, FACILITIES, SERVICES AND OTHER CONTENT IN THE SITE ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, THE SITE, PURPOSE LINKED CONSULTING, AND ANY SUBSIDIARIES OR AFFILIATED COMPANIES OF PURPOSE LINKED CONSULTING DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. PURPOSE LINKED CONSULTING DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THIS SITE WILL BE AVAILABLE, UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVERS THAT MAKE THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. PUROSE LINKED CONSULTING DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIAL, INFORMATION, SOFTWARE, FACILITIES, SERVICES, OR OTHER CONTENT ON THE SITE OR ANY WEBSITES LINKED TO THE SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. PURPOSE LINKED CONSULTING MAKES NO WARRANTIES THAT YOUR USE OF THE MATERIALS, INFORMATION, SOFTWARE, FACILITIES, SERVICES, OR OTHER CONTENT IN THE SITE OR ANY WEBSITE WILL NOT INFRINGE THE RIGHTS OF OTHERS AND WE ASSUME NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH MATERIALS, INFORMATION, SOFTWARE, FACILITIES, SERVICES, OR OTHER CONTENT OF THE SITE OR ANY OTHER WEBSITE. IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE ABOVE IMPLIED WARRANTIES TO APPLY TO YOU, THE ABOVE EXCLUSIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.
Binding Arbitration of All Disputes; No Class Relief.
- U.S. Residents: To the fullest extent permissible by law, with the exception of disputes pertaining to Purpose Linked Consulting’s intellectual property rights and certain statutory claims that, pursuant to law, are not arbitrable, any dispute of any kind between you and Purpose Linked Consulting arising under these Terms shall be resolved through binding arbitration on an individual basis with no class relief. The arbitrator shall be a retired judge or justice of any Virginia state or federal court with substantial experience in the internet industry and shall follow Virginia law in adjudicating the dispute, except that this Section 8(a) shall be construed as a “written agreement to arbitrate” pursuant to the Federal Arbitration Act (“FAA”). You and we agree that we intend that this Section 8(a) satisﬁes the “writing” requirement of the FAA. The hearing shall be conducted in the county that encompasses the billing address you have provided to Purpose Linked Consulting. For any claim in which you seek U.S. $10,000.00 or less, you shall have the choice as to whether the hearing is conducted in person, by telephone, or instead the arbitrator may decide the dispute without a hearing. For those claims that the arbitrator determines are not frivolous, Purpose Linked Consulting shall pay the costs and fees of the arbitrator. Purpose Linked Consulting agrees that it will not seek reimbursement from you for its costs and fees incurred by it in the arbitration. AGREEMENT TO THESE TERMS CONSTITUTES AN AGREEMENT TO PURSUE YOUR CLAIM ON AN INDIVIDUAL BASIS AND A WAIVER OF THE ABILITY TO PURSUE YOUR CLAIM IN A CLASS ACTION.
- Non-U.S. Residents: If any controversy, allegation, or claim (including any non- contractual claim) arises out of or relates to the Site or Terms of Service, then you and we agree to send a written notice to the other providing a reasonable description of the Section 8(b) Dispute, along with a proposed resolution of it. Our notice to you will be sent to you based on the most recent contact information that you provide us. But if no such information exists or if such information is not current, then we have no obligation under this Section 8(b). Your notice to us must be sent to us at email@example.com . For a period of sixty (60) days from the date of receipt of notice from the other party, Purpose Linked Consulting (PLC) and you will engage in a dialogue in order to attempt to resolve the Section 8(b) Dispute, though nothing will require either you or PLC to resolve the Section 8(b) Dispute on terms which either you or PLC, in each of our sole discretion, are uncomfortable with. Nothing in this Section will prevent a party from pursuing their claims in Court or another complaint process.
Trademarks and Copyrights.
This Site and materials incorporated by PURPOSE LINKED CONSULTING (PLC) on this Site (“Material”) are protected by copyrights, patents, trade secrets or other proprietary rights (“Copyrights”). Some of the characters, logos, or other images incorporated by PLC on this Site are also protected as registered or unregistered trademarks, trade names, and/or service marks owned by PLC or others (“Trademarks”). PLC respects the intellectual property rights of others and asks users of this Site to do the same.
Your Use of Material.
Your right to make use of this Site and any Material or other content appearing on it is subject to your compliance with these Terms. Modiﬁcation or use of the Material or any other content on this Site for any purpose not permitted by these Terms may be a violation of the Copyrights and/or Trademarks protected by law and these Terms and is prohibited.
You may access and display Material and all other content displayed on this Site for non- commercial, personal, entertainment use on a single device (e.g., computer, tablet or mobile) only. The Material and all other content on this Site may not otherwise be copied, reproduced, republished, uploaded, posted, transmitted, distributed, or used in any way unless speciﬁcally authorized by Purpose Linked Consulting. Any authorization to copy Material granted by Purpose Linked Consulting in any part of this Site for any reason is restricted to making a single copy for non-commercial, personal, entertainment use on a single device only, and is subject to your keeping intact all copyright and other proprietary notices. Using any Material on any other website or networked computer environment is prohibited. Also, decompiling, reverse engineering, disassembling, or otherwise reducing the code used in any software on this Site or related sites into a readable form in order to examine the construction of such software and/or to copy or create other products based (in whole or in part) on such software, is prohibited.
THE MATERIALS, INFORMATION AND OPINIONS INCLUDED AND/OR EXPRESSED IN OR ON BULLETIN BOARDS, COMMENT SECTIONS, COMMUNITY PAGES, OR OTHER FORUMS ON THIS SITE (“FORUMS”) ARE NOT NECESSARILY THOSE OF PURPOSE LINKED CONSULTING OR CONTENT PROVIDERS. PURPOSE LINKED CONSULTING DOES NOT UNDERTAKE TO MONITOR OR REVIEW FORUMS, AND THE CONTENT OF FORUMS IS NOT THE RESPONSIBILITY OF PURPOSE LINKED CONSULTING. PURPOSE LINKED CONSULTING MAY REMOVE OR MODIFY ANY CONTENT WITHOUT NOTICE OR LIABILITY AT ANY TIME IN PURPOSE LINKED CONSULTING ‘S SOLE DISCRETION. ANY USE OF THE FORUMS WILL BE AT YOUR OWN RISK AND WILL BE SUBJECT TO THE DISCLAIMERS AND LIMITATIONS ON LIABILITY SET OUT ABOVE.
From time to time, areas on this Site may expressly request submissions of concepts, stories, or other potential content from you (“Invited Submissions”). Where this is the case, please carefully read any speciﬁc rules or other terms and conditions which appear elsewhere on this Site to govern those submissions (“Additional Terms”), as they will affect your legal rights. If no Additional Terms govern those submissions, then these Terms will apply in full to any Invited Submissions you make. IN ANY EVENT, ANY MATERIAL YOU SEND TO US WILL NOT BE TREATED AS CONFIDENTIAL. Regardless of any industry custom or practice, we will not pay you for the use of any content that you submit to the Site.
Our Use of Content.
Purpose Linked Consulting will consider anything you provide to Purpose Linked Consulting and/or contribute to this Site as available for our use free of any obligations to you (including any payment), except where Invited Submissions are expressly governed by Additional Terms appearing elsewhere on this Site in which event those Additional Terms will determine how we will treat your Invited Submissions. Under no circumstances will we pay you for the use of your ideas or submissions.
Reviews, responses, proﬁle entries, posts, or questions may not be able to be deleted once uploaded. For some of our features, other members may be able to request email notiﬁcations of your new public content or publish their own comments to your comments. We may use this public content to develop aggregate ratings, personalize site views, market products, or identify or feature popular members. By posting or uploading any content to this Site, including posts, responses, and/or providing any communication or material to Purpose Linked Consulting (“User Content”), you automatically and irrevocably:
- Appoint PURPOSE LINKED CONSULTING as your agent with full power to enter into any document and/or do any act PURPOSE LINKED CONSULTING may consider appropriate to conﬁrm the grant and assignment, consent and waiver set out above;
- Retain ownership of your User Content, and grant and assign to PURPOSE LINKED CONSULTING a royalty-free, perpetual, non-exclusive, unrestricted, worldwide license to any and all rights in the User Content including without limitation all copyright, together with all consents (if any) necessary to enable its reproduction, distribution, modiﬁcation, publishing, and/or other exploitation by PURPOSE LINKED CONSULTING and/or by any person authorized by PURPOSE LINKED CONSULTING, by any means and in all media now known or hereafter devised, without payment or other reference to you or any other person, and to advertise and promote such exploitation, for the full period of all such rights (together with any extensions and renewals) and insofar as possible in perpetuity;
- Waive all moral rights in the User Content which may be available to you in any part of the world and conﬁrm that no such rights have been asserted;
- Warrant that you are the owner of the User Content and entitled to enter into these Terms;
- Conﬁrm that no such User Content will be subject to any obligation, of conﬁdence or otherwise, to you or any other person and that PURPOSE LINKED CONSULTING shall not be liable for any use or disclosure of such User Content.
Product Specifications; Pricing; Typographical Errors.
We do our best to describe every product or service offered on this Site as accurately as possible. However, we are human, and therefore we do not warrant that product speciﬁcations, pricing, or other content on the Site is complete, accurate, reliable, current, or error-free. In the event of any errors relating to the pricing or speciﬁcations, PURPOSE LINKED CONSULTING shall have the right to refuse or cancel any orders in its sole discretion. If we charged your credit card or other account prior to cancellation, we will issue a credit to your account in the amount of the charge. Additional Terms may apply. If a product you purchased from PURPOSE LINKED CONSULTING is not as described, your sole remedy is to return it in unused condition, complete and undamaged, in the original packaging.
Seller; Risk of Loss.
PURPOSE LINKED CONSULTING is or may be the seller of various goods and services on the Site. All items purchased from the Site are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon delivery to the carrier.
Responsible Use of Site.
Please act responsibly when using this Site. You may only use this Site and its contents for lawful purposes and in accordance with applicable law and you are prohibited from storing, distributing, or transmitting any unlawful material through this Site. You may not collect or store personal information regarding other users. You recognize that storing, distributing or transmitting unlawful material could expose you to criminal and/or civil liability. You agree that if a third-party claims that material you have contributed to the Site is unlawful, you will bear the burden of establishing that it is lawful. You understand and agree that all materials publicly posted or privately transmitted on or through this Site are the sole responsibility of the sender, not PURPOSE LINKED CONSULTING, and that you are responsible for all material you upload, publicly post or otherwise transmit to or through this Site.
As a user of the Site, you agree that the Sandbox Rules are there to help you understand the conduct that is expected of PURPOSE LINKED CONSULTING/ MYPASSIONALITY.COM users who participate in Forums, including any social networking opportunities on the Site. In addition to the Sandbox Rules, we ask that your User Content relate to the content on the Site and should be intended to add to the discussion and community on the Site. It should not include irrelevant topics or postings. Your participation in the Forums is subject to the Terms, including the Sandbox Rules and any Additional Terms. We reserve the right, in our sole discretion, to monitor and screen all User Content submitted to the Site and may bar the posting or remove any User Content that, in our sole discretion, violates these Terms, including the Sandbox Rules or any Additional Terms, or that we otherwise ﬁnd objectionable. In addition, you are prohibited from removing any sponsorship banners or other material inserted by PURPOSE LINKED CONSULTING anywhere on this Site (e.g., on any web space made available for your use).
If you have a dispute with one or more users (including merchants), you release us (and our parent companies, aﬃliates and subsidiaries, and their respective oﬃcers, directors, employees, and agents) from claims, demands, liabilities, costs, or expenses and damages (actual and consequential of every kind and nature, known and unknown, arising out of or in any way connected with such disputes). In entering into this release, you expressly waive any protections (whether statutory or otherwise) to the extent permitted by applicable law that would otherwise limit the coverage of this release to include only those claims which you may know or suspect to exist in your favor at the time of agreeing to this release.
You agree to indemnify and hold harmless PURPOSE LINKED CONSULTING and its oﬃcers, directors, employees, agents, distributors, and aﬃliates from and against any and all claims, demands, liabilities, costs or expenses, including reasonable attorney’s fees, resulting from your breach of these Terms, including any of the foregoing provisions, representations or warranties, from your placement or transmission of any content onto PURPOSE LINKED CONSULTING ‘s servers and/or from any and all use of your account.
Without limitation, you agree not to send, create, or reply to so called “mailbombs” (i.e., emailing copies of a single message to many users, or sending large or multiple ﬁles or messages to a single user with malicious intent) or engage in “spamming” (i.e., unsolicited emailing for business or other purposes) or undertake any other activity which may adversely affect the operation or enjoyment of this Site by any other person, including placing malware on the Site.
You may not reproduce, sell, resell, or otherwise exploit any resource, or access to any resource, contained on this Site.
Any usernames and passwords used for this Site are for individual use only. You shall be responsible for the security of your username and password (if any). PURPOSE LINKED CONSULTING shall be entitled to monitor your username and password and, at its discretion, require you to change it. If you use a username and password that PURPOSE LINKED CONSULTING considers insecure, PURPOSE LINKED CONSULTING will be entitled to require this to be changed and/or terminate your account.
Violation of Security Systems.
You are prohibited from using any services or facilities provided in connection with this Site to compromise security or tamper with system resources and/or accounts. The use or distribution of tools designed for compromising security (e.g. password guessing programs, cracking tools, malware, or network probing tools) is strictly prohibited. If you become involved in any violation of system security, PURPOSE LINKED CONSULTING reserves the right to release your details to system administrators at other sites, law enforcement and/or governmental authorities in order to assist them in resolving security incidents.
PURPOSE LINKED CONSULTING reserves the right to investigate suspected violations of these Terms, including without limitation, any violation arising from any submission, posting or emails you make or send to any Forum. PURPOSE LINKED CONSULTING may seek to gather information from the user who is suspected of violating these Terms and from any other user. PURPOSE LINKED CONSULTING may suspend any users whose conduct or postings are under investigation and may remove such material from its servers as it deems appropriate and without notice. If PURPOSE LINKED CONSULTING believes, in its sole discretion, that a violation of these Terms has occurred, it may edit or modify any submission, posting or emails, remove the material permanently, cancel postings, warn users, suspend users and passwords, terminate accounts, or take other corrective action it deems appropriate. PURPOSE LINKED CONSULTING will fully cooperate with any law enforcement authorities or court order requesting or directing PURPOSE LINKED CONSULTING to disclose the identity of anyone posting any emails, or publishing or otherwise making available any materials that are believed to violate these Terms. BY ACCEPTING THIS AGREEMENT YOU WAIVE AND HOLD HARMLESS ALL MEMBERS OF PURPOSE LINKED CONSULTING FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY MEMBER OF PURPOSE LINKED CONSULTING DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUNCE OF INVESTIGATIONS BY EITHER A MEMBER OF PURPOSE LINKED CONSULTING OR LAW ENFORCEMENT AUTHORITIES.
In order to use this Site, you must obtain access to the World Wide Web and possibly pay any service fee associated with that access. You will need to provide all equipment necessary to connect to the Site on the World Wide Web (including a computer, modem, mobile device, tablet, and/or other access devices).
Reservation of Rights.
PURPOSE LINKED CONSULTING reserves the right to modify or discontinue, temporarily or permanently, all or any part of this Site and/or any software, facilities, and services on this Site, with or without notice and/or to establish general guidelines and limitations on their use.
PURPOSE LINKED CONSULTING makes no representation that Materials or other content on the Site are appropriate or available for use outside the United States, its territories, possessions, and protectorates. If you choose to access the Site from other locations, you do so on your own initiative and at your own risk.
You are responsible for complying with local laws, if and to the extent local laws are applicable. You speciﬁcally agree to comply with all applicable laws concerning the transmission of technical data exported from the United States or the country you reside in.
This Site may link you to other sites on the Internet. These sites may contain information or material that some people may ﬁnd inappropriate or offensive. These other sites are not under the control of PURPOSE LINKED CONSULTING, and you acknowledge that (whether or not such sites are aﬃliated in any way with PURPOSE LINKED CONSULTING) PURPOSE LINKED CONSULTING is 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 on this Site does not imply endorsement of any site by PURPOSE LINKED CONSULTING or any association with its operators.
PURPOSE LINKED CONSULTING cannot ensure that you will be satisﬁed with any products or services that you purchase from any third-party site that links to or from PURPOSE LINKED CONSULTING since the third-party sites are owned and operated by independent retailers. PURPOSE LINKED CONSULTING does not endorse any of the merchandise, nor has PURPOSE LINKED CONSULTING taken any steps to conﬁrm the accuracy or reliability of any of the information contained on such third-party sites. PURPOSE LINKED CONSULTING does not make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give any third-party, and you irrevocably waive any claim against us with respect to such sites. We strongly encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any online transaction with any of these third-parties.
Proprietary Online Services.
Any area of this Site that is accessed through any proprietary online service is subject to the rules, policies and guidelines of such proprietary online service.
The Materials and all other content in this Site are presented for the purpose of providing information regarding online television programming, products or services available in the United States and elsewhere.
These Terms shall be governed by, construed and enforced in accordance with the laws of the Commonwealth of Virginia, as they are applied to agreements entered into and to be performed entirely within Virginia.
This Site is controlled and operated by PURPOSE LINKED CONSULTING. Please forward any comments or complaints about the Site to firstname.lastname@example.org
If any provision of these Terms are adjudged, by written decision, to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between you and PURPOSE LINKED CONSULTING relating to the matters contained here and the Site.