Terms of Use Agreement
Updated on 2016-08-12
Welcome to www.annefishbein.com (the “website”). By using this website, you agree to comply with and be bound by the following terms of use. Please review these terms carefully. If you do not agree to these terms, you should not use this website.
1. Agreement. This agreement (the “Agreement” or "Terms of Use") specifies the terms for access to and use of the website and describes the terms and conditions applicable to your access of and use of the website. Anne Fishbein may modify this Agreement at any time upon posting of the modified Agreement on the website. Any such modifications shall be effective immediately. You can view the most recent version of this Agreement at any time at the Terms of Use page on the website. Each use by you shall constitute and be deemed your unconditional acceptance of this Agreement.
2. Privacy. Your visit to the website is also governed by Anne Fishbein’s Privacy Policy. Please review her Privacy Policy, which is incorporated into this Agreement by reference as if it were fully set forth herein.
3. Ownership. All content included on this website is and shall continue to be the property of Anne Fishbein or her licensors, if any, and is protected under applicable intellectual property laws. Any copying, redistribution, use, or publication by you of any such content or any part of the website is prohibited, except as expressly permitted in this Agreement. Under no circumstances will you acquire any ownership rights or other interest in any content by or through your use of this website. The trademarks, service marks, logos, and copyrighted works appearing on this website are the property of Anne Fishbein or the licensor or party that provided such intellectual property to Anne Fishbein. Anne Fishbein and any licensor or party that provides intellectual property to Anne Fishbein retain all rights with respect to any of their respective intellectual property appearing on this website, and no rights in such materials are transferred or assigned to you.
4. Intended Audience. This website is intended for adults only. This website is not intended for any children under the age of 18.
YOU MUST BE AT LEAST 18 YEARS OF AGE TO ACCESS AND USE THIS WEBSITE. IF YOU ARE UNDER THE AGE OF 18, DO NOT USE THIS WEBSITE FOR ANY PURPOSE.
5. Trademarks. “ANNE FISHBEIN” is the trademark of Anne Fishbein. Other product and company names mentioned on this website may be trademarks of their respective owners. You acknowledge Anne Fishbein’s exclusive rights in the ANNE FISHBEIN trademark and service mark.
6. Website Use. Anne Fishbein grants you a limited, revocable, nonexclusive license to use this website solely for your personal and non-commercial use. Except as provided herein, you may not use any website content or service provided by the website for any other purpose, including any commercial purpose, without the prior express written permission of Anne Fishbein. Except as provided herein, you may not modify, copy, distribute, display, send, perform, reproduce, publish, license, create derivative works from, transfer, sell, or otherwise infringe on any intellectual property rights related to any information, content, software, products, or services obtained from or otherwise connected to this website. The use of this website is at the discretion of Anne Fishbein, and Anne Fishbein may terminate your use of this website at any time.
7. Compliance with Laws. You agree to comply with all applicable laws regarding your use of the website. You must abide by all federal, state, and local laws. If you are outside the United States, you must comply with all local laws with respect to your online conduct, as well as the export of data to the United States or to your country of residence. You further agree that information provided by you is truthful and accurate to the best of your knowledge.
8. Indemnification. You agree to indemnify, defend, and hold Anne Fishbein, and her affiliates, licensors, content providers, service providers, employees, agents, and contractors (the “Indemnified Parties”) harmless: (1) from any breach of this Agreement by you; and (2) from and against any claims brought by third parties arising out of your use of any content or information from this website. You agree that the Indemnified Parties shall have no liability in connection with any such breach or unauthorized use, and you agree to indemnify any and all resulting liabilities, claims, loss, damages, judgments, awards, costs, expenses (including without limitation e-discovery expenses and expert witness expenses), and reasonable attorneys’ fees of the Indemnified Parties in connection therewith. The Indemnified Parties shall have the right to choose their own legal counsel and actively participate in their defense. No settlement, if any, shall be reached on behalf of the Indemnified Parties without their prior written consent. Any notice of claims shall be immediately reported to the Indemnified Parties upon receipt.
9. DISCLAIMER. YOU AGREE THAT YOUR USE OF THIS WEBSITE IS AT YOUR SOLE RISK. THE INFORMATION ON THIS WEBSITE IS PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS. ANNE FISHBEIN DISCLAIMS ALL WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO ANY EXPRESS WARRANTIES, STATUTORY WARRANTIES, AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. ANNE FISHBEIN DOES NOT WARRANT THAT ANY FUNCTION OR CONTENT CONTAINED ON THIS WEBSITE OR ANY SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANNE FISHBEIN DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING USE, OR THE RESULT OF USE, OF ANY SERVICE OR CONTENT IN TERMS OF ACCURACY, RELIABILITY, OR OTHERWISE. ANNE FISHBEIN MAKES NO WARRANTIES THAT YOUR USE OF THE CONTENT WILL NOT INFRINGE THE RIGHTS OF OTHERS AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN ANY CONTENT ON THE WEBSITE. YOU ACKNOWLEDGE THAT THE WEBSITE CONTENT MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS, AND ANNE FISHBEIN MAY MAKE CHANGES OR IMPROVEMENTS TO THE WEBSITE AT ANY TIME. NO INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM OR THROUGH THE WEBSITE OR ANNE FISHBEIN SHALL CREATE A WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT. YOUR SOLE AND EXCLUSIVE REMEDY, IF ANY, RELATING TO YOUR USE OF THE WEBSITE SHALL BE TO DISCONTINUE USING THE WEBSITE. YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION IN THE EVENT OF ANY LOSS OR DAMAGE ARISING FROM YOUR IMPROPER USE OF THIS WEBSITE, ANY SERVICE, OR ITS CONTENT.
10. LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES WILL ANNE FISHBEIN, HER AFFILIATES, LICENSORS, CONTENT PROVIDERS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OR CONTRACTORS BE LIABLE OR RESPONSIBLE FOR ANY DIRECT, INDIRECT, ACTUAL, INCIDENTAL, CONSEQUENTIAL (INCLUDING DAMAGES FROM LOSS OF REVENUE, INCOME, OR PROFITS, LOSS OF BUSINESS, LOSS OF DATA, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR SIMILAR DAMAGES, LITIGATION, OR THE LIKE), SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN ANY WAY RELATING TO THE WEBSITE, YOUR USE OF THE WEBSITE, OR THE CONTENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE WEBSITE AND/OR CONTENT IS TO CEASE YOUR USE OF THE WEBSITE.
11. Use of Information. Anne Fishbein reserves the right to and you authorize her to use and assign all information regarding the website uses by you and all information provided by you in any manner consistent with her Privacy Policy. Anne Fishbein further reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process, or governmental request.
12. Copyright Agent. If you believe your work has been copied in a way that constitutes copyright infringement, or if you believe your intellectual property rights have otherwise been violated, please provide a notice containing all of the following information to Anne Fishbein via the contact form on the Contact page of the website:
*An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
*A description of the copyrighted work or other intellectual property interest that you claim has been infringed;
*A description of where the material that you claim is infringing or a violation is located on the website;
*Your address, telephone number, and e-mail address;
*A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner or the owner of the claimed intellectual property interest, its/his/her agent, and/or the law; and
*A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner, the owner of the claimed intellectual property interest, or authorized to act on their behalf.
13. Governing Law; Venue; Actions; Limitations. You agree that the laws of the State of California, without regard to conflicts of laws provisions, will govern this Agreement and any dispute that may arise between you and Anne Fishbein. You agree to personal and exclusive jurisdiction by and venue in the state and federal courts of Los Angeles County, State of California.
14. Severability. If any provision of this Agreement shall be adjudged by any court of competent jurisdiction to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect.
15. Waiver. The failure of Anne Fishbein to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. Any waiver of this Agreement must be in writing and signed by Anne Fishbein.
16. Modification and Termination of the Website. Anne Fishbein reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the website or any service provided by the website (or any part thereof) with or without notice. You agree that Anne Fishbein will not be liable to you or any third party for any modification, suspension, or discontinuance of the website or any service.
17. Relationship of the Parties. Nothing contained in this Agreement or your use of the website shall be construed to constitute either party as a partner, joint venturer, employee, contractor, or agent of the other party, nor shall either party hold itself out as such.
18. Entire Agreement. This Agreement constitutes the entire agreement between you and Anne Fishbein and it governs the terms and conditions of your use of the website, and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and Anne Fishbein with respect to this website. Notwithstanding the foregoing, you may also be subject to additional terms and conditions, posted policies (including but not limited to the Privacy Policy), guidelines, or rules that may apply when you use the website. Anne Fishbein may revise this Agreement at any time by updating this Agreement and posting it on the website. Accordingly, you should visit the website and review these Terms of Use periodically to determine if any changes have been made. Your continued use of this website after any changes have been made signifies and confirms your acceptance of any such changes or amendments.
19. Contact Information. If you have any questions, please contact Anne Fishbein using the contact form on the Contact page.