1. Acknowledgment and Acceptance of Terms of Service
Welcome to BrianDStephens.com (the “Site”) that is operated by Laksya, Inc. (the “Company” also referred to as “we”, “us”, or “our”). All the services (the “Services”) offered at the Site are provided to you only on the terms and conditions described in these Terms of Service (the “Agreement”). The term “you” or “user” refers to all individuals and entities accessing this Site for any reason.
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence.
Unless otherwise expressly noted, all materials without limitation including all images, illustrations, designs, icons, photographs, software, video clips, and written and other materials that are part of the Site, including without limitation the Services, are protected by copyright, trademarks, trade secret and patent rights, trade dress and/or other intellectual properties owned by or licensed to the Company. Other product and company names mentioned on the Site may be trademarks of their respective owners.
You agree not to use any robot, spider or other automatic device, nor may you use any process to monitor materials available through the Site without our express authorization. You agree not to derive or attempt to derive any source code, source files or structure of all or any portion of the Site contents by reverse engineering, disassembly, decompiling or otherwise. Further, you may not use the Site in a manner that violates any state or federal law regulating email, facsimile transmissions or telephone solicitations; nor export or re-export the Site or any portion thereof, or any software available on or through the Site, in violation of the export control laws or regulations of the United States.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
3. License to Us
By submitting content to any public or non-public area of the Site, including message boards, forums, contests and chat rooms, you grant the Company and its affiliates the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, communicate to the public, perform and display the content (in whole or in part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed, for the full term of any rights that may exist in such content, and the right to license others to do the same. You also permit any user to access, display, view, store and reproduce such content for personal use or for the organization’s internal use for the purposes described on the Site. Subject to the foregoing, the copyright owner of such content placed on the Site retains any and all rights that may exist in such content.
The Company may from time to time change the terms and conditions and/or rules that govern, without limitation, your receipt or use of the Services and/or use of the Site. You agree that the Company shall not be liable to you or any third party for any modification, suspension or discontinuance of any of the Services, any document, information or other content on the Site. Such changed terms shall be effective immediately upon posting to the web site. Any use of the program and/or the Site by you after such notice shall be deemed to constitute acceptance by you of the changed terms.
5. Accuracy, Completeness, and Timeliness of Information
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
6. Products or Services
We reserve the right to refuse service to anyone for any reason at any time.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations.
Prices for our services and products are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
There shall be no refunds for products or services after they are purchased.
8. Third-Party Links
Certain content, products and services available via our Service may include materials from third parties. Third-party links on this site may direct you to third-party websites that are not affiliated with us. The existence of a link to a third party’s site does not constitute an endorsement or recommendation by the Company. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
9. Personal Information
When you register for the Site, you will be asked to provide the Company with certain information including, without limitation, a valid email address (your “Information”). You represent and warrant that all Information provided by you is true and accurate.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is encrypted during transfer over networks.
You will access your account on the Site by means of a protected Login ID/Password that you will select. It is your responsibility to guard this information and keep it confidential. Therefore, you authorize the Company to treat any resulting transactions, obligations or liabilities as if you used the Services yourself.
11. Errors, Inaccuracies, and Omissions
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
12. Lawful Use and Purpose
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful or unauthorized purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances (including but not limited to copyright laws); (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit worms, viruses, or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet.
Your use of the Services are made available for your personal non-commercial use only. You may not use the Program to sell a product or service or to increase traffic to your website for commercial purposes, to advertise or perform any commercial solicitation, to become users, members or customers of other services. You may not “meta-search” the Site.
You are solely responsible for all User Content that you upload, post, email, transmit or otherwise make available on or through the Services (collectively, “Post”). “User Content” means User-Posted content or information of any type or medium, including but not limited to: letters, emails or other messages; other forms of communication through the Services; personal User information; board posts; reader reviews; blogs, data, notes and testimonials; poll votes; images; audio or video files; and software. You may Post only User Content which you own, have created or which you have clear permission to Post. You acknowledge and agree that the Company does not endorse any User Content and is not responsible or liable for any User Content, even though it may be unlawful, harassing, libelous, privacy invading, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable, or may infringe upon the intellectual property or other rights of another.
You acknowledge that Company does not pre-screen User Content, and has no obligation to do so, but that the Company and its designees will have the right (but not the obligation) in their sole discretion to refuse, edit, move or remove any User Content that is posted on or through the Service.
13. Disclaimer of Warranties
All information on the site is subject to change without notice. The Company does not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure, error-free, or virus-free. You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
The Company does not warrant or represent the use of the contents of this site in terms of their correctness, accuracy, reliability, or otherwise. Nothing on the site intended to be construed as medical advice; users should seek the advice of a qualified medical practitioner before engaging in any health-related regimen. All services provided by the company through the program and on the site are provided “as is” to the maximum extent possible by law. The company disclaims all warranties express or implied, including the implied warranty of merchantability and fitness for a particular purpose and any warranty that the services supplied are of a reasonably acceptable quality.
The information and services on this site is not to be perceived as or relied upon in any way as medical advice or mental health advice. It is not intended to be a substitute for professional medical advice, diagnosis or treatment that can be provided by your own physician, nurse practitioner, physician assistant, therapist, counselor, mental health practitioner, licensed dietitian or nutritionist, member of the clergy, or any other licensed or registered health care professional.
The information and services on this site should not to be perceived or relied upon in any way as business, financial, or legal advice. It is not intended to be a substitute for professional advice that can be provided by your own accountant, lawyer, or financial advisor.
14. Limitation of Liability
You expressly agree that your use of, or inability to use, the Service is at your sole risk. In no case shall the company, our owners, directors, officers, employees, affiliates, agents, contractors, independent contractors, suppliers, or service providers be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the Service or any products procured using the Service, or for any other claim related in any way to your use of the Service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility.
Notwithstanding anything to the contrary contained herein, our liability to you for any cause whatsoever and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to us.
You agree to indemnify, defend and hold harmless the Company and our parent, subsidiaries, affiliates, partners, owners, officers, directors, agents, contractors, service providers, subcontractors, suppliers, independent contractors, and employees harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to any violation by you of this Agreement including, without limitation, any errors, inaccuracies, misrepresentations or defects in any materials or information submitted by you, or your violation of any law, or the rights of a third-party.
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this Agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
18. Entire Agreement
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
19. Applicable Law and Venue
These Site Terms and your use of the Site shall be governed by and construed in accordance with the laws of the State of California, applicable to agreements made and to be entirely performed within the State of California, without resort to its conflict of law provisions. Thus, you agree and acknowledge that your use of any and all Services, the Program and the Site shall be deemed to have occurred and taken place solely in the State of California.
Any claim, dispute, or controversy whether in contract, tort, pursuant to statue or regulation or otherwise, whether preexisting, present or future, arising out of or relating to this Agreement will be referred to and determined by arbitration to the exclusion of the courts. You agree to waive any right you may have to commence or participate in any class action against us related to any claim and, where applicable, you also agree to opt out of any class action proceeding against us. Should you believe that you have a claim, you must give written notice to the Company of your intention to arbitrate, and similarly, the Company will do the same with you. The arbitration shall be pursuant to the laws and rules relating to commercial arbitration in the State of California.
21. Changes to Terms of Service
Any new features or tools which are added to the site shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time at this page. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
22. Contact Information
Questions about the Terms of Service should be sent to us at email@example.com.