Last updated: Decemeber 12, 2024
Agreement to our legal terms
This site, https://www.inspireandwander.com, operates under the name Inspire and Wander (“our”, “us”, “me”, “I” or “we”). You can contact us by email at ann.inspireandwander@gmail.com.
We operate the website InspireandWander.com (the “Site”), as well as any other related products and services that refer or link to these legal terms (the “Legal Terms”) (collectively, the “Services”).
The Site is a blogging website dedicated to sharing personal experiences and opinions on personal growth, self-improvement and travel meant for entertainment purposes only. Opinions expressed on the Site are my own and not to be taken as, or a replacement of, professional medical, legal or mental health advice.
These Legal Terms constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and InspireadnWander.com, concerning your access to and use of the Services. You agree that by accessing the Site and Services, you have read, understood, and agreed to be bound by all of these Legal Terms. IF YOU DO NOT AGREE WITH ALL OF THESE LEGAL TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICES AND MUST DISCONTINUE USE IMMEDIATELY.
Supplemental terms and conditions or documents that may be posted on the Services from time to time are hereby expressly incorporated herein by reference. We reserve the right , in our sole discretion, to make changes or modifications to these Legal Terms from time to time. We will alert you about any changes by updating the “Last updated” date clearly noted at the top of these Legal Terms, and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Legal Terms to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Legal Terms by your continued use of the Site and Services after the date such revised Legal Terms are posted.
The Services are intended for users who are at least 18 years of age. All users who are minors in the jurisdiction in which they reside (generally under the age of 18) must have the permission of, and be directly supervised by, their parent or guardian to use the Services. If you are a minor, have your parent or legal guardian read and agree to these Legal Terms prior to you using the Site and Services.
We recommend that you print a copy of these Legal Terms for your records.
Our Services
The information provided when using the Site and Services is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or user would be contrary to law or regulation or which would be subject to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Site and Services from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extend local laws are applicable.
The Site and Services are not tailored to comply with industry-specific regulations (Health Insurance Portability and Accountability Act (HIPAA), Federal Information Security Management Act (FISMA), etc.), so if your interactions would be subjected to such laws, you may not use the Services. You may not use the Site and Services in a way that would violate the Gramm-Leach-Billey Act (GLBA).
Intellectual Property Rights
We are the owner or the licensee of all intellectual property rights in our Site and Services, including all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics in the Site and Services (collectively, the “Content”), as well as the trademarks, service marks, and logos contained therein, relating to InspireandWander.com (the “Marks”).
Our Content and Marks are protected by copyright and trademark laws (and various other intellectual property rights and unfair competition laws) and treaties in the United States and around the world.
The Content and Marks are provided in and through the Site and Services “AS IS” for your personal, non-commercial use only.
This Site and Services are not authorized or endorsed by, or in any way officially connected with, The Walt Disney Company, Disney Enterprises, Inc, or any of their affiliates. All trademarks, service marks, and trade names are proprietary to Disney Enterprises, Inc. and its subsidiary, affiliated and related companies, as the case may be. For official, current Disney information, visit Disney.com.
Images used on the site will be labeled within the image metaproperties for the image owner. Images may or may not be owned by InspireandWander.com and should not be copied, replicated or used without express prior written permission of the listed owner.
Your Use of Our Services
Subject to your compliance with these Legal Terms, including the “PROHIBITED ACTIVITEIS” section below, we grant you a non-exclusive, non-transferrable, revocable license to:
- Access the Site and Services; and
- Download or print a copy of any portion of the Content to which you have properly gained access;
- Solely for your own personal entertainment and non-commercial use.
Except as set out int this section or elsewhere in our Legal Terms, no part of the Services and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purposed whatsoever, without our express prior written permission.
If you wish to make any use of the Site and Services, Content, or Marks other than as set out in this section or elsewhere in our Legal Terms, please address your request to: ann.inspireandwander@gmail.com. If we ever grant you the permission to post, reproduce, or publicly display any part of our Site and Services, Content or Marks you must identify us as the owners or licensors of the Site and Services, Content, or Marks and ensure that any copyright or proprietary notice appears or is visible on posting, reproducing, or displaying our Content.
We reserve all rights not expressly granted to you in and to the Site, Services, Content, and Marks.
Any breech of these Intellectual Property Rights will constitute a material breach of our Legal Terms and your right to use our Site and Services will terminate immediately.
Your Submissions and Contributions
Please review this section and the “PROHIBITED ACTIVITIES” section carefully prior to using our Site and Services to understand the (a) rights you give us and (b) obligations you have when you post or upload any content through the Site and Services.
Submissions: By directly sending us any question, comment, suggestion, idea, feedback, review, or other information about the Site and Services (“Submissions”), you agree to assign us all intellectual property rights in such Submission. You agree that we shall own this Submission and be entitled to its unrestricted use and dissemination for any lawful purpose, commercial or otherwise, without acknowledgement or compensation to you.
Contributions: The Site and Services my invite you to contribute to, or participate in comments, feedback or reviews on forms, comment functions, via contact form, or other functionality during which you may create, submit, post, display, transmit, publish, distribute, or broadcast content and materials to us through the Site and Services, including but not limited to text, writings, video, audio, photographs, music, graphics, comments, reviews, rating suggestions, personal information, or other materials (“Contributions”). Any Submissions that is publicly posted shall be treated as a Contribution.
You understand that Contributions may be viewable by other users of the Site and Services and possibly through third-party websites.
When you post Contributions, you grant us a license (including use of your name, trademarks and logo); By posting any Contributions, you grant us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and license to: use, copy, reproduce, distribute, sell, resell, publish, broadcast, retitle, store, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part), and exploit your Contributions (including, without limitation, your image, name, and voice) for any purpose, commercial, advertising, or otherwise, to prepare derivative works of, or incorporate into other works, your Contributions, and to sublicense the licenses granted in this section. Our use and distribution may occur in any media formats and through any media channels.
The license includes our use of your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names, logos, and personal and commercial images you provide to us.
You are responsible for what you post or upload: By sending us Submissions and/or posting Contributions through any part of the Site and Services or making Contributions accessible through the Services by linking your account through the Services to any of your social networking accounts, you:
- Confirm that you have read and agree with our “PROHIBITED ACTIVITIES” and will not post, send, publish, upload, or transmit through the Site or Services and Submission nor post any Contribution that is illegal, harassing, hateful, harmful, defamatory, obscene, bullying, abusing, discriminatory, threatening to any person or group, sexually explicit, false, inaccurate, deceitful, or misleading;
- To the extent permissible by applicable law, waive any and all moral rights to any such Submission and/or Contribution;
- Warrant that any such Submission and/or Contribution are original to you or that you have the necessary rights and licenses to submit such Submissions and/Contributions and that you have full authority to grant us the above-mentioned rights in relation to your Submissions and/or Contributions; and
- Warrant and represent that your Submissions and/or Contributions do not constitute confidential information.
You are solely responsible for your Submissions and/or Contributions and you expressly agree to reimburse us for any and all losses that we may suffer because of your breach of (a) this section, (b) any third party’s intellectual property rights, or (c) applicable law. We may remove or edit your Content: Although we have no obligation to monitor any Contributions, we shall have the right to remove or edit any Contributions at any time, without notice, if in our reasonable opinion we consider such Contributions harmful or in breach with these Legal Terms. If we remove or edit any such Contributions, we may also suspend or disable your account and report illegal activity to authorities.
Copyright Infringements
We respect the intellectual property rights of others. If you believe that any material available on or through the Services infringes upon any copyright you own or control, please immediately notify us using the contact information provided below (a “Notification”). A copy of your Notification will be sent to the person who posted or stored the material addressed in the Notification. Please be advised that pursuant to applicable law you may be held liable for damages if you make material misrepresentations in a Notification. Thus, if you are not sure that material located on or linked to by the Site or Services infringes on your copyright, you should consider first contacting an attorney.
Use Representations
By using the Site and Services, you represent and warrant that: (1) you have the legal capacity and you agree to comply with these Legal Terms; (2) you are not under the age of 18; (3) you are a not a minor in the jurisdiction in which you reside, or if a minor, you have received parental permission to use the Site and Services; (4) you will not access the Site and Services through automated or non-human means, whether through a bot, script or otherwise; (5) you will not use the Site or Services for any illegal or unauthorized purpose; and (6) your use of the Site and Services will not violate any applicable laws or regulation.
If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site and Services (or any portion thereof).
Products
All products are subject to availability. We reserve the right to revise or discontinue any products at any time for any reason. Prices for all products are subject to change at any time without notice.
Purchases and Payment
You agree to provide current, complete, and accurate purchase and account information for all purchases made via the Services, including a third-party vendor. You further agree to promptly update account and payment information, including email address, payment method and payment card expiration date, so that we can complete your transactions and contact you as needed. Sales tax will be added to the price of purchases, along with any third-party transaction charges, as deemed and required by us. We may change prices at any time. All payments shall be in US dollars.
You agree to pay all charges at the prices then in effect for your purchases and any applicable fees, shipping fees, and you authorize us to charge your chosen payment provider for any such amounts upon placing your order. We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment.
We reserve the right to refuse any order placed through the Site and Services, or third-party vendor. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same payment method, and/or orders that use the same billing or shipping address. We reserve the right to limit or prohibit orders that, in our sole judgement, appear to be placed by dealers, resellers, bots, or distributors.
Refund Policy
All sales are final. No refund will be issued and products will be sold with Content relevant at the time of sale.
Prohibited Activities
You may not access or use the Site and Services for any purpose other than that for which we make the Services available, that is, for entertainment purposes only. The Site and Services may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved of by us.
As a user of the Site and Services, you agree not to:
- Systematically retrieve data or other content from the Site and Services to create or compile, directly or indirectly, a collection, compilation or database, or directory without written permission from us.
- Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
- Circumvent, disable, or otherwise interfere with the security-related features of the Site and Services, including features that prevent or restrict the use of copying of any Content or enforce limitations on the use of the Site and Services and/or Content contained therein.
- Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site and Services.
- Use any information obtained from the Site and Services in order to harass, abuse, or harm another person.
- Make improper use of our support services or submit false reports of abuse or misconduct.
- Use the Site and Services in a manner inconsistent with any applicable laws or regulations.
- Engage in unauthorized framing or of linking to the Site or Services.
- Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, other material including excessive use of capital letters and spamming (continuous posting of repetitive text) that interferes with any party’s uninterrupted use and enjoyment of the Site and Services or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Site or Services.
- Engage in automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
- Delete the copyright or other proprietary rights notice from any Content.
- Attempt to impersonate another user or person or use the username of another user.
- Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”).
- Interfere with, disrupt, or create undue burden on the Site or Services or the networks or services connected to the Site and Services.
- Harass, annoy, intimidate, doxx, or threaten any of our employees or agents engaged in providing any portion of the Site and Services to you.
- Attempt to bypass any measures of the Site and Services designed to prevent or restrict access to the Site and Services, or any portion of the Services.
- Copy or adapt the Services software, including but not limited to Flash, PHP, HTML, CSS, JavaScript, or other code.
- Except as permitted by the applicable law, decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Site or Services.
- Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Site or Services, or use or launch any unauthorized script or other software.
- Use a buying agent or purchasing agent to make purchases on the Services.
- Make any unauthorized use of the Site and Services, including collecting usernames, and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.
- Use the Site and Services as part of any effort to compete with us or otherwise use the Site and Services and/or Content for any revenue-generating endeavor or commercial enterprise.
- Use the Site and Services to advertise, self-promote or offer to sell goods and services.
- Sell or otherwise transfer your profile. To remove your profile or personal information, send a request to ann.inspireandwander@gmail.com.
User Generated Contributions
The Site and Services may invite you to chat, contribute to, or participate in blogs, message boards, online forums, and other functionality, and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Site and Services, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, “Contributions”). Contributions may be viewable by other users of the Site and Services and through third-party websites. As such, any Contributions you transmit may be treated as non-confidential and non-proprietary. When you create or make available any Contributions, you thereby represent and warrant that:
- The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copyright of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.
- You are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us, the Site and Services, and other users therein, to use your Contributions in any manner contemplated by the Site and Services and the Legal Terms.
- Your Contributions are not false, inaccurate, or misleading.
- Your contributions are not unsolicited or unauthorized self-promotion, advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
- Your Contributions are not obscene, lewd, lascivious, violent, discriminatory, harassing, libelous, slanderous, or otherwise objectionable (as determined by us).
- Your Contributions are not used to ridicule, mock, disparage, discriminate, intimidate, or abuse anyone.
- Your Contributions are not to be used to harass or threaten (in the legal sense of those terms) any other person and to promote violence, or perpetuate falsehoods, against a specific person or class of people.
- Your Contributions do not violate any applicable law, regulation, or rule.
- Your Contributions do not violate the privacy or publicity rights of any third party.
- Your Contributions do not violate any applicable law concerning child pornography, or otherwise intended to protect the health and well-being of minors. We will remove any images provided that include a minor’s face.
- Your Contributions do not include any offensive comments that are connected to race, national origin, gender, gender identity, sexual preference, or visible or invisible disabilities.
- Your Contributions do not otherwise violate, or link to material that violates, any provision of these Legal Terms, or any applicable law or regulation.
Any use of the Site and Services in violation of the foregoing violates these Legal Terms and may result in, among other things, termination or suspension of your rights to use the Services.
Contribution License
By posting your Contributions to any part of the Site or Services, you automatically grant, and you represent and warrant that you have the right to grant, to us, an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferrable, royalty-free, fully-paid, worldwide right, and license to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt (in whole or in part), and distribute such Contributions (including, without limitation, your image and voice) for any purpose, commercial, advertising and promotion, or otherwise, and to prepare derivative works of, or incorporate into other works, such Contributions, and grant and authorize sublicenses of the foregoing. The use and distribution may occur in any media formats and through any media channels and third-party applications.
The license will apply to any form, media, or technology now known or hereafter developed, and includes our use of your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names, logos, and personal and commercial images you provide. You waive all moral rights in your Contributions, and you warrant that moral rights have not otherwise been asserted in your Contributions.
We do not assert any ownership over your Contributions. You retail full ownership of all of your Contributions and any intellectual property rights, or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area on the Site and Services. You are solely responsible for your Contributions to the Site and Services, and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.
We have the right, in our sole and absolute discretion, (1) to edit, redact, or otherwise change any Contributions; (2) to re-categorize and Contributions to place them in more appropriate locations on the Site; and (3) to prescreen and/or delete any Contributions at any time and for any reason, without notice. We have no obligation to monitor your Contributions.
Third-Party Websites and Content
The Site and Services my contain (or you may be sent via the Site) links to other websites (“Third-Party Websites”) as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties (“Third-Party Content”). Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, or completeness by us, and we are not responsible for any Third-Party Content posted on, available through, or installed from the Site and Services, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content. Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or any Third-Party Content does not imply approval or endorsement thereof by us. If you decide to leave the Site and Services and access the Third-Party Websites or use or install any Third-Party Content, you do so at your own risk, and you should be aware these Legal Terms no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Site or Services. Any purchases you make through Third-Party Websites will be through other websites and from other companies, and we take no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party. You agree and acknowledge that we do not endorse the products or services offered on Third-Party Websites and you shall hold us blameless from any harm caused by your purchase of such products or services. Additionally, you shall hold us blameless from any losses sustained by you or harm caused to you relating to or resulting in any way from any Third-Party Websites and any Third-Party Content.
Advertisers
We allow advertisers to display their advertisements and other information in certain areas of the Site and Services, such as sidebar advertisements or banner advertisements. We simply provide the space to place such advertisements, and we have no other relationship with advertisers. We do not expressly endorse, support or agree with advertising placed on the Site.
Services Management
We reserve the right, but not the obligation to: (1) monitor the Services for violations of these Legal Terms; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Legal Terms, including without limitation, reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof; (4) in our sole discretion and without limitation, notice or liability, to remove from the Site and Services or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and (5) otherwise manage the Site and Services in a manner designed to protect our rights and property and to facilitate the proper functioning of the Site and Services.
Privacy Policy
We care about data privacy and security. Please review our Privacy Policy. By using the Site and Services, you agree to be bound by our Privacy Policy, which is incorporated into these Legal Terms. Please be advised, these Services are hosted in the United States. If you access the Site and Services from any other region in the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in the United states, then through your continued use of the Site and Services, you are transferring your data to the United States, and you expressly consent to have your data transferred to and processed in the United States. Futher, we do not knowingly accept, request or solicit information from minors under the age of 18, otherwise referred to as children, or knowingly market to children. Therefore, in accordance with the U.S. Children’s Online Privacy Protection Act, if we receive actual knowledge that anyone under the age of 18 has provided personal information to us without the requisite and verifiable parental consent, we will delete that information from the Site and Services as quickly as is reasonably practical.
Term and Termination
These Legal Terms shall remain in full force and effect while you use the Site and Services. WITHOUT LIMITING ANY OTHER PROVISION OF THESE LEGAL TERMS, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SITE AND SERVICES (INCLUDING BLOCKING CERTAIN IP ADDRESSES) TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE LEGAL TERMS OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SITE OR SERVICES OR DELETE ANY CONTENET OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.
If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action including without limitation pursuing civil, criminal or injunctive redress.
Modifications and Interruptions
We reserve the right to change, modify, or remove the contents of the Site and the Services, at any time, and for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Site and Services. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Site and Services.
We cannot guarantee the Site and Services will be available at all or any times. We may experience hardware, software, services, or other problems, or need to perform maintenance related to the Site and Services, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Site and Services at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Site or Services during any downtime or discontinuance or Site or Services. Nothing in these Legal Terms will be construed to obligate us to maintain and support the Site and Services or to supply any corrections, updates, or releases in connection therewith.
Governing Law
These Legal Terms and your use of the Site and Services are governed by and construed in accordance with the laws of the State of Colorado applicable to agreements made and to be entirely performed within the State of Colorado, without regard to its conflict of laws principles.
Dispute Resolution
Binding Arbitration
If the Parties are unable to resolve a Dispute through informal negotiations, the Dispute (except those Disputes expressly excluded below) will be finally and exclusively resolved by binding arbitration. YOU UNDERSTAIND THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes (“AAA Consumer Rules”), both of which are made available at the American Arbitration Association (AAA) website. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Consumer Rules and, where appropriate, limited by the AAA Consumer Rules. The arbitration may be conducted in person, through the submission of documents, by phone, or online. The arbitrator will make a decision in writing but need not provide a statement of reasons unless requested by either Party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to so. Except where otherwise required by the applicable AAA rules or applicable law, the arbitration will take place in Jefferson County, Colorado. Except as otherwise provided herein, the Parties may litigate in court to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgement on the award entered by the arbitrator.
If for any reason, a Dispute proceeds in court rather than arbitration, the Dispute shall be commenced or prosecuted in the state and federal courts located in Jefferson County, Colorado, and the Parties hereby consent to, and waive all defenses of lack of personal jurisdiction, and forum non conveniens with respect to venue and jurisdiction in such state and federal courts. Application of the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act (UCITA) are excluded from these Legal Terms.
In no event shall any Dispute brought by either Party related in any way to the Site and Services be commenced more than one (1) year after the cause of action arose. If this provision is found to be illegal or unenforceable, and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.
Restrictions
The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.
Exceptions to Arbitration
The Parties agree that the following Disputes are not subject to the above provisions concerning binding arbitration; (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights, of a Party; (b) any Dispute related to; or rising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim or injunctive relief. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts lists for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.
Corrections
There may be information on the Site and Services that contains typographical errors, inaccuracies, or omission, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Site and Services at any time, without prior notice.
Disclaimer
THESE SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SITE AND SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND SERVICES AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHATABILITY, FITNESS FOR PARTICULAR PURPOSE, AND NON-INFRINGEMENT, WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE AND SERVIVCES’ CONTENT OR THE CONTETN OF ANY WEBSITES OR MOBILE APPLICATIONS LINKED TO THE SITE AND SERVICES AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENET AND MATERIALS, (2) PERSONAL INJUIRY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE AND SERVICES, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE AND SERVICES BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE AND SERVICES. WE NO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGEMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
Limitations of Liability
IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPEICAL OR PUNITIVE DAMAGES, INLCUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE AND SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, 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. CERTAIN US STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
Indemnification
You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorney’s fees and expenses, made by any third party due to or arising out of (1) you Contributions; (2) use of the Site and Services; (3) beach of these Legal Terms; (4) any breach of your representations and warranties set forth in these Legal Terms; (5) your violation of the rights of a third party, including but not limited to intellectual property rights; or (6) any overt harmful act toward any other user of the Site and Services with whom you connected via the Site and Services. Notwithstanding the forgoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
User Data
We will maintain certain data that you transmit to the Site and Services for the purpose of managing the performance of the Site and Services, as well as data relating to your use of the Site and Services. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using this Site and Services. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.
Electronic Communications, Transactions, and Signatures
Visiting the Site and Services, sending us emails, and completing online forms and subscribing to newsletters or services, constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Site and Services, satisfy and legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SERVICES. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.
Miscellaneous
These Legal Terms and any policies or operating rules posted by us on the Site and Services or in respect to the Site and Services constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Legal Terms shall not operate as a waiver of such right or provision. These Legal Terms operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Legal Terms is determined to be unlawful, void, or unenforceable, that provision of part of the provision is deemed severable from these Legal Terms and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment, or agency relationship created between you and use as a result of these Legal Terms or use of the Site and Services. You agree that these Legal Terms will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have; based on the electronic form of these Legal Terms and the lack of signing by the parties hereto to execute these Legal Terms.
Contact us
In order to resolve a complaint regarding the Site and/or Services or to receive further information regarding use of the Site and Services, please contact us:
Ann.inspireandwander@gmail.com
Inspire and Wander
United States