TERMS OF USE  
   

The following terms and conditions (the "Terms and Conditions") govern your use of any Life Demystified Publishing Web Site (the "Site" or "Web Site").

This Site is made available by Life Demystified Publishing ("LDP" or "we" or "us"). We may change these Terms and Conditions from time to time, at any time, which changes will be posted on the Site.

BY USING THE SITE, YOU ACCEPT AND AGREE TO THESE TERMS AND CONDITIONS AS APPLIED TO YOUR USE OF THE SITE. If you do not agree to these Terms and Conditions, you may not access or otherwise use the Site.

1. Proprietary Rights. As between you and LDP, LDP owns, solely and exclusively, all rights, title and interest in and to the Site, all the content (including, for example, audio, photographs, illustrations, graphics, other visuals, video, copy, software, etc.), code, data and materials thereon, the look and feel, design and organization of the Site, and the compilation of the content, code, data and materials on the Site, including but not limited to any copyrights, trademark rights, patent rights, database rights, moral rights, sui generis rights and other intellectual property and proprietary rights therein. Your use of the Site does not grant to you ownership of any content, code, data or materials you may access on the Site.

2. Limited License. You may access and view the content on the Site on your computer or other Internet-compatible device, and you may make single copies or prints of the content on the Site for your personal, internal use only. The Site and its services, including any content and materials thereon, are only for your personal, non-commercial use only.

3. Prohibited Use. Any commercial distribution, publishing or exploitation of the Site, or any content, code, data or materials on the Site, is strictly prohibited, unless you have received the express prior permission of LDP or the applicable rights holder. You may not otherwise download, display, copy, reproduce, distribute, modify, perform, transfer, create derivative works from, sell or otherwise exploit any content, code, data or materials on the Site. If you make other use of the Site, or the content, code, data or materials thereon, except as otherwise provided above, you may violate copyright and other laws of the United States, other countries, as well as applicable state laws, and may be subject to liability for such unauthorized use. LDP will aggressively enforce its intellectual property rights (including its Trademark rights, as set forth below) to the fullest extent of the law, including the seeking of criminal prosecution.

4. Trademarks. The trademarks, logos, service marks and trade names (collectively the "Trademarks") displayed on the Web Site or on content available through the Web Site are registered and unregistered Trademarks of ours and others and may not be used unless authorized by the trademark owner. All Trademarks not owned by us that appear on the Web Site or on or through the Web Site's services, if any, are the property of their respective owners. Nothing contained on the Web Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Web Site without our written permission or that of the third party rights holder.

5. User Information. In the course of your use of the Site, you may be asked to provide certain personalized information to us. Our information collection and use policies with respect to the privacy of such information are set forth in the Site's Privacy Policy. You acknowledge and agree that you are solely responsible for the accuracy and content of User Information, and you agree to keep it up to date.

6. Submitted Materials. Unless specifically requested, we do not solicit nor do we wish to receive any confidential, secret or proprietary information or other material from you through the Site, by email or in any other way. Any information, creative works, demos, ideas, suggestions, concepts, methods, systems, designs, plans, techniques or other materials submitted or sent to us ("Submitted Materials") will be deemed not to be confidential or secret, and may be used by us in any manner consistent with the Site's Privacy Policy. By submitting or sending Submitted Materials to us, you: (i) represent and warrant that the Submitted Materials are original to you, that no other party has any rights thereto, and that any "moral rights" in such Submitted Materials have been waived, and (ii) you grant us and our affiliates a royalty-free, unrestricted, worldwide, perpetual, irrevocable, non-exclusive and fully transferable, assignable and sublicensable right and license to use, copy, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such material (in whole or part) and/or to incorporate it in other works in any form, media, or technology now known or later developed. We cannot be responsible for maintaining any Submitted Material that you provide to us, and we may delete or destroy any such Submitted Material at any time.

7. Prohibited User Conduct. You warrant and agree that, while using the Web Site and its various services and features, you shall not: (a) impersonate any person or entity or misrepresent your affiliation with any other person or entity, whether actual or fictitious, including anyone from LDP; (b) upload, post, publish, transmit, reproduce, distribute or in any way exploit any information or other materials obtained on or through the Site for any commercial or promotional purpose (other than as expressly permitted by us); (c) insert your own or a third party's advertising, branding or other promotional content into any of the Web Site's content, materials or services (for example, without limitation, in an RSS feed or a podcast received from LDP or otherwise through the Web Site), or use, redistribute, republish or exploit such content or service for any further commercial or promotional purposes; or (d) attempt to gain unauthorized access to other computer systems through the Web Site. You shall not: (i) engage in "spidering," "screen scraping," "database scraping," harvesting of e-mail addresses, wireless addresses or other contact or personal information, or any other unauthorized or automatic means of accessing, logging-in to or registering for the Site or the Site's services or features, or any computer systems, materials or information available on or through the Site, including, without limitation, any information residing on any server or database connected to the Site or any services offered on or through the Site; (ii) use the Site or the Site's services or features in any manner with the intent to interrupt, damage, disable, overburden, or impair the Site or its services (or interfere with any other party's use and enjoyment of the Site or its services), including, without limitation, sending mass unsolicited messages or "flooding" servers with requests, or submitting or transmitting to us on or through the Site any materials that contain a virus, spyware, or other harmful component, or that are otherwise unlawful; or (iii) use the Site or the Site's services or features in violation of our or any third party's intellectual property or other proprietary or legal rights, or in violation of any applicable law. You further agree that you may not attempt (or encourage or support anyone else's attempt) to circumvent, reverse-engineer, decrypt, or otherwise alter or interfere with the Site or the Site's services, or any content thereof, or make unauthorized or unlawful use thereof. You may not obtain or attempt to obtain any materials or information through any means not intentionally made publicly available or provided for through the Site.

8. Right to Monitor and Editorial Control. We reserve the right (but do not have an obligation) to monitor and/or review all information and materials submitted by users to the Web Site or through the Web Site's services or features, and we are not responsible for any such information and materials. We reserve the right at all times to disclose any information as necessary to satisfy any law, regulation or government request, or to edit or remove any information or materials, in whole or in part, that in our sole discretion are objectionable or in violation of these Terms and Conditions, our policies or applicable law.

9. Linking to the Web Site. You agree that if you include a link from any other web site to the Web Site, such link shall open in a new browser window and shall link to the full version of an HTML formatted page of this Web Site. You are not permitted to link directly to any image hosted on the Web Site or our services, such as using an "in-line" linking method to cause the image hosted by us to be displayed on another web site. You agree not to download or use images hosted on this Web Site on another web site, for any purpose, including, without limitation, posting such images on another site. You agree not to link from any other web site to this Web Site in any manner such that the Web Site, or any page of the Web Site, is "framed," surrounded or obfuscated by any third party content, materials or branding. We reserve all of our rights under the law to insist that any link to the Web Site be discontinued, and to revoke your right to link to the Web Site from any other web site at any time upon written notice to you.

10. Indemnification. You agree to defend, indemnify and hold LDP and its directors, officers, employees and agents harmless from any and all claims, liabilities, costs and expenses, including reasonable attorneys' fees, arising in any way from your use of the Site, your placement or transmission of any message, content, information, software or other materials through the Site, or your breach or violation of applicable law or of these Terms and Conditions. LDP reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with LDP’s defense of such claim.

11. Orders for Products and Services. We may make certain products and services available to visitors and registrants of the Site. You may only order products and services if, and you hereby represent and warrant that, you are 18 years old or older. You agree to pay in full the prices (and any applicable taxes) for any purchases you make either by credit/debit card concurrent with your online order or by other payment means acceptable to LDP. If payment is not received by us from your credit or debit card issuer or its agents, you agree to pay all amounts due upon demand by us. Certain products that you purchase and/or download on or through the Web Site may be subject to additional terms and conditions presented to you at the time of such purchase or download.

12. Third Party Web Sites. You may be able to link from the Web Site to third party web sites and third party web sites may link to the Web Site ("Linked Sites"). You acknowledge and agree that we have no responsibility for the information, content, products, services, advertising, code or other materials which may or may not be provided by or through Linked Sites, even if they are owned or run by affiliates of ours. Links to Linked Sites do not constitute an endorsement or sponsorship by us of such web sites or the information, content, products, services, advertising, code or other materials presented on or through such web sites. Any reliance on the contents of a third party web site is done at your own risk and you assume all responsibilities and consequences resulting from such reliance.

13. Copyright Agent. We respect the intellectual property rights of others, and require that the people who use the Site do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please forward the following information to LDP's Copyright Agent, designated as such pursuant to the Digital Millennium Copyright Act, 17 U.S.C. § 512(c)(2), named below:

Your address, telephone number, and email address;
A description of the copyrighted work that you claim has been infringed;
A description of where the alleged infringing material is located;
A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; 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 or authorized to act on the copyright owner's behalf.
Copyright Agent:
Jonathan Zide
Life Demystified Publishing
10755 Scripps Poway Parkway #310
San Diego, CA 92131
858-842-1783
e-mail: support@lifedemystifiedpublishing.com

14. DISCLAIMER OF WARRANTIES. THE SITE AND ALL PRODUCTS, SERVICES, CONTENT, FUNCTIONS AND MATERIALS AVAILABLE THEREON, ARE PROVIDED "AS IS," "AS AVAILABLE", WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY FOR INFORMATION, DATA, DATA PROCESSING SERVICES, UPTIME OR UNINTERRUPTED ACCESS, ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, TIMELINESS, CORRECTNESS, THOROUGHNESS, COMPLETENESS, PRECISION, USEFULNESS, OR CONTENT OF ANY INFORMATION, AND ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND WE HEREBY DISCLAIM ANY AND ALL SUCH WARRANTIES, EXPRESS AND IMPLIED. WE DO NOT WARRANT THAT THE SITE OR THE SERVICES, CONTENT, FUNCTIONS OR MATERIALS CONTAINED THEREIN WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. WE MAKE NO WARRANTY THAT THE SITE WILL MEET USERS’ REQUIREMENTS. NO ADVICE, RESULTS OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE SITE OR THE SITE'S PRODUCTS OR SERVICES, SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. WE ASSUME NO RESPONSIBILITY, AND WILL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING IN THE SITE OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, CONTENT OR INFORMATION FROM THE SITE. IF YOU ARE DISSATISFIED WITH THE SITE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SITE.

WITHOUT LIMITATION OF THE ABOVE IN THIS SECTION, LDP AND ITS AFFILIATES, SUPPLIERS AND LICENSORS MAKE NO WARRANTIES OR REPRESENTATIONS REGARDING ANY PRODUCTS OR SERVICES ORDERED OR PROVIDED VIA THE SITE, AND HEREBY DISCLAIM, AND YOU HEREBY WAIVE, ANY AND ALL WARRANTIES AND REPRESENTATIONS MADE IN PRODUCT OR SERVICES LITERATURE, FREQUENTLY ASKED QUESTIONS DOCUMENTS AND OTHERWISE ON THE SITE OR IN CORRESPONDENCE WITH LDP OR ITS AGENTS. ANY PRODUCTS AND SERVICES ORDERED OR PROVIDED VIA THE SITE ARE PROVIDED BY LDP "AS IS", EXCEPT TO THE EXTENT, IF AT ALL, OTHERWISE SET FORTH IN A LICENSE OR SALE AGREEMENT SEPARATELY ENTERED INTO IN WRITING BETWEEN YOU AND LDP OR ITS LICENSOR OR SUPPLIER.

LDP MAKES AVAILABLE ON SOME OF ITS SITES, AMONG OTHER THINGS, THE HEALTHY HEAD TO TOE NEWSLETTER. THE INFORMATION PROVIDED THEREIN SHOULD NOT BE CONSTRUED AS A HEALTH-CARE DIAGNOSIS, TREATMENT REGIMEN OR ANY OTHER PRESCRIBED HEALTH-CARE ADVICE OR INSTRUCTION. THE INFORMATION IS PROVIDED WITH THE UNDERSTANDING THAT LDP IS NOT ENGAGED IN THE PRACTICE OF MEDICINE OR ANY OTHER HEALTH-CARE PROFESSION AND DOES NOT ENTER INTO A HEALTH-CARE PRACTITIONER/PATIENT RELATIONSHIP WITH ITS READERS. LDP DOES NOT ADVISE OR RECOMMEND TO ITS READERS TREATMENT OR ACTION WITH REGARD TO MATTERS RELATING TO THEIR HEALTH OR WELL-BEING OTHER THAN TO SUGGEST THAT READERS CONSULT APPROPRIATE HEALTH-CARE PROFESSIONALS IN SUCH MATTERS. NO ACTION SHOULD BE TAKEN BASED SOLELY ON THE CONTENT OF SUCH INFORMATION. THE INFORMATION AND OPINIONS PROVIDED THEREIN ARE BELIEVED TO BE ACCURATE AND SOUND AT THE TIME OF PUBLICATION, BASED ON THE BEST JUDGMENT AVAILABLE TO THE AUTHORS. HOWEVER, READERS WHO RELY ON INFORMATION IN THIS PUBLICATION TO REPLACE THE ADVICE OF HEALTH-CARE PROFESSIONALS, OR WHO FAIL TO CONSULT WITH HEALTH-CARE PROFESSIONALS, ASSUME ALL RISKS OF SUCH CONDUCT. LDP IS NOT RESPONSIBLE FOR ERRORS OR OMISSIONS.

LDP ALSO MAKES AVAILABLE THE OPINIONS OF EXPERT AUTHORITIES IN MANY FIELDS. HOWEVER, USE OF OR RELIANCE ON THESE OPINIONS AND THE INFORMATION PROVIDED THEREIN IS NO SUBSTITUTE FOR LEGAL, ACCOUNTING, INVESTMENT, MEDICAL AND OTHER PROFESSIONAL SERVICES TO SUIT YOUR SPECIFIC PERSONAL NEEDS. YOU SHOULD ALWAYS CONSULT A COMPETENT PROFESSIONAL FOR ANSWERS TO YOUR SPECIFIC QUESTIONS.

15. LIMITATION OF LIABILITY. IN NO EVENT, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL LDP OR ANY OF ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR CONTENT OR SERVICE PROVIDERS (COLLECTIVELY, THE "PROTECTED ENTITIES") BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM, OR DIRECTLY OR INDIRECTLY RELATED TO, THE USE OF, OR THE INABILITY TO USE, THE SITE OR THE CONTENT, MATERIALS AND FUNCTIONS RELATED THERETO, YOUR PROVISION OF INFORMATION VIA THE SITE, LOST BUSINESS OR LOST SALES, EVEN IF SUCH PROTECTED ENTITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO CERTAIN USERS. IN NO EVENT SHALL THE PROTECTED ENTITIES BE LIABLE FOR OR IN CONNECTION WITH ANY CONTENT POSTED, TRANSMITTED, EXCHANGED OR RECEIVED BY OR ON BEHALF OF ANY USER OR OTHER PERSON ON OR THROUGH THE SITE. IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF THE PROTECTED ENTITIES TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM THE TERMS AND CONDITIONS OR YOUR USE OF THE SITE EXCEED, IN THE AGGREGATE, THE AMOUNT, IF ANY, PAID BY YOU TO LDP FOR YOUR USE OF THE SITE OR PURCHASE OF PRODUCTS VIA THE SITE.

16. Applicable Laws. We control and operate the Site from our offices in the United States of America. We do not represent that materials on the Site are appropriate or available for use in other locations. Persons who choose to access the Site from other locations do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable. All parties to these terms and conditions waive their respective rights to a trial by jury.

17. Termination. We may terminate, change, suspend or discontinue any aspect of the Site or the Site's services at any time. We may restrict, limit, suspend or terminate your use of or access to the Site and its services if we believe you are in breach of these Terms and Conditions or applicable law, or for any other reason without notice or liability. LDP maintains a policy that provides for the termination in appropriate circumstances of the Web Site use privileges of users who are repeat infringers of these Terms and Conditions, intellectual property rights or applicable law.

18. Changes to Terms of Use. LDP reserves the right, at its sole discretion, to change, modify, add or remove any portion of this Terms of Use, in whole or in part, at any time. Changes in this Terms of Use will be effective when posted. Your continued use of the Site and/or the services offered on or through the Site after any changes to this Terms of Use are posted will be considered acceptance of those changes.

19. Miscellaneous. The Terms and Conditions and the relationship between you and us shall be governed by the laws of the State of California, without regard to its conflict of law provisions. You agree that any cause of action that may arise under the Terms and Conditions shall be commenced and be heard in the appropriate court in the State of California, County of San Diego. You agree to submit to the personal and exclusive jurisdiction of the courts located within San Diego in the State of California. Our failure to exercise or enforce any right or provision of the Terms and Conditions shall not constitute a waiver of such right or provision. If any provision of the Terms and Conditions is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms and Conditions remain in full force and effect.

Last Modified: August 2009

 
   
.