1. Disclaimer

 

Disclaimer:

The information on this Website is not intended to replace a one on one relationship with a qualified health care professional and is not intended as medical advice. I encourage you to make your own health care decisions based upon your research and in partnership with a qualified health care professional. I am not a Medical Doctor and do not engage directly or indirectly in diagnosing disease, dispensing medical advice, or prescribing the use of any products or services as treatment for sickness or disease. I assume no responsibility for any circumstances arising out of the use, misuse, interpretation or application of any information supplied. Do not rely on information on this Website as tools for self-diagnosis. Any application or use of the information, resources, or recommendations contained within this Website is at your own risk. The entire contents of this Website are based upon the opinions of Susan Tessman, unless otherwise noted.

By entering your email address you are also requesting and agreeing to subscribe to my free newsletter. It is important that you also read about my Privacy Policy to understand how your personal information will be dealt with.

Affiliate Disclaimer:

From time to time, I will, endorse, promote or suggest services and/or products for sale. My recommendation is ALWAYS based on my belief that the product and its creator will provide excellent and valuable information or service based on a review of that product, my relationship with that person, and or previous positive experience with the person or company whose product I am recommending. In some cases, I will be compensated if you decide to purchase that product based on my recommendation. In some cases, I will receive the product for free for review purposes. Please always do your OWN due-diligence before making any purchase. Your results from any products, services, or materials found on this site will vary.

2. Terms of Use

IMPORTANT! PLEASE CAREFULLY READ THESE TERMS OF USE (“TERMS”) BEFORE USING THIS WEBSITE, AS THEY AFFECT YOUR LEGAL RIGHTS AND OBLIGATIONS.

Susan Tessman owns or controls, and provides access to, susantessman.com and related websites (however accessed and/or used, whether via personal computers, mobile devices or otherwise) or other interactive features that are accessible or downloadable through susantessman.com and that link to these TERMS (collectively, “Website”). THESE TERMS GOVERN YOUR USE OF THE WEBSITE. These TERMS only apply to the Website, and not to any other web site or any offline activities by Susan Tessman (unless specifically stated). You agree to these TERMS by accessing or using the Website, registering for services offered on the Website, or by accepting, uploading, submitting or downloading any information or content from or to the Website. THIS WEBSITE DOES NOT PROVIDE ANY MEDICAL ADVICE AND IS NOT INTENDED TO BE VIEWED BY MINORS OR ANYONE UNDER THE AGE OF 18. BY ENTERING THIS SITE, YOU ARE AGREEING THAT YOU ARE OVER THE AGE OF 18.

IF YOU DO NOT AGREE TO BE BOUND BY ALL OF THESE TERMS, DO NOT USE THE WEBSITE.

Information on the Website is provided for entertainment and informational purposes only and is not intended as a substitute for the advice provided by your physician or other healthcare professional or any information contained on or in any product label or packaging. You should not use the information on the Website for diagnosing or treating a health problem or disease, or prescribing any medication or other treatment. You should always speak with your physician or other healthcare professional before taking any medication or nutritional, herbal or homeopathic supplement, or adopting any treatment for a health problem. For any products or services purchased from the Website, you should read carefully all product packaging and instructions. If you have or suspect that you have a medical problem, promptly contact your health care provider. Never disregard professional medical advice or delay in seeking professional advice because of something you have read on the Website. Information provided on the Website and the use of any products or services purchased from the Website by you DOES NOT create a doctor-patient relationship between you and any of the physicians, nutritionists, or health practitioners affiliated with the Website. Information and statements regarding dietary supplements have not been evaluated by Health Canada and are not intended to diagnose, treat, cure, or prevent any disease. You understand and agree that you shall not rely on any information posted on the website as advice.

ACCEPTANCE OF TERMS

Your use of the Website is subject to these TERMS, which may be updated by Susan Tessman from time to time without notice to you. It is important for you to refer to these TERMS from time to time to make sure that you are aware of any additions, revisions, or modifications that Susan Tessman may have made to these TERMS. Your use of the Website constitutes your acceptance of these TERMS.

DESCRIPTION OF WEB SITE SERVICES

The Site is available to individuals seeking information concerning Susan Tessman and her business operations. Nothing on the Site is, or should be construed as, a recommendation for a specific treatment regime or a substitute for the advice of a healthcare professional.

INTELLECTUAL PROPERTY OWNERSHIP; LICENSE; COPYRIGHT

All logos, page headers, custom graphics and icons are trademarks and/or service marks owned by Susan Tessman. All other trademarks, product names, and company names and logos appearing on the Website are the property of their respective owners.

The past, present and future Website content, including, but not limited to, materials, logos, copy, graphics, text, images, audio, video, source code, domain names, trade names, service marks, and any and all copyrightable material are the property of Susan Tessman and are protected by Canadian and international copyright, trademark and/or other intellectual property rights laws. Except to the minimum extent otherwise expressly permitted under this Agreement, you may not copy or exploit materials used in conjunction with the Site without the express written approval of Susan Tessman. You may not remove, alter, obscure or obliterate any proprietary notices, such as copyright and trademark notices, contained in this Site.

COMMERCIAL TRANSACTIONS

Certain products or Services may be offered for sale on the Website. In the event you wish to purchase or to subscribe for any of these products or Services, you will be asked by the Website or an authorized third party to supply certain information, including without limitation, your full name, address, telephone number and credit card information. You agree to provide the Website or such third party with the foregoing information as well as any other mandatory information that is accurate, complete and current, and to comply with the terms and conditions of any agreement that you may enter into governing your purchase of the product or Service. You shall be responsible for all charges incurred through your account as well as for paying any applicable taxes.

Some services offered, or to be offered in the future by the Website are subscription-based services. When you open a subscription-based account, you hereby agree to pay all charges to your account, including any applicable taxes, in accordance with billing terms in effect at the time the fee or charge becomes payable. We reserve the right to change the amount of, or basis for determining, any fees or charges for Services provided, and to institute new fees, charges or terms effective upon notice to subscribers. We reserve the right to terminate any account at any time for any reason. We agree that we will notify you when, and if, we decide to terminate your account.

Your subscription will be automatically renewed and your credit card will be automatically charged on a quarterly, monthly or weekly basis, depending upon the billing terms for your account, for as long as you remain a member. You agree that Susan Tessman will not be obligated to send you any renewal or advance billing notices or confirmations that your credit card has been charged.

Your right to use the Service or a specific product is conditional upon my receipt of payment. If payment cannot be charged to your credit card or if a charge is refunded for any reason, including chargeback, we reserve the right to immediately either suspend or terminate your access and account, thereby terminating this Agreement and all our obligations hereunder. You are required to pay any amounts still owed to Susan Tessman at the time your account is suspended or terminated.

In the event you elect to terminate your subscription, you may call (604)510-0704 between the hours of 9:00 AM – 4:00 PM PST. You can also email support@susantessman.com.

Terminations are not retroactive. If you terminate your membership after your membership period has begun, you may be entitled to a refund for the unexpired portion of that membership period, less any applicable minimum charges. You may still be obligated to pay for other charges incurred. If you have an outstanding balance due on any subscription account, you hereby agree that we may charge these unpaid fees to your credit card.

LINKS TO OTHER WEB SITES

The Website may contain hyperlinks to other websites (“Other Sites”). If you use the hyperlinks to access these Other Sites, you will leave the Website and your browser will be re-directed to the Other Sites. The Other Sites may have their own terms of service and privacy policy and those Other Sites may have different practices and requirements than the Website. We are not responsible for the content presented by any Other Site and do not endorse the operator. We also do not warrant or make any representation regarding the legality, accuracy, or authenticity of content presented by Other Sites.

LINKING POLICY

Any website that links to the Website: (a) must not frame or create a browser or border environment around any of the Content of the Website; (b) may link to, but not replicate, the Content; (c) must not imply that Susan Tessman or the Website is endorsing or sponsoring it or its products, unless Susan Tessman has given prior written consent; (d) must not present false information about Susan Tessman or her products or services; (e) must not use any trademarks without the prior written permission from Susan Tessman; and (f) must not contain content that could be construed as distasteful, offensive or controversial. By linking to any of the Website, you agree that you do and will continue to comply with the above linking requirements. Notwithstanding anything to the contrary contained in these TERMS, we reserve the right to deny permission to link to the Website for any reason in our sole and absolute discretion.

ACCEPTABLE USE

Any conduct by you on this Website that we believe, in our sole discretion, restricts or inhibits any other user from using or enjoying the Website will not be permitted. You agree to use the Website only for lawful purposes.
You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Website, use of the Website, or access to the Website. You agree not to access the Website by any means other than through the interface provided for use in accessing the Website. You understand that the robots.txt file is the only means by which robots are authorized to access the Website. You agree not to violate any of the robot access policies.

You will not use the Website to:

Upload, post, e-mail, transmit, display, distribute, promote, or otherwise make available: (i) any material that is false, unlawful, threatening, tortious, disparaging (including disparaging of Susan Tessman or affiliates), anything that adversely affects business such as discouraging any person or entity from advertising with, linking to or supplying Susan Tessman, abusive, libelous, defamatory, obscene, vulgar, offensive, pornographic, profane, racist, sexually explicit, ethnically or culturally offensive, indecent, or that promotes violence, racial hatred, terrorism, or illegal acts, or is otherwise objectionable in our sole discretion; (ii) information, software, or other material that violates, plagiarizes, misappropriates or infringes the rights of third parties including, without limitation, copyright (including, without limitation, offering pirated computer programs or links to such programs, information used to circumvent manufacturer-installed copy-protect devices, including serial registration numbers for software programs, or any type of cracker utilities), trademark, patent, trade secret, rights of privacy or publicity or any other proprietary right; (iii) material of any kind that contains a virus, Trojan horse, time bombs, worms, spyware, bots, any automated use of the system, such as scripts, or other harmful component or restricts or inhibits any other user’s uninhibited use and enjoyment of the Website, interferes with or disrupts the Website or servers or networks connected to the Website, or disobeys any requirements, procedures, policies or regulations of networks connected to the Website; (iv) information or material of any kind that constitutes or contains false or misleading indications of origin or statements of fact, including, without limitation, by forging any TCP/IP packet header, any part of the header information in any transmission to the Website, or otherwise manipulating identifiers in order to disguise the origin of any content transmitted to the Website; (v) any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” requests for money, petitions for signature, or any other form of solicitation; (vi) any material that encourages, promotes, solicits or commits conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or international law; or (vii) otherwise make available any material that exploits or harms any individual, corporation or other entity; Impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity; Disrupt the normal flow of dialogue, cause a screen to “scroll” faster than other users of the Website are able to type, or otherwise act in a manner that negatively affects other users’ ability to engage in real time exchanges; Stalk, abuse, sexually exploit, violently exploit, act violently toward or otherwise harass another user; Use or attempt to use another’s information, account, password, service or system except as expressly permitted; or Solicit or collect personal data including telephone numbers, addresses, last names, or email addresses, about other users.

You represent, warrant and agree that you will comply with the above acceptable use policy.

EMAIL, NEWSLETTER

You understand that by entering your name and email address on the entry page that you are subscribing to a free, no obligation “advice” email newsletter. This newsletter is offered as a free service by susantessman.com, and no purchase is necessary.

By entering this website, you agree that you wish to be subscribed to this newsletter, and that you will make no threats, and take no additional action against susantessman.com in the event you are unhappy that you subscribed or are not able to remove yourself from this free mailing list, and you agree that the small inconvenience of receiving this unwanted newsletter will cause you no personal, emotional, or financial harm whatsoever.

You agree that you have opted-in to receive the newsletter by providing your first name and email address on the website. If you do not wish to receive the newsletter, simply click on the unsubscribe link at the bottom of each newsletter.

If you need further assistance, please contact us at support@susantessman.com or write to me at: P.O. Box 75424 White Rock, Surrey, B.C. V4A 6G0, Canada.

TESTIMONIALS

Notice about testimonials or emails from readers: testimonials and emails from readers are all true, reflect the opinions and experiences of real users of Susan Tessman’s services and products, and are submitted to Susan Tessman voluntarily by customers. However, you understand and agree that Susan Tessman shall not be responsible for any such comments and testimonials.

If you would like to submit a testimonial or email to Susan Tessman, you agree that it becomes our exclusive property which for example includes the rights to reproduce, edit (for length but not general content), and/or publish the testimonial, which may include your name or initials and city/state/country of residence. Some customers that have submitted testimonials may have received a service as a “thank you” in appreciation for the time they invested to write or record their testimonials.

PROMOTIONS

The Website may contain or offer sweepstakes, contests or other promotions, which may be governed by a separate set of rules that describe the sweepstakes, contest or promotion and may have eligibility requirements. It is your responsibility to read those rules to determine whether or not your participation, registration or entry will be valid or restricted, and to determine the sponsor’s requirements of you in connection with the applicable sweepstakes, contest or promotion. In the event of any discrepancy between these TERMS and the Contest or promotion terms, these TERMS shall take precedence.

THIRD PARTY CONTENT AND INFORMATION

The Website contains Content that is provided for your convenience and enjoyment. Third parties provide some of the Content. You should be aware that the Content might contain errors, omissions, inaccuracies, outdated information, and inadequacies and that the Content may be subject to terms and conditions, which may be found on the Website or in the documents and policies of third parties. Susan Tessman makes no representations or warranties as to the completeness, accuracy, adequacy, currency or reliability of any Content and will not be liable for any lack of the foregoing. Third party advertisers may offer goods, services and other materials to you on the Website. Your correspondence and business dealings with others found on or through the Website including, without limitation, the payment and delivery of products and services, and any terms, conditions, warranties and representations associated with such dealings, are solely between you and the advertiser. You agree that Susan Tessman will not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or the offering of such products, services, and other Content on the Website. Under certain circumstances, Susan Tessman may permit third party users to upload content, in which event you may be exposed to offensive, indecent or objectionable content. Descriptions of, or references to, products, services or publications within the Website do not imply endorsement of that product, service or publication.

INFORMATION YOU SUBMIT

From time to time, the Website may contain or describe functionality or other methods through which you can upload or otherwise submit information, data, software, messages, photographs, audio, video, text and other materials to the Website (“Your Upload Information”). For example, the Website may offer forums, bulletin boards, wiki, chat rooms or other interactive areas. Susan Tessman or affiliates or the directors, officers, employees, or other representatives of each of them do not endorse the content posted in User Forums. Susan Tessman reserves the right, but is not obligated, to post, delete, move or edit Your Upload Information, in whole or in part, submitted by you to a User Forum for any reason in their sole discretion. Susan Tessman reserves the right to suspend or terminate your access to the Website and pursue all legal remedies if it is believed your Upload Information infringes another’s copyright or otherwise violates any law, rule or regulation. You acknowledge and agree that you are prohibited from accepting payment for Your Upload Information, including, without limitation, accepting payment for the inclusion of a logo, brand or other commercial content, in Your Upload Information.

All of Your Upload Information is your sole responsibility. This means that you, and not Susan Tessman, are entirely responsible for all of Your Upload Information that you upload, post, e-mail, transmit or otherwise make available via the Website. If you post personal information in User Forums or on other publicly available areas of the Website, then you may receive unsolicited messages from third parties. We cannot ensure the security of any information you post on publicly available areas of the Website. Under no circumstances will Susan Tessman be liable in any way for any of Your Upload Information including, but not limited to, any errors or omissions in Your Upload Information, or for any loss or damage of any kind incurred as a result of Your Upload Information. You represent that Your Upload Information is an original work by you or you have all necessary rights in it and to submit it to us under the terms of these TERMS; that it is not defamatory; and that it does not infringe upon, misappropriate or violate the rights of any third parties, including, without limitation, any intellectual property rights, rights of publicity or privacy or any other proprietary rights or otherwise violate any law, rule, or regulation. You further agree that you are solely liable for any and all costs, claims, demands, investigations, liabilities, losses, damages, judgments, settlements, costs and expenses, including Solicitors’ fees, connected to or arising from your breach of any representation or warranty, or other violation of the terms of the TERMS or any User Agreement.

Except as otherwise described in the posted privacy policy or other agreement on the Website at which you provide Your Upload Information, Your Upload Information will be treated as non-confidential and non-proprietary and Susan Tessman will not be liable for any use or disclosure to anyone, including but not limited to claimed intellectual property owners. When you upload Your Upload Information via the Website, you irrevocably grant to: (i) Susan Tessman, affiliates, and partners; and (ii) users of the Website a non-exclusive, worldwide, royalty-free license containing, without limitation, all right, title and interest in Your Upload Information. You further agree that Susan Tessman, affiliates, and partners and the directors, officers, employees, licensees and other representatives of each of them will have the unfettered right throughout the universe, in perpetuity, without any credit or compensation to you, to use, reuse, modify, alter, display, archive, publish, sub-license, perform, reproduce, disclose, transmit, broadcast, post, sell, translate, create derivative works of, distribute and use for advertising, marketing, publicity and promotional purposes, any of Your Upload Information or portions of Your Upload Information, and your name, voice, likeness, biographical information, logos, marks, trade names or other identifying information, or other information provided or obtained, in any form, media, software or technology of any kind now known or developed in the future for any purposes whatsoever including, without limitation, for purpose of advertising or promoting Susan Tessman, her products and/or services or developing, manufacturing and marketing products using Your Upload Information. Without limiting the foregoing, the licenses you grant Susan Tessman in these TERMS permit her to publicly display, publicly perform, distribute, and reproduce Your Upload Information, in whole or in part, alone or with other material on or via the Internet, including without limitation, any authorized online and offline receiving and playback devices, by any means of transmission now known or hereafter devised. You hereby waive any moral rights you may have in and to any of Your Upload Information, even if such material is altered or changed in a manner not agreeable to you.

You acknowledge and agree that Susan Tessman may have access to, create or have created literary materials and ideas which may be similar or identical to Your Upload Information in theme, idea, plot or format or in other respects. Accordingly, and without limiting other provisions in these TERMS, by submitting Your Upload Information, you agree to waive any claims you may have against Susan Tessman for copyright infringement, breach of confidence, theft of ideas, violation of trade secrets or any other action in contract or tort.

If Your Upload Information is submitted to Susan Tessman on physical media, such media will not be returned and will become the property of Susan Tessman.

DISCLAIMER OF WARRANTIES

ALL INFORMATION CONTAINED ON THE WEBSITE, INCLUDING INFORMATION RELATING TO MEDICAL AND HEALTH CONDITIONS, PRODUCTS AND TREATMENTS, IS FOR INFORMATIONAL PURPOSES ONLY, AND NOT AS MEDICAL ADVICE. SUCH INFORMATION IS OFTEN PRESENTED IN SUMMARY OR AGGREGATE FORM AND IS NOT MEANT TO BE A SUBSTITUTE FOR THE ADVICE PROVIDED BY YOUR PHYSICIAN OR OTHER MEDICAL PROFESSIONAL(S) OR FOR ANY INFORMATION CONTAINED ON OR IN ANY PRODUCT PACKAGING OR LABELS. YOU SHOULD NOT USE THE INFORMATION CONTAINED ON THE WEBSITE FOR THE DIAGNOSIS OF A HEALTH PROBLEM OR THE PRESCRIPTION OF MEDICATION.

YOU SHOULD ALWAYS CONSULT YOUR PHYSICIAN AND MEDICAL ADVISORS BEFORE PURCHASING OR USING ANY PRODUCTS, SERVICES OR INFORMATION AVAILABLE ON THE WEBSITE. IN ADDITION, YOU SHOULD CAREFULLY READ ALL INFORMATION PROVIDED BY THE MANUFACTURERS OF THE PRODUCTS OR IN THE PRODUCT PACKAGING AND LABELS BEFORE USING ANY PRODUCT PURCHASED FROM THE WEBSITE. INFORMATION PROVIDED ON THE WEBSITE AND THE USE OF ANY PRODUCTS OR SERVICES PURCHASED FROM THE WEBSITE BY YOU DOES NOT CONSTITUTE A DOCTOR-PATIENT RELATIONSHIP BETWEEN YOU AND ANY OF THE PHYSICIANS AFFILIATED WITH THE WEBSITES. INFORMATION AND STATEMENTS REGARDING DIETARY SUPPLEMENTS HAVE NOT BEEN EVALUATED BY HEALTH CANADA AND ARE NOT INTENDED TO DIAGNOSE, TREAT, CURE OR PREVENT ANY DISEASE.

THE WEBSITE, INCLUDING, WITHOUT LIMITATION, ALL CONTENT, SOFTWARE, AND FUNCTIONS MADE AVAILABLE ON OR ACCESSED THROUGH OR SENT FROM THE WEBSITE, IS PROVIDED “AS IS,” “AS AVAILABLE, ” AND “WITH ALL FAULTS.” TO THE FULLEST EXTENT PERMISSIBLE BY LAW, SUSAN TESSMAN AND AFFILIATES MAKE NO REPRESENTATION OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER (EXPRESS OR IMPLIED) ABOUT: (A) THE WEBSITE; (B) THE CONTENT AND SOFTWARE ON AND PROVIDED THROUGH THE WEBSITE; (C) THE FUNCTIONS MADE ACCESSIBLE ON OR ACCESSED THROUGH THE WEBSITE; (D) THE MESSAGES AND INFORMATION SENT FROM THE WEBSITE BY USERS; (E) ANY PRODUCTS OR SERVICES OFFERED VIA THE WEBSITE OR HYPERTEXT LINKS TO THIRD PARTIES; AND/OR (F) SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE WEBSITE OR ANY LINKED SITE. SUSAN TESSMAN DOES NOT WARRANT THAT THE WEBSITE, ANY OF THE WEBSITE’S FUNCTIONS OR ANY CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; OR THAT THE WEBSITE OR THE SERVERS THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

SUSAN TESSMAN DOES NOT WARRANT THAT YOUR ACTIVITIES OR USE OF THE WEBSITE IS LAWFUL IN ANY PARTICULAR JURISDICTION AND, IN ANY EVENT, SUSAN TESSMAN SPECIFICALLY DISCLAIMS SUCH WARRANTIES. YOU UNDERSTAND THAT BY USING ANY OF THE FEATURES OF THE WEBSITE, YOU ACT AT YOUR OWN RISK, AND YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE WEBSITE OR THE CONTENT. FURTHER, SUSAN TESSMAN AND AFFILIATES DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, WITHOUT LIMITATION, NONINFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND TITLE.

SUSAN TESSMAN OR AFFILIATES OR THE DIRECTORS, OFFICERS, EMPLOYEES, OR OTHER REPRESENTATIVES OF EACH OF THEM SHALL NOT BE LIABLE FOR THE USE OF THE WEBSITE INCLUDING, WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS CONTAINED THEREIN. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO THE EXTENT SUCH JURISDICTION’S LAW IS APPLICABLE TO THIS AGREEMENT.

PRICE AND AVAILABILITY INFORMATION ON THE WEBSITE ARE SUBJECT TO CHANGE WITHOUT NOTICE.

DISCLAIMERS/LIMITATION OF LIABILITY

YOU UNDERSTAND AND AGREE THAT SUSAN TESSMAN LIMITS HER LIABILITY IN CONNECTION WITH YOUR USE OF THE WEBSITE AS SET FORTH BELOW: UNDER NO CIRCUMSTANCES SHALL SUSAN TESSMAN, OR AFFILIATES OR THE DIRECTORS, OFFICERS, EMPLOYEES, OR OTHER REPRESENTATIVES OF EACH OF THEM (COLLECTIVELY, THE “SUSAN TESSMAN AND INDIVIDUALS”) BE LIABLE TO YOU FOR ANY LOSS OR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY, ECONOMIC, PUNITIVE, OR CONSEQUENTIAL DAMAGES THAT ARE DIRECTLY OR INDIRECTLY RELATED TO (1) THE WEBSITE, THE CONTENT, OR YOUR UPLOAD INFORMATION; (2) THE USE OF, INABILITY TO USE, OR PERFORMANCE OF THE WEBSITE; (3) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY COMPANY OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR USE OF THE WEB SITE OR CONTENT;(4) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OWNERS; (5) ANY ERRORS OR OMISSIONS IN THE WEBSITE’S TECHNICAL OPERATION, EVEN IF FORESEEABLE OR EVEN IF SUSAN TESSMAN AND INDIVIDUALS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, STRICT LIABILITY TORT (INCLUDING, WITHOUT LIMITATION, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, OR THEFT OR DESTRUCTION OF THE WEB SITE). IN NO EVENT WILL SUSAN TESSMAN AND INDIVIDUALS BE LIABLE TO YOU OR ANYONE ELSE FOR LOSS OR INJURY, INCLUDING, WITHOUT LIMITATION, DEATH OR PERSONAL INJURY. SOME PROVINCES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL SUSAN TESSMAN AND INDIVIDUALS TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION EXCEED ONE HUNDRED DOLLARS ($100).

SUSAN TESSMAN AND INDIVIDUALS ARE NOT RESPONSIBLE FOR ANY DAMAGE TO ANY USER’S COMPUTER, MODEM, CELL PHONE, HARDWARE, SOFTWARE, OR OTHER EQUIPMENT OR TECHNOLOGY INCLUDING, WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION.

YOUR ACCESS TO AND USE OF THIS WEBSITE IS AT YOUR RISK. IF YOU ARE DISSATISFIED WITH THE WEBSITE OR ANY OF THE CONTENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESSING AND USING THE WEBSITE OR THE CONTENT.

YOU RECOGNIZE AND CONFIRM THAT IN THE EVENT YOU INCUR ANY DAMAGES, LOSSES OR INJURIES THAT ARISE OUT OF SUSAN TESSMAN’S ACTS OR OMISSIONS, THE DAMAGES, IF ANY, CAUSED TO YOU ARE NOT IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION PREVENTING ANY EXPLOITATION OF ANY WEBSITE, PROPERTY, PRODUCT, PROGRAM, TELEVISION SHOW, MOTION PICTURE OR OTHER AUDIO/VISUAL CONTENT OWNED OR CONTROLLED BY SUSAN TESSMAN, AND/OR AFFILIATES OR YOUR UPLOAD INFORMATION, AND YOU WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING, EXHIBITION OR EXPLOITATION OF ANY COMPANY WEBSITE, PROPERTY, PRODUCT, PROGRAM, OR OTHER AUDIO/VISUAL CONTENT OR YOUR UPLOAD INFORMATION OR ANY AND ALL ACTIVITIES OR ACTIONS RELATED THERETO.

BY ACCESSING THE WEBSITE, I UNDERSTAND THAT I MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED.

INDEMNITY

YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS SUSAN TESSMAN AND INDIVIDUALS WITH RESPECT TO ANY AND ALL COSTS, CLAIMS, DEMANDS, INVESTIGATIONS, LIABILITIES, LOSSES, DAMAGES, JUDGMENTS, SETTLEMENTS, COSTS AND EXPENSES, INCLUDING SOLICITORS’ FEES ARISING OUT OF OR IN CONNECTION WITH THIS TERMS, INCLUDING, WITHOUT LIMITATION: (A) YOUR USE OF THE WEBSITE; (B) YOUR VIOLATION OF THESE TERMS OR ANY LAW, RULE OR REGULATION; (C) YOUR USE OF THE CONTENT; OR (D) ANY OF YOUR UPLOAD INFORMATION. YOU WILL COOPERATE AS FULLY AND REASONABLY AS REQUIRED BY SUSAN TESSMAN IN THE DEFENSE OF ANY CLAIM. NOTWITHSTANDING THE FOREGOING, SUSAN TESSMAN RETAINS THE EXCLUSIVE RIGHT TO SETTLE, COMPROMISE AND PAY ANY AND ALL CLAIMS, DEMANDS, PROCEEDINGS, SUITS, ACTIONS OR CAUSES OF ACTIONS WHICH ARE BROUGHT AGAINST SUSAN TESSMAN HEREIN UNDER THE TERMS AND PROVISIONS OF THIS SECTION 16 AND IN NO EVENT SHALL YOU SETTLE ANY SUCH CLAIM WITHOUT SUSAN TESSMAN’S PRIOR WRITTEN APPROVAL.

GOVERNING LAW

THESE TERMS AND THE INTERPRETATION OF THESE TERMS SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE PROVINCE OF BRITISH COLUMBIA, WITHOUT REGARD TO ITS CONFLICTS OF LAWS RULES AND SPECIFICALLY WILL NOT BE GOVERNED BY THE UNITED NATIONS CONVENTIONS ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS, IF OTHERWISE APPLICABLE.

JURISDICTION AND VENUE

You waive all rights to trial by jury in any action or proceeding instituted in connection with these TERMS and/or the Website. Any controversy or claim arising out of or relating to these TERMS and/or the Website shall be settled by binding arbitration in accordance with the commercial arbitration rules of the Canadian Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in the Province of British Columbia, in the City of Langley, and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Any matters or proceedings that are not subject to arbitration as set forth in this Section 18 of these TERMS and/or for entering any judgment on an arbitration award, shall take place in the Province of British Columbia, in the City of Langley. You waive the defense of forum non conveniens.

MISCELLANEOUS

You are solely responsible for compliance with applicable laws, rules, and regulations in connection with your use of the Website and the Content, including, without limitation, those governing your transmission or use of any software or data. These TERMS and any applicable end user license or similar agreements contain the sole and entire agreement between the parties with respect to the Website, the Content and Your Upload Information and supersedes any and all other prior written or oral agreements between them. The section titles in these TERMS are for your convenience only and do not have any legal or contractual effect. You agree that these TERMS will not be construed against myself by virtue of having drafted these TERMS. If any provision of these TERMS shall be held invalid or unenforceable by any court of competent jurisdiction or as a result of future legislative action, such holding or action shall be strictly construed and shall not affect the validity or effect of any other provision of these TERMS. No waiver on the part of Susan Tessman of any of these TERMS will be of any force or effect unless made in writing and signed by Susan Tessman.

TERMINATION

You understand and agree that Susan Tessman will determine your compliance with these TERMS in her sole discretion. Susan Tessman reserves the right to deny access to all or part of the Website and to deny access to any person in her sole discretion without notice or liability of any kind. Any violation of these TERMS may be referred to law enforcement authorities. Upon termination of your user account or access to the Website, or upon demand by Susan Tessman, you must destroy all materials obtained from this Website and all related documentation.

These terms of service were last updated on August 30, 2015.

Copyright 2015 Susan Tessman. All rights reserved.