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TERMS AND CONDITIONS
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Terms and Conditions
These terms and conditions (“Agreement”) set forth the general terms and conditions of your use of the pearlwoman.org website (“Website” or “Service”) and any of its related products and services (collectively, “Services”). This Agreement is legally binding between you (“User,” “you” or “your”) and this Website operator (“Operator,” “we,” “us” or “our”).
By accessing and using the Website and Services, you acknowledge that you have read, understood, and agree to be bound by the terms of this Agreement. If you are entering into this Agreement on behalf of a business or other legal entity, you represent that you have the authority to bind such entity to this Agreement, in which case the terms “User,” “you” or “your” shall refer to such entity.
If you do not agree with the terms and conditions of this Agreement or you do not have such authority, you must not accept this Agreement and may not access and use the Website and Services. You acknowledge that this Agreement is a contract between you and the Operator, even though it is electronic and is not physically signed by you, and it governs your use of the Website and Services.
Link to Other Resources
Although our Website and Services may link to other resources (such as websites, mobile applications, etc.), we are not, directly or indirectly, implying any affiliation, endorsement, sponsorship, association or approval with any linked resource specifically stated herein.
We are not responsible for evaluating or examining, neither do we warrant the offerings of, any businesses or individuals or the Content of their resources. We do not accept liability caused or responsibility for the actions, products, services, and Content of any other third parties.
You should carefully review the legal statements and other conditions of use of any resource you access through a link on the Website and Services. Your linking to any other off-site resources is at your own risk.
In addition to other terms outlined in this Agreement, you are prohibited from using the Website and Services or Content:
(a) For any illegal or unlawful purpose;
(b) Soliciting others to participate or perform illegal/unlawful acts
(c) To violate any local, state, provincial, federal and international regulations, rules, laws, or local ordinances;
(d) To violate or infringe upon our intellectual property rights or the intellectual property rights of others;
(e) To harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
(f) To submit any information that is misleading or false
(g) To upload or transmit viruses or any other types of malicious code that will or may be used in any way that will affect the functionality or operation of the Website and Services, third party products and services, or the Internet;
(h) To spam, phish, pharm, pretext, spider, crawl, or scrape;
(i) For any obscene or immoral purpose; or
(j) To interfere with or circumvent the Website and Services’ security features, third-party products and services, or the Internet. We reserve the right to terminate your use of the Website and Services for violating any of the prohibited uses.
Intellectual Property Rights
“Intellectual Property Rights” means all present and future rights conferred by statute, common law or equity in or in relation to any copyright and related rights, trademarks, designs, patents, inventions, goodwill and the right to sue for passing off, rights to inventions, rights to use, and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, rights to claim priority from, such rights and all similar or equivalent rights or forms of protection and any other results of intellectual activity which subsist or will subsist now or in the future in any part of the world.
This Agreement does not transfer to you or any intellectual property owned by the Operator or third parties, and all rights, titles, and interests in and to such property will remain (as between the parties) solely with the Operator. All trademarks, service marks, graphics, and logos used in connection with the Website and Services are trademarks or registered trademarks of the Operator or its licensors. Other trademarks, service marks, graphics, and logos used in connection with the Website and Services may be the trademarks of other third parties.
Your use of the Website and Services grants you no right or license to reproduce or otherwise use any of the Operator or third-party trademarks.
Limitation of Liability
To the fullest extent permitted by applicable law, in no event will the Operator, its affiliates, directors, officers, employees, agents, suppliers, or licensors be liable to any person for any indirect, incidental, special, punitive, cover, or consequential damages (including, without limitation, damages for lost profits, revenue, sales, goodwill, use of Content, impact on business, business interruption, loss of anticipated savings, loss of business opportunity) however caused, under any theory of liability, including, without limitation, contract, tort, warranty, breach of statutory duty, negligence or otherwise, even if the liable party has been advised as to the possibility of such damages or could have foreseen such damages.
To the maximum extent permitted by applicable law, the aggregate liability of the Operator and its affiliates, officers, employees, agents, suppliers, and licensors relating to the services will be limited to an amount greater than one dollar or any amounts actually paid in cash or through other methods of payment by you to the Operator for the prior one month period prior to the first event or occurrence giving rise to such liability. The limitations and exclusions also apply if this remedy does not fully compensate you for any losses or fails of its essential purpose.
You agree to indemnify and hold the Operator and its affiliates, directors, officers, employees, agents, suppliers, and licensors harmless from and against any liabilities, losses, damages, or costs, including reasonable attorneys’ fees, incurred in connection with or arising from any third party allegations, claims, actions, disputes, or demands asserted against any of them as a result of or relating to your Content, your use of the Website and Services or any willful misconduct on your part.
All rights and restrictions contained in this Agreement may be exercised and will remain applicable and binding only to the extent that they do not violate any applicable laws and are intended to be limited to the extent necessary so that they will not render this Agreement illegal, invalid or unenforceable.
If any provision or portion of any provision of this Agreement shall be held to be illegal, invalid, or unenforceable by a court of competent jurisdiction, the parties intend that the remaining provisions or portions thereof shall constitute their agreement concerning the subject matter hereof. All such remaining portions or provisions thereof shall remain in full force and effect.
The formation, interpretation, and performance of this Agreement and any disputes arising out of it shall be governed by the substantive and procedural laws of Kentucky, United States without regard to its rules on conflicts or choice of law and, to the extent applicable, the laws of United States. The exclusive jurisdiction and venue for actions related to the subject matter hereof shall be the courts located in Kentucky, United States, and you hereby submit to the personal jurisdiction of such courts.
You hereby waive any right to a jury trial in any proceeding arising out of or related to this Agreement. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.
Changes and Amendments
We reserve the right to modify this Policy or its terms relating to the Website and Services from time to time at our discretion. We will notify you of any material changes to how we treat Personal Information. When we do, we will revise the updated date at the bottom of this page. We may also provide notice to you in other ways in our discretion, such as through contact information you have provided. Any updated version of this Policy will be effective immediately upon posting the revised Policy unless otherwise specified. Your continued use of the Website and Services after the effective date of the revised Policy (or such other act specified at that time) will constitute your consent to those changes. However, without your permission, we will not use your Personal Information in a manner materially different than what was stated at the time your Personal Information was collected.
Acceptance of This Policy
You acknowledge that you have read this Policy and agree to all its terms and conditions. By accessing and using the Website and Services, you agree to be bound by this Policy. If you do not agree to abide by the terms of this Policy, you are not authorized to access or use the Website and Services.
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