App Use: Warning and Limitations
Effective Date: May 27, 2021
LIONESS LACTATION, LLC’s products are intended solely as a reference tool for practicing and experienced healthcare personnel. Laypersons should not rely on any information presented in this database for self-diagnosis or self-treatment, but should ALWAYS consult a physician, go to the nearest emergency room, or contact local emergency medical services for any medical problem.
LIONESS LACTATION, LLC, has not independently investigated the photos and diagnosis supplied by such professionals, however, and cannot guarantee its accuracy. The information contained is not complete and users cannot fully rely on it for treatment or decision-making. Users must therefore rely on their experience and judgment when interpreting any of the information contained herein to an actual patient care situation. In addition, LIONESS LACTATION, LLC, urges users to consult additional reference sources and other healthcare professionals concerning treatments presented herein.
Although LIONESS LACTATION, LLC, believes photos, treatments, procedures, or diagnosis to be accurate, LIONESS LACTATION, LLC, MAKES NO REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY OR OF FITNESS FOR A PARTICULAR PURPOSE.
Due to space limitations and the design of this app, it is not possible to present detailed explanations or to present alternative treatments or points of view. The reader is therefore cautioned to:
Apply his or her medical judgment and experience to determine whether or not recommended treatments, diagnoses or actions are appropriate for any specific patient.
Keep current with knowledge in their field of expertise so that he or she is aware of changes in standard treatment and actions.
Use other, more detailed sources of information such as standard textbooks, poison control centers, consultants, etc., whenever he or she has any doubt whatsoever with regard to the recommended treatments or information or photos presented.
Effective Date: May 27, 2021
BY INSTALLING, COPYING, OR OTHERWISE USING LIONESS LACTATION SOFTWARE PRODUCTS, YOU AGREE TO BE BOUND BY ALL THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT.
LIONESS LACTATION SOFTWARE License Agreement:
THIS LIONESS LACTATION PRODUCT SOFTWARE LICENSE AGREEMENT ("AGREEMENT") IS A LEGAL AGREEMENT BETWEEN YOU AND LIONESS LACTATION, LLC, FOR THE LIONESS LACTATION, LLC, PRODUCT DOWNLOADED AND/OR ACCESSED VIA THE WEB ("APP"). READ THIS AGREEMENT CAREFULLY BEFORE USING THIS PRODUCT. THIS LICENSE AGREEMENT IS PROOF OF YOUR LICENSE TO EXERCISE THE RIGHTS GRANTED HEREIN AND MUST BE RETAINED BY YOU. BY INSTALLING, COPYING, OR OTHERWISE USING THIS APP YOU AGREE TO BE BOUND BY ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT.
Grant of License
LIONESS LACTATION, LLC, agrees to grant you a non-exclusive, non-transferable license to use the APP for the duration of your subscription period and for the following purposes only:
Software. You may install and/or use one copy of the APP, for the same operating system, on a single computer or a single handheld computing device. The primary user of the computer on which the APP is installed may make a second copy for backup purposes only.
Storage/Network Use. If downloading the software, you may install and use one copy of the APP on a storage device such as a network server, used only to install or run the APP on your other computers over an internal network; however you must acquire and dedicate a license for each separate computer on which the APP is installed or run from the storage device. A license for the APP may not be shared or used concurrently on different computers.
Site License Pack. If you have acquired this Agreement as a Site License Pack, you may make the number of additional copies of the computer software portion of the APP authorized on the printed copy of this AGREEMENT and you may use each copy in the manner specified above.
Any other copying of the Website and/or APP, including modifications of the APP is expressly forbidden. You may be held legally responsible for any copyright infringement that is caused or encouraged by your failure to comply with the terms of this License.
The APP software accompanying this agreement is an original work of authorship in electronic form. All rights, including all copyrights to the APP are owned by LIONESS LACTATION, LLC, Except in accordance with the specific terms of this License Agreement, the SOFTWARE APP may not be reproduced in any form without the prior written consent of LIONESS LACTATION, LLC, 3425 Bayside Lakes Blvd., Suite 103-1032, Palm Bay, Florida 32909 USA.
Description of Other Rights and Limitations
Transfer Restrictions: The APP is licensed only to you and may not be transferred to anyone without LIONESS LACTATION's prior written consent. Any authorized transfer of the APP shall be subject to the provisions of this Agreement. In no event may you transfer, assign, rent, lease, or sell the APP on a permanent or temporary basis except as expressly provided herein.
Use Restrictions: You may physically transfer the APP from one computer to another provided that the APP is used on only one computer at a time. You may not electronically transfer the APP from one computer to another over a network. You may not distribute copies of the APP or the accompanying manuals to others. You may not modify, adapt, translate, reverse engineer, decompile, disassemble, or create derivative works based upon the Software without LIONESS LACTATION's consent.
All of the LIONESS LACTATION, LLC, trademarks, logos, and service marks (collectively the "Trademarks") displayed on the Site are registered and unregistered Trademarks used by LIONESS LACTATION, LLC, and its subsidiaries and affiliates. Marks of third parties may appear on this Site to refer to those companies' goods and services and are the property of their respective owners. Nothing contained on the Site should be construed as granting any license or right to use any mark displayed on the Site without the written permission of LIONESS LACTATION, LLC, or such third party that may own the marks displayed on the Site. LIONESS LACTATION trademarks include, but are not limited to, the following: The Melanated Mammary Atlas ™ and Normalize Brown Breasts ™.
LIONESS LACTATION, LLC, may create, from time to time, an updated version of the SOFTWARE APP. Access to updated information via the Internet and through synchronization is included with the download of the app for the duration of the access period. This Agreement and License therein contained will be applicable to such updated version of the APP. LIONESS LACTATION, LLC, shall notify you of the updated version of the APP and, upon your request, LIONESS LACTATION, LLC, shall make available to you the updated software version of the APP on an approval basis. This Agreement and License therein contained will be applicable to such updated version of the Website and/or downloadable APP.
Disclaimer of Warranty and Limited Warranty
THE APP AND ACCOMPANYING MANUAL ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. FURTHER, LIONESS LACTATION, LLC, DOES NOT WARRANT, GUARANTEE, OR MAKE ANY REPRESENTATIONS REGARDING THE USE, OR THE RESULTS OF THE USE, OF THE SOFTWARE OR THE ACCOMPANYING MANUAL IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, CURRENTNESS, OR OTHERWISE. THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF THE SOFTWARE.
LIONESS LACTATION'S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY SHALL BE LIMITED TO THE REPAIR OR REPLACEMENT OF THE SOFTWARE APP THAT DOES NOT MEET LIONESS LACTATION'S LIMITED WARRANTY AND WHICH IS RETURNED TO LIONESS LACTATION, LLC, WITH A COPY OF YOUR RECEIPT. THE LIMITED WARRANTY IS VOID IF FAILURE OF THE DATABASE HAS RESULTED FROM ACCIDENT, ABUSE, OR MISAPPLICATION.
THE ABOVE ARE THE ONLY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, THAT ARE MADE BY LIONESS LACTATION, LLC. NO ORAL OR WRITTEN ADVICE OR INFORMATION GIVEN BY LIONESS LACTATION, LLC, CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY, AND YOU MAY NOT RELY UPON SUCH ADVICE OR INFORMATION. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE.
NEITHER LIONESS LACTATION, LLC, NOR ANYONE ELSE WHO HAS BEEN INVOLVED IN THE CREATION, PRODUCTION, OR DELIVERY OF THE SOFTWARE OR THE ACCOMPANYING MANUAL SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, AND THE LIKE, ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE EVEN IF LIONESS LACTATION, LLC, HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CONSEQUENTIAL DAMAGES, AND, THUS, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
This Agreement is effective until terminated by the expiration of your subscription. This Agreement will automatically terminate without notice from LIONESS LACTATION, LLC, if you fail to comply with any provision of this Agreement.
This Agreement shall be governed by the laws of the State of Florida.
This Agreement is the entire agreement between you and LIONESS LACTATION, LLC, and supersedes any other communications or advertising with respect to the SOFTWARE APP.
If any provision of the Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect.
Effective Date: June 14, 2021
Unauthorized use of LIONESS LACTATION's app, website, and systems, including, but not limited to, unauthorized entry into LIONESS LACTATION's systems, misuse of passwords or misuse of any other information, is strictly prohibited. You may not use this website in any manner that could damage, disable, overburden, or impair any LIONESS LACTATION, LLC, site or service or interfere with any other party's use and enjoyment of any LIONESS LACTATION, LLC, site or service. You may not attempt to gain unauthorized access to any LIONESS LACTATION, LLC, site or service, computer systems or networks connected to any LIONESS LACTATION, LLC, site or service, through hacking, password mining or any other means. You agree that you will not engage in any activities related to this website that are contrary to applicable laws or regulations.
LIONESS LACTATION, LLC, reserves the right, in its sole discretion, without any obligation and without any notice requirement, to change, improve or correct the information, materials and descriptions on this website and to suspend and/or deny access to this website for scheduled or unscheduled maintenance, upgrades, improvements or corrections. The information and materials on this website may contain typographical errors or inaccuracies. Any dated information is published as of its date only, and LIONESS LACTATION, LLC, does not undertake any obligation or responsibility to update or amend any such information. LIONESS LACTATION, LLC, may discontinue or change any product or service described in or offered on this website at any time.
The parties referred to in this Agreement shall be defined as follows:
Company, Us. We: The Company, as the creator, operator, and publisher of the Website, makes the Website, and the Services on it, available to users. Lioness Lactation, LLC, Company, Us, We, Our, Ours and other first-person pronouns will refer to the Company, as well as all employees and affiliates of the Company
You, the User, the Client: You, as the user of the Website, will be referred to throughout this Agreement with second-person pronouns such as You, Your, Yours, or as User or Client.
Parties: Collectively, the parties to this Agreement (the Company and You) will be referred to as Parties.
2. ASSENT AND ACCEPTANCE
By using the Website, You warrant that You have read and reviewed this Agreement and that You agree to be bound by it. If You do not agree to be bound by this Agreement, please leave the Website immediately. The Company only agrees to provide use of the App or Website and Services to You if You assent to this Agreement.
3. ACCESS RESTRICTIONS
You must be at least eighteen (18) years of age and a licensed medical professional or a current medical or Allied Health student to use the App or Website or any Services contained herein. By using the App or Website, You represent and warrant that You are at least 18 years of age, you hold a medical license or enrolled in a professional program as a medical or Allied Health student, and may legally agree to this Agreement. The Company assumes no responsibility or liability for any misrepresentation.
4. USER OBLIGATIONS
Information You Are Prohibited from Sharing with Others. As a Licensee, you understand and acknowledge that our Programs, Products and Services and the Program Materials have been created, developed or obtained by us through the investment of significant time, effort and expense, and that this information is a valuable, special and unique asset of ours which needs to be protected from improper and/or unauthorized use.
When you download the app or consume any of our content, you agree that you are clearly and expressly prohibited from doing the following:
You will not copy, share or steal our App, Programs, Products, Services, or Content Materials, or any parts of them.
You will not in any way use, copy, adapt or represent any of our App, Programs, Products, Services, or Content Materials in any way as if they are yours or created by you.
You will not engage in improper and/or unauthorized use of our App, Programs, Products, Services, or Content Materials. Improper and unauthorized use includes but is not limited to modifying, copying, reproducing, republishing, uploading, posting, transmitting, translating, selling, creating derivative works, exploiting, or distributing in any manner or medium (including by email or other electronic means) any Materials or any other information accessed or downloaded through our App, Programs, Products, Services, or Content Materials, or any other communications provided by us for your own personal use, business/commercial use or in any way that earns you money.
You will not duplicate, share, trade, sell, or otherwise distribute our App, Programs, Products, Services, or Content Materials to any other person, for their personal use, business/commercial use or in any way that earns them money, whether it was known to you or not at the time that you shared the information that their intention was to use the Materials for their own personal use or business/commercial use. This means you cannot share or sell or any part of our App, Programs, Products, Services, or Content Materials to someone else so they can copy and/or use them for their own personal use, business/commercial use or in any way that earns them money. You are the only one granted a limited license to use our App, Programs, Products, Services, or Content Materials.
You will not violate our intellectual property rights, including copyright and trademark rights. Downloading, printing, or otherwise using our App, Programs, Products, Services, or Content Materials for your own training purposes in no way gives you any copyright, trademark, intellectual property or ownership rights of our App, Programs, Products, Services, or Content Materials.
You will not reprint or republish any part of our App, Programs, Products, Services, or Content Materials for publication or compilation into your own products, programs, services or program materials for your own personal use or business/commercial use or in any way that earns you money.
You will not use our App, Programs, Products, Services, or Content Materials in a manner that constitutes an infringement of our rights or in a manner that has not been authorized by us through our prior written consent.
You agree and understand that prohibited use, improper and/or unauthorized use may give rise to a civil claim for damages and/or be a criminal offense.
Limitations on Linking and Framing. You may establish a hypertext link to our App, Website or Content so long as the link does not state or imply any sponsorship, endorsement by, or ownership by in our App, Website or Content and does not state or imply that we are have sponsored, endorsed or have ownership rights in your website. However, you may not frame or inline link our Content without our written permission.
5. ACCEPTABLE USE
By posting or submitting any material on or through our App, Programs, Products, Services, or Content Materials, such as comments, posts, photos, images or videos or other contributions, you are representing that you are the owner of all such materials and you are at least eighteen (18) years old and hold a medical license or are a medical or Allied Health student.
When you submit to us or post any comment, photo, image, video or any other submission for use on or through our App and Website, you are granting us, and anyone authorized by us, an unlimited, royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide license to use, copy, modify, transmit, sell, exploit, create derivative works from, distribute, and/or publicly perform or display such contributions, in whole or in part, in any manner or medium, now known or developed in the future, for any purpose, and granting us the right to make it part of our current or future App, Programs, Products, Services, and/or Content Materials. This right includes granting us use or exploitation of proprietary rights or intellectual property rights like copyright, trademark, service mark, trade secrets, patent rights or any other of your intellectual property rights under any relevant jurisdiction without any further permission from you or compensation by us to you.
You also grant us, and anyone authorized by us, the right to identify you as the author of any of your comments, posts, photos, images, videos or other contributions by name, email address, or screen name. You acknowledge that we have the right but not the obligation to use and display any contributions from you of any kind and that we may elect to cease the use and display of any such contributions on our App, Programs, Products, Services, and/or Content Materials at any time for any reason whatsoever.
User Conduct. You are agreeing that you will not use our App, Programs, Products, Services, or Content Materials in any way that causes or is likely to cause the App, Programs, Products, Services, or Content Materials, or access to them either to be interrupted, damaged or impaired in any way. You understand that you are solely responsible for all electronic communications and content sent from your computer to this App, Website and its Content and to us.
You must use the App, Programs, Products, Services, or Content Materials for lawful purposes only. You agree that you will not use our App, Programs, Products, Services, or Content Materials in any of the following ways:
For fraudulent purposes or in connection with a criminal offence or otherwise carry out any unlawful activity;
To send, use or re-use any material that is illegal, offensive, abusive, indecent, harmful, defamatory, obscene or menacing, threatening, objectionable, invasive of privacy, in breach of confidence, infringing of any intellectual property rights, or that may otherwise injure others;
To send, negatively impact, or infect our App, Programs, Products, Services, or Content Materials with software viruses or any other harmful or similar computer code designed to adversely affect the operation of any computer software or hardware, commercial solicitation, chain letters, mass mailings or any spam, whether intended or not;
To cause annoyance, inconvenience or needless anxiety;
To impersonate any third party or otherwise mislead as to the origin of your contributions; or
6. PROPRIETARY RIGHTS
All right, title and interest in the app or website and any content contained herein is the exclusive property of LIONESS LACTATION, LLC, except as otherwise stated. Unless otherwise specified, the app or website is for your personal and non-commercial use only. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, frame, create derivative works from, transfer, or otherwise use in any other way for commercial or public purposes in whole or in part any information, software, products or services obtained from the app or website, except for the purposes expressly provided herein, without LIONESS LACTATION's prior written approval. If you copy or download any information or software from the app or website, you agree that you will not remove or obscure any copyright or other notices or legends contained in any such information.
LIONESS LACTATION, LLC, the logo, products and service names, logotypes, icons, images and other LIONESS LACTATION, LLC, copyrights, trademarks and service marks referenced herein are copyrights, trademarks and service marks of LIONESS LACTATION, LLC. The names of other companies and third-party products or services mentioned herein may be the trademarks or service marks of their respective owners. You are prohibited from using any marks for any purpose including, but not limited to use as metatags on other pages or sites on the World Wide Web without the written permission of LIONESS LACTATION, LLC, or such third party, which may own the marks.
Request for Permission to Use or Submit Content. Any request for written permission to use our App, Programs, Products, Services, or Content Materials, in whole or in part, or any other intellectual property or property belonging to us (“Content”) or to submit any media, should be made BEFORE you wish to use it by completing the “Contact Us” form on the App or Website, or by sending an e-mail to firstname.lastname@example.org.
If you are granted permission by us, you agree to use the specific Content that we allow and ONLY in the ways for which we have given you our written permission.
If you choose to use the content in ways that we do not specifically give you written permission, you agree now that you will be treated as if you had copied, duplicated and/or stolen such Content from us, and you consent to immediately stop using such Content and to take whatever actions as we may request and by the methods and in the time frame that we prescribe to protect our intellectual property and ownership rights in our App, Programs, Products, Services, or Content Materials.
7. CONFIDENTIAL INFORMATION
What We Do with Confidential Information. We request and require various personal data and/or Confidential Information to understand your needs and provide you with better services. In addition, we may use such data and Confidential Information for the following reasons: (1) for internal record keeping, (2) to improve our App, Programs, Products, Services, or Content Materials, (3) to periodically send promotions about new Programs, Products or Services or other special offers from which you may unsubscribe at any time, (4) for aggregate, non-identifiable data for research purposes, (5) to customize the respective App, Programs, Products, Services, or Content Materials you view, download, or use according to your interests and/or (6) for support or communication related to your App, Programs, Products, Services, or Content Materials.
You have the right to terminate your use of or participation in our App, Programs, Products, Services, or Content Materials at any time by sending an e-mail to email@example.com.
We reserve the right in our sole discretion to refuse or terminate your access to our App, Programs, Products, Services, or Content Materials, in full or in part, at any time, without notice, by sending you an e-mail to the e-mail address you provided upon download of the App, Programs, Products, Services, or Content Materials.
In the event of cancellation or termination by either of us, you will have 24 hours to pay any and all remaining payments or balances that are owed to us.
Upon termination by either of us, we reserve the right to immediately refuse or terminate your access to any aspect of our App, Programs, Products, Services, or Content Materials, including but not limited to our Website, private forum, e-mail communications, social media groups, live webinars or conference calls, or any other method of communications related to our App, Programs, Products, Services, or Content Materials at any time without notice and in our sole discretion.
When you view, download or use our App, Programs, Products, Services, or Content Materials we may seek and collect personal data and information including but not limited to your name, e-mail address, phone number, demographic information, preferences, interests, or other personally-identifying information (“Confidential Information”).
By providing such Confidential Information to us, you grant us permission to use and store such Confidential Information. We, in turn, will use our best efforts to keep your Confidential Information safe, secure and confidential. We take precautions to protect such Confidential Information. When you submit Confidential Information via our App, Programs, Products, Services, or Content Materials, we take measures to protect the security of your Confidential Information both online and offline.
However, due to the nature of the Internet, we cannot completely ensure or warrant the security of your Confidential Information or of any other data or information transmitted to us or through our services; therefore, submitting Confidential Information, data or other information is done at your own risk.
We have security measures in place to prevent the loss, misuse, and alteration of the information that is obtained from you, but we make no assurances about our ability to prevent any such loss, misuse, to you or to any third party arising out of any such loss, misuse, or alteration.
10. DATA STORAGE
All data and Confidential Information are stored through a data management system. This data and Confidential Information can only be accessed by those who help manage that information in order to deliver e-mail or otherwise contact those who would like to receive our correspondence. You agree and acknowledge that we, including but not limited to our team, staff and affiliates, and those who manage the data management system may have access to your Confidential Information. The Company does not accept responsibility for the security of Your account or content. You agree that Your use of the Website or Services is at Your own risk.
Viewing by Others. Note that whenever you make your Confidential Information or Other Information available for viewing by others such as through our App, Programs, Products, Services, or Content Materials, our Website or social media, the Confidential Information or Other Information that you share also can be seen, collected and used others, and therefore, we cannot be responsible for any unauthorized use by others of such Confidential Information or Other Information that you voluntarily share online or in any other manner.
11. COOKIES POLICY
We may use the standard “cookies” feature of major web browsers. We do not set any Confidential Information in cookies, nor do we employ any data-capture mechanisms on our Website other than cookies. You may choose to disable cookies through your own web browser’s settings. However, disabling this function may diminish your experience on the Website and some features of our App, Programs, Products, Services, or Content Materials may not work as intended. We have no access to or control over any information collected by other individuals, companies or entities whose website or materials may be linked to our App, Programs, Products, Services, or Content Materials.
To use certain features of our App, Programs, Products, Services, or Content Materials, you may be issued a username and password or a unique individual username and password, which you will receive through your registration and/or download process. You may be able to change to username and/or password of your choosing. You are responsible for maintaining the confidentiality of the password and account and are responsible for all activities (whether by you or by others) that occur under your password or account. You are not permitted to share your username and/or password with anyone. If we learn you have shared your username and/or password with another person, we reserve the right to immediately terminate your access to the App, Programs, Products, Services, or Content Materials, private forum, Facebook group or any other related communication. It is your responsibility to protect your own password from disclosure to others. We cannot and will not be liable for any loss or damage arising from your failure to protect your password or account information. You are responsible for activities that take place using your password(s) and within your account. If you share your password(s) with anyone, they may be able to obtain access to your personal information at your own risk. You agree to notify us immediately of any unauthorized use of your password or account or any other breach of security, and to ensure that you exit from your account at the end of each session. By using our App, Programs, Products, Services, or Content Materials, you agree to enter true and accurate information as part of the registration, download process and otherwise. If you enter a false email address, we have the right to immediately inactivate your account. We will use our best efforts to keep your password(s) private and will not otherwise share your password(s) without your consent, except as necessary when the law requires it or in the good faith belief that such action is necessary, particularly when disclosure is necessary to identify, contact or bring legal action against someone who may be causing injury to others or interfering with our rights or property.
13. SPAM POLICY
You are strictly prohibited from using the App, Website or any of the Company’s Services for illegal spam activities, including gathering email addresses and personal information from others or sending any mass commercial emails.
14. ERRORS AND OMISSIONS
We make no warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information in our App, Programs, Products, Services, or Content Materials. Every effort has been made to present you with the most accurate, up-to-date information, but because the nature of scientific research is constantly evolving, we cannot be held responsible or accountable for the accuracy of our content. You acknowledge that such information may contain inaccuracies or errors and we are not liable for any such inaccuracies or errors to the fullest extent permitted by law.
15. ASSUMPTION OF RISK
As a Licensee, you agree that you are using your own judgment in using our App, Programs, Products, Services, or Content Materials and you agree that you are doing so at your own risk. Our App, Programs, Products, Services, or Content Materials are for informational and educational purposes only. You agree and understand that you assume all risks and no results are guaranteed in any way related to our App, Programs, Products, Services, or Content Materials. Our App, Programs, Products, Services, or Content Materials are merely to provide you with education and tools to help you make your own decisions for yourself. You are solely responsible for your actions, decisions and results based on the use, misuse or non-use of our App, Programs, Products, Services, or Content Materials.
We take every precaution to protect our App, Programs, Products, Services, or Content Materials. However, due to the nature of the Internet, we cannot completely ensure or warrant the security of the App, Programs, Products, Services, or Content Materials or the contributions or information transmitted to us on or through our Website or our App, Programs, Products, Services, or Content Materials. Submitting contributions or information on this Website or through our App, Programs, Products, Services, or Content Materials is done entirely at your own risk. We make no assurances about our ability to prevent any such loss or damage to you or to any other person, company or entity arising out of use of our App, Programs, Products, Services, or Content Materials and you agree that you are assuming such risks.
16. MEDIA RELEASE
By participating in our App, Programs, Products, Services, or Content Materials, including our social media community, you consent to photographs, videos, and/or audio recordings that may be made that may contain you, your voice and/or your likeness. In our sole discretion, we reserve the right to use these photographs, videos, and or/audio recordings and/or any other materials submitted by you to us in connection with your participation in our App, Programs, Products, Services, or Content Materials in our current or future App, Programs, Products, Services, or Content Materials, and/or our marketing or promotional efforts, without compensation to you at any time, now or at any time in the future.
17. LIMITATION OF LIABILITY
Neither LIONESS LACTATION, LLC, nor any of its affiliates, directors, officers or employees, nor any third party vendor, will be liable or have any responsibility of any kind for any loss or damage that you incur in the event of any failure or interruption of this website, or resulting from the act or omission of any other party involved in making this website, the data contained herein or the products or services offered on this website available to you, or from any other cause relating to your access to, inability to access, or use of the website or these materials, whether or not the circumstances giving rise to such cause may have been within the control of LIONESS LACTATION, LLC, or of any vendor providing software or services. In no event will LIONESS LACTATION, LLC, or any such parties be liable to you, whether in contract or tort, for any direct, special, indirect, consequential or incidental damages or any other damages of any kind even if LIONESS LACTATION, LLC, or any other such party has been advised of the possibility thereof. This limitation on liability includes, but is not limited to, the transmission of any viruses which may infect a user's equipment, failure of mechanical or electronic equipment or communication lines, telephone or other interconnect problems (e.g., you cannot access your internet service provider), unauthorized access, theft, operator errors, strikes or other labor problems or any natural disasters, pandemics or other "Acts of God." LIONESS LACTATION, LLC, cannot and does not guarantee continuous, uninterrupted or secure access to the website.
You agree at all times to defend, indemnify and hold harmless our Company, as well as any of our affiliates, agents, contractors, officers, directors, shareholders, employees, joint venture partners, successors, transferees, assignees, and licensees, as applicable, from and against any and all claims, causes of action, damages, liabilities, costs and expenses, including legal fees and expenses, arising out of or related to our App, Programs, Products, Services, or Content Materials, or your breach of any obligation, warranty, representation or covenant set forth in these Terms and Conditions or in any other agreement with us.
19. DISPUTE RESOLUTION
It is hoped that should we ever have any differences; we could be able to work them out amicably through e-mail correspondence. However, should we be unable to seek resolution within a reasonable time, you agree now that that the only method of legal dispute resolution that will be used is binding arbitration before a single arbitrator, selected jointly, in accordance with the American Arbitration Association Rules. Prior to seeking arbitration, you must send an e-mail to us at firstname.lastname@example.org and include all of your reasons for dissatisfaction with your Program. You understand and agree now that the only remedy that can be awarded to you through arbitration is full refund of your Payment made to date. No other actions or financial awards of consequential damages, or any other type of damages, may be granted to you. We both agree now that the decision of the arbitrator is final and binding and may be entered as a judgment into any court having the appropriate jurisdiction.
By purchasing our Programs, Products or Services you are agreeing to a modification of the statute of limitations such that any arbitration must begin within one (1) year of the date of your e-mail to me referenced above or you waive the right to seek dispute resolution by arbitration or to take any other legal action.
You also agree that should arbitration take place, it will be held in Palm Bay, Florida, and the prevailing party shall be entitled to all reasonable attorneys’ fees and all costs necessary to enforce the decision of the arbitrator.
In the event of a dispute between us, you agree to not engage in any conduct or communications, public or private, including on social media, designed to disparage us, our Company, or any of our Programs, Products or Services. Where requested by law or arbitration, of course, you are not prohibited from sharing your thoughts and opinions as a part of the legal process.
20. RELEASE OF CLAIMS
In no event will we be liable to any party for any type of direct, indirect, special, incidental, equitable or consequential damages for any use of or reliance on our App, Programs, Products, Services, or Content Materials, or on those affiliated with us in any way, and you hereby release us from any and all claims; including, without limitation, those related to lost profits, personal or business interruptions, personal injuries, accidents, misapplication of information, or any other loss, physical or mental disease, condition or issue, or otherwise, even if we are expressly advised of the possibility of such damages or difficulties.
Communication Guidelines. If you have a question or concern about your App, Programs, Products, Services, or Content Materials, you may send an e-mail to email@example.com and we will do our best to reply to your question or concern promptly.
21. CHOICE OF LAW
22. GENERAL PROVISIONS
Entire Agreement. This Agreement constitutes the entire understanding between the Parties with respect to any and all use of this App and Website. This Agreement supersedes and replaces all prior or contemporaneous agreements or understandings, written or oral, regarding the use of this App and Website.
Assignment. This Agreement, or the rights granted hereunder, may not be assigned, sold, leased or otherwise transferred in whole or part by You. Should this Agreement, or the rights granted hereunder, by assigned, sold, leased or otherwise transferred by the Company, the rights and liabilities of the Company will bind and inure to any assignees, administrators, successors, and executors.
Severability. If any part or sub-part of this Agreement is held invalid or unenforceable by a court of law or competent arbitrator, the remaining parts and sub-parts will be enforced to the maximum extent possible. In such condition, the remainder of this Agreement shall continue in full force.
No Waiver. In the event that We fail to enforce any provision of this Agreement, this shall not constitute a waiver of any future enforcement of that provision or of any other provision. Waiver of any part or sub-part of this Agreement will not constitute a waiver of any other part or sub-part.
Headings for Convenience Only. Headings of parts and sub-parts under this Agreement are for convenience and organization, only. Headings shall not affect the meaning of any provisions of this Agreement.
No Agency, Partnership or Joint Venture. No agency, partnership, or joint venture has been created between the Parties as a result of this Agreement. No Party has any authority to bind the other to third parties.
Force Majeure. The Company is not liable for any failure to perform due to causes beyond its reasonable control including, but not limited to, acts of God, acts of civil authorities, acts of military authorities, riots, embargoes, acts of nature and natural disasters, pandemics (including but not limited to COVID-19) and other acts which may be due to unforeseen circumstances.
Use of Communications. Any communication that you send to LIONESS LACTATION, LLC, via the app of website (a) will not be subject to confidential treatment, (b) may be used by us for any purpose, (c) may be reproduced, disclosed, or distributed by us without restriction or further consent from you, and (d) becomes our property when received by us.
Last Updated: June 14, 2021