Terms of Service

 

The following terms and conditions govern all use of the http://www.peacefulendoflife.com website and all content, services and products available at or through the website (taken together, the Website). The Website is owned and operated by Melissa Wood (“Peaceful End of Life”). The Website is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, Peaceful End of Life’s Privacy Policy) and procedures that may be published from time to time on this Site by Peaceful End of Life (collectively, the “Agreement”).

 

Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the web site, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by Peaceful End of Life, acceptance is expressly limited to these terms.

 

Responsibility of Website Visitors.

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content.

 

Third Party Links

 

To improve our Site, Peaceful End of Life may use and promote services provided by outside third parties. However, even if the third party is affiliated with Peaceful End of Life, we do not control these services and make no representations regarding these persons or entities. We are not liable or responsible for the accuracy, completeness, timeliness, reliability or availability of, any such parties. Outside sites linked on our Site, all of which have separate privacy and data collection practices, are only for your convenience and therefore you access them at your own risk.

 

We are not responsible or liable for any loss or damage of any sort incurred as a result of any dealings with any third party website or merchant or operator of such a third party website.

 

Copyright Infringement and DMCA Policy. As Peaceful End of Life asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by http://www.peacefulendoflife.com violates your copyright, you are encouraged to notify Peaceful End of Life in accordance with Peaceful End of Life’s Digital Millennium Copyright Act (“DMCA”) Policy. Peaceful End of Life will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. Peaceful End of Life will terminate a visitor’s access to and use of the Website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of Peaceful End of Life or others. In the case of such termination, Peaceful End of Life will have no obligation to provide a refund of any amounts previously paid to Peaceful End of Life.

 

Intellectual Property. This Agreement does not transfer from Peaceful End of Life to you any Peaceful End of Life or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Peaceful End of Life. Peaceful End of Life, http://www.peacefulendoflife.com, the http://www.peacefulendoflife.com logo, and all other trademarks, service marks, graphics and logos used in connection with http://www.peacefulendoflife.com, or the Website are trademarks or registered trademarks of Peaceful End of Life or Peaceful End of Life’s licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any Peaceful End of Life or third-party trademarks.

 

Advertisements. Peaceful End of Life reserves the right to display advertisements on your blog unless you have purchased an ad-free account.

 

Disclaimer of Warranties. The Website is provided “as is”. Peaceful End of Life and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Peaceful End of Life nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.

 

Limitation of Liability. In no event will Peaceful End of Life, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Peaceful End of Life under this agreement during the twelve (12) month period prior to the cause of action. Peaceful End of Life shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.

 

General Representation and Warranty. You represent and warrant that (i) your use of the Website will be in strict accordance with the Peaceful End of Life Privacy Policy, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside) and (ii) your use of the Website will not infringe or misappropriate the intellectual property rights of any third party.

 

Indemnification. You agree to indemnify and hold harmless Peaceful End of Life, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.

 

Miscellaneous. This Agreement constitutes the entire agreement between Peaceful End of Life and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Peaceful End of Life, or by the posting by Peaceful End of Life of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of the state of Texas, U.S.A, excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in San Antonio County, Texas. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in San Antonio, Texas, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Peaceful End of Life may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.