The terms “us”, “we”, “our” refers to Headstrong Nation, the owner of the website. The term “you” refers to the user or viewer of our website.
Acceptance of Agreement
The content, organization, graphics, design, video and other matters related to the website are protected under applicable copyrights, trademarks and other proprietary (including but not limited to intellectual property) rights. The copying, redistribution, use or publication by you of any such matters or any part of the website, except as allowed by “permitted uses” below, is strictly prohibited. You do not acquire ownership rights to any content, document or other materials viewed through the website. The posting of information or materials on the website does not constitute a waiver of any right in such information and materials. Some of the content on the site may be the copyrighted work of third parties.
Other product and company names mentioned on the website may be trademarks of their respective owners.
Limited License and Permitted Uses
You are granted a non-exclusive, non-transferable, revocable license:
- To access and use the website strictly in accordance with this agreement
- To use the website solely for internal, personal, non-commercial purposes
- To print out discrete information from the website solely for internal, personal, non-commercial purposes and provided that you maintain all copyright and other policies contained therein. No print out or electronic version of any part of the website or its contents may be used by you in any litigation or arbitration matter whatsoever under any circumstances
Restrictions and Prohibitions on Use
Your license for access and use of the website and any information, materials or documents (collectively defined as “content and materials”) therein are subject to the following restrictions and prohibitions on use: You may not:
- Copy, print (except for the express limited purpose permitted by “Permitted Uses” above), republish, display, distribute, transmit, sell, rent, lease, loan or otherwise make available in any form or by any means all or any portion of the website or any content and materials retrieved therefrom
- Use the website or any materials obtained from the website to develop, of as a component of, any information, storage and retrieval system, database, information base, or similar resource (in any media now existing or hereafter developed), that is offered for commercial distribution of any kind, including through sale, license, lease, rental, subscription, or any other commercial distribution mechanism
- Create compilations or derivative works of any content and materials from the website
- Use any content and materials from the website in any manner that may infringe any copyright, intellectual property right, proprietary right, or property right of us or any third parties
- Remove, decompile, disassemble or reverse engineer any website software or use any network monitoring or discovery software to determine the website architecture
- Use the website in a manner that violates any state or federal law regulating email, facsimile transmissions or telephone solicitations
- Export or re-export the website or any portion thereof, or any software available on or through the website, in violation of the export control laws or regulations of the United States
Forms, Agreements and Documents
We may make available through the website or through other websites sample and actual forms, checklists, business documents and legal documents (collectively, “documents”). All documents are provided on a non-exclusive license basis only for your personal use, non-commercial purposes, without any right to re-license, sublicense, assign or transfer such license. The documents are provided “as is”, “as available”, and with “all faults”, and we and any provider of the documents disclaim any warranties, including but not limited to the warranties of merchantability and fitness for a particular purpose. The documents may be inappropriate for your particular circumstances.
Furthermore, state laws may require different or additional provisions to ensure the desired result. You should consult with legal counsel to determine the appropriate legal or business documents necessary for your particular needs.
No Legal Advice or Attorney-Client Relationship
Information contained on or made available through the website is not intended to and does not constitute legal advice, recommendations, mediation or counseling under any circumstance and no attorney-client relationship is formed. We do not warrant or guarantee the accurateness, completeness, adequacy or currency of the information contained in or linked to the website. Your use of information on the website or materials linked to the website is entirely at your own risk. We are not a law firm and the website is not a lawyer referral service.
Linking to the Website
You may provide links to the website, provided:
- You do not remove or obscure, by framing or otherwise, the copyright notice, or other notices on the website
- Your site does not engage in illegal activities
- You discontinue providing links to the website immediately upon request by us
Certain sections of, or offerings from, the website may require you to register. If registration is requested, you agree to provide us with accurate, complete registration information. Each registration is for your personal use only and not on behalf of any other person or entity. We do not permit:
- Any other person using the registered sections under your name
- Access through a single name being made available to multiple users on a network
Errors, Corrections and Changes
We do not represent or warrant that the website will be error-free, contain harmful components or that defected components will be corrected. We do not represent or warrant that the information available on or through the website will be correct, accurate, timely or otherwise reliable. We may make changes to the features, functionality or content of the website at any time. We reserve the right in our sole discretion to edit or delete any documents, information or other content appearing on the website.
Third Party Content
Third party content may appear on the website or may be accessible via links from the website. We are not responsible for and assume no liability for any mistakes, misstatements of law, defamation, omissions, falsehood, obscenity, pornography or profanity in the statements, opinions, representations or any other form of content on the website. You understand that the information and opinions in the third party content represent solely the thoughts of the author and is neither endorsed by nor does it necessarily reflect our belief.
We reserve the right to investigate complaints or reported violations of this agreement and to take any action we deem appropriate, including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to your profile, email addresses, usage history, posted materials, IP addresses and traffic information.
You agree to indemnify, defend and hold us and our partners, agents, officers, directors, employees, subcontractors, successors, assigns, third party suppliers of information and documents, attorneys, product and service providers, and affiliates (collectively, “affiliated parties”) harmless from any liability, loss, claim and expense, including reasonable attorney’s fees, related to your violation of this agreement or use of the website.
Your right to use the website is not transferable or assignable. Any password or right given to you to obtain information or documents is not transferable or assignable.
The information, content and documents from or through the site are provided “as-is,” “as available,” with “all faults”, and all warranties, express or implied, are disclaimed (including but not limited to the disclaimer of any implied warranties of merchantability and fitness for a particular purpose). The information and services may contain bugs, errors, problems or other limitations. We and our affiliated parties have no liability whatsoever for your use of any information or service. In particular, but not as a limitation thereof, we and our affiliated parties are not liable for any indirect, special, incidental or consequential damages.
The negation and limitation of damages set forth above are fundamental elements of the basis of the bargain between us and you. This site and the products, services, documents and information presented would not be provided without such limitations. No advice or information, whether oral or written, obtained by you from us through the site or otherwise shall create any warranty, representation or guarantee not expressly stated in this agreement.
Limitation of Liability
We and any affiliated party shall not be liable for any loss, injury, claim, liability, or damage of any kind resulting in any way from:
- Any errors in or omissions from the website or any services or products obtainable there from
- The unavailability or interruption of the website or any features thereof
- Your use of the website
- The content contained on the website
- Any delay or failure in performance beyond the control of a covered party
The aggregate liability of us and the affiliated parties in connection with any claim arising out of or relating to the site and/or the products, information, documents and services provided herein or hereby shall not exceed $100 and that amount shall be in lieu of all other remedies which you may have against us and any affiliated party.
Use of Information
Without limitation, we will have exclusive ownership of all present and future existing rights to the submission of every kind and nature everywhere. We will be entitled to use the submission for any commercial or other purpose whatsoever, without compensation to you or any other person sending the submission. You acknowledge that you are responsible for whatever material you submit, and you, not us, have full responsibility for the message, including its legality, reliability, appropriateness, originality, and copyright.
We may allow access to or advertise certain third-party product or service providers (“merchants”) from which you may purchase certain goods or services. You understand that we do not operate or control the products or services offered by merchants. Merchants are responsible for all aspects of order processing, fulfillment, billing and customer service. We are not a party to the transactions entered into between you and merchants.
You agree that use of or purchase from such merchants is at your sole risk and is without warranties of any kind by us, expressed, implied or otherwise including warranties of title, fitness for purpose, merchantability or non-infringement. Under no circumstances are we liable for any damages arising from the transactions between you and merchants or for any information appearing on merchant sites or any other site linked to our site.
Third-Party Merchant Policies
All rules, policies (including privacy policies) and operating procedures of merchants will apply to you while on any merchant sites. We are not responsible for information provided by you to merchants. We and the merchants are independent contractors and neither party has authority to make any representations or commitments on behalf of the other.
You represent and warrant that if you are purchasing something from us or from merchants that:
- Any credit information you supply is true and complete
- Charges incurred by you will be honored by your credit card company
- You will pay the charges incurred by you at the posted prices, including any applicable taxes
The website may include statements concerning our operations, prospects, strategies, financial condition, future economic performance and demand for our products or services, as well as our intentions, plans and objectives, that are forward-looking statements. These statements are based upon a number of assumptions and estimates which are subject to significant uncertainties, many of which are beyond our control.
When used on our website, words like “anticipates,” “expects,” “believes,” “estimates,” “seeks,” “plans,” “intends,” “will” and similar expressions are intended to identify forward-looking statements designed to fall within securities law safe harbors for forward-looking statements. The website and the information contained herein does not constitute an offer or a solicitation of an offer for sale of any securities. None of the information contained herein is intended to be, and shall not be deemed to be, incorporated into any of our securities-related filings or documents.
Links to other Websites
The website contains links to other websites. We are not responsible for the content, accuracy or opinions express in such websites, and such websites are not investigated, monitored or checked for accuracy or completeness by us. Inclusion of any linked website on our website does not imply approval or endorsement of the linked website by us. If you decide to leave our website and access these third-party sites, you do so at your own risk.
Copyrights and Copyright Agents
We respect the intellectual property of others, and we ask you to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide us with the following information:
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest
- A description of the copyrighted work that you claim has been infringed
- A description of where the material that you claim is infringing is located on the website
- Your address, telephone number, and email address
- A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law
- A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf
Claims of copyright infringement on the website can be submitted by emailing firstname.lastname@example.org.
Information and Press Releases
The website contains information and press releases about us. We disclaim any duty or obligation to update this information or any press releases. Information about companies other than ours contained in the press release or otherwise, should not be relied upon as being provided or endorsed by us.
You agree to comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the website and the content and materials provided therein.
Refund and Return Policy
To the extent that you purchase any goods or services directly from us, we will refund you your purchase price within 30 days of you notifying us in writing of your desire for the refund, together with the reason for the request, with the product or service returned to us in substantially the same condition as when purchased. Please note, however, that certain products and services mentioned on our site are sold by third parties or are linked to third party websites, and we have no responsibility or liability for those products or services.
You may request a refund by contacting us by email at email@example.com. You may obtain any additional information concerning our refund and return policy, including our mailing address, by contacting us at firstname.lastname@example.org.
This agreement shall be treated as though it were executed and performed in San Francisco, California, and shall be governed by and construed in accordance with the laws of the State of California (without regard to conflict of law principles). Any cause of action by you with respect to the website (and/or any information, documents, products or services related thereto) must be instituted within one (1) year after the cause of action arose or be forever waived and barred.
To the extent that anything in or associated with the website is in conflict or inconsistent with this agreement, this agreement shall take precedence. Our failure to enforce any provision of this agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision. Our rights under this agreement shall survive any termination of this agreement.
Any legal controversy or legal claim arising out of or relating to this agreement or our services, excluding legal action taken by us to collect or recover damages for, or obtain any injunction relating to, website operations, intellectual property, and our services, shall be settled solely by binding arbitration in accordance with the commercial arbitration rules of JAMS.
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 San Francisco, California, and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Either you or us may seek any interim or preliminary relief from a court of competent jurisdiction in San Francisco, California necessary to protect the rights or property of you and us pending the completion of arbitration. Each party shall bear one-half of the arbitration fees and costs incurred through JAMS.