Welcome to the Andrew Lessman website (the “Site”). This Site is operated by Andrew Lessman (“Andrew Lessman”, “we”, “us” and “our”). By accessing and using this Site, you agree to be bound by the following terms and conditions (“Terms of Use”). If you do not agree to these Terms of Use, do not use this Site.
We reserve the right to update or modify these Terms of Use without prior notice, so please check back periodically for any changes. Your continued use of this Site following the posting of any changes to the Terms of Use constitutes your acceptance of those changes.
1. Acceptance of Terms
a. By accessing any content or material on the Site, registering an account, posting any content, or browsing the Site, you accept and agree to these Terms of Use.
b. You must be at least 18 years of age to use the Site. If you are not at least 18 years old, do not access, use, register for, or otherwise visit the Site.
c. Supplemental terms may apply to certain content, programs, activities or events, such as contests or sweepstakes, and such supplemental terms will be disclosed to you in connection with such content, programs, activities or events. Supplemental terms are in addition to, and shall be deemed a part of, these Terms of Use.
2. Privacy Policy
Please refer to our Privacy Policy for information about how we collect, use and disclose information about you.
3. Ownership and Use Restrictions
a. The contents of the Site, including its “look and feel” (e.g., text, graphics, images, logos and button icons), photographs, editorial content, notices, software (including html-based computer programs) and other material are protected under both United States and other applicable copyright, trademark and other laws. The contents of the Site belong or are licensed to Andrew Lessman.
b. We grant you the right to view and use the Site subject to these Terms of Use. You may download or print a copy of information provided on the Site for your personal, internal and non-commercial use only. Any distribution, reprint or electronic reproduction of any content from the Site in whole or in part for any other purpose is expressly prohibited without our prior written consent.
c. You must retain all copyright and trademark notices, including any other proprietary notices, contained in the original content on any copy you make of the content. You may not sell, transfer, assign, license, sublicense, modify, reproduce, display, distribute, or otherwise exploit any portion of the Site or any content posted on it without Andrew Lessman’s prior written permission.
d. Except as provided in these Terms of Use, you are granted no right, title, license or any other interest in or to the Site or any content on the Site. We reserve all rights not expressly granted in these Terms of Use.
4. Trademarks
a. The trademarks, service marks, tradenames, logos and domain names (collectively “Marks”) displayed on the Site are our registered and unregistered Marks or those of third parties. While you may make limited copies of the content on the Site, you may not use any Marks without obtaining the prior express written permission from the appropriate owner.
b. “Andrew Lessman” and other Marks are Marks owned by or licensed to Andrew Lessman. Any use of Andrew Lessman Marks without our express written permission is strictly prohibited.
5. User Content
a. We may provide you with the opportunity to submit, post, upload, publish, display, transmit or otherwise make available on or through the Site, including on blogs, message boards, chat functionality, social media pages, review functionality, wikis and other interactive features (collectively, “Post”) content and materials, including commentary, remarks, comments, ideas, graphics, images, videos, music, photographs, illustrations and other content (collectively, “User Content”). User Content specifically does not include any confidential information or any of your inventions.
b. You are solely responsible for your User Content. You assume all risks associated with use of your User Content, including any reliance on its accuracy, completeness or usefulness. You understand that your User Content may be viewed and shared by others, so do not Post any User Content that you would not want made public. We have no responsibility for User Content you or others Post and have no obligation to monitor User Content, though we reserve the right to review User Content and to edit, remove, delete, disable, refuse, restrict, move, suspend or terminate access to your User Content at any time in our sole discretion.
c. You grant us and our service providers a non-exclusive, perpetual, royalty-free, fully paid, freely transferable, irrevocable, worldwide license to use, copy, display, publish, distribute, adapt, modify, store, translate, transmit, publicly perform, and create derivative works from your User Content for any purpose.
d. You are solely responsible for all your User Content. You represent and warrant that you own or have all necessary rights to your User Content and that your User Content does not violate these Terms of Use or any applicable law. You will indemnify, defend and hold us harmless from any third party demands, claims or allegations that any User Content you submitted violates any applicable law or these Terms of Use.
6. Prohibited Content
You may not Post any content that:
a. Infringes or violates any third party’s intellectual property rights;
b. Is unlawful, threatening, harassing, profane, tortious, defamatory, vulgar, obscene, libelous, deceptive, fraudulent, invasive of another’s privacy, or racially, ethnically or otherwise objectionable;
c. Contains any viruses, Trojan horses, worms, time bombs, corrupted files or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system or data; or
d. Violates any law, rule or regulation.
7. Links to Third Party Sites
The Site may contain links to websites operated by parties other than Andrew Lessman (“Third Party Sites”). We do not control Third Party Sites or any content, products or materials on such Third Party Sites. We are not responsible for the content of any Third Party Sites. The inclusion of links to Third Party Sites does not imply endorsement of, sponsorship of, or association with, those Third Party Sites by us. Any use you make of Third Party Sites is at your own risk.
8. Indemnification
You will defend, indemnify and hold us and our officers, directors, employees and agents harmless from and against any claims, actions, demands or other proceedings brought against us by a third party, to the extent that such claim, suit, action or other proceeding brought against us is based on or arises in connection with:
a. Your access to, use or misuse of the Site;
b. Any content you submit, post, transmit or otherwise make available on the Site;
c. Any unauthorized use of your account;
d. Any breach by you of these Terms of Use; or
e. Any claim that your User Content caused damage to a third party.
You will cooperate as fully as reasonably required in our defense of any claim subject to indemnification by you. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you shall not settle any matter without our written consent.
9. Disclaimers and Limitations of Liability
a. THE SITE, INCLUDING ALL CONTENT, MATERIALS, INFORMATION, SOFTWARE, PRODUCTS AND SERVICES, IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, WE DISCLAIM ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE SITE, INCLUDING (A) ANY IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, (B) ANY WARRANTY THAT THE SITE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS OR ACHIEVE ANY INTENDED RESULTS AND (C) ANY WARRANTY THAT THE SITE OR ITS OPERATION WILL BE UNINTERRUPTED, VIRUS-FREE OR ERROR-FREE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH OR FROM THE SITE WILL CREATE ANY WARRANTY.
b. WE WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF, BASED ON, RESULTING FROM OR IN ANY WAY RELATED TO THESE TERMS OF USE OR YOUR ACCESS TO, USE OF OR INABILITY TO USE THE SITE, INCLUDING FROM ANY VIRUS OR ANY CONTENT POSTED BY A THIRD PARTY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS APPLY TO ANY THEORIES OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, TORT, STATUTE OR OTHERWISE, AND WHETHER OR NOT WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT OUR TOTAL LIABILITY TO YOU FOR ANY TYPE OF DAMAGES SHALL NOT EXCEED FIFTY DOLLARS ($50). SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU.
10. Termination
a. We may terminate your access and rights to use the Site immediately at any time, with or without notice, if in our sole judgment you have breached any of the Terms of Use or for any reason or no reason.
b. You may terminate your account and participation on the Site at any time by contacting us at [email protected].
c. Upon termination for any reason, you must cease use of the Site and destroy all copies of any content obtained from the Site. Termination will not limit any other remedies we may have at law or equity. Sections 2-5 and 7-11 will survive termination.
11. Governing Law and Dispute Resolution
a. These Terms of Use are governed by the laws of the State of California without regard to conflict of law principles. If a dispute arises between you and Andrew Lessman, we strongly encourage you to first contact us directly to seek a resolution.
b. If we cannot resolve such dispute, you and we agree to attempt to resolve the dispute through good faith negotiations or mediation. If such dispute cannot be resolved through negotiations or mediation, you agree that the sole and exclusive method for resolving any dispute between you and us will be BINDING ARBITRATION pursuant to the American Arbitration Association commercial dispute resolution procedures and practices. Such arbitration will be conducted by a single arbitrator engaged in the practice of law, who shall be knowledgeable about Internet and ecommerce law issues and have at least ten (10) years of experience litigating intellectual property and commercial contract disputes.
c. You and Andrew Lessman agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial.
d. Any legal action or proceeding relating to these Terms of Use will be subject to the exclusive jurisdiction of the state or federal courts located in Los Angeles County, California and each party consents to the personal jurisdiction of and waives any objection to venue in those courts.
12. General Provisions
a. No delay or omission by either party to exercise any right or remedy it has under these Terms of Use shall impair or be construed as a waiver of such right or remedy. A waiver by any party of any breach shall not be construed to be a waiver of any succeeding breach or any other covenant. All waivers must be in writing and signed by the party waiving its rights.
b. These Terms of Use constitute the entire agreement between you and us with respect to the matters set forth herein and supersede any prior agreement whether written or oral.
c. If any provision of these Terms of Use is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions will be enforced.
d. The failure by us to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision.
e. Our performance of these Terms of Use is subject to existing laws, regulations, orders and other governmental acts and legal requirements and nothing contained herein shall limit our right to comply with any valid and enforceable governmental directive or legal requirement.
f. You may not assign or delegate these Terms of Use or any rights, duties, obligations without our prior written consent. Any attempted assignment will be void. We may freely assign these Terms of Use.
g. The section titles and headings in these Terms of Use are for convenience only and have no legal or contractual effect.
Thank you for reading our Terms of Use. Please contact us at [email protected] if you have any questions!
