LoveToKnow Corp. License, Terms of Use & Disclaimers for SizeCharter.com
We are LoveToKnow (“LoveToKnow”, “we”, “our” or “us”), a California corporation. These Terms of Service (“Terms”) constitute a legally binding agreement between you, personally and, if applicable, on behalf of the entity for whom you are using our Service (as defined below) (collectively, “you”), governing your use of our websites, services and applications (collectively, “Service”). By accessing our Service, you are agreeing to comply with and be bound by these Terms. You also agree to our privacy policy, which is published at “Privacy Policy”. Please review them carefully. If you do not agree, you should not access or use any part of the Service.
1. Modification of the Terms. We may modify the Terms and/or the Privacy Policy from time to time and such modification shall be effective upon posting by us on the sizecharter.com website. You agree to be bound to any changes to these terms of use and/or the Privacy Policy when you use the website after any such modification is posted.
2. Using the Service. (a) Eligibility. Use of the Service is void where prohibited. By using the Service, you represent and warrant that: (i) all registration information you submit, if any, is truthful and accurate; (ii) you will maintain the accuracy of such information; (iii) your use of the Service does not violate any applicable law or regulation; and (iv) you are either more than 18 years of age, an emancipated minor or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations and warranties set forth in the Terms. You affirm that you are over the age of 13, as sizecharter.com is not intended for children under 13. IF YOU ARE UNDER 13, DO NOT USE THIS WEBSITE. (b) Prohibited Conduct. In your use of the Service, you may not: (i) infringe any patent, trademark, trade secret, copyright, right of publicity or other right of any party; (ii) disrupt or interfere with the security or use of the Service or any web sites linked to the Service; (iii) interfere with or damage the Service, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial of service attacks, packet or IP spoofing, forged routing or electronic mail address information, or similar methods or technology; (iv) impersonate another person or entity, misrepresent your affiliation with a person or entity, including (without limitation) us, or use a false identity; (v) attempt to obtain unauthorized access to the Service; (vi) engage, directly or indirectly, in transmission of “spam,” chain letters, junk mail or any other type of unsolicited solicitation; (vii) collect, manually or through an automatic process, information about other users or the Service without their or our express written consent; (viii) submit false or misleading information to us; (ix) violate any law, rule, or regulation; (x) engage in any activity that interferes with any third party’s ability to use or enjoy the Service; or (xi) assist or encourage any third party in engaging in any activity prohibited by these Terms.
3. We publish Content. LoveToKnow and SizeCharter edit and publish Content, mostly articles. Some content is visitor-generated. Each article is the opinion of its author. We do not warrant the accuracy of all statements made in articles. We may modify an article at any time. Content provided by or through the Service is for research and informational purposes only. Our publication of Content is not our endorsement of the author, the article or of any procedure, method or treatment. The Service may contain errors, be incomplete or out of date. You understand that by using the Service, you may be exposed to Content that might be offensive, harmful, inaccurate or otherwise inappropriate. Under no circumstances will LoveToKnow be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content. As used in these Terms, “Content” means any information, text, graphics, or other materials uploaded, downloaded or appearing on the Service, including the organization, design, compilation, magnetic translation and digital conversion of material appearing on or through the Service.
4. We grant you a limited right and license to use Content. Content on the Service may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purpose whatsoever without our prior written consent, provided that we hereby grant you a non-exclusive, non-transferable, revocable license to (a) access and use the Service strictly in accordance with these Terms; (b) use the Service solely for your internal, personal, non-commercial purposes; and (c) print discrete parts of the Content solely for your internal, personal, non-commercial purposes, provided that you maintain all of our copyright notice. We will retain ownership of our intellectual property rights and you will not obtain any rights therein by virtue of these Terms or otherwise, except as expressly set forth in these Terms.
5. We hold, maintain and safeguard our proprietary rights. The Service and Content are protected under applicable copyright, trademark and other proprietary rights and intellectual property laws. The copying, redistribution, use or publication by you of any part of the Service or Content, except as allowed by Section 4 above, is strictly prohibited. Some of the Content is the copyrighted work of third parties. All right, title and interest in and to the Service and Content are and will remain the exclusive property of us and our licensors. Reproducing any portion of the Content on another website or redistributing Content is prohibited, whether in its original form or any derivative or edited form. You may not modify, publish, transmit, participate in the transfer or sale of, reproduce, create new works from, distribute, frame or iframe, perform, display, or in any way exploit, any of the Content in whole or in part.
6. You assume risk. Content is no substitute for professional advice. All Content relating to medical, financial, legal, or other activities, including Content that could result in personal or financial damage, injury, or death, is for informational purposes only. Content is not to be used in place of a visit to your physician, pharmacist, lawyer or other professional, or in place of reading any product package or label. Self help or self-management is not a substitute for professional advice. You should not delay in seeking advice because of something you read in Content. You should not use Content for diagnosing a health, financial or legal problem, taking or not taking medication or otherwise determining a course of action. Content, including statements regarding dietary information or supplements, has not been evaluated by any government or private agency, including the Food and Drug Administration, and is not intended to be used for the diagnosis, treatment, cure or prevention of any disease.
No physician-patient, lawyer-client or similar privileged relationship is or is intended to be created between you and us or between you and any Content provider. Information posted to the Service publicly or sent in an unsolicited message to us or a Content provider is not confidential and does not establish a privileged relationship, except as may be separately agreed between you and such Content provider (we are not a party to any such agreements).
If you think you may have a medical emergency, call your doctor or emergency number (911 in the United States) immediately.
If you believe you have a legal claim, contact an attorney licensed in your state (or country) immediately to discuss your options.
LoveToKnow welcomes comments and suggestions on the Terms as part of the ongoing debate regarding how professionals can comply with their professional responsibilities while being active, informative participants in online discussions.
7. Don’t access the Service for any illegal or other harmful use or purpose. Content may not be used for an illegal purpose. You may not access Content or the Service in any manner that could damage, disable, overburden or impair the Internet or our networks or computers, or interfere with any other person’s use and enjoyment of the foregoing. You may not attempt to gain unauthorized access to any Content or the accounts, computer systems, or networks of others including those of our affiliates. We reserve the right to access, read, preserve, and disclose any information accessible to us through the Service as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce these Terms, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of us, our users and the public. Without limiting the generality of the foregoing, we reserve the right to investigate complaints and report violations of the law or these Terms and to take any action we deem appropriate, including 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, including your profile, email addresses, usage history, posted materials, IP addresses and traffic information. You may not add links that are irrelevant to the purpose of Content, our websites or the Service. Any links added to the Service automatically carry the “no follow” tag, so that they do not pass page rank, or anything else useful for spammers.
8. You assume risk. You assume any and all risk of damage, injury, or death, from your use of Content, even Content used in accordance with these Terms.
9. If you submit Content, these additional terms apply to you. We may now or in the future permit the submission of text, files, images, photos, videos, sounds, musical works, works of authorship, or any other materials by you and the hosting, sharing and/or publishing of such content. We do not have the ability to control the nature of the user-generated content offered through the Service. You are solely responsible for your interactions with other users of the Service and any content that you post. We will not be liable for any damage or harm resulting from any content or your interactions with other users of the Service. We reserve the right, but have no obligation, to monitor interactions between you and other users of the Service and take any other action to restrict access to or the availability of any material that we or another user of the Service may consider to be obscene, lewd, lascivious, filthy, excessively violent, harassing or otherwise objectionable (including, without limitation, because it violates these Terms).
By submitting, posting or displaying Content on or through the Service (“Your Content”), you warrant, represent and agree that (i) you will not submit material that is copyrighted, protected by trade secret, or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you own or have otherwise acquired such rights in Your Content to enable you to grant us the rights in Your Content described herein; (ii) you have paid and will pay in full all license fees, and other financial obligations of any kind, arising from any use or commercial exploitation of Your Content; (iii) you are the individual pictured, depicted, and/or heard in Your Content, or, alternatively, you have obtained permission (and, if applicable, publicity rights) from each person (including consent from parents or guardians for any individual under the age of eighteen (18) who appears and/or is heard in Your Content; (iv) Your Content is not defamatory in nature, false or misleading, does not infringe the intellectual property rights, privacy, rights to publicity or any other legal or moral rights of any third party; (v) Your Content is not unlawful, obscene, threatening, pornographic, harassing, hateful, racially or ethnically offensive, give rise to civil liability, violate any law, or is otherwise misappropriate or impersonates another person; and (vi) you agree to keep all records necessary to establish that Your Content does not violate any of the foregoing representations and warranties and to make such records available upon our request.
We do not endorse Your Content or any opinion, recommendation, or advice expressed therein, and we expressly disclaim any and all liability in connection with Your Content.
When you submit ideas, suggestions, or proposals (collectively, “Ideas”) to us, you represent, warrant and agree that: (a) your Ideas do not include confidential or proprietary information, you have all necessary rights to submit them to us and that they do not and will not infringe or violate any third party rights of any kind; (b) if we so choose, we may use and disclose your Ideas in any way; and (iii) we have no obligation to pay or reimburse you for your Ideas or our use of your Ideas. You also acknowledge that (I) we may have already created, or be in the process of creating, content that may be substantially similar to your Ideas or work samples at the time you submit those ideas or samples to us, and (II) elements of your Ideas and work samples may not be subject to protection under copyright law.
In addition to the foregoing, you hereby grant us a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute Your Content in any and all media or distribution methods (now known or later developed). You agree that this license includes the right for other users of the Service to modify Your Content, and for us to make Your Content available to others for the publication, distribution, syndication, or broadcast of Your Content on other media and services, subject to our terms and conditions for such Content use. Such additional uses by us or others may be made with no compensation paid to you with respect to Content that you submitted, posted, transmitted or otherwise made available through the Service. We may modify or adapt Your Content in order to transmit, display or distribute it over computer networks and in various media and/or make changes to Your Content for any purpose including those that we consider necessary to conform and adapt Content to any requirements or limitations of any networks, devices, services or media. The terms of this section supplement any terms we may have agreed to in any content submission agreement that we are a party to and both of us signed.
10. All comments, feedback, suggestions, ideas, and other submissions that you disclose, submit or offer to us in connection with your use of the Service (collectively, “Comments”) will become our exclusive property. Such disclosure, submission or offer of any Comments shall constitute an assignment to us of all worldwide right, title and interest in all patent, copyright, trademark, and all other intellectual property and other rights whatsoever in and to the Comments and a waiver of any claim based on moral rights, unfair competition, breach of implied contract, breach of confidentiality, and any other legal theory. You will, at our cost, execute any documents to effect, record, or perfect such assignment. Thus, we will own exclusively all such right, title and interest and shall not be limited in any way in the use, commercial or otherwise, of any Comments. You should not submit any Comments to us if you do not wish to assign such rights to us. We are and will be under no obligation: (i) to maintain any Comments in confidence; (ii) to pay to you or any third party any compensation for any Comments; or (iii) to respond to any Comments. You are and shall remain solely responsible for the content of any Comments you make.
11. Registration. At any time, we may require you to register an account to use the Service. You may create your own account on the Service by completing the online registration process on the Service. In doing so, you must provide us with accurate and complete registration information, and update it if this information changes. It is particularly important to keep the e-mail address associated with your account current because although you may be able to log into your Service account using an old e-mail address, you will not be able to receive messages from us. You must keep your password confidential. You will be responsible for all use of your password, including, without limitation, any use by any unauthorized third party. You must notify us immediately if you believe your password may be used by any unauthorized person or entity. For security purposes, we recommend you change your password often. Under no circumstance should you respond to a request for your password. Our employees will never ask for your password. You must notify us immediately if you receive such a request. We reserve the right to suspend or terminate your use of the Service if we believe that your password is being used without permission or otherwise in a manner that may disrupt the Service.
12. We are not responsible for content on websites linked to through our Service. The Content may link you to other web sites or information, software, data, or other content. We have not reviewed and are not responsible for linked content. Follow a link to another page on another website at your own risk. The linked information, software, data, or other content (including opinions, claims and comments) should not be attributed to LoveToKnow. We have not verified the truth or accuracy of any such content, or endorse or support any such website or the content thereof. We do not warrant or otherwise accept responsibility for information, software, data, or other content on any third-party website including those visited while following a link from our Service.
13. We serve advertisements. The Information may include advertisements, which may be targeted to certain Content, Information or queries. The types and extent of advertising are subject to change.
14. We require each user to indemnify (protect) us from liability. Except to the extent prohibited by law, you agree to indemnify and hold us and our employees, representatives, agents, attorneys, affiliates, directors, officers, managers and shareholders (“Indemnified Parties”) harmless from and against any claims, damages, losses, expenses and costs (including reasonable legal fees and costs) imposed on, incurred by, or asserted against any of the Indemnified Parties arising from, connected with and/or as a result of or relating to your use of the Service and Content, whether authorized or unauthorized under these Terms (“Claim”). Claims include, without limitation, a breach of these Terms. If you are obligated to provide indemnification pursuant to this provision, we may, in our sole and absolute discretion, control the disposition of any Claim at your sole cost and expense. Without limitation of the foregoing, you may not settle, compromise or in any other manner dispose of any Claim without our consent.
15. Here’s how to notify us. Except as otherwise expressly set forth herein, you agree to send any notice of dispute or other communication to us by Certified or Registered Mail, return receipt requested to the address at the bottom of these Terms. Delivery will be deemed to have occurred as of the date of signing of the return receipt.
16. For infringement notifications, please follow the procedure set forth in this section.
We do not permit copyright infringing activities and/or infringement of intellectual property rights on the website, and we will remove Your Content if properly notified that Your Content infringes on another’s intellectual property rights. We reserve the right to remove Your Content without prior notice. We may terminate user privileges of any user that repeatedly infringes the copyright rights of others upon receipt of proper notification to us by the copyright owner or the copyright owner’s legal agent. We further reserve the right to decide whether Your Content is appropriate and complies with these Terms for violations other than copyright infringement and violations of intellectual property law including, without limitation, pornography, and/or obscene or defamatory material. We may remove Your Content and/or terminate a user’s access for uploading such material in violation of these Terms, without prior notice and at our sole discretion.
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to the address and by the procedure for notices set forth below. If you believe that any material found on our Service has been used in a manner that constitutes infringement of your copyrighted work, please send us a notice marked “Request to Remove Copyrighted Material” that includes the following information:
a. the signature of the owner or a person authorized to act on behalf of the owner of the work that is allegedly infringed;
b. identification of the copyrighted work claimed to have been infringed;
c. a description of where the infringing material is located on the site;
d. your contact information (i.e. address, telephone number, and email address);
e. 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; and
f. a statement by you that the information in your notice is accurate
and that you are the copyright owner or authorized to act on the
copyright owner’s behalf.
LoveToKnow’s designated agent for notice of alleged copyright infringement appearing on our site is: Diane Griffith, LoveToKnow Corp., 1325 Howard Ave, Suite 307, Burlingame, CA 94010. Please also send an email to admin at lovetoknow.com.
While we consider all such notices seriously, you may be liable for damages (including costs and attorneys’ fees) if you materially misrepresent that content or activity is infringing. Accordingly, if you are uncertain whether material infringes your copyrights (including whether use of copyrighted material may constitute fair use) you may wish to seek the advice of an attorney.
17. WE PROVIDE NO WARRANTY AND DISCLAIM ALL WARRANTIES. THE CONTENTS ARE “AS IS” AND “WITH ALL FAULTS”. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THERE ARE NOT WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, WITHOUT LIMITATION WARRANTIES OF COMPLETENESS, ACCURACY, FREEDOM FROM INTERRUPTION, OR OF VERIFICATION OF THE CONTENTS, THERE ARE NO ANY IMPLIED WARRANTIES ARISING FROM TRADE USAGE, COURSE OF DEALING, OR COURSE OF PERFORMANCE, AND THERE ARE NO IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR USE OR PURPOSE.
18. WAIVER OF CLASS ACTION RIGHTS. BY ENTERING INTO THESE TERMS, YOU HEREBY IRREVOCABLY WAIVE ANY RIGHT YOU MAY HAVE TO JOIN CLAIMS WITH THOSE OF OTHERS IN THE FORM OF A CLASS ACTION OR SIMILAR PROCEDURAL DEVICE. ANY CLAIMS ARISING OUT OF, RELATING TO, OR CONNECTED WITH THESE TERMS MUST BE ASSERTED INDIVIDUALLY.
19. Limitation of Actions. You acknowledge and agree that, regardless of any statute or law to the contrary, any claim or cause of action you may have arising out of, relating to, or connected with your use of the Service, must be filed within one calendar year after such claim or cause of action arises, or forever be barred.
20. THE DOLLAR AMOUNT OF OUR LIABILITY IS LIMITED. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, LOVETOKNOW, ITS AFFILIATES AND EACH OF THEIR RESPECTIVE AUTHORS, EMPLOYEES, DIRECTORS, OFFICERS, CONSULTANTS, AGENTS, WEB HOSTS OR INTERNET SERVICE PROVIDERS, CONTENTS PROVIDERS, OR OTHER PERSONS RELATED TO OR USED BY LOVETOKNOW (COLLECTIVELY, THE LOVETOKNOW ENTITIES ), REGARDLESS OF CAUSE OF ACTION (E.G., IN CONTRACT, TORT, WARRANTY, AND TO THE FULL EXTENT PERMITTED IN APPLICABLE LAW, PRODUCT LIABILITY AND STRICT LIABILITY), SHALL HAVE NO LIABILITY OF ANY KIND ARISING OR RELATED TO THESE TERMS, OR THE CONTENT OR THE SERVICE, IN EXCESS OF US$500.00. THE ABOVE LIMITATION SHALL NOT APPLY TO THE EXTENT CAUSED BY THE WILLFUL TORTIOUS MISCONDUCT OR GROSS NEGLIGENCE OF LOVETOKNOW CORP.
21. THE TYPE OF DAMAGES YOU MAY SEEK IS LIMITED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE LOVETOKNOW CORP. ENTITIES, WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICE, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (iii) ANY CONTENT OBTAINED FROM THE SERVICE; AND (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
22. The above two sections are independent of each other. The above two sections are intended to be independent of each other and the failure of essential purpose of one shall not affect the other.
23. Certain limitations and exclusions may not apply to you. Some jurisdictions do not permit us to exclude or limit implied warranties or liability for incidental or consequential damages. Accordingly, portions or all of the above disclaimers and limitations may not apply to you.
24. Any dispute will be resolved in California under California law. These Terms and any action related thereto will be governed by the laws of the State of California without regard to or application of its conflict of law provisions or your state or country of residence. Unless submitted to arbitration as set forth in the following paragraph, all claims, legal proceedings or litigation arising in connection with the Service will be brought solely in Santa Clara County, California, and you consent to the jurisdiction of and venue in such courts and waive any objection as to inconvenient forum.
25. Disputes will be resolved by arbitration in California. Any dispute or claim arising or related to these Terms, their performance, breach, or interpretation (including issues about its validity or enforceability), shall be exclusively (except as provided below) resolved by final binding arbitration before the American Arbitration Association (AAA), utilizing its Commercial Arbitration Rules. One arbitrator shall be selected using AAA procedures. The arbitrator shall use all reasonable efforts to minimize discovery and to complete the arbitration proceedings as expeditiously as possible. The Arbitrator shall render a written decision within thirty (30) calendar days of the hearing. The arbitrator will not award attorney’s fees, or punitive, incidental, consequential, treble or other multiple or exemplary damages, and the parties hereby agree to waive and not seek such damages. Either party may seek judicial relief to compel the other party to comply with the provisions of this Section, or injunctive or other equitable relief to protect its intellectual property rights, provided (unless prohibited by applicable law) that the remainder of the dispute or claim is submitted to arbitration. The arbitration shall be held in Santa Clara County, CA. Awards shall be final, binding and non-appealable (except on the minimal grounds required under the Federal Arbitration Act or other applicable law). All awards may be filed with one or more courts, state, federal or foreign having jurisdiction over the party against whom such award is rendered or its property, as a basis of judgment and of the issuance of execution for its collection.
26. These Terms comprise our entire agreement. These Terms are the entire and exclusive agreement between LoveToKnow and you regarding the Service (excluding any services for which you have a separate agreement with LoveToKnow that is explicitly in addition or in place of these Terms), and these Terms supersede and replace any prior agreements between us and you regarding the Service.
27. Our failure to enforce any or all of these Terms does not imply that we waive them. Our failure to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.
28. One bad provision doesn’t affect any other provision. In the event that any provision of these Terms is held to be invalid or unenforceable, the remaining provisions of these Terms will remain in full force and effect.
29. These Terms apply to our successors and assigns. You may not assign your rights or delegate your responsibilities under these Terms (including by operation of law) without our prior written consent. Any such attempt to assign shall be null and void. Subject to the foregoing, the rights and obligations of the parties shall inure to the benefit of and shall be binding upon the parties, their respective successors, assigns, heirs, and personal representatives. Nothing in these Terms is intended to or shall confer on any person other than the parties hereto or their respective permitted successors or assigns, any rights or remedies under or by reason of these Terms. We are free to assign our rights and/or our responsibilities under these Terms without your consent.
30. Our section captions are intended as helpful reading aids. The captions and headings are provided only as a matter of convenience, and in no way define, limit or affect these Terms.
The Service is operated and provided by LoveToKnow, 1325 Howard Ave, Suite 307, Burlingame, CA 94010. You may ask questions or send feedback to us at:
admin at lovetoknow dot com.
This website is © 2000-2014 by LoveToKnow Corp. Inc. All rights reserved.
