Website Terms and Conditions of Use
These Website Terms and Conditions of Use ("Terms") together with our Privacy Notice, and Disclaimer, govern your use of our websites, social media pages, and any other Rev. Louise Purtle or LouisePurtle.com online presence (collectively, the "Website").
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The Website is owned and operated by Louise Purtle, LLC, (“Louise Purtle”). 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, Louise Purtle’s Privacy Notice and Disclaimer) and procedures that may be published from time to time on this Site by Louise Purtle (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 Louise Purtle, acceptance is expressly limited to these terms.
The Website is available only to individuals who are at least 13 years old.
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Last Update
These Terms and Conditions were last updated on September 23, 2022.
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Responsibility of Contributors
If you contribute to the blog, comment on the blog, post material to the Website, post links on the Website, or otherwise make (or allow any third party to make) material available by means of the Website any such material, (collectively “Content”), you are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, images, audio files, or computer software. By making Content available, you represent and warrant that:
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the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
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if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content;
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you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
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the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
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the Content is not spam, is not machine-generated or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
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the Content is not pornographic, does not contain threats or incite violence towards entities, individuals or demographic groups, and does not violate the privacy or publicity rights of any third party;
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the content is not getting advertised via unwanted electronic messages such as spam links on newsgroups, email lists, other blogs and web sites, and similar unsolicited promotional methods;
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the content is not named in a manner that misleads your readers into thinking that you are another person or company. For example, any URL used or your name is not the name of a person other than yourself or company other than your own; and
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you have, in the case of Content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by Louise Purtle or otherwise.
By submitting Content to Louise Purtle for inclusion on the Website, you grant Louise Purtle a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying, distributing and promoting your Content. If you delete Content, Louise Purtle will use reasonable efforts to remove it from the Website, but you acknowledge that caching or references to the Content may not be made immediately unavailable.
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Without limiting any of those representations or warranties, Louise Purtle has the right (though not the obligation) to, in Louise Purtle’s sole discretion (i) refuse or remove any content that, in Louise Purtle’s reasonable opinion, violates any Louise Purtle governance policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, in Louise Purtle’s sole discretion. Louise Purtle will have no obligation to provide a refund of any amounts previously paid.
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Responsibility of Website Visitors
Louise Purtle has not reviewed, and cannot review, all of the material, including computer software, posted to the Website, and cannot therefore be responsible for that material’s content, use or effects. By operating the Website, Louise Purtle does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. 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. The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. Louise Purtle disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.
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Content Posted on Other Websites
We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which LouisePurtle.com links, and that link to LouisePurtle.com. Louise Purtle does not have any control over these websites and webpages, and is not responsible for their contents or their use. By linking to a non- Louise Purtle website or webpage, Louise Purtle does not represent or imply that it endorses such website or webpage. 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. Louise Purtle disclaims any responsibility for any harm resulting from your use of non- Louise Purtle websites and webpages.
Copyright Infringement and DMCA Policy.
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As Louise Purtle 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 LouisePurtle.com violates your copyright, you are encouraged to notify Louise Purtle at Rev@LouisePurtle.com in accordance with Louise Purtle’s Digital Millennium Copyright Act (“DMCA”) Policy. Louise Purtle will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. Louise Purtle 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 Louise Purtle or others. In the case of such termination, Louise Purtle will have no obligation to provide a refund of any amounts previously paid to Louise Purtle.
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Intellectual Property
This Agreement does not transfer from Louise Purtle to you any Louise Purtle or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Louise Purtle. Louise Purtle, LouisePurtle.com, and the Rev. Louise Purtle logo, and all other trademarks, service marks, graphics and logos used in connection with the Website are trademarks or registered trademarks of Louise Purtle. 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 Louise Purtle or third-party trademarks.
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Changes
Louise Purtle reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. Louise Purtle may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
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Termination
Louise Purtle may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your LouisePurtle.com account (if you have one), you may simply discontinue using the Website. Louise Purtle can terminate the Website immediately as part of a general shut down of our service. All provisions of this Agreement, which by their nature should survive termination, shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
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Disclaimer of Warranties
The Website is provided “as is”. Louise Purtle and its contributors, 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 Louise Purtle nor its contributors, 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.
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Limitation of Liability
In no event will Louise Purtle, 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 Louise Purtle under this agreement during the twelve (12) month period prior to the cause of action. Louise Purtle 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.
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General Representation and Warranty
You represent and warrant that (i) your use of the Website will be in strict accordance with the Louise Purtle Privacy Notice, 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.
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Indemnification
You agree to indemnify and hold harmless Louise Purtle, its contributors, 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.
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Governing Law
Louise Purtle controls and operates the Website from its location within the United States. By accessing the Website, you agree that any disputes or matters arising out of or related to your viewing or use of the Website shall be governed under the laws of the State of Florida without regard to the conflict of laws, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts serving Collier County, Florida. If you choose to access the Website from another location, you do so on your own initiative and are responsible for compliance with applicable local laws.
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Arbitration
Any claim or dispute arising from or relating to these Terms of Use and their interpretation or the breach, termination or validity thereof, the relationships which result from these Terms of Use, including disputes about the validity, scope or enforceability of this arbitration provision (collectively, "Covered Disputes") will be settled exclusively by binding, individual arbitration, rather than in court, and to be held in Naples, Florida or another location mutually agreeable to the parties. The arbitration will be conducted by the American Arbitration Association ("AAA") under its rules and procedures. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement. Alternatively, you may assert your claims in small claims court, if your claims qualify and so long as the matter remains in such court and advances only on an individual (non-class, non-representative) basis.
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Prior to initiating any arbitration, the initiating party will give the other party at least 60-days' advanced written notice of its intent to file for arbitration. Louise Purtle will provide such notice by e-mail to your e-mail address on file with us and you must provide such notice by e-mail to Rev@LouisePurtle.com. The arbitrator will have the power to grant whatever relief would be available in court under law or in equity and any award of the arbitrator(s) will be final and binding on each of the parties.
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Miscellaneous
This Agreement constitutes the entire agreement between Louise Purtle and you concerning the subject matter hereof, and it may only be modified by a written amendment signed by an authorized executive of Louise Purtle, or by the posting by Louise Purtle of a revised version.
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