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- Your thelostbookofherbalremedies.com Account and Site. If you create a blog/site on the Website, you are responsible for maintaining the security of your account and blog, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the blog. You must not describe or assign keywords to your blog in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and The Lost Book Of Herbal Remedies may change or remove any description or keyword that it considers inappropriate or unlawful, or otherwise likely to cause The Lost Book Of Herbal Remedies liability. You must immediately notify The Lost Book Of Herbal Remedies of any unauthorized uses of your blog, your account or any other breaches of security. The Lost Book Of Herbal Remedies will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.
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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;
- 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;
- 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;
- the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
- the Content is not spam, is not machine- 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);
- the Content is not pornographic, does not contain threats or incite violence towards individuals or entities, and does not violate the privacy or publicity rights of any third party;
- your blog 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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- 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 The Lost Book Of Herbal Remedies or otherwise.
By submitting Content to The Lost Book Of Herbal Remedies for inclusion on your Website, you grant The Lost Book Of Herbal Remedies 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 blog. If you delete Content, The Lost Book Of Herbal Remedies 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.
Without limiting any of those representations or warranties, The Lost Book Of Herbal Remedies has the right (though not the obligation) to, in The Lost Book Of Herbal Remedies's sole discretion (i) refuse or remove any content that, in The Lost Book Of Herbal Remedies's reasonable opinion, violates any The Lost Book Of Herbal Remedies 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 The Lost Book Of Herbal Remedies's sole discretion. The Lost Book Of Herbal Remedies will have no obligation to provide a refund of any amounts previously paid.
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- General Terms.
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Unless you notify The Lost Book Of Herbal Remedies before the end of the applicable subscription period that you want to cancel a subscription, your subscription will automatically renew and you authorize us to collect the then-applicable annual or monthly subscription fee for such subscription (as well as any taxes) using any credit card or other payment mechanism we have on record for you. Upgrades can be canceled at any time by submitting your request to The Lost Book Of Herbal Remedies in writing.
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- Support. If your service includes access to priority email support. "Email support" means the ability to make requests for technical support assistance by email at any time (with reasonable efforts by The Lost Book Of Herbal Remedies to respond within one business day) concerning the use of the VIP Services. "Priority" means that support takes priority over support for users of the standard or free thelostbookofherbalremedies.com services. All support will be provided in accordance with The Lost Book Of Herbal Remedies standard services practices, procedures and policies.
- Responsibility of Website Visitors. The Lost Book Of Herbal Remedies 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, The Lost Book Of Herbal Remedies 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. The Lost Book Of Herbal Remedies 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.
- 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 thelostbookofherbalremedies.com links, and that link to thelostbookofherbalremedies.com. The Lost Book Of Herbal Remedies does not have any control over those non-The Lost Book Of Herbal Remedies websites and webpages, and is not responsible for their contents or their use. By linking to a non-The Lost Book Of Herbal Remedies website or webpage, The Lost Book Of Herbal Remedies 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. The Lost Book Of Herbal Remedies disclaims any responsibility for any harm resulting from your use of non-The Lost Book Of Herbal Remedies websites and webpages.
- Copyright Infringement and DMCA Policy. As The Lost Book Of Herbal Remedies 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 thelostbookofherbalremedies.com violates your copyright, you are encouraged to notify The Lost Book Of Herbal Remedies in accordance with The Lost Book Of Herbal Remedies's Digital Millennium Copyright Act ("DMCA") Policy. The Lost Book Of Herbal Remedies will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. The Lost Book Of Herbal Remedies 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 The Lost Book Of Herbal Remedies or others. In the case of such termination, The Lost Book Of Herbal Remedies will have no obligation to provide a refund of any amounts previously paid to The Lost Book Of Herbal Remedies.
- Intellectual Property. This Agreement does not transfer from The Lost Book Of Herbal Remedies to you any The Lost Book Of Herbal Remedies or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with The Lost Book Of Herbal Remedies. The Lost Book Of Herbal Remedies, thelostbookofherbalremedies.com, the thelostbookofherbalremedies.com logo, and all other trademarks, service marks, graphics and logos used in connection with thelostbookofherbalremedies.com, or the Website are trademarks or registered trademarks of The Lost Book Of Herbal Remedies or The Lost Book Of Herbal Remedies'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 The Lost Book Of Herbal Remedies or third-party trademarks.
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- Termination. The Lost Book Of Herbal Remedies 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 thelostbookofherbalremedies.com account (if you have one), you may simply discontinue using the Website. Notwithstanding the foregoing, if you have a paid services account, such account can only be terminated by The Lost Book Of Herbal Remedies if you materially breach this Agreement and fail to cure such breach within thirty (30) days from The Lost Book Of Herbal Remedies's notice to you thereof; provided that, The Lost Book Of Herbal Remedies 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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- Limitation of Liability. In no event will The Lost Book Of Herbal Remedies, 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 The Lost Book Of Herbal Remedies under this agreement during the twelve (12) month period prior to the cause of action. The Lost Book Of Herbal Remedies 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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- Miscellaneous. This Agreement constitutes the entire agreement between The Lost Book Of Herbal Remedies and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of The Lost Book Of Herbal Remedies, or by the posting by The Lost Book Of Herbal Remedies 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 California, 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 Francisco County, California. 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 , 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; The Lost Book Of Herbal Remedies 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.