Terms

These Taylor Method Terms of Service, together with any documents they expressly incorporate by reference (collectively, the “Terms of Service”), describe the terms pursuant to which Taylor Method Series Incorporated (which may be referred to in these Terms of Service as “Taylor Method,” “we,” “us” or “our”) offers you access to services offered by Taylor Method including, but not limited to, services provided at or using the domain name www.taylormethod.com (the “Site”) and all and any related content, features and functionality (collectively, the “Services”). BY CLICKING ON THE “I ACCEPT” BUTTON, YOU ARE CONSENTING TO BE BOUND BY THE TERMS AND CONDITIONS OF THESE TERMS OF SERVICE, AND THESE TERMS OF SERVICE WILL APPLY TO YOU AND WILL CONSTITUTE A BINDING LEGAL CONTRACT BETWEEN YOU AND TAYLOR METHOD. IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITION OF THESE TERMS OF SERVICE, CLICK THE “I DO NOT ACCEPT” BUTTON. Notice Regarding Dispute Resolution: These Terms of Service include provisions that govern how claims you and we may have against each other are resolved (see Section 13 below), including an agreement and obligation to arbitrate disputes, which will, subject to limited exceptions, require you to submit claims you have against us to binding arbitration, unless you opt-out in accordance with Section 13.5. Unless you opt-out of arbitration: (a) you will only be permitted to pursue claims against us on an individual basis, not as part of any class or representative action or proceeding and (b) you will only be permitted to seek relief (including monetary, injunctive, and declaratory relief) on an individual basis. 1. Updates to These Terms of Service. Because of changes in technology and the growth and development of our business, or for other business reasons, we may need to modify these Terms of Service from time to time. We will notify you of material changes to these Terms of Service through posting the amended terms on the Site and by emailing you an alert via email address you provided to us as part of your Registration Data (defined below) at least thirty (30) days before the effective date of the changes. If you do not agree with the updated Terms of Service, you should discontinue your use of the Site, the Services and the Materials. If you continue using the Site, the Services or the Materials after the updated Terms of Service take effect, you will be bound by the updated Terms of Service. 2.Privacy Policy. In connection with your use of the Site, please review our Privacy Policy located at taylormethod.com/privacy-policy, to understand how we use information we collect from you when you access, visit or use the Site. The Privacy Policy is part of and is governed by these Terms of Service and by agreeing to these Terms of Service, you agree to be bound by the terms of the Privacy Policy and agree that we may use information collected from you in accordance with its terms. 3. Affirmative Representations Regarding Your Use of the Site.When you use the Site, you represent that: (a) you are of sufficient legal age or otherwise have legal capacity to legally agreed to the terms and conditions included in these Terms of Service; (b) you will comply with the rules for online conduct and provisions of these Terms of Service, (c) you will use the Site in compliance with applicable laws and regulations and (d) you will be solely responsible for any of your actions with respect to compliance with any and all applicable laws, regulations, professional and ethical codes, standards and guidelines in your professional conduct. 4. No Client-Professional Relationship. Your use of the Site is for general information purposes only, and not as a substitute for in-person evaluation or specific professional (medical, legal, veterinary, tax, financial, etc.) advice. Any information provided on the Site by us or by any individual who contributes Materials (as defined below) (the “Contributor”) that may relate to such specific professional fields does not constitute medical, legal or other professional advice and does not suggest or propose a specific course of action for you. No attorney-client, doctor-patient or any other client-professional relationship shall be formed as a result of you using the Site. The laws, regulations, other governing authorities, standards, practices and procedures that apply to your particular question or situation may differ depending on your location and information typically discovered through in-person evaluations or visits. Contributors may be licensed, certified, educated, employed by or have experience in only particular jurisdictions. Communications with Contributors on this Site are not confidential and shall not be the subject of any associated privileges. Communications on this Site are limited, as described above, do not involve in-person evaluations or visits, and do not include safeguards and procedures typical of in-person evaluations and visits. 5. Taylor Method Account. You can visit and browse the Site without subscribing to our services or becoming a registered user of the Site, but you will not be able to use the Services and some of the Materials unless you register through the Site and subscribe to the Services. If you choose to become a registered user of the Site and create a registered user account and profile (the “Taylor Method Account”), you agree: (a) to provide true, accurate, current and complete information about yourself as prompted by the Site’s registration process (the “Registration Data”); (b) to maintain and promptly update the Registration Data to keep it true, accurate, current and complete; and (c) not to use the name of another person with the intent to impersonate that person or in a way that otherwise causes confusion as to the origin of your account. If you register through the Site, you will be required to create a user I.D. and password that will be associated with your user account. You may not: (i) select or use as a user I.D. a name of another person with the intent to impersonate that person; (ii) use as a user I.D. a name subject to any rights of a person other than you without appropriate authorization; or (iii) use as a user I.D. a name that is otherwise offensive, vulgar or obscene. We reserve the right to refuse registration of, or to cancel, a user I.D., in our sole discretion. You shall be responsible for maintaining the confidentiality of your user I.D. and password. 6.Subscriptions. 6.1 Subscription Levels and Pricing. Taylor Method Account holders may utilize the Services and its various features and functionality by subscribing to online access to the Site and the Services (the “Subscription”) and may choose one of several subscription levels (each, a “Subscription Level”). Description of included features and pricing information for each Subscription Level can be found on the services description and pricing webpage at www.taylormethod.com/pricing. 6.2 Subscription Period and Fees. The Services are offered to you as a monthly Subscription or as a 12-month prepaid Subscription (each, a “Subscription Period”). Each monthly Subscription requires a one-time initial set-up fee (the “Set-Up Fee”) in the amount effective on the date you subscribe for the Services. The applicable cost of a monthly Subscription (the “Monthly Fee”) is billed in advance each month on the calendar day corresponding to the commencement of your Subscription. You may also purchase 12-month access to Services (the “Prepaid Access”) by paying a one-time fee for the applicable Subscription Level (the “One-Time Fee,” and, together with the Monthly Fee,” the “Subscription Fees”). You will not be charged the Set-Up Fee if you purchase Prepaid Access immediately upon opening a Taylor Method Account. You must associate a valid credit card or other valid payment method accepted by Taylor Method (the “Payment Method”) with your Taylor Method Account. Your Monthly Fee payment to Taylor Method will automatically renew each month and the Payment Method associated with your Taylor Method Account will be charged the Monthly Fee for the subsequent month. Upon expiration of your Prepaid Access, you may elect to continue your Subscription on a monthly basis or purchase another Prepaid Access by paying the applicable One-Time Fee. 6.3 Upgrades and Downgrades. You may upgrade your Subscription Level at any time. You may also upgrade your Subscription Period from monthly access to Prepaid Access at any time. When you upgrade your monthly Subscription Level, we will charge you the applicable Monthly Fee starting with the month following the month in which you made the election, and for the month in which the election is made we will charge you a prorated difference between the applicable Monthly Fees for the remainder of that month. When you upgrade Subscription Level of your Prepaid Access, we will charge you a prorated difference between the applicable One-Time Fees for each Subscription for the remainder of the applicable Subscription Period. You can downgrade your Subscription Level only at the time of renewal of your Subscription upon expiration of the then-current Subscription Period. You may downgrade the Subscription Level of your Prepaid Access by giving us a written notice no later than thirty (30) calendar days prior to the expiration of your then-current Subscription Period. A downgrade request for your monthly Subscription must be received no later than five (5) business days prior to the end of your then-current month. When you purchase Prepaid Access for your monthly Subscription, we will charge you the One-Time Fee starting with the month following the month in which you made the election, and for the month in which the election is made we will charge you a prorated difference between the applicable Monthly Subscription Fees for the remainder of that month. 6.4 Payment Processing. If you wish to pay Subscription Fees in accordance with the pricing terms provided herein (each payment, a “Transaction”), you may be asked to supply certain information relevant to your Transaction including, without limitation, your credit card number, the expiration date of your credit card, and your billing address (“Payment Information”). YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY CREDIT CARD(S) OR OTHER PAYMENT METHOD(S) UTILIZED IN CONNECTION WITH ANY TRANSACTION. Payments made on the Site are processed by a third-party independent payment processor (“Processor”) that Taylor Method has engaged to process payments on its behalf, and not Taylor Method. By submitting Payment Information, you authorize the Processor to facilitate the completion of Transactions initiated by you or on your behalf. Verification of Payment Information may be required prior to the acknowledgment or completion of any Transaction. Your Transaction may also be subject to the Processor’s terms of use in addition to the terms and provision of these Terms of Service. Taylor Method is not liable or responsible for any errors or omissions caused by the Processor or failures on the part of the Processor. 6.5 Cancellation and Refunds. You may cancel your Subscription at any time upon a written notice which must be received no later than thirty (30) calendar days prior to the end of your then-current month. If you cancel your Prepaid Access, we will issue you a refund of the pro rata portion of the applicable One-Time Fee for the unused portion of the applicable Subscription Period. No refunds whatsoever will be issued if your Subscription is terminated by us, or if we block you or deny you access to the Site, the Services or the Materials, for violations of the terms and provisions of these Terms of Service. 6.6 Change in Subscription Fees. Taylor Method may change the Subscription Fees from time to time (“Fee Changes”), and will communicate any such changes to you. Fee Changes will take effect at the start of the next Subscription Period following the date of the price change. By continuing to use the Services after the Fee Changes take effect, you accept the new Subscription Fees. 6.7 Invalid Payment Method. If we are unable to charge your Subscription Fees to Payment Method associated with your Taylor Method Account due to the expiration, invalidity, or rejection of your Payment Method, we will send you a message at the email address associated with your Taylor Method Account notifying you that our attempt to charge your Subscription Fees to your Payment Method was unsuccessful. Upon receiving such message, you must log in to your Taylor Method Account and update your Payment Method. Five (5) days after the unsuccessful attempt to charge your Payment Method, we will make a second attempt. If such second attempt is unsuccessful, your Subscription will automatically be cancelled as of the date of such second attempt and we will send you a message at the email address associated with your Taylor Method Account notifying you of such cancellation. 6.8 Codes and other Limited Offers. If you have received a code sold by or on behalf of Taylor Method for the time period indicated on your email, card, or paper receipt (“Code”), or if you are accessing the Services through some other limited offer which you received as a gift or purchased from Taylor Method (“Limited Offer”), these Terms of Service apply to your access to the Services. Any separate sets of terms and conditions presented to you along with the Code or Limited Offer also apply to your access to the Services using the Code or Limited Offer. If a Code or Limited Offer has been designated for a certain country or countries, the Limited Offer is only redeemable in the country or countries for which it was designated. Codes and Limited Offers are not redeemable for cash and may not be returned for a cash refund, exchanged, resold or used to purchase other Codes or redeem other Limited Offers. 6.9 Free Trials. Occasionally, Taylor Method may authorize to offer the use of the Services through free trials for certain qualifying users. If we offer you a free trial, the specific terms of your free trial will be stated in the marketing material describing the particular free trial. To the extent a free trial is offered in conjunction with purchases of, or payment for, third party products or services, you agree that we will not be liable to you for any claims arising out of or related to your purchase or use of such third party products or services. 7. Prohibited Activities.You agree that in connection with your use of the Site, you will not: (a) use the Site for any unauthorized purpose including collecting usernames or email addresses of other users by electronic or other means for the purpose of sending unsolicited email or other electronic communications, or engaging in unauthorized framing of, or linking to, the Site without our express written consent; (b) transmit chain letters, bulk or junk email or interfere with, disrupt, or create an undue burden on the Site or the networks or services connected to the Site, including without limitation, hacking into the Site, or using the system to send unsolicited or commercial emails, bulletins, comments or other communications; (c) impersonate us or our employees or any other person or entity, sell or let others use your profile or password, provide false or misleading identification or address information, or invade the privacy, or violate the personal or proprietary right, of any person or entity; (d) decompile, disassemble, modify, translate, adapt, reverse engineer, create derivative works from or sublicense the Site, or any portion thereof; (e) circumvent, disable or otherwise interfere with security related features of the Site or features that prevent or restrict use or copying of any Materials (as defined in Section 8 below) or enforce limitations on use of the Site or the Materials on the Site; (f) use the Site in any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries); (g) engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Site, or which, as determined by us, may harm Taylor Method or users of the Site or expose them to liability; (h) use the Site in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Site, including their ability to engage in real time activities through the Site; (i) use any robot, spider or other automatic device, process or means to access the Site for any purpose, including monitoring or copying any of the Material; (j) use any manual process to monitor or copy any of the material on the Site or for any other unauthorized purpose without our prior written consent; (k) use any device, software or routine that interferes with the proper working of the Site; (l) introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful; (m) attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer or database connected to the Site; (n) attack the Site via a denial-of-service attack or a distributed denial-of-service attack; and (o) otherwise attempt to interfere with the proper working of the Site. 8. Intellectual Property Rights. All of the content, features and functionality of the Site (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof) (“Materials”) and the trademarks, service marks, and logos contained on the Site, are owned by or licensed to Taylor Method and are subject to copyright and other intellectual property rights protection under United States and foreign laws and international conventions. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Site, except as follows: (a) your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials; (b) you may store files that are automatically cached by your web browser for display enhancement purposes; (c) you may print or download one copy of a reasonable number of pages of the Site for your own personal, non-commercial use and not for further reproduction, publication or distribution; (d) if we provide desktop, mobile or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications; and (e) if we provide social media features with certain content, you may take such actions as are enabled by such features. The Site and the Materials are for your information and personal use only and not for commercial exploitation. If you wish to make any use of material on the Website other than that set out in this section, please address your request to info@taylormethod.com. No right, title or interest in or to the Site or any Materials is transferred to you, and we reserve all rights not expressly granted in and to the Site and the Materials. If you download or print a copy of the Materials for your own personal use, you must retain all trademark, copyright and other proprietary notices contained in and on the Materials. You further agree not to access the Site by any means other than through the interface that we provide, unless otherwise specifically authorized by us in a separate written agreement. To report copyright or trademark infringement, please contact us via email at info@taylormethod.com. 9. User-Provided Content. Taylor Method may allow users to submit and share comments, feedback, submissions, suggestions, questions, reviews, and other content through the Site (“Content”). By submitting Content, you warrant that (a) you are the sole author and owner of the Content; (b) you are at least 18 years old or if you are under the age of 18, you are at least 13 years old and your submission has been made under the supervision of a parent of legal guardian who agrees to be bound by these Terms of Service; and (c) use of any Content you supply will not violate these Terms of Service and will not cause injury to any person or entity. If you submit any Content to the Site, you automatically grant, or warrant that the owner of such content has expressly granted, Taylor Method a royalty-free, perpetual, irrevocable, worldwide, unlimited, nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, and display the communication or content material in any media or medium, or any form, format, or forum now known or hereafter developed. Taylor Method may sublicense its rights through multiple tiers of sublicenses. You should not submit any Content to us that you do not wish to license to us. You grant Taylor Method the right to use the name that you submit in connection with any Content. 10. Management of the Site; User Misconduct. We reserve the right, but do not undertake the obligation to: (a) monitor or review the Site for violations of these Terms of Service and for compliance with our policies; (b) report to law enforcement authorities and/or take legal action against anyone who violates these Terms of Service; (c) refuse, restrict access to or the availability of, or remove or disable (to the extent technologically feasible) any Content or any portion thereof that may violate these Terms of Service, the law or any of our policies without prior notice to you; (d) manage the Site in a manner designed to protect our and third parties’ rights and property or to facilitate the proper functioning of the Site; (e) screen our users, or attempt to verify the statements of our users; and/or (f) monitor disputes between you and other users or to terminate or block you and other users for violations of these Terms of Service. WITHOUT LIMITING ANY OTHER PROVISION OF these terms of service, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION, AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THe SITE TO ANY PERSON FOR ANY REASON OR FOR NO REASON AT ALL, INCLUDING WITHOUT LIMITATION, FOR BREACH OF ANY REPRESENTATION, WARRANTY OR COVENANT CONTAINED IN these terms of service, OR OF ANY APPLICABLE LAW OR REGULATION. 11. Linking and Third-Party Sites. 11.1 Linking to the Site. You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without our express written consent. 11.2 Linking to Third-Party Sites. The Site may also contain links or pointers to websites or destinations operated by third parties (“Third Party Sites”). These Third Party Sites are not operated or maintained by Taylor Method, and we have not reviewed, and cannot review, all of the content and material made available through Third Party Sites. The availability of these links on the Site does not represent, warrant or imply that we endorse any Third Party Sites or any materials, opinions, goods or services available on them. We will not warn you that you have left the Site and are subject to the terms and conditions (including privacy policies) of another website or destination. These Terms of Service DO NOT APPLY TO THIRD PARTY SITES. BEFORE VISITING A THIRD PARTY SITE through links or other MEANS provided on the site, You SHOULD REVIEW each THIRD PARTY SITE’S TERMS AND CONDITIONS, PRIVACY POLICY AND ALL OTHER DOCUMENTS made available on the third party site, AND INFORM Yourself OF THE REGULATIONS, POLICIES AND PRACTICES OF each THIRD PARTY SITE. Taylor Method is not responsible for the content or practices of any website or destination other than the Site, even if it links to the Site and even if the website or destination is operated by a company affiliated or otherwise connected with Taylor Method. By using the Site, the Services or the Materials, you acknowledge and agree that Taylor Method is not responsible or liable to you for any content or other materials hosted and served from any website or destination other than the Site. 11.3 Advertisements. Taylor Method takes no responsibility for advertisements or any third party material posted on the Site, nor does it take any responsibility for the products or services provided by advertisers. Any dealings you have with advertisers found while using the Site are between you and the advertiser, and you agree that Taylor Method is not liable for any loss or claim that you may have against an advertiser. 12. Claims of Copyright Infringement; Notice and Procedure.If you believe that any Content, Materials, or other material included in the Site or provided through the Services, including through a link, infringes your copyright, you should notify Taylor Method of your infringement claim in accordance with the procedure set forth below. We will process each notice of alleged infringement that we receive and take appropriate action in accordance with applicable intellectual property laws. A notification of claimed copyright infringement should be emailed to info@taylormethod.com with a subject line: “DMCA Takedown Request,” mailed by postal mail to Taylor Method Services Incorporated, Attn: Copyright Agent, P.O. Box 395, Pasadena, CA 91102. The notification must be in writing and contain the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of an exclusive copyright interest; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on the Site or Services that is reasonably sufficient to enable Taylor Method to identify and locate the material; (iv) your contact information, such as your address, telephone number, and email address; (v) 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 (vi) a statement by you that the above information in your notice is accurate and under penalty of perjury that you are authorized to act on behalf of the copyright owner or the owner of an exclusive right in the material. 13. Legal Disputes and Arbitration Agreement. Please Read The Following Clause Carefully – It May Significantly Affect Your Legal Rights, Including Your Right to File a Lawsuit in Court 13.1 Initial Dispute Resolution. We are available by email at info@taylormethod.com to address any concerns you may have regarding your use of the Site. Most concerns may be quickly resolved in this manner. Taylor Method will work in good faith to settle any dispute, claim, question, or disagreement directly through consultation and good faith negotiations, which shall be a precondition to either party initiating a lawsuit or arbitration. 13.2 Agreement to Binding Arbitration. If the parties do not reach an agreed upon solution within a period of thirty (30) days from the time informal dispute resolution is pursued pursuant to Section 13.1 above, then either party may initiate binding arbitration. All claims arising out of or relating to these Terms of Service (including its formation, performance and breach), the parties’ relationship with each other and/or your use of the Site shall be finally settled by binding arbitration administered on a confidential basis by the American Arbitration Association in accordance with the provisions of its Commercial Arbitration Rules and the supplementary procedures for consumer related disputes of the American Arbitration Association (the “AAA”), excluding any rules or procedures governing or permitting class actions. The place of arbitration shall be Los Angeles, Los Angeles County, State of California. The arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability or formation of these Terms of Service, including, but not limited to, any claim that all or any part of these Terms of Service is void or voidable. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator’s award shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction. The interpretation and enforcement of these Terms of Service shall be subject to the Federal Arbitration Act. The AAA’s rules governing the arbitration may be accessed at www.adr.org or by calling the AAA at 1.800.778.7879. To the extent the filing fee for the arbitration exceeds the cost of filing a lawsuit, we will pay the additional cost. A request for payment of fees should be submitted to AAA along with your form for initiating the arbitration, and we will make arrangements to pay all necessary fees directly to AAA. If the arbitrator finds the arbitration to be non-frivolous, we will pay all of the actual filing and arbitrator fees for the arbitration, provided your claim does not exceed $75,000. The arbitration rules also permit you to recover attorney’s fees in certain circumstances. The parties understand that, absent this mandatory provision, they would have the right to sue in court and have a jury trial. They further understand that, in some instances, the costs of arbitration could exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court. 13.3 Class Action and Class Arbitration Waiver. The parties further agree that any arbitration shall be conducted in their individual capacities only and not as a class action or other representative action, and the parties expressly waive their right to file a class action or seek relief on a class basis. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provision set forth above in Section 13.2 shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate disputes. 13.4 Exception – Small Claims Court Claims. Notwithstanding the parties’ agreement to resolve all disputes through arbitration, either party may seek relief in a small claims court for disputes or claims within the scope of that court’s jurisdiction. 13.5 30-Day Right to Opt-Out. You have the right to opt-out and not be bound by the arbitration and class action waiver provisions set forth in Sections 13.2, 13.3 and 13.4 by sending written notice of your decision to opt-out to the following address: Taylor Method Services Incorporated, P.O. Box 395, Pasadena, CA 91102 or by email to info@taylormethod.com. The notice must be sent within thirty (30) days of commencing use of the Site, otherwise you shall be bound to arbitrate disputes in accordance with the terms of those Sections. If you opt-out of these arbitration provisions, Taylor Method also will not be bound by them. 13.6 Exclusive Venue for Litigation. To the extent that the arbitration provisions set forth in Section 13.2 do not apply, the parties agree that any litigation between them shall be filed exclusively in state or federal courts located in Los Angeles County, California (except for small claims court actions which may be brought in the county where you reside). The parties expressly consent to exclusive jurisdiction in the Los Angeles County, California for any litigation other than small claims court actions. 13.7 Applicable Law. You agree that federal laws and the laws of the State of California, without regard to principles of conflict of laws, will govern these Terms of Service and any claim or dispute that has arisen or may arise between you and Taylor Method. 14. Warranty Disclaimer; Limitation on Liability. 14.1 Disclaimer of Warranties. (a) THE SITE AND ALL MATERIALS OR ITEMS PROVIDED BY TAYLOR METHOD THROUGH THE SITE ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTY OR CONDITIONS OF ANY KIND. BY OPERATING THE SITE OR THE SERVICES, WE DO NOT REPRESENT OR IMPLY THAT WE ENDORSE ANY CONTENT OR MATERIALS OR ITEMS AVAILABLE ON OR LINKED TO BY THE SITE, INCLUDING WITHOUT LIMITATION, CONTENT HOSTED ON THIRD PARTY SITES, OR THAT WE BELIEVE CONTENT OR MATERIALS OR ITEMS TO BE ACCURATE, USEFUL OR NON-HARMFUL. WE CANNOT GUARANTEE AND DO NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE SITE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF SERVICE. YOU AGREE THAT YOUR USE OF THE SITE WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE AND EACH OF OUR ADVERTISERS, LICENSORS, SUPPLIERS, OFFICERS, DIRECTORS, INVESTORS, EMPLOYEES, AGENTS, SERVICE PROVIDERS AND OTHER CONTRACTORS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED IN CONNECTION WITH THE SITE AND YOUR USE OF THE SITE. (b) WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY, RELIABILITY, TIMELINESS OR COMPLETENESS OF THE SITE’S OR THE SERVICES’ CONTENT, THE CONTENT OF ANY SITE LINKED TO THE SITE, CONTENT, INFORMATION OR ANY OTHER ITEMS OR MATERIALS ON THE SITE OR LINKED TO BY THE SITE. WE ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (A) ERRORS, MISTAKES OR INACCURACIES OF CONTENT AND MATERIALS, (B) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE, (C) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL INFORMATION STORED THEREIN, (D) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, (E) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, OR (F) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE. NO INFORMATION OR ADVICE, WHETHER EXPRESSED, IMPLIED, ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SITE, THE SERVICES OR THROUGH ANY OTHER RESOURCE WE PROVIDE SHALL CREATE ANY WARRANTY, GUARANTEE, OR CONDITIONS OF ANY KIND, EXCEPT FOR THOSE EXPRESSLY OUTLINED IN THESE TERMS. (c) ANY AND ALL INFORMATION PRESENTED ON THE SITE OR THROUGH THE SERVICES IS FOR YOUR PERSONAL EDUCATIONAL AND INFORMATIONAL PURPOSES ONLY, AND IS PROVIDED TO YOU ONLY AS GENERAL INFORMATION. THE INFORMATION PRESENTED ON THE SITE AND THROUGH THE SERVICES IS NOT INTENDED TO BE, AND DOES NOT QUALIFY AS, PROFESSIONAL ADVICE THAT MAY REQUIRE, OR ENABLE OBTAINING, LICENSURE, ACCREDITATION OR CERTIFICATION. TAYLOR METHOD DOES NOT REPRESENT THAT IT IS DULY LICENSED TO PROVIDE ANY OF THE PROFESSIONAL SERVICES THAT REQUIRE LICENSURE, ACCREDITATION OR CERTIFICATION, AND DOES NOT ENABLE OBTAINING ANY LICENSURE, ACCREDITATION OR CERTIFICATION. WE STRONLY ADVISE YOU TO SEEK A LICENSED OR CERTIFIED PROFESSIONAL TO ADDRESS YOUR SPECIFIC QUESTIONS AND SITUATION. 14.2 Limited Liability. IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE SITE, CONTENT, MATERIALS OR ANY OTHER CONTENT THEREIN, WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER BASIS, EVEN IF TAYLOR METHOD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THESE TERMS OF SERVICE, OUR LIABILITY TO YOU IN RESPECT OF ANY LOSS OR DAMAGE SUFFERED BY YOU AND ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF SERVICE, WHETHER IN CONTRACT, TORT OR FOR BREACH OF STATUTORY DUTY OR IN ANY OTHER WAY SHALL NOT EXCEED $50. 14.3 Exceptions to Disclaimers and Liability Limitations. SOME STATES OR JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES, OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF YOU RESIDE IN ONE OF THESE STATES OR JURISDICTIONS, THE LIMITATIONS OR EXCLUSIONS IN SECTIONS 14.1 AND 14.2 MAY NOT APPLY TO YOU. 15. Indemnity. You hereby agree to indemnify and hold Taylor Method, our subsidiaries, affiliates, and licensors and their respective officers, directors, agents, partners, employees and advisors, harmless from any loss, liability, claim, or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Site, the Services, the Materials or any content provided therein in violation of these Terms of Service or any applicable law, regulations, professional or ethical codes, standards or guidelines, or any breach of your representations and warranties set forth herein. You hereby agree to indemnify and hold us harmless from the use by you of any information provided through the Site, the Services or the Materials, and you assume full risk and responsibility for the use of information you obtain from or through the Site, the Services or the Materials hereby also agree that Taylor Method is not responsible or liable for any claims, losses, damages or liabilities to any third party arising from the use of such information. You acknowledge and agree to make an independent determination of the suitability of the Site, the Services, any of the Materials and content therein for your own use. 16. Independent Contractors. Nothing in these Terms of Service shall be deemed to create an agency, partnership, joint venture, employer-employee or franchisor-franchisee relationship of any kind between Taylor Method and any user. 17. No Third Party Beneficiaries. These Terms of Service are between you and Taylor Method. There are no third-party beneficiaries to these Terms of Service. 18. Section Titles. The section titles in these Terms of Service are for convenience only and have no legal or contractual effect. 19. Non-Waiver. Our failure to exercise or enforce any right or provision of these Terms of Service shall not operate as a waiver of the applicable right or provision. 20. Severability. These Terms of Service operate to the fullest extent permissible by law. If any provision or part of a provision of these Terms of Service is unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms of Service and shall not affect the validity and enforceability of any remaining provisions. 21. Integration. These Terms of Service, including Taylor Method’s Privacy Policy, which is incorporated in these Terms of Service, and any end user license agreement that might accompany Taylor Method authorized applications, features and devices, constitute the entire legal agreement between you and Taylor Method and govern your use of the Site, the Services, the Content and the Materials (excluding any services, if any, that Taylor Method may provide to you under a separate signed written agreement), and completely replaces any prior agreements between you and Taylor Method in relation to the Services. 22. Assignment. We may assign our rights under these Terms of Service without your approval. 23. Amendment. Except as set forth in Section 1 above, these Terms of Service may not be amended or varied except in a writing signed by Taylor Method. 24. No Modifications by Our Employees. If any of our employees offers to modify the terms of these Terms of Service, he or she is not acting as an agent for us or speaking on our behalf. You may not rely, and should not act in reliance on, any statement or communication from our employees or anyone else purporting to act on our behalf. 25. Contact Information. If you have any questions about these Terms of Service or your account, you may contact us by email at info@taylormethod.com or by postal mail at Taylor Method Services Incorporated, P.O. Box 395, Pasadena, CA 91102.