dearJulius.com

Terms of Use

Terms of Use


We welcome readers and visitors to our terms and conditions for use of dearJulius.com and its associated websites, its contents, services, and applications.

By using this Site, you signify your assent to these terms of use (“TOU” or “Terms of Use”). If you do not agree to all of these Terms of Use, do not use this site!

We may revise and update these Terms of Use at any time. Your continued usage of this Site will mean you accept those changes. As used herein, the term “Site” refers to the dearJulius.com website, mobile-optimized versions of the website, and digital applications to which this Terms of Use is linked.

Please read these terms and conditions of use carefully before using this site.



Ownership of Content

Source web sites (sites from which we aggregate content) may offer featured articles, pictures, information, digital images, games, surveys, contests and sweepstakes, advertising, logos, trademarks, and other content (collectively referred to hereinafter as “Content”, but excluding specifically User Content as defined below) we hope will be of interest to our visitors. Content may be in the form of text, data, music, sound, graphics, images, pictures, photographs, videos, software or other forms now known or later invented. Source websites make no representations or warranties that the Content is available, appropriate, or legal to access. Except for User Content (as hereinafter defined), all Content posted on or otherwise available via this Site is owned by source websites or used with authorization. Please feel free to browse the Site, but you must respect the rules and restrictions set forth in these TOU and our intellectual property rights as set forth in these TOU. Please note that downloading software, information, data, or images from this Site does not give you title or other rights to such Content.



Restrictions on the Use of the Site

As a condition of using this Site, you agree that you will not:

a) Without the prior written consent of dearJulius.com, modify, distribute, transmit, display, perform, reproduce, publish, license, create derivative works of, transfer, or sell any Content;
(b) Submit, display, or transmit any User Content (as hereinafter defined) that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party, or User Content that you do not have a right to make available under any law or under contractual or fiduciary relationships;
(c) Submit, display, or transmit any User Content for which you do not own or have the necessary and appropriate rights; (d) Submit, display, or transmit any spam, duplicative messages, unauthorized promotions or advertisements, surveys, contests, chain letters, or pyramid schemes;
(e) Forge headers, create a false identity, or otherwise manipulate identifiers in order to deceive others or disguise the origin of any User Content transmitted to or via the Site;
(f) Use the Site to threaten, defame, abuse, assault, stalk, harass or otherwise violate the rights of any other person or entity, including without limitation rights of privacy or publicity;
(g) Publish, post, display, offer, or disseminate any profane, obscene, indecent, unlawful, terroristic, violent, or hateful User Content;
(h) Collect, store, publish, post, sell, transmit, or disclose personal data about other users of the Site; or
(i) Monitor or copy Content.



This Site Does Not Provide Medical Advice

Certain pages of this Site relate to the topic of health. The content of these pages, and all pages of the Site, are for informational purposes only. The Content is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or another qualified health provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read on this Site. If you think you may have a medical emergency, seek appropriate help such as calling your doctor or 911 immediately. We do not recommend or endorse any specific tests, products, procedures, opinions, or other information that may be mentioned on the Site.

The Site may contain health or medically-related materials that you find sexually explicit or otherwise offensive. We have no control over and accept no responsibility for such materials. You are solely responsible for compliance with the laws applicable to your country of residence.



Children’s Privacy

dearJulius.com is committed to protecting the privacy of children. You should be aware that this Site is not intended or designed to attract children younger than 13. This Site does not collect personally identifiable information from any person it actually knows is a child younger than 13. To further learn about dearJulius.com’s privacy commitment, please refer to the Privacy Policy.



Site Security Use Restrictions

dearJulius.com takes the security of this website and its other websites seriously. Therefore, in addition to the restrictions set forth above, you may not:
(a) interfere or attempt to interfere with the proper working of this website or any activity or service on this website by using any robot, “bot”, spider, crawler, engine, device, software, tool, routine, or any other automatic device or manual process of any like or kind without our written permission, or engage in any activity which interferes with the proper working of or access to this site or to any host or network;
(b) attempt to access data or information not intended for you or log onto a server or account that you are not authorized to access;
(c) access or attempt to access any system or servers on which the site is hosted or modify or alter the site in any way;
(d) upload or otherwise transmit files that contain viruses, worms, Trojan horses, malicious code, spyware, adware, sniffers, corrupted files, or similar software or programs;
(e) restrict or prevent any other user from using the site and/or any products, services, or Content posted on or offered through the site;
(f) post or upload User Content (as hereinafter defined) that disrupts the normal flow of dialogue with an excessive amount of User Content (flooding attack) to the site, or that otherwise negatively affects other users’ ability to use this Site; or
(g) link to, frame, or otherwise reproduce this Site without the prior written consent of dearJulius.com.

dearJulius.com reserves the right to investigate any violations of its system, network, or website security, to involve and cooperate with law enforcement authorities in investigating such violations, and to prosecute violators to the fullest extent of the law.



Children’s Privacy

Copyright to all Content on the site is owned by the source websites. No Content or other material from this site may be copied, reproduced, published, republished, uploaded, posted, displayed, transmitted, modified, used to prepare derivative works, distributed or redistributed in any way in any medium whatsoever now known or later invented, except that you may download one copy of the material on any single computer for your personal, non-commercial home use only, provided you retain all copyright and other proprietary notices. Any attempt to modify these materials or to use these materials for any other purpose constitutes a violation of our copyright and other proprietary rights and may subject you to injunctive relief, statutory damages, and other penalties.



Procedures for Making Copyright Infringement Claims

Except as expressly provided above, nothing contained herein shall be construed as conferring any license or right under any copyright or any other intellectual property right. It is our policy to respond appropriately to notices of alleged infringement that comply with the Digital Millennium Copyright Act (“DMCA”), including by removing or disabling access to material claimed to be the subject of infringing activity. If you are an owner of intellectual property who believes that your intellectual property has been improperly posted or distributed via this website, please read our Copyright Policy.



Trademarks and Proprietary Rights Notices

All trademarks, logos, trade names, or service marks (collectively the “Marks”) mentioned, used, or displayed on this Site are either owned by dearJulius.com or otherwise are owned by the source websites. You may not display or reproduce the Marks other than with the prior written consent of dearJulius.com. You may not remove, obscure, or otherwise modify any copyright, trademark, confidentiality, or other proprietary rights notices displayed on, embedded in, or otherwise appearing in any Content offered by, viewed on, or received through this Site.



User Content

This Site allows users to post, submit, or display information, messages, suggestions, questions, comments, postings, advertisements, ratings, ideas, techniques, notes, know-how, drawings, concepts, designs, audiovisual material, photographs, and pictures (including pictures of the user and other representations of the user’s name and likeness), digital images, or other content in any form (collectively “User Content”). By posting User Content on this site you hereby grant this site an unrestricted, transferable and sub-licensable, irrevocable, royalty-free, worldwide, and perpetual license to reproduce, distribute, publicly display, make derivative works of, and otherwise use the User Content in any media whatsoever now known or later invented throughout the world for any purpose whatsoever, commercial or not. You hereby disclaim any right to any compensation from this Site in connection with the exercise of its license rights in and to the User Content you have posted on this site. You acknowledge and agree that this Site is under no obligation of confidence to you, and shall not be liable for any use or disclosure of any User Content. By posting the User Content on any site, you represent and warrant that you own the copyright in such User Content or that you have a legitimate license to post the User Content, including photographs or other audiovisual material, without any restrictions whatsoever.

This Site has no obligation to monitor this site or any portion thereof. However, this Site reserves the right to review any User Content and remove, delete, redact, or otherwise modify such User Content, in its sole discretion, at any time and from time to time, without notice or further obligation to you. This Site has no obligation to display or post any User Content. This Site reserves the right to disclose, at any time and from time to time, any information or User Content that this Site deems necessary or appropriate to satisfy any applicable law, regulation, contractual obligation, legal, dispute process, or governmental request. dearJulius.com shall have no liability in connection with any User Content submitted to, transmitted via, or displayed, or posted on this site.



Links and Third Party Sites

This Website may contain links to and from third-party sites, including but not limited to sites operated by advertisers, vendors, and/or promotional or business partners. Sites and e-commerce opportunities operated by third parties are subject to terms and conditions set by those parties, so you should check each site to be sure you understand the terms, conditions, policies, and requirements of that site. dearJulius.com does not endorse, and the inclusion of any link on this site does not imply an endorsement of, any individual vendor, advertiser, or other third party or any of their products or services, and has not taken any steps to confirm the accuracy or reliability of any of the information provided by any third party. dearJulius.com has no control over (a) the quality, safety, or legality of any item advertised or listed by any third party, including vendors, advertisers, or other business partners; or (b) the content of, or any products or services offered by, websites operated by third parties. dearJulius.com does not guarantee that you will be satisfied with products or services purchased from vendors, advertisers, or other third parties that link to dearJulius.com. You acknowledge and agree that dearJulius.com has not reviewed all of the sites linked to or from this website, does not endorse such sites, is not responsible for such sites, and under no circumstances shall be liable for the contents, products, or services of any off-site pages or of any third party sites linked to or from this website. Your linking to any other off-site pages or other sites is at your own risk. Vendors and advertisers are solely responsible for the accuracy of the information they provide, for warranties and guarantees on goods or services sold, for delivery schedules, and for return policies.



Privacy

It is our policy to respect the privacy of visitors at our site. Click here to review our Privacy Policy. The terms and conditions of our Privacy Policy are hereby incorporated into these TOU, and these TOU are incorporated into our Privacy Policy. Your use of this site is subject to both the Privacy Policy and these TOU.



Limitation of warranties

This website and the content, information, products, and services on or through it “as is”, and “as available”, without any warranty of any kind, expressed, implied, or statutory. We specifically disclaim any implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Some states may not allow the exclusion of implied warranties, so check local laws.



Limitation of liability

the Site does not warrant that the content or services at the site or functions contained in the materials at the site will be available, uninterrupted or error-free, that defects will be corrected, that this site or the server that makes it available are free of viruses or other harmful components, that all products listed, sold or advertised are available, or that all transactions will be completed. Neither the website nor any of its officers, directors, employees, representatives, agents, licensors or licensees warrant or make any representations that the content, materials, or information contained at this site are correct, accurate, complete, up to date, and/or reliable.

In no event shall anyone who helped develop, create, produce, display, transmit or deliver the content, material, and information used in this site be liable for lost profits or any special, punitive, treble, enhanced, incidental, or consequential damages arising out of, or in connection with, use of our site, links to or from this site, information posted on our site, our services, any products or services you purchase, or this agreement, even if they have been advised of the possibility of such damages. In no event shall our liability to you or any third parties in any circumstances for any and all losses, whether in contract, tort, or otherwise, exceed the amount paid by you, if any, for accessing this site. Neither we nor any of affiliates, parents, subsidiaries, officers, directors, employees, representatives, agents, licensors, or licensees shall be liable for any losses you might sustain by engaging in transactions with buyers or sellers who you meet as a result of classified advertisements posted on any source web site.

Some states do not allow the limitation of liability, so check local laws.



Indemnity and Hold Harmless

We are not responsible for the accuracy, quality, safety, legality, intellectual property compliance, privacy policy, or content of any information, product, or service offered by users, vendors, advertisers, promotional or business partners, or any third-party sites, and you irrevocably waive any claim against this Site and its officers, directors, employees, representatives, agents, licensors and licensees with respect to the same. This Site does not guarantee such accuracy and makes no representations regarding the use or results of the use of any Content on this site in terms of its accuracy, reliability, or any other matter. You assume the risk of their use and the entire cost of all necessary loss, servicing, repair or correction as a result of their use.

You agree to hold this site and its officers, directors, employees, representatives, agents, licensors, and licensees harmless from any and all claims, demands, attorneys’ fees, damages (actual and consequential) of every kind or nature, known and unknown, disclosed or undisclosed, arising out of, or any way connected with the use of any information at this site, any transaction occurring through this site, the safety or quality of any goods or services purchased or sold through this site or the truth or accuracy of any claim made about such goods or services. California residents expressly agree to waive California Civil Code Section 1542, which states: “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor”. Residents of California are entitled to the following specific consumer rights information: you may contact the Consumer Information Center at (800) 952-5210 or dca@dca.ca.gov of the California Department of Consumer Affairs for consumer inquiries, or you may write to the Department of Consumer Affairs at the following address: Department of Consumer Affairs, Consumer Information Division, 1625 North Market Boulevard, Suite N 112, Sacramento, CA 95834.

You also agree to indemnify, defend, and hold dearJulius.com and its officers, directors, employees, representatives, agents, licensors, and licensees harmless from any loss, claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of this website, your breach of these Terms of Use or the documents that it incorporates by reference or your violation of any law or the rights of any third party in connection with your use of this site.



Termination of Services

We may eliminate or terminate any Content or service posted on or made available through our website without notice to you at any time at our sole discretion. Without limiting any other remedy, the Site reserves the right, in its sole discretion, to immediately issue a warning or to immediately, temporarily, or permanently suspend or terminate your participation in the site or any area of the site, and to refuse to provide our services to you if: (i) you breach these TOU or any of the rules or eligibility requirements of this site or the services offered at this site; (ii) if we are unable to verify or authenticate any billing information you provide to us; or (iii) or if we believe that your actions may cause damage, harm or legal liability to you, or to any vendor, business or promotional partner, advertiser, other users, the public, or us.



Modifications to these Terms of Use

dearJulius.com reserves the right, in its sole discretion, to change, modify, add, or remove portions of these TOU at any time, so please check this site periodically for changes. Changes to these TOU shall be effective upon posting. Continued use of the Site following the effective date of any changes to these TOU constitutes your acceptance of those changes.



General Provisions

(a) Severability. If any provision of these TOU is held to be invalid or unenforceable, it shall be stricken without affecting the validity of the remaining portions of these TOU. Headings are for convenience only and are not intended to in any way confine, limit, construe or describe the scope or extent of such section.

(b) No Waiver. No waiver by dearJulius.com of any breach of these TOS by you shall constitute a waiver of this or any other provision of these TOUs or alter or limit our right to act with respect to subsequent or similar breaches.

Entire Agreement. These Terms of Use and the materials incorporated by reference herein, including the dearJulius.com Privacy Policy, form the entire understanding and agreement between you and dearJulius.com with respect to your use of this site and the services offered hereunder and may be modified only in accordance with the procedures specified herein.

(d) No Agency. You acknowledge and agree that dearJulius.com, in providing this site, is not acting for or on behalf of either you, or any vendor, business or promotional partner, or advertiser. You and our vendors, business or promotional partners, and advertisers are independent contractors. No agency, fiduciary, partnership, joint venture, employer/employee, or franchiser/franchisee relationship is intended or created by these TOU between dearJulius.com and either you or any vendor, business, or promotional partner or advertiser at this site.

(e) Governing Law/Venue. Your use of this website and any dispute arising out of or relating to your use of this website will be governed by the laws of the State of California, irrespective of its conflicts of laws provisions. In the event that dearJulius.com wises to pursue injunctive or other equitable relief as a result of your violation of these TOU and/or your infringement of dearJulius.com’s intellectual property rights, dearJulius.com may bring legal action against you in any federal or state court having jurisdiction.





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