TERMS, CONDITIONS & LEGAL DISCLAIMER
Welcome to Be Patient with Me! Thanks for using our services and products. By entering and using our service, you are agreeing to these terms, conditions, and legal disclaimers. Please take the time to read them carefully.
This Website is provided by Be Patient with Me, LLC and its subsidiaries, including, without limitation, any affiliated third parties or brands. These “Terms and Conditions of Website Use” (this “User Agreement“) govern your use of the Website, regardless of how you access or use it. By “Website“, we mean the Internet domain address within which this User Agreement is posted and all features, applications, content, and downloads that are controlled and operated by us and that are available through or interact with it, and/or post links to this User Agreement.
IF YOU’RE UNDER THE AGE OF MAJORITY (which is 18 years old in most states), then your parent or guardian may be liable for some or all of your activities on the Website. Because of this, and because it’s prudent for your parent or guardian to be aware of your activities, including the websites that you visit, you should make your parent or guardian aware that you are using the Website – as this User Agreement and your use of the Website affect their legal rights and obligations.
BEFORE YOU ENTER THIS WEBSITE, carefully read this User Agreement, as it constitutes a written agreement between you and Be Patient with Me and its founder, and it affects your legal rights and obligations.
Each time you access and/or use the Website you agree to follow all of the terms of this User Agreement and any Additional Terms. Therefore, do not use the Website if you do not agree to all of the terms of this User Agreement and any Additional Terms.
Without the limitations that are set forth in this User Agreement — such as your grants and waivers of rights, the limitations on our liability, your indemnity of us, and our arbitration of certain disputes – Be Patient with Me would not make the Website available to you.
Summary of Key Terms
Each time you use the Website, this User Agreement applies to your use. Any updates to it will apply to you; so you should check back frequently for any updates.
You may only use the Content on the Website in connection with your permitted activities on the Website – and not in an offline environment or on another website. You should not use the Website for commercial, political, or inappropriate purposes.
By using the Website, you will not obtain any ownership or intellectual property or other interest in it or any virtual or other items that may be used in connection with it.
Many types of disputes that may arise in connection with your access to and use of the Website may only be resolved by arbitration – which includes your waiver of a right to a jury trial.
Be Patient with Me is providing the Website to you on an “as is” basis, without any warranty of any kind, and Be Patient with Me’s liability to you in connection with your use of the Website is very limited. Many other limitations and disclaimers relate to your use of the Website.
In some instances, both this User Agreement and separate guidelines, rules, or terms of service or sale setting forth additional or different terms and/or conditions will apply to your use of the Website or to a service or product offered via the Website. To the extent there is a conflict between this User Agreement and any Additional Terms, the Additional Terms will control unless the Additional Terms expressly state otherwise.
Table of Contents
- Website Content, Ownership, Limited License, and Rights of Others.
- Content You Submit and Community Usage Rules.
- Website and Content Use Restrictions.
- Procedure for Alleging Copyright Infringement or Infringement of Other Intellectual Property.
- Any Solicited Ideas and/or Materials are Non-Confidential & Subject to Rules & Restrictions.
- Opening and Terminating Accounts.
- Website Access; Charges; Registration; Usage Subscriptions; Virtual Goods and Services; No Monetary Value or Property Interest; Transfers Prohibited.
- Links by You to the Website.
- Linked-To Websites; Advertisements; Dealings with Third Parties.
- Dispute Resolution.
- DISCLAIMER OF REPRESENTATIONS AND WARRANTIES.
- LIMITATIONS OF LIABILITY OF BE PATIENT WITH ME PARTIES.
- Waiver of Injunctive or Equitable Relief.
- General Provisions.
- Content. The Website contains a variety of: (i) materials and other items relating to Be Patient with Me and its products and services, and similar items from our licensors and other third parties, including all layout, information, text, data, files, images, scripts, designs, graphics, button icons, instructions, illustrations, photographs, audio clips, music, sounds, pictures, videos, advertising copy, URLs, technology, software, interactive features of the Website, and the compilation, assembly, and arrangement of the materials of the Website and any and all copyrightable material; (ii) trademarks, logos, trade names, service marks, and trade identities of various parties,; and (iii) other forms of intellectual property and all of the foregoing, called “Content”.
- Ownership. The Website (including past, present, and future versions) and the Content are owned or controlled by Be Patient with Me and our licensors and certain other third parties. All right, title, and interest in and to the Content available via the Website is the property of Be Patient with Me or our licensors or certain other third parties, and is protected by U.S. and international copyright, trademark, patent, or other intellectual property rights and laws to the fullest extent possible. Be Patient with Me and its founder owns a copyright in the selection, compilation, assembly, arrangement, and enhancement of the Content on the Website.
- Limited License. Be Patient with Me grants you a limited, non-exclusive, revocable, non-assignable, personal, and non-transferable license to (i) download (temporary storage only), display, view, use, play, and/or print one copy of the Content that is made available to access and use via a standard web browser to enable display) on a personal computer, mobile phone or other wireless device, or other Internet enabled device for your personal, non-commercial use only, and (ii) to use certain Content that we may from time to time make available on the Website explicitly for you to use as part of your User-Generated Content, but only for such purposes as may be explicitly stated at the time that Be Patient with Me Content is made available on the Website; but we and our licensors and certain other third parties, as the case may be, retain ownership of the content. The foregoing limited license (i) does not give you any ownership of, or any other intellectual property interest in, any Content, and (ii) may be immediately suspended or terminated for any reason, in our sole discretion, and without advance notice or liability.
- Rights of Others. You must respect the intellectual property and other rights of Be Patient with Me and others. Your unauthorized use of Content may violate copyright, trademark, privacy, publicity, communications, and other laws, and any such use may result in your personal liability, including potential criminal liability.
- User-Generated Content.
- General. Be Patient with Me may now or in the future offer visitors to the Website the opportunity to post, upload, display, publish, distribute, transmit, broadcast, or otherwise make available on or submit through the Website messages, text, illustrations, files, images, graphics, photos, comments, sounds, music, videos, information, content, ratings, reviews, data, questions, suggestions, personally identifiable information, or other information or materials and the ideas contained therein. Be Patient with Me may post this through forums, blogs, message boards, social networking environments, social communities, email, and other communications functionality. Subject to the rights and license you grant in this User Agreement, you retain whatever legally cognizable right, title, and interest that you have in your User-Generated Content.
- Non-Confidentiality of Your User-Generated Content. You agree that (a) your User-Generated Content will be treated as non-confidential and non-proprietary and will not be returned, and (b) Be Patient with Me and its founder do not assume any obligation of any kind to you or any third party with respect to your User-Generated Content. You will furnish us with any documentation necessary to substantiate these rights and verify your compliance with this User Agreement or any Additional Terms. You acknowledge that the Internet may be subject to breaches of security and that you are aware that submissions of User-Generated Content may not be secure, and you will consider this before submitting any User-Generated Content.
- License to Be Patient with Me of Your User-Generated Content. Except as otherwise described in any Additional Terms, which will govern the submission of your User-Generated Content, you hereby grant to Be Patient with Me, and you agree to grant to Be Patient with Me and its founder, the non-exclusive, unrestricted, unconditional, unlimited, worldwide, irrevocable, perpetual, and cost-free right and license to use, copy, record, distribute, reproduce, disclose, sell, re-sell, sublicense (through multiple levels), display, publicly perform, transmit, publish, broadcast, translate, make derivative works of, and otherwise exploit in any manner whatsoever, all or any portion of your User-Generated Content (and derivative works thereof), for any purpose whatsoever in all formats, on or through any media, software, formula, or medium now known or hereafter developed, and with any technology or devices now known or hereafter developed, and to advertise, market, and promote the same. Without limitation, the granted rights include the right to: (a) configure, host, index, cache, archive, store, digitize, compress, optimize, modify, reformat, edit, adapt, publish in searchable format, and remove such User-Generated Content and combine same with other materials, and (b) use any ideas, concepts, know-how, or techniques contained in any User-Generated Content for any purposes whatsoever, including developing, manufacturing, and marketing products and/or services. In order to further effect the rights and license that you grant to Be Patient with Me to your User-Generated Content, you also hereby grant to Be Patient with Me, and agree to grant to Be Patient with Me and its founder, the unconditional, perpetual, irrevocable right to use and exploit your name, persona, and likeness in connection with any User-Generated Content, without any obligation or remuneration to you. You hereby waive, and you agree to waive, any moral rights (including attribution and integrity) that you may have in any User-Generated Content, even if it is altered or changed in a manner not agreeable to you. To the extent not waivable, you irrevocably agree not to exercise such rights (if any) in a manner that interferes with any exercise of the granted rights. You understand that you will not receive any fees, sums, consideration, or remuneration for any of the rights granted in this Section.
- Be Patient with Me’s Exclusive Right to Manage All User-Generated Content. Be Patient with Me and its founder will not have any obligation to, review, monitor, display, post, store, maintain, accept, or otherwise make use of, any of your User-Generated Content, and Be Patient with Me reserves the right in its sole discretion, to delete, move, re-format, edit, alter, remove, or refuse to post or otherwise make use of User-Generated Content without notice or any liability to you or any third party. Be Patient with Me reserves the right to treat User-Generated Content on the Website as content stored for which Be Patient with Me will exercise control to block or remove content that comes to Be Patient with Me’s attention and is offensive, obscene, lewd, lascivious, filthy, violent, harassing, threatening, abusive, illegal or otherwise objectionable to Be Patient with Me, or to enforce the rights of third parties or the content restrictions. Such User-Generated Content submitted by you or others need not, however, be maintained on the Website by us for any period of time and you will not have the right, once submitted, to access, archive, maintain, or otherwise use such User-Generated Content on the Website.
- Representations and Warranties Related to Your User-Generated Content. Each time you submit any User-Generated Content, you represent and warrant that you are at least the age of majority in the state in which you reside and are the parent or legal guardian, or have all proper consents from the parent or legal guardian, of any minor who is depicted in or contributed to any User-Generated Content you submit, and that, as to that User-Generated Content, (a) you are the sole author and owner of the intellectual property and other rights to the User Generated Content, or you have a lawful right to submit the User-Generated Content or Materials, and grant Be Patient with Me the rights to it that you are granting by this User Agreement and any Additional Terms, all without any Be Patient with Me obligation to obtain consent of any third party and without creating any obligation or liability; (b) the User-Generated Content or Materials are accurate; (d) the User-Generated Content does not and, as to Be Patient with Me’s permitted uses and exploitation set forth in this User Agreement, will not infringe any intellectual property or other right of any third party; and (e) the User-Generated Content will not violate this User Agreement or any Additional Terms, or cause injury or harm to any person.
- Enforcement. Be Patient with Me has no obligation to monitor or enforce your intellectual property rights to your User-Generated Content or Materials; instead you grant us the right to protect and enforce our rights to your User-Generated Content, including by bringing and controlling actions in your name and on your behalf, to which you hereby consent and irrevocably appoint Be Patient with Me as your attorney-in-fact, with the power of substitution and delegation.
- Nature of Rules. Your participation in the Communities is subject to all the terms in this User Agreement, including these Rules:
- Your User-Generated Content. Do not use any User-Generated Content that belongs to other people and pass it off as your own; this includes any content that you might have found elsewhere on the Internet, such as visible logos, phrases, or trademarks that belong to third parties. If anyone contributes to your User-Generated Content or has any rights to your User-Generated Content, or if anyone appears in the User-Generated Content, then you must also have their permission to submit such User-Generated Content to Be Patient with Me.
- Speaking of Photos: No Photos, Videos, or Images of Anyone Other Than You and Your Friends and Family. If you choose to submit photos to the Website, or include other images of real people, then make sure they are of you or of you and someone you know – and only if you have their permission to submit them. Additionally, if the photo, video, or image includes a minor, you must be the parent or guardian of the child, or have permission from the child’s parents or guardians, prior to submitting them. We will send a request form as needed.
- Act Appropriately. Be respectful of others’ opinions, life-sharing experiences, and comments so we can continue to create and build Communities for everyone to enjoy. If you think your User-Generated Content might offend someone or be embarrassing to someone, then chances are it probably will and it doesn’t belong on the Website. Cursing, harassing, stalking, insulting comments, personal attacks, gossip, and similar actions are prohibited. Your User-Generated Content must not threaten, abuse, or harm others, and it must not include any negative comments that are connected to race, national origin, gender, sexual orientation, or physical handicap. Your User-Generated Content must not be defamatory, slanderous, indecent, obscene, pornographic, or sexually explicit.
- Do Not Use for Commercial or Political Purposes. Your User-Generated Content must not advertise or promote a product or service or other commercial activity, or a politician, public servant, or law. If you submit User-Generated Content that Be Patient with Me reasonably believes violates this paragraph, then we may take any appropriate legal action, in our sole discretion.
- Do Not Use for Inappropriate Purposes. Your User-Generated Content must not promote any infringing, illegal, or other similarly inappropriate activity. If you submit User-Generated Content or Materials that Be Patient with Me reasonably believes violates this paragraph, then we may take any appropriate legal action, in our sole discretion.
- Be Honest and Do Not Misrepresent Yourself or Your User-Generated Content. Do not impersonate any other person, user, or company, and do not submit User-Generated Content that you believe may be false, fraudulent, deceptive, inaccurate, or misleading, or that misrepresents your identity or affiliation with a person or company.
- Others Can See. We hope that you will use the Communities to exchange information and content, share your life experiences, tell stories that have interested you most in your life, and have discussions with other members. However, please remember that the Communities are a public forum and User-Generated Content that you submit on the Website within a Community will be accessible and viewable by other users. Be Patient with Me reserves the right to conceal your true identity. All information provided by you may be altered, edited or removed by Be Patient with Me before publication for your privacy and protection.
- Don’t Share Other People’s Personal Information. Your User-Generated Content must not reveal another person’s address, phone number, e-mail address, social security number, credit card number, medical information, financial information, or any other information that may be used to track, contact, or impersonate that individual, unless specifically requested by Be Patient with Me.
- Don’t Damage the Website or Anyone’s Computers or Other Internet Devices. Your User-Generated Content must not submit viruses, Trojan horses, spyware, or any other technologies or malicious code that could impact the operation of the Website or any computer or other Internet Device.
- We reserve the right to request at any time proof of the permissions referred to above in a form acceptable to us. Failure to provide such proof may lead to, among other things, the User-Generated Content in question being removed from the Website, and/or referral for investigation by law enforcement agencies.
- Your Interactions with Other Users; Disputes. You are solely responsible for your interaction with other users of the Website, whether online or offline. We are not responsible or liable for the conduct or content of any user. We reserve the right, but have no obligation, to monitor or become involved in disputes between you and other users. Exercise common sense and your best judgment in your interactions with others and in all of your other online activities.
- Website Use Restrictions. You agree that you will not: (a) use the Website for any commercial or political purpose; (b) engage in any activities through or in connection with the Website that seek to attempt to or do harm any individuals or entities or are unlawful, offensive, obscene, lewd, lascivious, filthy, violent, threatening, harassing, or abusive, or that violate any right of any third party, or are otherwise objectionable to Be Patient with Me and its founder; (c) reverse engineer, decompile, disassemble, reverse assemble, or modify any Website source or object code or any software or other products, services, or processes accessible through any portion of the Website; (d) engage in any activity that interferes with a user’s access to the Website or the proper operation of the Website, or otherwise causes harm to the Website, Be Patient with Me, or other users of the Website; (e) interfere with or circumvent any security feature of the Website or any feature that restricts or enforces limitations on use of or access to the Website, the Content, or the User-Generated Content; or (f) otherwise violate this User Agreement or any Additional Terms.
- Content Use Restrictions. You also agree in using the Content that: (a) you will not monitor, gather, copy, or distribute such Content (except as may be a result of standard search engine or activity or use of a standard Internet browser) on the Website by using any spyware, engine, device, software, extraction tool, or any other automatic device, utility, or manual process of any kind; (b) you will not utilize framing techniques to enclose any such Content including any images, text, or page layout; (c) you will keep intact all trademark, copyright, and other intellectual property notices contained in such Content; (d) you will not make any modifications or alterations to such Content; (e) you will not modify, reproduce, archive, sell, lease, rent, exchange, create derivative works from, publish by hard copy or electronic means, publicly perform, display, disseminate, distribute, broadcast, retransmit, circulate to any third party or on any third-party website, or otherwise use or exploit such Content in any way for any purpose except as specifically permitted by this User Agreement or any Additional Terms or with the prior written consent of Be Patient with Me and its founder; or (f) you will not insert any code, product, hidden text, or language to manipulate such Content in any way that adversely affects any user experience.
- Availability of Website and Content. Be Patient with Me and its founder may, in our sole discretion for any reason, immediately suspend or terminate the availability of the Website Content (and any features of them) without advance notice or liability.
- Reservation of All Rights Not Granted as to Content and Website. This User Agreement and any Additional Terms include only narrow, limited grants of rights to Content and to use and access the Website. No right or license may be construed, under any legal theory, by implication, estoppel, industry custom, or otherwise. All rights not expressly granted to you are reserved by Be Patient with Me and its founder and other third parties. Any unauthorized use of any Content or the Website for any purpose is prohibited.
- DMCA Notice. Be Patient with Me will respond appropriately to notices of alleged copyright infringement that comply with the U.S. Digital Millennium Copyright Act (“DMCA”), as set forth below. If you own a copyright in a work (or represent such a copyright owner) and believe that your (or such owner’s) copyright in that work has been infringed by an improper posting or distribution of it via the Website, then you may send us a written notice that includes all of the following:
- a legend or subject line that says: “DMCA Copyright Infringement Notice”;
- a description of the copyrighted work that you claim has been infringed or, if multiple copyrighted works are covered by a single notification, a representative list of such works;
- a description of where the material that you claim is infringing or is the subject of infringing activity is located that is reasonably sufficient to permit us to locate the material (please include the URL of the Website on which the material appears);
- your full name, address, telephone number, and e-mail address;
- a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
- a statement by you, made under penalty of perjury, that all the information in your notice is accurate, and that you are the copyright owner (or, if you are not the copyright owner, then your statement must indicate that you are authorized to act on the behalf of the owner of an exclusive right that is allegedly infringed); and,
- your physical signature with notary public seal.
- Be Patient with Me will only respond to DMCA Notices that it receives by mail at the address below:
Be Patient with Me, LLC.
9203 Highway 6 South, Suite 124/419
Houston, TX 77083
Attention: Ms. DLiberty, Property Founder
- We will act on such notices in our sole discretion, since it is often difficult to determine if your copyright has been infringed. Be Patient with Me may elect to not respond to DMCA Notices that do not substantially comply with all of the foregoing requirements.
- Please note that the DMCA provides that any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.
- Without limiting Be Patient with Me’s other rights, elect to remove infringed materials from the Website.
Solicited ideas, individual life stories or experiences, materials for products or services, or even improvements to products or services, such as ideas, concepts, inventions, or designs for toys, games, videogames, books, scripts, screenplays, motion pictures, television shows, theatrical productions, music productions, or webisodes you post on or send to us via the Website are deemed User-Generated Content and licensed to us.
Your relationship with Be Patient with Me is not a confidential, fiduciary, or other type of special relationship and your Solicited Ideas and Materials, and anything else submitted by you, such as any questions, comments, answers, correspondence, postings, and stories of your life experiences will be treated as non-confidential and non-proprietary User-Generated Content – regardless of whether you mark them “confidential”, “proprietary”, or the like. Be Patient with Me will not assume any responsibility, obligation, or liability for the receipt or non-receipt of any of the web submissions. Therefore, your decision to submit any Solicited Ideas and Materials, life-sharing experiences, questions, comments, or suggestions to Be Patient with Me and its founder do not place Be Patient with Me in a position that is any different from the position held by members of the general public with regard to your Solicited Ideas, life-sharing experiences, questions, comments, suggestions, and Materials.
We may, without any reference to any of your Solicited Ideas and Materials, develop or receive from others ideas, concepts, and materials that are identical or substantially similar to your Solicited Ideas, life-sharing experiences, questions, comments, suggestions, and Materials.
Be Patient with Me’s receipt of your Solicited Ideas and Materials is not an admission by Be Patient with Me and its founder of their novelty, priority, or originality, and it does not impair Be Patient with Me’s right to contest existing or future intellectual property rights relating to your Solicited Ideas, life-stories, suggestions, and Materials.
In order to access or use some (or potentially all) of the features of the Website, you may have to become a registered user of the Website (or a portion of it). Depending upon your age, registration may require parental or guardian consent. The Website’s practices governing any resulting collection and use of your personal information are disclosed in its Privacy Statement. Your decision to provide this information is purely voluntary and optional; however, if you elect not to provide it, then you may not be able to access certain Content or Communities or participate in certain features of the Website.
If you register for any feature that requires a password and/or username, then you will select your own password at the time of registration (or we may send you an email notification with a randomly generated initial password) and you agree that:
- You will not use a username (or e-mail address) that is already being used by someone else, may impersonate another person, belongs to another person, violates the intellectual property or other right of any person or entity, or is offensive. We may reject the use of any password, username, or email address for any other reason in our sole discretion.
- You will provide accurate, current, and complete registration information about yourself in connection with the registration process and, as permitted, to maintain and update it continuously and promptly to keep it accurate, current, and complete for as long as you use the features to which the registration relates.
- You are solely responsible for all activities that occur under your account, password, and username, whether or not you authorize the activity (except to the extent that activities occur because someone gains access to our system without using your identifiers and password).
- You are solely responsible for maintaining the confidentiality of your password and for restricting access to your Internet Device so that others may not access any password protected portion of the Website using your name, username, or password. You will immediately notify us of any unauthorized use of your account, password, or username, or any other breach of security. You will not sell, transfer, or assign your account or any account rights.
We will not be liable for any loss or damage (of any kind and under any legal theory) to you or any third party arising from your inability or failure for any reason to comply with any of the foregoing obligations.
If any information that you provide, or if we have reasonable grounds to suspect that any information that you provide, is false, inaccurate, outdated, incomplete, or violates this User Agreement, any Additional Terms, or any legal requirement or law, then we may suspend or terminate your account. We also reserve the more general and broad right to terminate your account or suspend or otherwise deny you access to it or its benefits – all in our sole discretion, for any reason, and without advance notice or liability.
- Website Access; Charges; Registration; Usage Subscriptions; Virtual Goods and Services; No Monetary Value or Property Interest; Transfers Prohibited.
- Right to Charge or Require Registration; Access and Fees Relating to Your Internet Device. Be Patient with Me reserves the right, upon reasonable notice, to: (i) charge for access to some or all of the Website, charge for access to premium functionality or Content on some or all of the Website, or account registration to access some or all of the Website; (ii) change terms and conditions for the Website or portions of the Website; and (iii) restrict access to the Website or portions of the Website, in whole or in part, based on any lawful eligibility requirements Be Patient with Me may impose. You are responsible for obtaining and maintaining, at your sole cost, all Internet Devices and other equipment and software, and all Internet, mobile, and other services needed for you to access and use the Website.
Be Patient with Me grants you a limited, non-exclusive, revocable, non-assignable, personal, and non-transferable license to create hyperlinks to the Website, so long as: (a) the links only incorporate text, and do not use any trademark graphics that are owned or licensed to Be Patient with Me, (b) the links and the content on your website do not suggest any affiliation with Be Patient with Me or cause any other confusion, and (c) the links and the content on your website do not portray Be Patient with Me or its products or services in a false, misleading, derogatory, or otherwise offensive matter, and do not contain content that is inappropriate for children or that is unlawful, offensive, obscene, lewd, lascivious, filthy, violent, threatening, harassing, or abusive, or that violate any right of any third party or are otherwise objectionable to Be Patient with Me. Be Patient with Me reserves the right to suspend or prohibit linking to the Website for any reason, in its sole discretion, without advance notice or any liability of any kind to you or any third party.
- Linked Websites; Advertisements. The Website may contain links, as part of third party ads on the Website or otherwise, to or from third-party websites (“Linked Websites”), including websites operated by advertisers, licensors, licensees, and certain other third parties who may have business relationships with Be Patient with Me. Be Patient with Me may have no control over the content, operations, policies, terms, or other conditions of Linked Websites, and Be Patient with Me does not assume any obligation to review any Linked Websites. Be Patient with Me disclaims all liability, responsibility, or obligation in connection therewith. Any activities you engage in connection with any of the same are subject to the privacy and other policies, terms and conditions of use, and rules issued by the operator of the Linked Websites. Be Patient with Me disclaims all liability in connection therewith.
- Dealings with Third Parties. Any interactions, correspondence, transactions, and other dealings that you have with any third parties found on or through the Website (including on or via Linked Websites or advertisements) are solely between you and the third party (including issues related to the content of third party advertisements, payments, delivery of goods, warranties (including product warranties), privacy and data security). Be Patient with Me disclaims all liability and obligation in connection therewith.
- Wireless Features. The Website may offer certain features and services that are available to you via your wireless Internet Device. These features and services may include the ability to access the Website’s features and upload content to the Website, receive messages from the Website, and download applications to your wireless Internet Device. Standard messaging, data, and other fees may be charged by your carrier to participate in Wireless Features. Fees and charges may appear on your wireless bill or be deducted from your pre-paid balance. Any questions regarding plans and their cost should be directed to your carrier.
- Terms of Wireless Features. You agree that as to the Wireless Features for which you are registered, we may send communications to your wireless Internet Device regarding us or other parties – unless you cancel your registration or contact us through mail or e-mail. Further, we may collect information related to your use of the Wireless Features. If you have registered via the Website for Wireless Features, then you agree to notify Be Patient with Me of any changes to your wireless number (including phone number) and update your accounts on the Website to reflect the changes, or notify us when you wish to terminate your registration.
Certain portions of this Section 12 are deemed to be a “written agreement to arbitrate” pursuant to the Federal Arbitration Act. You and Be Patient with Me agree that we intend that this Section 11 satisfies the “writing” requirement of the Federal Arbitration Act.
- First — Try to Resolve Disputes and Excluded Disputes. If any controversy, allegation, or claim arises out of or relates to the Website, the Content, your User-Generated Content, your Solicited Ideas and Materials, this User Agreement, or any Additional Terms, or to any of Be Patient with Me’s actual or alleged intellectual property, then you and we agree to send a written notice to the other providing a reasonable description of the Dispute or Excluded Dispute, along with a proposed resolution of it. Our notice to you will be sent to you based on the most recent contact information that you provide us. But if no such information exists or if such information is not current, then we have no obligation under this Section For a period of 60 days from the date of receipt of notice from the other party, Be Patient with Me and you will engage in a non-altered dialogue in order to attempt to resolve the Dispute or Excluded Dispute.
- Limited Time to File Claims. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IF YOU OR WE WANT TO ASSERT A DISPUTE (BUT NOT AN EXCLUDED DISPUTE) AGAINST THE OTHER, THEN YOU OR WE MUST COMMENCE IT (BY DELIVERY OF WRITTEN NOTICE AS SET FORTH IN SECTION 12(A) ABOVE) WITHIN 1 YEAR AFTER THE DISPUTE ARISES — OR IT WILL BE FOREVER BARRED.
YOUR ACCESS TO AND USE OF THE WEBSITE IS AT YOUR SOLE RISK.
THE WEBSITE IS PROVIDED ON AN “AS IS”, “AS AVAILABLE”, AND “WITH ALL FAULTS” BASIS. Therefore, to the fullest extent permissible by law, Be Patient with Me, LLC. and its subsidiaries and each of their respective employees, directors, members, managers, shareholders, agents, vendors, licensors, licensees, contractors, customers, successors, and assigns hereby disclaim and make no representations, warranties, endorsements, or promises, express or implied, as to:
- the Website (including the Content and the User-Generated Content);
- the functions, features, or any other elements on, or made accessible through, the Website;
- any products, services, or instructions offered or referenced at or linked through the Website;
- security associated with the transmission of your User-Generated Content transmitted to Be Patient with Me or via the Website;
- whether the Website or the servers that make the Website available are free from any harmful components (including viruses, trojan horses, and other technologies that could adversely impact your Internet Device);
- whether the information (including any instructions) on the Website is accurate, complete, correct, adequate, useful, timely, or reliable;
- whether any defects to the Website will be repaired; and
- whether your use of the Website is lawful in any particular jurisdiction.
BE PATIENT WITH ME PARTIES FURTHER HEREBY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR MISAPPROPRIATION OF INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION, AND FREEDOM FROM COMPUTER VIRUS.
Some jurisdictions limit or do not allow the disclaimer of implied or other warranties so the above disclaimers may not apply to the extent such jurisdictions’ laws are applicable.
All content & communication submitted to the website (Be Patient with Me) by any means is considered to be non-confidential and non-proprietary. Such communication may include, but is not limited to, questions, comments, suggestions, and ideas. Any Web Submission is the property of Be Patient with Me and its founder. Be Patient with Me and its founder shall have a perpetual royalty-free and exclusive license to any website submission. THIS WEBSITE IS NOT INTENDED FOR THE PURPOSE OF PROVIDING MEDICAL OR LEGAL ADVICE. The information accessed through this website is provided “AS IS” and without any warranties, whether expressed or implied. To the Fullest extent permitted by law, Be Patient with Me DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESSED OR IMPLIED, regarding any information or other material displayed on this website, whether authored by Be Patient with Me or others; and the operation of this website, including any warranty of merchantability and/or fitness for a particular purpose. Be Patient with Me makes no representation or warranty as to the reliability, accuracy, timeliness, usefulness, adequacy or suitability of the information contained in this website and does not represent and/or warrant against human or machine error, omissions, delays, interruptions or losses, including the loss of any data.
Information on BePatientwithMe.com is provided for informational and spiritual purposes only. It should not be considered as medical advice, whether toward diagnosis or treatment of a mental or physical health issue, or for prescribing medication. If you have, or believe you may have a medical or mental health issue, contact your personal physician or psychologist. BePatientwithMe.com assumes no responsibility for how the information provided here is used.
THE WEB SITE IS PROVIDED ON AN “AS IS” BASIS. BePatientwithMe.com EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. BePatientwithMe.com DISCLAIMS ALL RESPONSIBILITY FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING FROM, ARISING OUT OF OR ANY WAY RELATED TO (A) ANY ERRORS IN OR OMISSIONS FROM THIS SITE AND ITS CONTENT, INCLUDING BUT NOT LIMITED TO TECHNICAL INACCURACIES AND TYPOGRAPHICAL ERRORS, (B) ANY THIRD PARTY WEB SITES OR CONTENT THEREIN DIRECTLY OR INDIRECTLY ACCESSED THROUGH LINKS IN THIS SITE, INCLUDING BUT NOT LIMITED TO ANY ERRORS IN OR OMISSIONS THEREFROM, (C) THE UNAVAILABILITY OF THIS SITE OR ANY PORTION THEREOF, (D) YOUR USE OF THIS SITE, OR (E) YOUR USE OF ANY EQUIPMENT OR SOFTWARE IN CONNECTION WITH THIS SITE.
BePatientwithMe.com SHALL NOT BE LIABLE FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING FROM YOUR USE OF THE WEB SITE. BePatientwithMe.com SHALL NOT BE LIABLE FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ATTORNEYS’ FEES) IN ANY WAY DUE TO, RESULTING FROM, OR ARISING IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE WEB SITE OR THE CONTENT.
UNDER NO CIRCUMSTANCES WILL ANY BE PATIENT WITH ME PARTIES BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGES OF ANY KIND, including personal injury or death or for any direct, indirect, economic, exemplary, special, punitive, incidental, or consequential losses or damages that are directly or indirectly related to:
- the Website (including the Content and the User-Generated Content);
- your use of or inability to use Website, or the performance of the Website;
- any action taken in connection with an investigation by Be Patient with Me Parties or law enforcement authorities regarding your access to or use of the Website;
- any action taken in connection with copyright or other intellectual property owners or other rights owners;
- any errors or omissions in the Website’s technical operation; or
- any damage to any user’s computer, hardware, software, modem, or other equipment or technology, including damage from any security breach or from any virus, bugs, tampering, fraud, error, omission, interruption, defect, delay in operation or transmission, computer line, or network failure or any other technical or other malfunction, including losses or damages in the form of lost profits, loss of goodwill, loss of data, work stoppage, accuracy of results, or equipment failure or malfunction.
The foregoing limitations of liability will apply even if any of the foregoing events or circumstances were foreseeable and even if Be Patient with Me Parties were advised of or should have known of the possibility of such losses or damages, regardless of whether you bring an action of contract, negligence, strict liability, or tort (including whether caused, in whole or in part, by negligence, acts of God, telecommunications failure, or destruction of the Website).
IF YOU CLAIM THAT YOU HAVE INCURRED ANY LOSSES, DAMAGES, OR INJURIES IN CONNECTION WITH YOUR USE OF THE WEBSITE, THEN THE LOSSES, DAMAGES, AND INJURIES WILL NOT BE IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION OR TO OTHER EQUITABLE RELIEF OF ANY KIND. THIS MEANS THAT, IN CONNECTION WITH YOUR CLAIM, YOU AGREE THAT YOU WILL NOT SEEK, AND THAT YOU WILL NOT BE PERMITTED TO OBTAIN, ANY COURT OR OTHER ACTION THAT MAY INTERFERE WITH OR PREVENT THE DEVELOPMENT OR EXPLOITATION OF ANY WEBSITE, CONTENT, USER-GENERATED CONTENT, SOLICITED IDEAS AND MATERIALS, PRODUCT, SERVICE, OR OTHER INTELLECTUAL PROPERTY OWNED, LICENSED, OR CONTROLLED BY BE PATIENT WITH ME (INCLUDING YOUR LICENSED USER-GENERATED CONTENT) OR A LICENSOR OF BE PATIENT WITH ME.
- Updates to User Agreement. Be Patient with Me reserves the right to modify this User Agreement and any Additional Terms, at any time without prior notice (“Updated Terms”). You agree that we may notify you of the Updated Terms by posting them on the Website so that they are accessible via a link on the Website, and that your use of the Website after we post the Updated Terms (or engaging in such other conduct as we may reasonably specify) constitutes your agreement to the Updated Terms. Therefore, you should review this User Agreement and any Additional Terms on a regular and frequent basis. The Updated Terms will be effective as of the time that Be Patient with Me posts them on the home page of the Website, or such later date as may be specified in them.
- Be Patient with Me’s Consent or Approval. As to any provision in this User Agreement or any Additional Terms that grants Be Patient with Me a right of consent or approval, or permits Be Patient with Me to exercise a right in its “sole discretion”, Be Patient with Me may exercise that right in its sole and absolute discretion. No Be Patient with Me consent or approval may be deemed to have been granted by Be Patient with Me without being in writing and signed by an officer of Be Patient with Me.
- Applicable Law. This User Agreement and any Additional Terms will be governed by and construed in accordance with, and any Dispute and Excluded Dispute will be resolved in accordance with, the laws of the State of Texas, without regard to its conflicts of law provisions.
- Indemnity. You agree to, and you hereby, defend, indemnify, and hold Be Patient with Me Parties harmless from and against any and all claims, damages, losses, costs, investigations, liabilities, judgments, fines, penalties, settlements, interest, and expenses (including attorneys’ fees) that directly or indirectly arise from or are related to any claim, suit, action, demand, or proceeding made or brought against any Be Patient with Me Party, or on account of the investigation, defense, or settlement thereof, arising out of or in connection with: (i) your User-Generated Content; (ii) your use of the Website and your activities in connection with the Website; (iii) your breach or anticipatory breach of this User Agreement or any Additional Terms; (iv) your violation or anticipatory violation of any laws, rules, regulations, codes, statutes, ordinances, or orders of any governmental and quasi-governmental authorities in connection with your use of the Website or your activities in connection with the Websites; (v) information or material transmitted through your Internet Device, even if not submitted by you, that infringes, violates, or misappropriates any copyright, trademark, trade secret, trade dress, patent, publicity, privacy, or other right of any person or entity; (vi) any misrepresentation made by you; (vii) Be Patient with Me Parties’ use of the information that you submit to us (including your User-Generated Content); (viii) your purported “ownership” of any usage subscriptions or virtual items; and (ix) the increase or decrease in “value” or loss of usage subscriptions or virtual items if Be Patient with Me deletes, terminates, or modifies them (all of the foregoing, “Claims and Losses”). You will cooperate as fully required by Be Patient with Me Parties in the defense of any Claim and Losses. Notwithstanding the foregoing, Be Patient with Me Parties retain the exclusive right to settle, compromise, and pay any and all Claims and Losses. Be Patient with Me Parties reserve the right to assume the exclusive defense and control of any Claims and Losses. You will not settle any Claims and Losses without, in each instance, the prior written consent of an officer of a Be Patient with Me Party.
- Operation of Website; Products and Services; International Issues. Be Patient with Me controls and operates the Website from its offices in the U.S.A. Be Patient with Me makes no representation that the Website is appropriate or available for use beyond the U.S.A. If you use the Website from other locations, you are doing so of your own initiative and are responsible for compliance with applicable local laws regarding your online conduct and acceptable content, if and to the extent local laws apply. Subject to the terms of this User Agreement, we reserve the right to limit the availability of, restrict access to, or discontinue the Website and/or any content, program, product, service, or other feature described or available on the Website to any person, entity, geographic area, or jurisdiction, at any time and in our sole discretion, and to limit the quantities of any content, program, product, service, or other feature that we provide. Some content, programs, services, or features may be available on this Website only on a subscription or fee basis. You and we disclaim any application to this User Agreement of the United Nations Convention on Contracts for the International Sale of Goods.
- Export Controls. Software related to or made available by the Website may be subject to export controls of the U.S.A. No software from the Website may be downloaded, exported, or re-exported (i) into (or to a national or resident of) any country or other jurisdiction to which the U.S.A. has embargoed goods, software, technology or services, or (ii) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders, or (iii) to anyone on the U.S. Department of Commerce’s Bureau of Industry and Security Entities List as published in the Export Administration Regulations (including entities engaged in weapons of mass destruction proliferation in various countries and persons and entities that are suspected of diverting U.S. origin items to embargoed countries or terrorist end-uses). By downloading any software related to the Website, you represent and warrant that you are not located in, under the control of, or a national or resident of, any such country or on any such list.
- Severability; Interpretation. If any provision of this User Agreement, or any Additional Terms, is for any reason deemed invalid, unlawful, void, or unenforceable by a court or arbitrator of competent jurisdiction, then that provision will be deemed severable from this User Agreement or the Additional Terms, and the invalidity of the provision will not affect the validity or enforceability of the remainder of this User Agreement or the Additional Terms (which will remain in full force and effect). To the extent permitted by applicable law, you agree to waive, and you hereby waive, any applicable statutory and common law that may permit a contract to be construed against its drafter. Wherever the word “including” is used in this User Agreement or any Additional Terms, the word will be deemed to mean “including, without limitation,”.
- Communications. When you communicate with us electronically, such as via e-mail and text message, you consent to receive communications from us electronically. Please note that we are not obligated to respond to inquiries that we receive. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
- Investigations; Cooperation with Law Enforcement; Termination; Survival. Be Patient with Me reserves the right, without any limitation, to: (i) investigate any suspected breaches of its Website security or its information technology or other systems or networks, (ii) investigate any suspected breaches of this User Agreement and any Additional Terms, (iii) investigate any information obtained by Be Patient with Me in connection with reviewing law enforcement databases or complying with criminal laws, (iv) involve and cooperate with law enforcement authorities in investigating any of the foregoing matters, (v) prosecute violators of this User Agreement and any Additional Terms, and (vi) discontinue the Website, in whole or in part, or, except as may be expressly set forth in any Additional Terms, suspend or terminate your access to it, in whole or in part, including any user accounts or registrations, at any time, without notice, for any reason and without any obligation to you or any third party. Any suspension or termination will not affect your obligations to Be Patient with Me under this User Agreement or any Additional Terms. Upon suspension or termination of your access to the Website, or upon notice from Be Patient with Me, all rights granted to you under this User Agreement or any Additional Terms will cease immediately, and you agree that you will immediately discontinue use of the Website. The provisions of this User Agreement and any Additional Terms, which by their nature should survive your suspension or termination will survive, including the rights and licenses you grant to Be Patient with Me in this User Agreement, as well as the indemnities, releases, disclaimers, and limitations on liability and the provisions regarding jurisdiction, choice of law, no class action, and mandatory arbitration.
- Assignment. Be Patient with Me may assign its rights and obligations under this User Agreement and any Additional Terms, in whole or in part, to any party at any time without any notice. This User Agreement and any Additional Terms may not be assigned by you, and you may not delegate your duties under them, without the prior written consent of an officer of Be Patient with Me.
CREATE AND BUILD FOR A BETTER HUMANKIND. TM
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