TERMS AND CONDITIONS OF USE

Welcome to www.judyrsebastian.com (the “Website”). These terms and conditions of use for the website constitute a legal agreement and are entered into by and between you and Judy R. Sebastian, and its affiliates and subsidiaries (collectively, “company,” “we,” “us,” “our “). The following terms and conditions, together with any documents and/or additional terms they expressly incorporate by reference (collectively, these “terms and conditions “), govern your access to and use, including any content, functionality, services, and products offered on or through the website. By accessing the Website, you expressly agree and consent to these Terms of and Conditions Use. If you do not agree to be bound by the Terms and Conditions of Use, do not use the Website. If you are accessing and using the Website on behalf of a company (such as your employer) or other legal entity, you represent and warrant that you have the authority to bind that entity to these Terms and Conditions of Use. In that case, "you" and "your" will refer to that entity. By using this Website, you represent and warrant that you are the legal age of majority under applicable law to form a binding contract with the company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website.

CONTENT, INTELLECTUAL PROPERTY RIGHTS, AND OWNERSHIP

All content included on this website, such as text, graphics, logos, button icons, images, photographs, audio clips, digital downloads, data compilations, and software is the property of Judy R. Sebastian or its content suppliers and is protected by the United States and international copyright laws. You are expressly and emphatically restricted from all of the following:

selling, sublicensing, and/or otherwise commercializing any Website material;

using this Website in any way that is, or may be, damaging to this Website;

using this Website in any way that impacts user access to this Website;

using this Website contrary to applicable laws and regulations, or in a way that causes, or may cause, harm to the Website, or to any person or business entity;

engaging in any data mining, data harvesting, data extracting, or any other similar activity in relation to this Website, or while using this Website;

using this Website to engage in any advertising or marketing;

You may only use the Website for your personal and non-commercial use. You shall not directly or indirectly reproduce, compile for an internal database, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website, in any form or medium whatsoever except:

your computer and browser may temporarily store or cache copies of materials being accessed and viewed;

a reasonable number of copies for personal use only may be printed keeping any proprietary notices thereon, which may only be used for non-commercial and lawful personal use and not for further reproduction, publication, or distribution of any kind on any medium whatsoever;

one single user copy may be downloaded with any proprietary notices intact, for your own personal, non-commercial use, conditional on your agreement to be bound by our end user license agreement for such downloads; and

in respect of the social media platforms (Twitter, Instagram, Facebook) that are linked to certain content on our Website, you may take such actions as our Website and such third-party social media platforms permit.

Users are not permitted to modify copies of any materials from this Website nor delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site. You must not access or use for any commercial purposes any part of the Website or any services or materials available through the Website.

If you print off, copy, or download any part of our Website in breach of these Terms and Conditions, your right to use the Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. You have no right, title, or interest in or to the Website or to any content on the Website, and all rights not expressly granted are reserved by the Company. Any use of the Website not expressly permitted by these Terms and Conditions is a breach of these Terms and Conditions and may infringe or violate copyright, trademark, and other intellectual property or other proprietary laws.

You may not frame this website or any portion thereof. Linking to this website in a way that does not otherwise infringe upon Judy R. Sebastian's interests is permitted, with the written consent from Judy R. Sebastian, provided that the link does not falsely imply or suggest that Judy R. Sebastian has endorsed or is affiliated with the linked website. You must not establish a link from any website that is not owned by you. Judy R. Sebastian reserves the right to terminate all or any portion of the above authorizations to you at any time in Judy R. Sebastian’s sole discretion.

USE OF WEBSITE

We use physical, electronic, and administrative measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, and disclosure. The safety and security of your information also depend on you. Users are responsible for obtaining their own access to the Website. Users are required to ensure that all persons who access the Website through a user’s internet connection are aware of these Terms and Conditions and comply with them. The Website, including content or areas of the Website, may require user registration. It is a condition of your use of the Website that all the information you provide on the Website is correct, current, and complete.

Unfortunately, the transmission of information via the Internet is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted to our Website. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Website. Your provision of registration information and any submissions you make to the Website through any functionality such as applications, chat rooms, e-mail, message boards, personal, or interest group web pages, profiles, forums, bulletin boards, and/or our social media platforms (collectively, “Interactive Functions“) constitutes your consent to all actions we take with respect to such information consistent with our Privacy Policy. We reserve the right at any time and from time to time, to disable or terminate your account, any username, password, or other identifiers, whether chosen by you or provided by us, in our sole discretion for any or no reason, including any violation of any provision of these Terms and Conditions.

You are prohibited from attempting to circumvent and from violating the security of this Website, including, without limitation:

accessing content and data that is not intended for you;

attempting to breach or breaching the security and/or authentication measures which are not authorized;

restricting, disrupting, or disabling service to users, hosts, servers, or networks;

illicitly reproducing TCP/IP packet header;

disrupting network services and otherwise disrupting Website owner’s ability to monitor the Website;

using any robot, spider, or other automatic devices, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website;

introducing any viruses, trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful;

attacking the Website via a denial-of-service attack, distributed denial-of-service attack, flooding, mailbombing, or crashing;

otherwise attempting to interfere with the proper working of the Website.

USER SUBMISSIONS

The Website may contain Interactive Functions allowing User Submissions on or through the Website.

None of the User Submissions you submit to the Website will be subject to any confidentiality by the Company. By providing any User Submission to the Website, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns the right to a worldwide, royalty-free, perpetual, irrevocable, non-exclusive license to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose and according to your account settings and/or incorporate such material into any form, medium or technology throughout the world without compensation to you. You further waive any moral rights or other rights of authorship as a condition of submitting any User Submission.

By submitting the User Submissions, you declare and warrant that you own or have the necessary rights to submit the User Submissions and have the right to grant the license hereof to us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns to the User Submissions and comply with these Terms and Conditions. You understand and agree that you, not the Company nor Company’s parent, subsidiaries, affiliates nor their respective directors, officers, employees, agents, service providers, contractors, licensors, suppliers, or successors, are fully responsible for any User Submissions you submit or contribute, and you are fully responsible and legally liable, including to any third party, for such content and its accuracy. We are not responsible or legally liable to any third party for the content or accuracy of any User Submissions submitted by you or any other user of the Website.

INDEMNIFICATION

You hereby indemnify, and hold harmless The Company, its affiliates, officers, directors, employees, agents, suppliers, and third-party partners from and against all losses, expenses, damages, and costs, including reasonable attorneys' fees and expenses, resulting, or arising from, or incurred in connection with, any violations by you of these Terms and Conditions.

LIMITATION OF LIABILITY

The Company and its affiliates will not be liable for any damages, loss, or injury, including, but not limited to, direct, indirect, incidental, consequential, or punitive damages that result from the use of (or inability to use) this website and its contents, or a website linked to this website, including any damages or injury caused by any failure of performance, error, omission, interruption, defect, delay in operation, computer virus, line failure, or other computer malfunction. We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses, or other technologically harmful material that may infect your computer equipment, computer programs, data, or other proprietary material due to your use of our Website or to your downloading of any material posted on it, or on any website linked to it.

NO WARRANTIES

This Website is provided “as is,” with all faults, and The Company makes no express or implied representations or warranties, of any kind related to this Website or the materials contained on this Website. Additionally, nothing contained on this Website shall be construed as providing consult or legal advice to you.

CHANGES AND UPDATES

The Company reserves the right, at its sole discretion, to modify these Terms and Conditions of Use in whole or in part, at any time. Any such supplement or modification will become effective when it is posted on the website. Your continued use of the website after any supplements or modifications to these Terms and Conditions of Use are posted will be considered acceptance thereof. We aim to update our Website regularly and may change the content at any time. If the need arises, we may suspend access to our Website, or close it indefinitely. Any of the material on our Website may be out of date at any given time, and we are under no obligation to update such material.

ASSIGNMENT

The Company shall be permitted to assign, transfer, and subcontract its rights and/or obligations under these Terms and Conditions of Use without any notification or consent required. However, you shall not be permitted to assign, transfer, or subcontract any of your rights and/or obligations under these Terms and Conditions of Use.

SEVERABILITY

If any provision of these Terms and Conditions of Use is found to be unenforceable or invalid under any applicable law, such unenforceability or invalidity shall not render these Terms unenforceable or invalid as a whole, and such provisions shall be deleted without affecting the remaining provisions herein.

LINKS

As a convenience to you, The Company provides links that allow you to connect with websites that are not under The Company’s control. You access these sites at your own risk. We are not responsible for the contents of any linked site, nor does the appearance of a link indicate The Company’s endorsement and/or approval.

PRIVACY AND SECURITY

Please refer to our Privacy Policy

FUNCTIONALITY DISCLAIMER

The Company does not guarantee that the functions contained in the site will be uninterrupted or error-free, that this site or its server(s) will be free of viruses or other harmful components, or that defects will be corrected even if The Company is aware of them. The material in this website may include technical inaccuracies or typographical errors.

COMPLIANCE WITH LOCAL LAWS

This website is controlled and administered by The Company within the United States, and this website and its contents are intended to comply with applicable laws and regulations in the United States. Although the information on this website is accessible to users outside of the United States, The Company makes no representation that the content of this website complies with laws and regulations of any jurisdiction outside of the United States or that such content is appropriate or available for use in any such jurisdiction. Access to any content on this website from locations where such content is illegal is prohibited. You may not use or export any of the information on this website in violation of US export laws and regulations.

ARBITRATION

You are agreeing to give up any rights to litigate claims in court. Other rights that you would have if you went to court may also be unavailable or may be limited in arbitration. Any claim, dispute, or between you and the Company arising from or relating in any way to your purchase of products or services through this Website, will be resolved exclusively and finally by binding arbitration. The arbitration will be conducted under the rules of the State of Oregon. The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the agreement is void, voidable, or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in a court under law or in equity. Any award of the arbitrator(s) will be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction. If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed, and the remaining arbitration terms will be enforced. These Terms and Conditions of Use shall be governed by, and construed in accordance with, the laws of the State of Oregon. You and the Company agree that each may bring claims against the other only in your or its individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding.

CONTACT INFORMATION

For further queries, please contact info@judyrsebastian.com