TERMS & CONDITIONS OF USE
The following Terms and Conditions of Use (“Terms”) are entered into by and between You and Miriam Jameson (“Miriam Jameson,” “MJ,” “I,” “we” or “us”).
These Terms, together with our Privacy Policy, Disclaimer, and any other documents expressly incorporated by reference, govern your use of the website https://www.miriamjameson.com (“Website”), including all materials, resources, information, and services on the Website, whether as a guest or registered user.
Your access to and use of the Website is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users, customers, and others who access or use the Website.
By accessing or using the Website, you agree to be bound by these Terms, without modification, and acknowledge reading them. If you disagree with any part of the Terms, you may not access the Website.
PRIVACY POLICY
Your use of the Website is also subject to Miriam Jameson’s Privacy Policy. Please review our Privacy Policy, which also governs the Website and informs users of our data collection practices. Your agreement to the Privacy Policy is hereby incorporated into these Terms.
DISCLAIMER
Your use of the Website is also subject to Miriam Jameson’s Disclaimer. Please review our Disclaimer, which also governs the Website and informs users of various limitations regarding the information provided on the Website. Your agreement to the Disclaimer is hereby incorporated into these Terms.
USE OF THE WEBSITE
To access or use the Website, you must be 18 years of age or older and have the requisite power and authority to enter into these Terms. Children under the age of 18 are prohibited from using the Website. Information provided on the Website and any resources provided on or available for download from the Website are subject to change. Miriam Jameson makes no representation or warranty that the information provided, regardless of its source, is accurate, complete, reliable, current, or error-free. MJ disclaims all liability for any inaccuracy, error, or incompleteness in the information provided.
Miriam Jameson reserves the right to withdraw or amend this Website and any service or material provided on the Website in its sole discretion without notice. Miriam Jameson will not be liable if, for any reason, any or all part of the Website is unavailable at any time or for any period. From time to time, MJ may restrict access to some parts of the Website, or the entire Website, to users, including registered users.
LAWFUL PURPOSES
You may use the Website for lawful purposes only. You agree to be financially responsible for all purchases made by you or someone acting on your behalf through the Website. You agree to use the Website and to purchase services or products through the Website for legitimate, non-commercial purposes only. You shall not post or transmit through the Website any material that violates or infringes the rights of others or that is threatening, abusive, defamatory, libelous, invasive of privacy or publicity rights, vulgar, obscene, profane, or otherwise objectionable, contains injurious formulas, recipes, or instructions, that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any law.
USE OF FREE, DOWNLOADABLE CONTENT
Miriam Jameson may make resources on this Website accessible to users in exchange for providing an email address (“Gated Content”). MJ grants to you a limited, personal, non-exclusive, non-transferable license to use the Gated Content for your own personal or internal business use. Except as otherwise provided, you acknowledge and agree that you have no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the Gated Content in any manner.
By accessing or downloading the Gated Content, you agree that the Gated Content may only be used by you for your personal or internal business use and may not be sold, edited, or redistributed without the express written consent of Miriam Jameson.
By accessing or downloading the Gated Content, you further agree that you shall not create any derivative work based upon the Gated Content and you shall not offer any competing products or services based upon any information contained in the Gated Content.
INTELLECTUAL PROPERTY
The Website contains intellectual property owned by Miriam Jameson, including trademarks, copyrights, proprietary information, and other intellectual property. We reserve all rights in and to our common law and registered trademarks, service marks, copyrights, and other intellectual property rights, including but not limited to text, graphics, photographs, video, design, and packages, belonging to Miriam Jameson or to our licensors (“IP”). You may not modify, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, display, reproduce or perform, or in any way exploit in any format whatsoever any of our IP in whole or in part, without our prior written consent. We reserve the right to immediately block your access to the Website and remove you from any service, without refund, if you are caught violating this intellectual property policy. We also reserve the right to take legal action in violation of any aspect of the above listed intellectual property details.
CHANGED TERMS
We may at any time amend these Terms, including our Privacy Policy and Disclaimers. The date of the last revision will be indicated by the “Last Updated” date at the top of this page. Such amendments are effective immediately upon notice to you by us posting the new Terms on this Website. If you continue to use our Website after we have made revisions, your continued use constitutes consent to the revised Terms, Privacy Policy, and Disclaimers.
LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU AGREE THAT UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, EXEMPLARY, OR ANY OTHER DAMAGES ARISING OUT OF YOUR USE OF THE WEBSITE OR RESOURCES, PRODUCTS, OR SERVICES AVAILABLE THROUGH THE WEBSITE, OR DAMAGES FOR LOST PROFITS, LOST REVENUES, LOST SAVINGS, LOST BUSINESS OPPORTUNITY, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE, OR THE COST OF SUBSTITUTE SITE OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, OR FROM THE USE OF OR INABILITY TO USE THE SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE.
INDEMNIFICATION
You agree to defend, indemnify and hold harmless Miriam Jameson, its officers, shareholders, predecessors, successors in interest, directors, employees, agents, subsidiaries, affiliates, licensors and suppliers from and against any and all claims, charges, complaints, damages, losses, liabilities, costs and expenses (including attorneys’ fees) due to, arising out of or relating in any way to (i) your use of, or access to, the Site, or (ii) your violation of these Terms.
CONTROLLING LAW & SEVERABILITY
This Agreement shall be construed in accordance with the laws of the State of California, without regard to any conflict of law provisions. Any dispute arising under this Agreement shall be resolved exclusively by the state and/or federal courts of the State of California, County of Los Angeles and/or the Central District of California. If a court of competent jurisdiction finds any provision or portion of these terms and conditions unenforceable, the remainder shall continue in full force and effect.
EQUITABLE RELIEF
The parties agree that a material breach of this Agreement adversely affecting Miriam Jameson’s intellectual property rights in the Site may cause irreparable injury to MJ for which monetary damages would not be an adequate remedy and Miriam Jameson shall be entitled to equitable relief (without a requirement to post a bond) in addition to any remedies it may have hereunder or at law.
WAIVER
Miriam Jameson’s failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of MJ. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.
ENTIRE AGREEMENT
These Terms constitute the entire and exclusive understanding and agreement between Miriam Jameson and you regarding the Site, and these Terms supersede and replace all prior oral or written understandings or agreements between MJ and you regarding the Site. If any provision of these Terms is held invalid or unenforceable by an arbitrator or a court of competent jurisdiction, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect. You may not assign or transfer these Terms, by operation of law or otherwise, without Miriam Jameson’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null. Miriam Jameson may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.