CHEEKY SCIENTIST PROVIDES THIS WEBSITE TO YOU AND ANY OTHER ENTITY ON WHOSE BEHALF YOU ACCEPT THESE TERMS (COLLECTIVELY “YOU”), SUBJECT TO THESE TERMS.
THESE TERMS ARE ENTERED INTO BY AND BETWEEN CHEEKY SCIENTIST AND YOU, AND YOU ACCEPT THEM BY USING THE WEBSITE IN ANY MANNER (IF YOU ARE USING THE WEBSITE ON BEHALF OF YOUR EMPLOYER, YOU REPRESENT AND WARRANT THAT YOU ARE AUTHORIZED TO ACCEPT THESE TERMS ON BEHALF OF YOUR EMPLOYER).
Thank you for visiting http://cheekyscientist.com/ (“Website”) which is owned and operated by Cheeky Scientist, LLC (“Cheeky Scientist”).
IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT USE THIS WEBSITE.
The Website Content
(a) Cheeky Scientist services include one-on-one consulting services as well as in-person and virtual online seminars which may include guidance to specific clients (“Information”). This Website includes general information, webinars, information booklets, and downloadable files none of which should be relied upon as any kind of professional, medical, or legal advice (“Content”). Some Content may be provided by You or other users.
(b) Cheeky Scientist makes no representation that the Website, Information, or Content is appropriate or available for use in all locations.
(d) To the extent you request or subscribe to receive information from Cheeky Scientist via e-mail, or submit information to Cheeky Scientist’s clients, Cheeky Scientist will use commercially reasonable efforts to deliver such information to the e-mail address You provide; however, Cheeky Scientist cannot and does not guarantee delivery of such e-mail.
(e) Cheeky Scientist shall have no obligation to, or liability for failing to, review, police or manage any Content that You or other users upload or post to, place on, or otherwise transmit via the Website; however, Cheeky Scientist reserves the right to block Your access to the Website and edit or remove any Content that violates these Terms.
Subject to Your compliance with all of these Terms, Cheeky Scientist grants You a non-exclusive, nontransferable, limited, personal, fully-revocable (at any time and for any reason), term license to view the Website.
In consideration of Your use of the Website, You agree:
(a) Not to use the Website to: (i) transmit spam, unsolicited communications, or unauthorized third-party Content; (ii) spoof someone else’s identity or otherwise misrepresent your affiliation with a person or entity; (iii) forge headers or otherwise manipulate identifiers (including URLs) in order to disguise the origin of any Content You transmit; (iv) disrupt the normal flow of dialogue or otherwise act in a manner that negatively affects other users’ ability to use the Website; (v) engage in activities that would violate applicable local, state, national or international law, or any regulations having the force of law; or (vi) collect or store personal data about other users unless specifically authorized by such users;
(b) To be entirely responsible for all Content that You upload or post to, place on, or otherwise transmit via the Website and, specifically, not to upload, post or otherwise transmit, via the Website, any Content that: (i) is harmful, obscene, pornographic, defamatory, racist, violent, offensive, harassing, threatening, or otherwise objectionable; (ii) includes unauthorized disclosure of personal information; (iii) violates or infringes anyone’s intellectual property rights; or (iv) contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or interfere with the operation of any software, hardware, or other equipment;
(c) To accept sole and exclusive responsibility (as between Cheeky Scientist and You) for adequate protection of Your data and/or equipment used in connection with the Website;
(d) To abide by the terms and conditions of any website or platform; and
(e) To defend Cheeky Scientist from any claim, suit, demand, and action of any third party, and indemnify and hold Cheeky Scientist harmless from any resulting judgment, settlement, and cost, including reasonable attorneys’ fees, due to or arising out of Your Content, Your use of (or connection to) the Website (including any use by You on behalf of Your employer), Your breach of these Terms, or Your violation of any third-party rights.
The Website may contain advertisements and promotions of third parties (“Sponsors”). You agree that Your dealings with, or participation in promotions of, Sponsors (including, without limitation, payment, delivery of goods or services, warranties, representations, and any other terms or conditions associated with such dealings) are solely between You and Sponsors, and Cheeky Scientist shall have no responsibility or liability for any loss, damage, claim, or complaint of any sort or nature You incur as the result of or relating to any such dealings regardless of the presence of Sponsors on the Website.
During your access to and use of the Website, You may obtain information that Cheeky Scientist or other users consider “confidential” or “proprietary” (“Confidential Information”).
You agree not to reveal the Confidential Information to any third parties and to take precautions, which shall be at least the more protective of reasonable and prudent care or those taken in safeguarding Your own trade secret, confidential, or proprietary information, whether by instruction, agreement, or otherwise, to satisfy Your obligations under these Terms with respect to authorized use, protection, and security of the Confidential Information. You agree that the wrongful disclosure of Confidential Information will cause Cheeky Scientist (or its other users) irreparable injury that is inadequately compensable in monetary damages; accordingly, Cheeky Scientist shall be entitled to injunctive relief in any court of competent jurisdiction against You for the breach or threatened breach of this Section, in addition to any other remedies including without limitation all remedies at law or equity without the requirement to submit bond.
Intellectual Property Rights
(a) Except as expressly authorized in writing by Cheeky Scientist, You shall not (via any means, now known or later discovered or created) reproduce, modify, distribute in any manner (including rent, lease, loan, or sell), mirror, republish, download, transmit, create derivative works of, or remove or modify any copyright or trademark notice or other notice of ownership relating to, the Content of Cheeky Scientist or others, in whole or in part.
(b) Unless explicitly stated herein, nothing in these Terms shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication, or otherwise.
(c) If You believe that Your copyright, trademark, or privacy right has been infringed, in any way, by Content on the Website, please provide a detailed description of the alleged infringement for further investigation via e-mail to [email protected]. Cheeky Scientist’s receiving, investigating, or responding to your e-mail shall not constitute Cheeky Scientist’s agreement or verification of your claim(s) nor any admission of liability therefor.
(d) Cheeky Scientist makes no commitment, covenant, promise, warranty, representation, or guarantee that it will receive, review, investigate, or respond to your claim within any particular time.
YOUR USE OF THIS WEBSITE IS AT YOUR SOLE RISK (INCLUDING BUT NOT LIMITED TO ANY DAMAGE TO YOUR COMPUTER SYSTEM, LOSS OF DATA, OR OTHER DAMAGES THAT RESULT FROM OBTAINING ANY CONTENT FROM THE WEBSITE INCLUDING COMPUTER VIRUSES). TO THE EXTENT PERMITTED BY LAW, Cheeky Scientist PROVIDES THE WEBSITE, THE SERVICES, THE INFORMATION AND THE CONTENT “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS,” WITHOUT WARRANTY OF ANY KIND, AND Cheeky Scientist SPECIFICALLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. Cheeky Scientist MAKES NO WARRANTY, Representation, COVENANT, OR GUARANTEE WHATSOEVER, EXPRESS OR IMPLIED: (I) AS TO THE VALUE, QUALITY, TIMELINESS, USEFULNESS, RELIABILITY, SECURITY, SUITABILITY, TRUTHFULNESS, OR COMPLETENESS OF THE WEBSITE, THE SERVICES, THE INFORMATION, OR THE CONTENT; (II) THAT THE WEBSITE OR THE SERVICES WILL OPERATE UNINTERRUPTED OR ERROR-FREE; (III) THAT THE WEBSITE, THE SERVICES, THE INFORMATION, OR THE CONTENT WILL MEET YOUR NEEDS OR EXPECTATIONS; (IV) AS TO THE QUALITY OR VALUE OF ANY SPONSORS’ PRODUCTS, SERVICES, CONTENT, INFORMATION, OR OTHER MATERIAL YOU PURCHASE OR OBTAIN VIA THE WEBSITE; OR (V) THAT ANY ERRORS IN THE WEBSITE WILL BE CORRECTED.
Limitation Of Liability
To the extent permitted by law, Cheeky Scientist shall have no liability, relating to your use of (or connection to) the Website, for: (a) consequential, incidental, exemplary, special, or punitive damages even if advised of the possibility of such (including, but not limited to, loss of business, profits, business information, or business interruption, or any other pecuniary loss); or (b) for direct damages, actually proven, exceeding $100.00 (USD). This limitation shall be enforced even if it causes an exclusive remedy to fail of its essential purpose. You agree any dispute filed by You will be brought in Arbitration in Hamilton County, Ohio.
Cheeky Scientist reserves the right, at any time, in Cheeky Scientist’s sole and exclusive discretion, to amend, modify, suspend, or terminate the Website, the Information or the Content, or any part thereof, and/or Your use of or access to them, with or without notice, and Cheeky Scientist shall have no liability to You or any other person or entity for any modification, suspension, or termination of the Website, the Services, the Information or the Content, or any part thereof, or any loss of related information.
Waiver Of Jury Trial
TO THE EXTENT PERMITTED BY LAW, YOU WAIVE YOUR RIGHT TO JURY TRIAL WITH RESPECT TO ALL CLAIMS AND ISSUES ARISING UNDER, IN CONNECTION WITH, TOUCHING UPON OR RELATING TO THE TERMS. You acknowledge that, if any of the provisions of this section are not currently unenforceable under applicable law, this section will apply in the event such becomes enforceable in the future. This provision shall remain in full force and effect notwithstanding any termination of Your use.
(a) Cheeky Scientist may provide notice(s) to You via e-mail, regular mail, reputable overnight delivery service, or by posting notices or links to notices on the Website.
(b) Cheeky Scientist may amend these Terms at any time by posting the amended terms on this Website.
(c) These Terms and performance hereunder shall be governed by the laws of the State of Ohio. You irrevocably and exclusively submit to venue and jurisdiction for any proceedings pertaining to the Website, Content, or Information shall be in the state and federal courts located in Hamilton County, Ohio.
(d) Cheeky Scientist shall not be liable under these Terms for failure to perform any of its obligations during any period in which it cannot perform due to matters beyond its control, including, but not limited to act of God, strike, fire, flood, natural disaster, war, embargo, or riot.
(e) The waiver or failure of Cheeky Scientist to exercise in any respect any right provided for herein shall not be deemed a waiver of any further right hereunder.
(f) If any provision of these Terms is invalid, illegal, or unenforceable under any applicable statute or rule of law, it is, to the extent necessary, deemed modified in order to comply with applicable law, and the remaining provisions shall not be affected in any way.
(g) The Terms constitute the entire agreement and understanding regarding Your use of the Website and supersede any prior versions of the Terms. No amendment, addition, deletion, or revision to these Terms shall be valid unless written and issued by an officer of Cheeky Scientist.
The headings used herein are for convenience only and shall not control or affect the meaning or construction of any provisions of these Terms.
–You have agreed to the Terms by and through your use of the Website–