Last modified: December 1, 2022
Our Services, based in Sacramento, at 2443 Fair Oaks Blvd. #98, Sacramento, California 95825, are offered for educational and information purposes, for educators, parents and children, to provide tools to strengthen relationships through the use of the following five keys: (i) Social and Emotional Intelligence, (ii) Open Conversations, (iii) Trust Building, (iv) Setting of Expectations and (v) Resolution of Conflict.
These terms and conditions of use govern our relationship strengthening services and are entered into by and between you and Respectology LLC, doing business as The Avery and Brian Experience, and/or its affiliates, if any (hereinafter sometimes referred to as “Respectology”, “Provider,” “we”, “us”, “our”). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, “Terms of Use;” also referred to as the “Terms of Service” or “TOS”), along with the Privacy Policies, found at https://averyandbrian.com/privacy-policy, together with any documents any of them expressly incorporates by reference, and each incorporated herein by reference (together the “Services Policies”), govern your access to and use of https://averyandbrian.com (the “Website) and the Respectology live and pre-recorded audiovisual materials and written training materials (“Training Materials”) (Website and Training Materials hereinafter referred to as “Services”) including any content, functionality, and Services offered on or through https://averyandbrian.com whether as a guest or a registered user.
Please carefully read each of the Services Policies before you start to use the Services. By using the Services or by clicking to accept or agree to each of the Services Policies when each such option is made available to you, you accept and agree to be bound and abide by our Services Policies. If you do not want to agree to these Services Policies, you must not access or use the Services. Your use or visitation of any Services, applications and/or other services of Respectology, signifies that you have read and accepted these Services Policies (“Agreement”). If you do not consent to this Agreement, you should not and are not entitled to use any of the Services from which you accessed this Agreement. Each of the Services is provided to you subject to the conditions listed in the Agreement, which may change from time to time as set forth in the Section entitled “Changes to Services Policies,” below. The Agreement applies to all users of the Services. This Agreement also applies to all content provided by Respectology, including but not limited to text, software, illustrations, information, materials, templates, sample evaluations, files, images, graphics, photos, sounds, music, videos, products, services, URLs, technology, interactive features and the like (“Content”), and all products and services available at or through the Services. This Agreement is in addition to any other terms that linked or embedded individual Services, application and/or service owners within the Services may include for governing access to their Services, applications, etc.
The Content of the Services is intended only for educators, parents, or parents and their children together, for information purposes, as an online mechanism through which such individuals can become familiar with our programs designed to improve relationships. The Services are not affiliated with or endorsed or sponsored by any third party, including any educational institution or educational publisher. The Services are not meant to provide a substitute for professional guidance addressing any mental or emotional hardships or disabilities, nor are they a replacement for any other types of institutions, organizations or professionals. In fact, each user is expected to use the Content only as reference material to guide the user to a better understanding of healthy relationships.
The Services are available on varying levels to visitors, subscribers, clients and client invitees residing and accessing the Services from within the United States who are at least 21 years old. By using the Services, you represent and warrant that you have legal authority to form a binding contract with us and meet all of the foregoing eligibility requirements.
If you do not meet all of these requirements, you must stop using the Services immediately AND not access or use the Services until such time as you meet these eligibility requirements. Furthermore, any use or downloading of Content from the Services done outside of the United States may not be legal and is done at such a person’s sole risk and responsibility. The information within the Services is geared toward eligible users only, and intended only for such users.
The access rights granted to you under the Agreement are provided under the grant of a limited license to use our Services; no rights are being transferred to you in connection with your use of the Services. The Services licensed to you are done so in connection with the relevant device and/or operating system you are using at the time you engage the Services. The Services are non-transferable without our express written permission. You are responsible for the actions of any other person who may utilize your access rights on the Services.
Each of the Services is offered subject to your acceptance without modification of all of the Agreement and all other incorporated and stated rules and policies. If you do not agree to all of the terms of the Agreement, then you may not access the Services or use any services. If these terms and conditions are considered an offer by the Services, acceptance by any user of the Services is expressly limited to these terms.
Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.
The Services might contain links to third-party services or applications that are not owned or controlled by us. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party services or applications. In addition, we will not and cannot censor or edit the content of any third-party site. By using the Services, you expressly relieve us from any and all liability arising from your use of any third-party services or applications. Accordingly, we encourage you to be aware when you leave our Services and to read the terms and conditions and privacy policy of each other service or application that you visit.
Some of our Services and/or products may be offered on a paid usage basis in which case you will be able to access our Services by following the sign-up and payment process for such Services and/or products. We will provide a detailed listing of any charges and rules therefor relating to such paid Services and/or products. You are fully responsible for charges incurred in connection with your use of any paid Services and/or products. You authorize us to charge the means for payment of such Services and/or products provided to you.
You may use the Services only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Services:
Additionally, you agree not to:
We reserve the right to withdraw or amend our Services, and any service or material we provide on the Services, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Services is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Services, or the entire Services, to users, including registered users.
You are responsible for both:
To access the Services or some of the resources it offers, you may be asked to provide certain registration, subscription or account details or other information. It is a condition of your use of the Services that all the information you provide on the Services is correct, current, and complete. You agree that all information you provide to register with the Services or otherwise, including, but not limited to, through the use of any interactive features on the Services, is governed by our Privacy Policies (https://averyandbrian.com/privacy-policy), and you consent to all actions we take with respect to your information consistent with our Privacy Policies, including Respectology’s collection of your personally identifiable information associated with your registration.
If you are provided with a user name, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your registration is personal to you and agree not to provide any other person with access to the Services or portions of it using your user name, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your use of the Services at the end of each session of use. You should use particular caution when accessing the Services from a public or shared computer so that others are not able to view or record your password or other personal information.
We have the right to disable any user name, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.
You consent to having your Internet Protocol address recorded. We reserve the right to cause an email address to appear immediately below (the “Identifier”) if we suspect potential abuse. The Identifier will be uniquely matched to your Internet Protocol address. Visitors agree not to use this address for any reason.
A special restriction on a visitor’s license to access the Services applies to all Non-Human Visitors. Non-Human Visitors include, but are not limited to, web spiders, bots, indexers, robots, crawlers, harvesters, or any other computer programs designed to access, read, compile or gather Content from the Services automatically. Any Non-Human Visitors to the Services shall be considered agents of the individual(s) who controls, authors or otherwise makes use of them. Such individual(s) shall be deemed responsible for the actions of their Non-Human Visitor devices in the same manner as if they personally visited the Services.
Email addresses on the Services are considered proprietary intellectual property. These email addresses are provided for human visitors alone and for the specific purposes stated. You acknowledge and agree that each email address the Services contains has a value not less than US $100. You further agree that the compilation, storage, and/or distribution of these addresses substantially diminishes the value of these addresses. Intentional collection, harvesting, gathering, and/or storing the Services’ email addresses is recognized as a violation of this Agreement and expressly prohibited.
Visitors agree that harvesting, gathering, storing, or transferring to a third party or sending any message(s) to the identifier constitutes an acceptance and subsequent breach of these Terms of Service.
We have the right to:
Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone violating federal or state laws on or through the Services. YOU WAIVE AND HOLD HARMLESS THE PROVIDER AND ITS LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE PROVIDER/ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER THE PROVIDER. SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES. We assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
We may update the Content of the Services from time to time, but its Content is not necessarily complete or up-to-date. Any of the material on the Services may be out of date at any given time, and we are under no obligation to update such material.
This Agreement does not transfer from the Services to you or to any third party, any intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with the Services/licensee and/or owner/licensor.
In addition to the general restrictions above, the following restrictions and conditions apply specifically to your use of Content on the Services.
The Services and all Content therein, their features and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by Respectology, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and/or other intellectual property or proprietary rights laws.
These Terms of Use permit you to use the Services for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Services, except as follows:
You must not:
If you wish to make any use of material on the Services other than that set out in this section, please address your request to: averyandbrianbaker@gmail.com
If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Services in breach of the Terms of Use, your right to use the Services will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Services or any Content on the Services is transferred to you, and all rights not expressly granted are reserved by the Provider. Any use of the Services not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.
Respectology asks others to respect its intellectual property rights, including all of those embodied in the Services, and respects the intellectual property rights of others.
If you are a copyright owner or an agent thereof and believe that any Content infringes upon your copyrights, you are encouraged to notify the Services and may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Copyright Agent with the following information in writing (See 17 U.S.C 512(c)(3) for further detail):
The Services’ designated Copyright Agent to receive notifications of claimed infringement is our system administrator. You can reach our Copyright Agent at the following email address averyandbrianbaker@gmail.com. For clarity, only DMCA notices should go to the Copyright Agent. You acknowledge that if you fail to comply with all of the requirements of providing your DMCA notice, your DMCA notice may not be valid.
Counter-Notice. If you believe that your User Submission that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use the content in your User Submission, you may send a counter-notice containing the following information to the Copyright Agent:
If a counter-notice is received by the Copyright Agent, we may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at our sole discretion.
In the case that your rights to use the Services have been terminated as a result of this DMCA process, the Services will have no obligation to provide a refund of any amounts previously paid to the Services.
The Provider name, the term THE AVERY AND BRIAN EXPERIENCE, the Provider logo, and all related names, logos, product and service names, designs, and slogans are proprietary to and trademarks of the Provider or its affiliates or licensors. You must not use such marks without the prior written permission of the Provider. All other names, logos, product and service names, designs, and slogans on this Services are the trademarks of their respective owners.
Content on the Services is provided to you AS IS for your information and personal use only and, except as specifically permitted hereby, may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever not intended by the normal functionality of our Service or otherwise as prohibited under this Agreement without the prior written consent of the respective owners. We reserve all rights not expressly granted in and to the Services and the Content.
In order to access some of the features of the Services, you may have to register or subscribe and, where prompted, pay for the Services through our Website which will include your provision of your first and last name, your e-mail address, phone number and your address. Once you register or subscribe for the Services, you are responsible for maintaining the security of your registration and/or subscription and you are fully responsible for all activities that occur under your registration. You may never use another’s registration without permission. When creating your registration, you must provide true, accurate and complete information. You must keep each and every Services password secure. You must notify Respectology immediately of any breach of security or unauthorized use of your registration. We will not be liable for your losses caused by any unauthorized use of your registration; you may be liable for the losses to others due to such unauthorized use. You must immediately notify us of any unauthorized uses of your registration or any other breaches of security. Neither Respectology, the Services, nor Respectology owners, officers, agents or affiliates will be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions. You can notify us by contacting averyandbrianbaker@gmail.com.
In registering or subscribing you may be able to specify certain relationships with the Services, including whether you would like to receive specified e-mail or other electronic notifications which may be generated by the Services as to particular features, products or services. You may change your specifications at any time by sending us notice of modifications at averyandbrianbaker@gmail.com.
Respectology will have no obligation to provide a refund of any amounts previously paid. Without limiting any of those representations or warranties, Respectology has the right (though not the obligation) to, in the Services’ or Respectology’s sole discretion, terminate or deny access to and use of the Services to any individual or entity for any reason.
We may use social media sites like Twitter, Instagram and Facebook. These Terms of Service and the Services’ Privacy Policies apply in addition to the terms of service and privacy policies of any such social media sites used by Respectology.
You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express prior written consent.
The Services may provide certain social media features that enable you to:
You may use these features solely as they are provided by us, and solely with respect to the Content they are displayed with, and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:
The Services from which you are linking, or on which you make certain content accessible, must comply in all respects with the standards of use established herein.
You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice.
We may disable all or any social media features and any links at any time without notice in our discretion.
If the Services contain links to other sites and resources provided by third parties, these links are provided for your convenience only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party Services linked to this Services, you do so entirely at your own risk and subject to the terms and conditions of use for such Services.
We do not and have not reviewed, and cannot review, all of the material, including computer software, made available through the Services and webpages to which the Services links, and that link to the Services. The Services do not have any control over other services and webpages, and we are not responsible for other services’ or webpages’ content or their use. By linking to another service or webpage, we do not represent or imply that we endorse such service or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Services and Respectology disclaim any responsibility for any harm resulting from your use of such other services or webpages.
Our Services may access service providers like Dropbox, Thinkific and Amazon, and payment providers like Paypal, Square and Applepay for certain delivery and/or purchases of goods and Services, including subscriptions, virtual goods and upgrades to your use of the Services. When you are re-directed to any of these sites, any personal mailing information and billing and charge information will not be collected through our Services, but only through the other sites which you have accessed. Please familiarize yourself with those sites’ terms of service and privacy policies regarding data you share on those sites.
Regarding all products and services for purchase described within our Services, we attempt to accurately describe and price the items listed among our Services, but we make no representation, warranty or covenant concerning any of the item descriptions’ truthfulness, completeness, reliability, or correctness or the list price or suggested price. With respect to products purchased, your sole remedy in connection with the purchase of any inferior or inaccurate product from our Services is to return it provided it is returned within the applicable allowed return period and with proper receipt documentation. With respect to your registration and payment for Services, your sole remedy in connection with the purchase of any inferior or inaccurate product from our Services is to terminate your future use of our Services.
Regarding any item purchased through our Services, we reserve the right to limit the number of any items purchased and cancel multiple orders of any item purchased by the same User. We have the right to refuse, cancel, change or reduce any orders you place directly with us whether or not the order has been finalized and/or your credit card charged. We will issue a refund or credit for any credit card charge incurred for any order we cancel. The sales tax will be charged to you and withheld for orders based on the applicable state sales tax rate and the location to which the item is being shipped. Should you not be charged for sales tax, you are entirely responsible for all sales taxes, or other taxes, on orders sent to you.
Through our Services you may be offered gift cards and/or vouchers redeemable for the purchase and/or acquisition of goods and/or services. The risk of loss and title for any gift cards and/or vouchers are exclusively those of the purchaser once the purchaser receives confirmation of the purchase or acquisition. Specifically, we are not responsible if a gift card and/or voucher is lost, stolen, destroyed or used without your permission, and we make no warranties, express or implied, with respect thereto, including without limitation, any express or implied warranty of merchantability or fitness for a particular purpose. In the event any of these items is non-functional, your sole remedy, and our sole liability, shall be the replacement of such. The merchant issuer of the gift card and/or voucher is fully responsible for all goods and services it provides to you and for any and all injuries, illnesses, damages, claims, liabilities and costs it may cause you to suffer, directly or indirectly, in full or in part, whether related to the use or redemption of a gift card, voucher, or otherwise. Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions or limitations may not apply to you, and you might have additional rights. You waive and release Respectology and its subsidiaries, affiliates, partners, officers, directors, employees and agents from any liabilities and/or obligations of any kind arising from or related to any act or omission of a merchant in connection with your use of a gift card and/or voucher or the services/goods it provides in connection with it. Additionally, the expiration date on the gift card and/or voucher sets forth the last date on which you can redeem it for the full promotional value as stated thereon, but applicable law may provide that the merchant is responsible for honoring the cash value that you paid for therefor for a period of time beyond that expiration date.
Respectology reserves the right, at its sole discretion, and with or without notice, to modify or replace any part of the Agreement. All changes are effective immediately when we post them, and apply to all access to and use of the Services thereafter. It is your responsibility to check this Agreement periodically for changes. However, any changes to the dispute resolution provisions set out in the Governing Law and Jurisdiction Section will not apply to any disputes for which the parties have actual notice on or before the date the change is posted on the Services.
Your continued use of or access to the Services following the posting of any changes to this Agreement constitutes acceptance of any changes. In any event, by using the Services you are agreeing to be bound by the then current version of these Terms and Conditions of Use.
Respectology may also, in the future, offer new services and/or features through the Services (including, the release of new tools, services and resources). Such new features and/or services shall be subject to the current terms and conditions of this Agreement.
The owner of the Services is based in the State of California in the United States. We provide the Services for use only by educators, their invitees, parents, and parents with their children who reside and use the Services from within the United States. We make no claims that the Services or any of its Content are accessible or appropriate outside of the United States. Access to the Services may not be legal by certain persons or in certain countries. Access of the Services from outside the United States is not permitted and is a violation of the Agreement.
Respectology may terminate your access to all or any part of the Services at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your use of the Services, you may simply discontinue using the Services. Notwithstanding the foregoing, if you have a payment plan for the Services, you agree to complete all payments and to provide updated payment information if your payment method becomes invalid for any reason, including but not limited to, the expiration of a credit card. Respectology can terminate the Services immediately as part of a general shut down of its service or business, or other lawful reason. Additionally, a registration or subscription (paid or unpaid) may be temporarily terminated pending a determination of the facts relating to a possible breach of this Agreement. Upon termination, all provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, liability, User Submission terms, jurisdiction, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
We do not warrant in any form the results or achievements of the Services provided or the resulting benefit. Our warranty is specifically limited to the following. We warrant that the Services will be performed in a professional and business-like manner in accordance with the generally accepted industry standards and practices and that we will comply with all statutes, ordinances, regulations and laws of all federal, state, county, municipal or local governments applicable to performing the Services hereunder.
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Services will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, 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 THE SERVICES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY SERVICES LINKED TO IT.
YOU AGREE THAT YOUR USE OF THE SERVICES SHALL BE AT YOUR SOLE RISK. THE SERVICES, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, RESPECTOLOGY, ITS OWNERS, OFFICERS, MANAGERS, EMPLOYEES, AND AGENTS, AND ANY OF THEIR AFFILIATES, LICENSORS AND SERVICE PROVIDERS, DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR USE, TITLE OR NON INFRINGEMENT, THE OCCURRENCE OF ANY PARTICULAR OUTCOME OR SUCCESS, COMPLETENESS OF THIS SITE’S CONTENT OR THE CONTENT OF ANY SITES OR INFORMATION LINKED TO THIS SITE, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SERVICES.
TO THE FULLEST EXTENT PERMITTED BY LAW, RESPECTOLOGY, ITS OWNERS, OFFICERS, MANAGERS, EMPLOYEES, AND AGENTS, AND ANY OF THEIR AFFILIATES, MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT, AND ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICES OR ANY INFORMATION CONTAINED OR LISTED THEREIN, AND/OR THE WORK OF HACKERS, (III) UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICES, (IV) BUGS, VIRUSES, TROJAN HORSES, VIRUSES, WORMS, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY, (V) AMOUNTS THAT EXCEED THE FEES PAID BY YOU TO THE SERVICES UNDER THIS AGREEMENT DURING THE TWELVE (12) MONTH PERIOD PRIOR TO THE CAUSE OF ACTION, (VI) ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES AND/OR (VII) THE OUTCOME OF THE USE OF THE SERVICES ON ANY BASIS. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY HYPERLINKED SERVICES OR PRODUCTS, AND WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
IN NO EVENT SHALL RESPECTOLOGY OR ITS OWNERS, OFFICERS, MANAGERS, EMPLOYEES, OR AGENTS, OR ANY OF THEIR AFFILIATES, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICES OR ANY INFORMATION CONTAINED ON IT OR LINKED TO FROM IT, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) INTERRUPTION, DELAY, FAILURE OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICES, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY, (V) ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES, AND/OR (VI) THE OUTCOME OF THE USE OF THE SERVICES ON ANY BASIS, WHETHER ANY OF THE OCCURRENCES LISTED IN I-VI ABOVE ARE BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE PROVIDER IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. YOU SPECIFICALLY ACKNOWLEDGE THAT WE SHALL NOT BE LIABLE FOR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. TO THE EXTENT APPLICABLE LAW REQUIRES THE IMPOSITION OF LIABILITY ON US BEYOND THE LIMITATIONS EXPRESSED HEREIN, YOUR EXCLUSIVE REMEDY FOR BREACH OF OUR LIMITED WARRANTY HEREIN OR ANY STATUTORY WARRANTY IS REFUND OF AMOUNTS PAID UNDER THIS AGREEMENT FOR SUCH NON-CONFORMING SERVICES.
You agree to defend, indemnify, and hold harmless Respectology, its owners, officers, managers, employees, agents, affiliates, licensors, and service providers, and its and their respective owners, officers, directors, managers employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of the Agreement or your use of the Services, including, but not limited to (i) your unauthorized use of and access to the Services; (ii) your violation of any term of the Agreement; or (iii) your violation of any third party right, including without limitation any copyright, property, or privacy. This defense and indemnification obligation will survive these Terms of Service and your use of the Services.
You agree that for all matters relating to the Services and these Terms of Use, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims): (i) the Services shall be deemed solely based in the State of California in the United States of America; (ii) the Services shall be deemed passive Services that do not give rise to personal jurisdiction over Respectology, either specific or general, in jurisdictions other than California; and (iii) any suit, action or proceeding brought by such party against the other in connection with or arising from any portion of the Services Policies (“Judicial Action”) shall be governed by the internal substantive law of the State of California as such laws are applied to agreements between California residents entered into and performed entirely within California, without respect to its conflict of laws principles. Any claim or dispute that arises in whole or in part from the Services or this Agreement shall be decided exclusively by a court of competent jurisdiction located in Sacramento County, California, and you consent to the jurisdiction of federal and state courts within the State of California. You consent to the venue in Sacramento County, California, in any action brought against you in connection with breaches of these Terms of Service, although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms of Use in your state or country of residence or any other relevant state or country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts. You consent to electronic service of process regarding actions under this Agreement.
At Provider’s sole discretion, it may require you to submit any disputes, including any suit filed, arising from this Agreement or use of the Services, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying California law.
These Terms of Service, together with the Privacy Policy, together with any documents they expressly incorporate by reference and any other legal notices published by us on the Services, shall constitute the entire agreement between you and us concerning the Services. If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of any of the remaining provisions of the Agreement, which shall remain in full force and effect, and the parties shall, in good faith, reconstruct the invalid provisions to comply with legal requirements. No waiver of any term of the Agreement shall be deemed a further or continuing waiver of such term or any other term, and our failure to assert any right or provision under the Agreement shall not constitute a waiver of such right or provision. YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
No waiver by the Provider of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Provider to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.
If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.
The headings contained in this Agreement are for reference purposes only and shall not in any way affect or limit the meaning or interpretation of this Agreement.
The Services are operated by:
Respectology, LLC
2443 Fair Oaks Blvd. #98
Sacramento, California 95825
Attention: Brian Baker and Avery Baker
Email: averyandbrianbaker@gmail.com
Phone: (916) 834-0292
All other feedback, comments, requests for technical support, and other communications relating to the Services should be directed to averyandbrianbaker@gmail.com.
Effective on December 1, 2022