Blogstalgia.com, which is operated by 7Sigma Physiques LLC (“Company”, “I”, “we”, “us”, or “our”), provides visitors information on Blogstalgia.com (“website”, “Site”, or “Service”) subject to the following terms and conditions (“Terms and Conditions”). The term “you” refers to any visitor, viewer, or user of the website and/or any user of any free or paid program, product, course, or service of the Company (each, a “Product”).
We reserve the right to amend or modify these terms and conditions at any time without notice to you, and by using the website, you accept those amendments. It is your responsibility to check the website for updates.
Your continued use of the website or any Products after posting of any changes to our Terms and Conditions constitutes your acceptance of those changes and updates. If you do not want to be bound by these Terms and Conditions, you must not access or use the website.
Your acceptance of our Disclaimer is expressly incorporated into these Terms and Conditions. Please review the Disclaimer for more information.
Mandatory Arbitration and Governing Law
You expressly waive your right to bring any legal claims, now or in the future arising out of or related to the website and our products/services. In the event of any dispute, claim or controversy arising out of or relating to your use of this website, the terms and conditions shall be construed in accordance with the rules and regulations of the state of Florida and the United States. You agree to consent and submit to the jurisdiction of the state and federal courts located in Florida without regard to the principles of conflict of law or where the parties are located at the time a dispute arises. You agree to resolve any disputes or claims first through mandatory mediation in the state of Florida and shall bear the full cost of mediation as permitted by law. Your good faith participation in mediation is a condition precedent to pursuing any other legal or equitable remedies available such as litigation, arbitration or any other legal procedure. You also agree that in the event a legal claim is initiated after the required mediation, the prevailing party shall be entitled to recover reasonable attorney’s fees and other costs associated with the legal action.
Compliance with Intellectual Property Laws
When accessing the website and/or using the Product, you agree to obey the law and to respect the intellectual property rights of others. Your use of the Product and the website is at all times governed by and subject to laws regarding copyright ownership and use of intellectual property. You agree not to upload, download, display, perform, transmit, or otherwise distribute any information or content (collectively, “Content”) in violation of any third party’s copyrights, trademarks, or other intellectual property or proprietary rights. You agree to abide by laws regarding copyright ownership and use of intellectual property, and you shall be solely responsible for any violations of any relevant laws and for any infringements of third-party rights caused by any Content you provide or transmit, or that is provided or transmitted using your User ID. The burden of proving that any Content does not violate any laws or third-party rights rests solely with you.
User Content and Lawful Use of the Website
For any Content or information that you upload, display, post, transmit, send, email, or submit to us on the website or on any of our social media sites, you warrant that you are the owner of that Content or have express permission from the owner of those intellectual property rights to use and distribute that Content to us.
You grant us and/or our officers, employees, successors, shareholders, joint venture partners, or anyone else working with us a royalty-free, perpetual, irrevocable, worldwide, non-exclusive right and license to identify you, publish, post, reformat, copy, distribute, display, edit, reproduce any Content provided by you on our website and on any of our social media sites for any purpose. You shall be solely liable for any damages resulting from any infringement of copyrights, trademark, or other proprietary rights of any Content or information that you provide to us.
You agree not to upload, display, post, transmit, distribute, send, email or submit to us on the website or on any of our social media sites any information or Content that is:
- illegal, violates or infringes upon the rights of others;
- defamatory, abusive, profane, hateful, vulgar, obscene, libelous, pornographic, threatening;
- encourages or advocates conduct that would constitute a criminal offense, giving rise to civil liability or otherwise violate any law;
- distribute material including but not limited to spyware, computer virus, any kind of malicious computer software, or any other harmful information that is actionable by law;
- any attempts to gain unauthorized access to any portion or feature of the website; and
- send unsolicited or unauthorized material or cause disruption in the operation of the website. You agree to use the website for lawful purposes only and shall be liable for damages resulting from the violation of any provision contained in these Terms and Conditions.
The website may contain links to third-party websites or resources for your convenience. We may serve as an affiliate for some of these third-party websites by offering or advertising their products or services on the website; however, we do not own or control these third-party websites. Once you click on a third-party link and leave this website, you are no longer bound by our terms and conditions.
You agree that we are not responsible or liable for the accuracy, content or any information presented on these third-party websites. You assume all risks for using these third-party websites or resources and any transactions between you and these third-party websites are strictly between you and the third party. We shall not be liable for any damages resulting from your use of these third-party websites or resources.
Company has in place certain legally mandated procedures regarding allegations of copyright infringement occurring on the website or with the Product.
We may offer free products for you to download and also sell paid courses, eBooks, programs, physical or digital products and any other related materials (collectively, “products”) on this website. All our products and/or services including all content are protected by copyright pursuant to the US and international copyright laws. You are granted a limited revocable license to print or download Content from our digital products for your own personal, non-commercial, non-transferrable, informational and educational use only while ensuring it’s not in violation of any copyright, trademark, and intellectual property or proprietary rights. Copying or storing our content for other than personal use is expressly prohibited without our prior written consent.
You acknowledge and agree that you have no right to share, modify, sell, edit, copy, reproduce, create derivative works of, reverse engineer, enhance or in any exploit our products. You cannot sell or redistribute any of our products, whether free or paid ones, without our express written consent. You agree to abide by the copyright, trademark laws and intellectual property rights and shall be solely responsible for any violations of these terms and conditions.
All sales of products and/or services on this website are subject to our refund policy.
ALL CONTENT, INFORMATION, PRODUCTS AND/OR SERVICES ON THE WEBSITE ARE “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND INCLUDING THE WARRANTIES OF MERCHANTABILITY OR FITNESS FOR ANY PURPOSE, EXPRESS OR IMPLIED TO THE FULL EXTENT PERMISSIBLE BY LAW. COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONTENT, INFORMATION, MATERIALS, PRODUCTS AND/OR SERVICES PROVIDED ON THIS WEBSITE. COMPANY MAKES NO WARRANTIES THAT THE WEBSITE WILL PERFORM OR OPERATE TO MEET YOUR REQUIREMENTS OR THAT THE INFORMATION PRESENTED HERE WILL BE COMPLETE, CURRENT OR ERROR-FREE. COMPANY DISCLAIMS ALL WARRANTIES, IMPLIED AND EXPRESS FOR ANY PURPOSE TO THE FULL EXTENT PERMITTED BY LAW.
Limitation of Liability
You agree that under no circumstances, we and/or our officers, employees, successors, shareholders, joint venture partners or anyone else working with us shall be liable for any direct, indirect, incidental, consequential, equitable, special, punitive, exemplary or any other damages resulting from your use of this website including but not limited to all the content, information, products, services and graphics presented here.
You expressly agree that your use of the website is at your sole risk and that you are solely responsible for the accuracy of the personal and any information you provide, the outcome of your actions, personal and business results, and for all other use in connection with the website.
You also expressly agree that we and/or our officers, employees, successors, shareholders, joint venture partners or anyone else working with us shall not be liable to you for any damages resulting from:
- any errors or omissions on the website, delay or denial of any products or services, failure of performance of any kind, interruption in the operation and your use of the website, website attacks including computer virus, hacking of information, and any other system failures;
- any loss of income, use, data, revenue, profits, business or any goodwill related to the website;
- any theft or unauthorized access by third party of your information from the website regardless of our negligence; and
- any use or misuse of the information, products and/or services offered here.
This limitation of liability shall apply whether such liability arises from negligence, breach of contract, tort or any other legal theory of liability. You agree that we provide no express or implied guarantees to you for the content presented here, and you accept that no particular results are being promised to you here.
If, for whatever reason, a court of competent jurisdiction finds any term or condition in these Terms and Conditions to be unenforceable, all other terms and conditions will remain unaffected and in full force and effect. No waiver of any breach of any provision of these Terms and Conditions shall constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party.
You agree to indemnify and hold the Company and/or its officers, employees, successors, shareholders, joint venture partners or anyone else working with us harmless from all losses, claims, damages, demands, actions, suits, proceedings or judgments, including costs, expenses and reasonable attorneys’ fees (“Liabilities”) assessed against or otherwise incurred by you arising, in whole or in part, from:
- actions or omissions, whether done negligently or otherwise, by you, your agents, directors, officers, employees or representatives;
- all your actions and use of the website including purchasing products and services;
- violation of any laws, rules, regulations or ordinances by you;
- violation of any terms and conditions of this website by you or anyone related to you; or
- infringement by you or any other user of your account of any intellectual property or other rights of anyone.
The Company will notify you promptly of any such claims or liability and reserves the right to defend such claim, liability or damage at your expense. You shall fully cooperate and provide assistance to us if requested, without any cost, to defend any such claims.
All contents of website and Products are: © 2020 7Sigma Physiques LLC. All rights reserved.
Nothing contained on the website should be understood as granting you a license to use any of the trademarks, service marks, or logos owned by Company or by any third party.
Company reserves the right to amend these Terms. Should Company seek to make such an amendment and we, in our sole discretion, consider the amendment to be material in nature, we shall:
- Clearly publish on the home page the fact an amendment is being made. You may contact us to discuss and contact information so you may discuss the proposed changes with us.
Should a court of competent jurisdiction rule this Amendment provision invalid, then this Amendment clause shall be terminated as part of this agreement with the agreement between us reverting to the previous set of terms applicable to the website. All amendments to the Terms shall be forward-looking.
United States Use Only
The website is controlled and operated by Company from its offices in the State of Florida. The domain of the website is registered in the United States and the website is hosted in the United States. The intended audience for this site consists of individuals in the United States only. Company makes no representation that any of the materials or the services to which you have been given access are available or appropriate for use in other locations (including the European Union as detailed in the General Data Protection Regulation). Furthermore, this website does not envisage offering goods or services to individuals living in the European Union as detailed in the General Data Protection Regulation. In addition, the information presented and associated with this website is intended for individuals that reside in the United States only.
For any questions or concerns, please contact us at firstname.lastname@example.org