Acceptance of Terms
The Information We Collect
In the course of operating the website and/or interacting with you, we will collect (and/or receive) the following types of information.
When you sign up to be on our email list, receive our newsletters, respond to a survey, you may be required to provide us with personal information about yourself, such as your name, address, email address, and telephone number. We do not collect any personal information from Visitors when they use the Website unless they provide such information voluntarily, such as by registering or sending us an email or signing up for our email list or newsletter. All information we collect and/or receive under this section is collectively called “Personal Information.”
In addition to the information noted above, we may collect additional information (collectively referred to as “Other Information”). This information may include:
From You. Additional information about yourself that you voluntarily provide to us (e.g. via a survey), such as household income range, gender, product and service preferences, and other information that does not identify you personally.
From Your Activity. Information that we automatically collect when you use the Website including, but without limitation:
IP addresses, which may consist of a static or dynamic IP address and will sometimes point to a specific identifiable computer or device, browser type and language; referring and exit pages and URLs; date and time, amount of time spent on particular pages; what sections of the Website you visit and similar data; and information about your device, including the type of device, universally unique ID (“UUID”); advertising identifier (“IDFA”); MAC address; operating system and version (e.g., iOS, Android or Windows); carrier and country location; hardware and processor information (e.g., storage, chip-speed, camera-resolution, NFC enabled); network type (WiFi, 3G, 4G, LTE); and similar data.
Accessing and Modifying Personal Information and Communication Preferences.
If you are a member of the email list, or a recipient of the newsletter, you may manage your receipt of marketing and non-transactional communications by clicking the “unsubscribe” link. We will use reasonable efforts to process such requests. However, please be aware that it may not be possible to completely remove or modify information in our subscription database.
How We Use Information
We use the Personal Information and Other Information (collectively referred to as “Information”) to maintain and improve our Website and services to you, to solicit your feedback, and to inform you about our products and services.
How We Protect the Information
The security of your Personal Information is important to us, but no method of transmission over the Internet, or method of electronic storage, is 100% secure. We strive to take commercially reasonable steps to protect your Personal Information from loss, misuse, and unauthorized access, disclosure, alteration or destruction. However, please understand we cannot guarantee the security of our databases, nor can we guarantee that the Information you supply will not be intercepted while being transmitted to us over the internet. Specifically, email sent to or from the Website may not be secure, and you should carefully consider what information you send to us via email.
IMPORTANT NOTICE TO NON-U.S. RESIDENTS
How to Contact Us
We provide Visitors with access to the following Services:
Visitors. Visitors are people who do not register with us, but want to explore our website. No login is required for Visitors. Visitors can: (i) view all publicly available content on the website, and (ii) email us directly.
Restrictions. The website is only available for individuals’ age 18 years or older.
Intellectual Property. The website contains material, such as blog posts, articles, interviews, logos, photographs, software, text, graphics, images, sound recordings, and other material provided by or on behalf of Jennah Lear and www.bluelouistudio.com (collectively referred to as “Content”). The Content may be owned by us or third parties. The Content is protected under both the law of the United States and the law of foreign countries. Unauthorized use of the Content may violate copyright, trademark and other applicable laws.
Visitors may view all publicly-available Content for their own personal, non-commercial use. No other use is permitted without the prior written consent of www.bluelouistudio.com or Jennah Lear. We retain all right, title, and interest, including all intellectual property rights, in and to the Content. You may not sell, transfer, assign, license, sublicense, or modify the Content or reproduce, display, publicly perform, make a derivative version of, distribute, or otherwise use the Content in any way for any public or commercial purpose. The use or posting of the Content on any other website, social media page, or in a network computer environment for any purpose is expressly prohibited.
If you violate any part of this Agreement, your permission to access and/or use the Content and the website automatically terminates and you must immediately destroy any copies you have made of the Content.
The trademarks, service marks and logos of Jennah Lear or www.bluelouistudio.com (the “Trademarks”) used and displayed on this website are registered and unregistered trademarks or service marks. Nothing on the website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Trademarks, without our prior written permission specific for each such use. Use of the Trademarks as part of a link to or from any site is prohibited unless establishment of such a link is approved in advance by us in writing. All goodwill generated from the use of the Trademarks inures to our benefit.
Elements of the website are protected by trade dress, trademark, unfair competition, and other state and federal laws and may not be copied or imitated in whole or in part, by any means, including, but not limited to, the use of framing or mirrors. None of the Content may be retransmitted without our express, written consent for each and every instance.
Communications with Us
We encourage you to email us, but please be aware that you should not email us any content that contains confidential information. We must advise you that transmitting information does not establish an attorney-client relationship. Additionally, any information provided to us through this website is not considered privileged or confidential.
NO WARRANTIES OR LIMITATIONS OR LIABILITY
THE WEBSITE AND THE CONTENT ARE PROVIDED AS ATTORNEY ADVERTISING. THE INFORMATION PROVIDED IS GIVEN WITHOUT ANY WARRANTIES OF ANY KIND, INCLUDING THAT THE WEBSITE WILL OPERATE ERROR-FREE OR THAT THE WEBSITE, ITS SERVICES, OR CONTENT ARE FREE OF COMPUTER VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWS: (I) WE SHALL NOT BE SUBJECT TO LIABILITY FOR ANY DELAYS OR INTERRUPTIONS OF THE WEBSITE FROM WHATEVER CAUSE, AND YOU AGREE THAT YOU USE THE CONTENT AND THE WEBSITE AT YOUR OWN RISK; (II) WE DISCLAIM ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE; (III) WE SHALL NOT BE LIABLE FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, DIRECT, INCIDENTAL AND CONSEQUENTIAL DAMAGES RESULTING FROM LOST DATA) RESULTING FROM THE USE OR INABILITY TO ACCESS AND USE THE WEBSITE OR THE CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY.
IF THE USE OF THE WEBSITE OR THE CONTENT RESULTS IN THE NEED FOR SERVICE OR REPLACEMENT OF EQUIPMENT OR DATA, WE SHALL NOT BE RESPONSIBLE FOR THOSE COSTS.
THE WEBSITE MAY CONTAIN TECHNICAL INACCURACIES, TYPOGRAPHICAL ERRORS OR OMISSIONS. WE ARE NOT RESPONSIBLE FOR TECHNICAL, TYPOGRAPHICAL, OR PRICING ERRORS LISTED ON THE WEBSITE. WE RESERVE THE RIGHT TO MAKE CHANGES, CORRECTIONS, AND/OR IMPROVEMENTS TO THE WEBSITE AT ANY TIME WITHOUT NOTICE.
The website may contain links to third-party websites (“External Sites”). These links are provided solely as a convenience to you and not as an endorsement by us of the content on External Sites. The content of External Sites is developed and provided by others. You should contact the site administrator or webmaster for those External Sites if you have any concerns regarding the links or any of their content. We are not responsible for the content of any linked External Sites and do not make any representations regarding the content or accuracy of materials on such External Sites. You should take precautions when downloading files from all websites to protect your computer from viruses and other destructive programs. If you decide to access linked External Sites, you do so at your own risk.
Compliance with Applicable Laws
The website is based in the United States. We make no claims concerning whether the Content may be downloaded, viewed, or be appropriate for use outside of the United States. If you access the website or the Content from outside of the United States, you do so at your own risk. Whether you are inside or outside of the United States, you are solely responsible for ensuring compliance with the laws of your specific jurisdiction.
Termination of the Agreement
We reserve the right, in our sole discretion, to restrict, suspend, or terminate this Agreement and your access to all or any part of the website, at any time and for any reason without prior notice or liability. We reserve the right to change, suspend, or discontinue all or any part of the website at any time without prior notice or liability.
This Agreement and any action related thereto will be governed by the laws of the State of Ohio without regard to its conflict of law’s provisions.
In the event of a dispute arising under or relating to this Agreement, the Content, or the Website (“Dispute”), either party may elect to finally and exclusively resolve the dispute by binding arbitration governed by the American Arbitration Association (“AAA”) Dispute Resolution Hearing rules. Any election to arbitrate, at any time, shall be final and binding on the other party. IF EITHER PARTY CHOOSES ARBITRATION, NEITHER PARTY SHALL HAVE THE RIGHT TO LITIGATE SUCH CLAIM IN COURT OR TO HAVE A JURY TRIAL, EXCEPT EITHER PARTY MAY BRING ITS CLAIM IN ITS LOCAL SMALL CLAIMS COURT, IF PERMITTED BY THAT SMALL CLAIMS COURT RULES AND IF WITHIN SUCH COURT’S JURISDICTION. All disputes will be resolved before a neural arbitrator selected jointly by the parties, whose decision shall be final. The arbitration will be commenced and conducted by American Arbitration Association (hereafter “AAA”) pursuant to its current Comprehensive Arbitration Rules at www.adr.org and Procedures and in accordance with the Expedited Procedures in those rules, or, where appropriate, pursuant to AAA Streamlined Arbitration Rules and Procedures. All applicable AAA rules and procedures are available at the AAA website www.adr.org. Each party will be responsible for paying any AAA filing, administrative and arbitrator fees in accordance with AAA rules. Judgment on the arbitrator’s award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. The arbitration may be conducted in person, through the submission of documents, by telephone, or online. If conducted in person, the arbitration shall take place in the United States, in the county where you reside. The parties may litigate in court to compel arbitration, to stay a proceeding pending in arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator. The parties shall cooperate in good faith in the voluntary and informal exchange of all non-privileged documents and other information (including electronically stored information) relevant to the Dispute immediately after commencement of the arbitration. As set forth in Section 18 below, nothing in this Agreement will prevent us from seeking injunctive relief in any court of competent jurisdiction as necessary to protect our proprietary interests.
Class Action Waiver
You agree that any arbitration or proceeding shall be limited to the Dispute between us and you individually. To the full extent permitted by law: (i) no arbitration or proceeding shall be joined with any other; (ii) there is no right or authority for any Dispute to be arbitrated or resolved on class action procedures; and (iii) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons. YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST US ONLY IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
You acknowledge and agree that in the event of a breach or threatened violation of our intellectual property rights and confidential and proprietary information by you, we will suffer irreparable harm and will therefore be entitled to injunctive relief to enforce this Agreement. We may, without waiving any other remedies under this Agreement, seek from any court having jurisdiction any interim, equitable, provisional, or injunctive relief that is necessary to protect our rights and property pending the outcome of the arbitration referenced above. You hereby irrevocably and unconditionally consent to the personal and subject matter jurisdiction of the federal and any state courts in California, for purposes of any such action by us.
YOU AGREE THAT, UNLESS CONTRARY TO ANY APPLICABLE LAW, ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE WEBSITE, THE CONTENT, OR THIS AGREEMENT, MUST BE COMMENCED BY YOU WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE SUCH CAUSE OF ACTION IS BARRED. If any provision of this Agreement is found to be invalid by any court having competent jurisdiction or terminated in accordance with the Termination provision, the invalidity or termination of such provision shall not affect the validity of the following provisions of this Agreement, which shall remain in full force and effect.
Our failure to act on or enforce any provision of the Agreement shall not be construed as a waiver of that provision or any other provision in this Agreement. No waiver shall be effective against us unless made in writing, and no such waiver shall be construed as a waiver in any other or subsequent instance. Except as expressly agreed by us and you in writing, this Agreement constitutes the entire Agreement between you and us. This Agreement will inure to the benefit of our successors, assigns, licensees, and sub-licensees.