TERMS AND CONDITIONS OF USE
Thank you for visiting our website. If you want to use
www.asthmaskills.com, you must agree to conform to and be
legally bound by the terms and conditions described below.
IF YOU DISAGREE WITH ANY OF THESE TERMS OR
CONDITIONS, DO NOT USE OUR WEBSITE.
MINORS
We do not provide services or sell products to children. If
you are below the age of 18, you may use our website only with
the permission and active involvement of a parent or legal
guardian. If you are a minor, please do not provide us or other
website visitors with any personal information.
PRIVACY POLICY IS PART OF THESE TERMS AND
CONDITIONS
Our privacy policy is part of, and subject to, these terms
and conditions of use. You may view our privacy policy on
www.asthmaskills.com.
ANTI-SPAM POLICY IS PART OF THESE TERMS AND
CONDITIONS
Our anti-Spam policy is part of, and subject to, these terms
and conditions of use. You may view our anti-Spam policy on
www.asthmaskills.com.
COMPENSATION DISCLOSURE POLICY, IF ANY, IS PART OF
THESE TERMS AND CONDITIONS
If there is a Compensation Disclosure Policy on
www.asthmaskills.com, the policy is part of, and subject to,
these terms and conditions of use.
MODIFICATIONS AND TERMINATIONS
These terms and conditions may change from time to time. If
such changes are made, they will be effective immediately, and
we will notify you by a notice posted on our website's home
page of the changes that have been made. If you disagree with
the changes that have been made, you should not use our
website.
We may terminate these terms and conditions of use for any
reason and at any time without notice to you.
If you are concerned about these terms and conditions of
use, you should read them each time before you use our website.
Any questions or concerns should be brought to our attention by
sending an e-mail to admin[at]asthmaskills.com, and providing
us with information relating to your concern.
LICENSEE STATUS
You understand and agree that your use of our website is
limited and non-exclusive as a nontransferable revocable
licensee. We may terminate your license to use our website, and
access to our website, for any reason, and without giving you
notice.
CONTENT OWNERSHIP
All content on our website is owned by us or our content
suppliers. On behalf of ourselves and our content suppliers, we
claim all property rights, including intellectual property
rights, for this content and you are not allowed to infringe
upon those rights. We will prosecute to the fullest extent of
the law anyone who attempts to steal our property.
You agree not to copy content from our website without our
permission. Any requests to use our content should be submitted
to us by e-mail to admin[at]asthmaskills.com.
If you believe that your intellectual property rights have
been infringed upon by our website content, please notify us by
sending an e-mail to admin[at]asthmaskills.com, or by sending
mail to us at the address listed below. Please describe in
detail the alleged infringement, including the factual and
legal basis for your claim of ownership.
DISCLAIMERS AND LIMITATIONS OF
LIABILITY
The information on our website is provided on an ''as is,''
''as available'' basis. You agree that your use of our website
is at your sole risk. We disclaim all warranties of any kind,
including but not limited to, any express warranties, statutory
warranties, and any implied warranties of merchantability,
fitness for a particular purpose, and non-infringement. We do
not warrant that our website will always be available, access
will be uninterrupted, be error-free, meet your requirements,
or that any defects in our website will be corrected.
Information on our website should not necessarily be relied
upon and should not to be construed to be professional advice
from us. We do not guarantee the accuracy or completeness of
any of the information provided, and is not responsible for any
loss resulting from your reliance on such information.
If your jurisdiction does not allow limitations on
warranties, this limitation may not apply to you. Your sole and
exclusive remedy relating to your use of the site shall be to
discontinue using the site.
Under no circumstances will we be liable or responsible for
any direct, indirect, incidental, consequential (including
damages from loss of business, lost profits, litigation, or the
like), special, exemplary, punitive, or other damages, under
any legal theory, arising out of or in any way relating to our
website, your website use, or the content, even if advised of
the possibility of such damages.
Our total liability for any claim arising out of or relating
to our website shall not exceed one hundred ($100) dollars and
that amount shall be in lieu of all other remedies which you
may have against us or our affiliates. Any such claim shall be
subject to confidential binding arbitration as described later
in these terms and conditions of use.
OBSCENE AND OFFENSIVE CONTENT
We are not responsible for any obscene or offensive content
that you receive or view from others while using our website.
However, if you do receive or view such content, please contact
us by e-mail to admin[at]asthmaskills.com so that we can
investigate the matter. Although we are not obligated to do so,
we reserve the right to monitor, investigate, and remove
obscene or offensive material posted to our website.
INDEMNIFICATION
You understand and agree that you will indemnify, defend and
hold us and our affiliates harmless from any liability, loss,
claim and expense, including reasonable attorney's fees,
arising from your use of our website or your violation of these
terms and conditions.
COMPLIANCE WITH GOVERNING LAW AND DISPUTE
RESOLUTION
You agree to obey all applicable laws while using our
website.
You agree that the laws of QLD govern these terms and
conditions of use without regard to conflicts of laws
provisions.
You also agree that any dispute between you and us,
excluding any intellectual property right infringement claims
we pursue against you, shall be settled solely by confidential
binding arbitration per the American Arbitration Association
commercial arbitration rules. All claims must arbitrate on an
individual basis, and cannot be consolidated in any arbitration
with any claim or controversy of anyone else. All arbitration
must occur in Townsville, QLD, Australia. Each party shall bear
one half of the arbitration fees and costs incurred, and each
party is responsible for its own lawyer fees.
SEVERABILITY OF THESE TERMS AND
CONDITIONS
If any part of these terms and conditions of use are
determined by a court of competent jurisdiction to be invalid
or unenforceable, that part shall be limited or eliminated to
the minimum extent necessary so that the remainder of these
terms and conditions are fully enforceable and legally
binding.
HOW TO CONTACT US
Any questions or concerns about these terms and conditions
of use should be brought to our attention by e-mail to
admin[at]asthmaskills.com, and providing us with information
relating to your concern.
You may also mail your concerns to us at the following
address:
AsthmaSkills
71 Harold St
Townsville, QLD 4810
Australia
ENTIRE AGREEMENT
These terms and conditions, including the policies
incorporated herein by express reference, constitute your
entire agreement with us with respect to your use of our
website.
This Terms and Conditions of Use was last updated on
12-02-2009.
Copyright © 2008-2009 Law Office of Michael E. Young PLLC, and
licensed for use by the owner of this website at
www.asthmaskills.com. All Rights Reserved. No portion of
this document may be copied or used by anyone other than the
licensee without the express written permission of the
copyright owner.
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