This is a Terms of Use Agreement (the “Agreement”) between you and Meditations with Carol, LLC, the owner of the Meditations with Carol website which has a registered domain name of www.meditationswithcarol.com (the “Website”), regarding the terms and conditions of your use of this Website.  By using or accessing this Website, you acknowledge that you have read and understand this Agreement and agree to all of its terms and conditions.  IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT IN THEIR ENTIRETY, THEN YOU ARE NOT AUTHORIZED TO USE OR ACCESS THIS WEBSITE.

This Agreement was posted to this Website on May 1, 2013 and was last updated on this date.  This Agreement may be amended from time to time.  You should visit this page regularly to keep yourself informed of the most current version of this Agreement as the Content is subject to change without notice to you of any kind.

The terms “us”, “we” and “our” refer to Meditations with Carol, LLC.  The term “you” refers to each individual user of our Website.

Grant of Right of Use and Access

We hereby grant you the right to access and use the Website provided that you are in agreement with and will continue to acknowledge and/or abide by the following terms and conditions:

  • The written content, information, materials, images, photographs and other content contained on the pages of this Website (collectively the “Content”) are for your personal information and use only and shall not be used by you for any commercial or other purposes whatsoever.
  • Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the Content found or offered on this Website for any particular purpose. You acknowledge that such Content may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
  • You assume any and all risks related to your use of and/or access to the Website, as well as the Content on this Website, and we shall not be liable for any damages you sustain as a result of these risks.
  • All of the Content on this Website is owned by or licensed to us. You agree that you will not download, copy, reproduce display, distribute, transmit or publish, either in whole or in part, any of the Content on this Website without our prior written consent.
  • You acknowledge that your use of and/or access to this Website in a manner which is not authorized by the terms and conditions of this Agreement may give rise to a claim for damages against you and/or may constitute a criminal offense.
  • From time to time this Website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the linked website(s). You acknowledge that we have no responsibility for the content of the linked website(s) or for any damages you sustain as a result of your use of and/or access to the linked website(s).
  • You may not create a link to this Website from any other website without first obtaining our permission.  You may request permission by sending your name, address, Website URL, and the type and nature of website(s) from which you want this Website to be linked to by contacting us.
  • You may not change or edit any part of the Website or the Content.
  • You may not sell advertising on the Website.
  • You acknowledge that your use of and/or access to this Website and the Content does not give you any right, title or interest of any kind in the Website or the Content.
  • You acknowledge that your right to use and/or access the Website may be restricted, limited or discontinued by us at any time in our sole discretion.  We also reserve the right to discontinue this Website, or any aspect of the Website, at any time.
  • You are in compliance with all of the other terms and conditions of this Agreement. 

Termination of Access and Use

We may terminate your access to or right to use and access the Website at any time, if in our sole discretion, we determine that you are in violation of any of the terms and conditions of this Agreement. You agree that we will not be liable to you or to any third party for any termination of your access to and/or use of this Website.

Privacy Policy

Our Privacy Policy sets out how we use and protect any information that you give us when you use this Website. 

Assignment

These Terms and Conditions, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by us without restriction.

Disclaimer of Warranties and Representations

THIS WEBSITE AND ANY CONTENT CONTAINED ON THIS WEBSITE ARE ALL MADE AVAILABLE TO YOU ON AN “AS IS, WHERE IS” BASIS AND WITH ALL FAULTS, LATENT OR MANIFEST, INCLUDED.  YOU HEREBY AGREE THAT YOUR USE OF THIS WEBSITE IS ENTIRELY AT YOUR OWN RISK.

MEDITATIONS WITH CAROL, LLC, TOGETHER WITH ALL OF OUR OFFICERS, DIRECTORS, MEMBERS, EMPLOYEES AND AGENTS, SUPPLIERS AND CONTENT, INFORMATION AND SERVICE PROVIDERS MAKE NO REPRESENTATIONS OR WARRANTIES TO YOU WITH RESPECT TO THIS WEBSITE AND HEREBY SPECIFICALLY DISCLAIM, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY AND ALL REPRESENTATIONS AND WARRANTIES WITH RESPECT TO THIS WEBSITE OR THE CONTENT CONTAINED ON THIS WEBSITE, WHETHER WRITTEN OR ORAL, EXPRESS OR IMPLIED, ARISING OUT OF THE COURSE OF DEALING, COURSE OF PERFORMANCE OR CUSTOMS OR USAGE OF TRADE OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, SYSTEMS INTEGRATION, NON-INTERFERENCE, QUALITY, TITLE, AND NON-INFRINGEMENT AND ANY REPRESENTATIONS REGARDING ACCURACY, TRUTHFULNESS AND OR COMPLETENESS OF ANY OF THE CONTENT CONTAINED ON THIS WEBSITE OR THE QUALITY OF THIS WEBSITE AND ITS  CONTENT.

Liability Exclusion and Release

Meditations with Carol, LLC has no liability whatsoever, to the fullest extent permitted by law, in connection with your use of and/or access to this Website and any of the Content.  Meditations with Carol, LLC hereby specifically assumes no liability for any damages arising out of or related to: (1) any errors, inaccuracies or omissions contained in any of the Content; (2) any personal injuries or property damage resulting to you or to any third party from your use of and/or access to the Website, (3) any unauthorized access to your personal information and/or financial information by any third parties through the Website, and (4) any viruses or Trojan horses you may acquire due to your use of and/or access to the Website.  These specific exclusions of liability are provided as examples only and shall not in any way limit or reduce our exclusion of all liability hereunder.  You should use your best judgment and exercise caution when and where appropriate while using this Website.

WhilE effort has been taken to ensure that thIS WEBSite AND ITS CONTENT ARE free from viruses, YOU HEREBY ACKNOWLEDGE THAT MEDITATIONS WITH CAROL, LLC DOES NOT GUARANTEE THAT IT IS free from viruses.  you HEREBY are responsible for ensuring that you have installed adequate and up-to-date virus-checking software.  YOU HEREBY ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING AND REPAIRS TO ANY COMPUTER OR TO ANY OTHER EQUIPMENT ARISING OUT OF OR RELATED TO YOUR USE OF AND/OR ACCESS TO THIS WEBSITE.

YOU HEREBY ACKNOWLEDGE THAT, TO THE FULLEST EXTENT PERMITTED BY LAW, MEDITATIONS WITH CAROL, LLC SHALL NOT BE LIABLE TO YOU FOR ANY DAMAGES THAT YOU SUSTAIN, OR THAT YOU CAUSE ANY THIRD PARTY TO SUSTAIN, WHATSOEVER ARISING OUT OF OR RELATED TO YOUR USE OF AND/OR ACCESS TO THIS WEBSITE AND ANY OF ITS CONTENT, INCLUDING DIRECT, SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, EXTRA-CONTRACTUAL, DAMAGES FOR LOST REVENUES OR LOST PROFITS AND ANY AND PUNITIVE DAMAGES, REGARDLESS OF LEGAL THEORY, WHETHER OR NOT YOU OR ANY THIRD PARTY HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 

YOU HEREBY RELEASE, REMISE AND FOREVER DISCHARGE MEDITATIONS WITH CAROL, LLC FROM ANY AND ALL DAMAGES, LOSSES, LIABILITIES, ATTORNEYS’ FEES, COSTS AND EXPENSES OF ANY KIND SUSTAINED BY YOU OR ANY THIRD PARTY IN CONNECTION WITH ANY CLAIMS, COMPLAINTS, DEMANDS, CAUSES OF ACTION, LAWSUITS, LEGAL, ADMINISTRATIVE, OR CIVIL PROCEEDINGS WHATSOEVER, WHETHER KNOWN OR UNKNOWN, WHICH PRESENTLY EXIST OR MAY HEREAFTER EXIST IN THE FUTURE, WHICH ARISE OUT OF OR ARE RELATED TO YOUR USE OF AND/OR ACCESS TO THIS WEBSITE  AND ITS CONTENT TO THE FULLEST EXTENT PERMITTED BY LAW.

Indemnification

YOU HEREBY AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS MEDITATIONS WITH CAROL, LLC FROM AND AGAINST ANY AND ALL DAMAGES, LOSSES, LIABILITIES, REASONABLE ATTORNEYS’ FEES, COSTS AND EXPENSES OF ANY KIND THAT THEY MAY SUSTAIN IN CONNECTION WITH ANY CLAIMS, COMPLAINTS, DEMANDS, CAUSES OF ACTION, LAWSUITS, LEGAL, ADMINISTRATIVE OR CIVIL PROCEEDINGS WHATSOEVER, MADE BY YOU OR ANY OTHER THIRD PARTY, WHETHER KNOWN OR UNKNOWN, WHICH PRESENTLY EXIST OR MAY HEREAFTER EXIST IN THE FUTURE, WHICH ARISE OUT OF OR ARE RELATED TO YOUR USE OF AND/OR ACCESS TO THIS WEBSITE OR YOUR BREACH OF ANY OF YOUR OBLIGATIONS UNDER, OR YOUR FAILURE TO ABIDE BY ANY OF THE TERMS AND CONDITIONS OF THIS AGREEMENT.

Copyright Notice

This Website is the copyright of Meditations with Carol, LLC, effective 2013, all rights reserved.   The Content contained on this Website is the copyright of Meditations with Carol, LLC.

You may not, except with our express written permission, or without the express written permission of the copyright holder of any Content supplied to the Website by any third party, commercially distribute or exploit the Content. You may also not transmit the Content, store it in any other website or other form of electronic retrieval system, or manipulate or alter the Content in any manner.

Digital Millennium Copyright Act Notice 

If you are a copyright owner or an agent thereof and believe that any use of, or text or images posted on this Website, infringes upon your copyrights, you 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): (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;  (c) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material; (d) information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail; (e) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

The address for our designated Copyright Agent, as registered with the United States Copyright Office, to receive notifications of claimed infringement is:

Copyright Agent

c/o Meditations with Carol, LLC

857 Post Road

Fairfield, CT, 06824

Compliance with Local Laws

The Website is controlled and offered by Meditations with Carol, LLC from its facilities in Connecticut. We make no representations that the Website is appropriate or available for use in other locations. Those who access or use the Website from other jurisdictions do so at their own volition and are responsible for compliance with their local laws.

Governing Law 

This Agreement shall be governed by and construed in accordance with the laws of the State of Connecticut.  Any disputes arising from matters relating to the Website shall be subject to the jurisdiction of the state and federal courts of Connecticut and you hereby irrevocably consent to the personal jurisdiction of such courts.

Severability

If any of these terms and conditions of this Agreement should be determined to be illegal, invalid or otherwise unenforceable by any reviewing court of competent jurisdiction, such illegal, invalid or unenforceable terms shall be severed and deleted from this Agreement, only within the jurisdiction of such reviewing court, and the remaining terms and conditions of this Agreement shall survive, remain in full force and effect and continue to be binding and enforceable to the fullest extent permitted by law. 

Entire Agreement

This Agreement, and the Privacy Policy, constitute the entire agreement between you and us with respect to your access to and use of the Website, and they supersede any and all prior or contemporaneous agreements and communications, whether oral or written, between you and us with respect to their subject matter.

Successors and Assigns

The terms and conditions of this Agreement will inure to the benefit of Meditations with Carol, LLC, its affiliates and each of its respective successors and assigns.  The terms and conditions of this Agreement will be binding on you and your heirs, executors, administrators, any permitted assigns, and your personal representatives.

No Waiver

No waiver, express or implied, by either party of any breach of or default under this Agreement will constitute a continuing waiver of such breach or default or be deemed to be a waiver of any preceding or subsequent breach or default. 

Rights Reserved

Any rights not expressly granted to you by this Agreement are hereby reserved to Meditations with Carol, LLC.