Effective as of September 1, 2010
Welcome to www.stellasingles.com, the website and online presence (the “Site”) of Stella Singles LLC (“Stella Singles”, “we”, or “us”).
a. “Affiliate” means any business entity with which Stella Singles has a business or contractual relationship, including, but not limited to, agents, partners, associates, and parent or subsidiary entities.
b. “Content” means any intellectual property, data, or communications Transmitted by Stella Singles, Users, or Third Parties via the Stella Singles Platform including, but not limited to, articles, audio, blog postings, comments, documents, editorial content, featured site profiles, files, images, listings, logos, messages, music, photos, postings, questions and answers, ratings, recommendations, reviews, sounds, site profiles, tags, text, trademarks, videos, or Member Data that is displayed as part of a Member profile.
c. "Premium Services" are those services provided by Stella Singles to Members for a fee.
d. “Stella Singles Community” means the collective Members, Users, and Visitors of the Site.
e. “Stella Singles Content” means content generated by Stella Singles.
f. "Stella Singles Technology" means the past, present and future intellectual property comprising the Stella Singles Platform, including, but not limited to, all software, code processes, algorithms, user interfaces, know-how, techniques, organization, designs, text, images, photographs, illustrations, audio or video material, artwork, graphic material, podcasts, advertising copy, databases, proprietary information, all copyrightable or otherwise legally protectable elements of the Stella Singles Platform and all other tangible or intangible materials related to, displayed, performed, or distributed on the Stella Singles Platform and the Stella Singles Platform itself, including, but not limited to, the selection, sequence, "look and feel", and arrangement of items on the Stella Singles Platform, and all Stella Singles Marks (as defined below), domain names, patents, and other intellectual property.
g. “Member” means a User that has registered with Stella Singles and created a Member Account.
h. “Member Account” means an account a Member creates by providing Member Data.
i. "Member Content" means Content that Members Transmit through the Site.
j. “Member Data” means personally identifiable information provided by or collected from a Member during registration as part of a Member Account that includes Your email address, location, name, date of birth, gender, username, and password
k. “Member Profile” means the collection of Member Data that You voluntarily submit in order to customize Your experience as part of the Stella Singles Community.
l. "Third Party Content" means Content that is made available on the Site by parties other than Stella Singles or Members.
m. “Transmit” means uploading, submitting, posting, distributing, downloading, disseminating, receiving, or otherwise making available Content.
n. “User” means an individual who makes use of or accesses the Site.
o. “Visitor” means a User that has not registered with the Stella Singles Community.
p. "Your Content" means Content that You Transmit to or through the Site.
Stella Singles is not intended for Children. If you are under 18 years of age, then please do not access and/or use the Site at any time or in any manner.
BY USING THE SITE, YOU REPRESENT THAT YOU ARE AT LEAST 18 YEARS OF AGE, HAVE THE LEGAL CAPACITY TO ENTER INTO THE AGREEMENT SET OUT IN THE TERMS, AND HAVE NOT BEEN PREVIOUSLY SUSPENDED OR REMOVED FROM THE SITE.
In order to gain access to and/or use most of the features of the Site, You must register and become a Member of the Stella Singles Community by creating a Member Account. In order to create a Member Account, You will be required to provide personally identifiable information, consisting of Your email address, location, name, date of birth, and gender and asked to choose a username and password. You may select any username that you like, except that your username may not be an impersonation of another person, a term that is the same or confusingly similar to a famous trademark or person, or a term that is deemed offensive at the discretion of Stella Singles or the Stella Singles Community. Furthermore, Your username may not include your last name. You may, but are not obligated to, use Your own first name. If You do use Your own first name, You consent to it being passed to other Members of the Stella Singles Community. Stella Singles reserves the right to reject or remove any Member name at the discretion of Stella Singles. In creating a Member Account, you assert that the information you provide is current, true, complete, and accurate. You may not impersonate someone else (e.g., adopt the identity of someone else), create an account for anyone other than yourself, provide an email address other than your own, or create multiple Member Accounts. Stella Singles reserves the right to deny You access to the Site at any time without notice for any reason. You may cancel Your Member Account at any time by simply sending us an Email requesting such action. You understand that such a request may not take place immediately and that Stella Singles will have a reasonable time within which to comply to such a request.
You are solely responsible for Your Member Profile. You understand that submission of any Member Data as part of Your Member Profile is voluntary. You understand that Your Member Profile is visible to other Members of the Stella Singles Community. You understand that You may not include in Your Member Profile any surname, street address, phone number, email address, or URL.
You are solely responsible for any and all use of Your Member Account. You are solely responsible for the confidentiality and security of Your Member Account password and log-in information. You agree to immediately notify Stella Singles by Email of any actual or suspected breach of security or unauthorized use of Your Member Account.
You agree that all notices from Stella Singles shall be sent to the email address that You have provided as part of Your Member Account and will be deemed immediately delivered even if such email address is not current or no longer valid. You agree to keep the email address on file with us as part of Your Member Account current.
4. Subscription Fees, Premium Features, and Other Charges
Stella Singles charges no subscription fee to access and/or basic use of the Site. You acknowledge that Stella Singles reserves the right to initiate a charge for the Site and to change its fee structure, with commercially reasonable notice to You, at any time, in our discretion. You do have to pay for access to and/or use of any Premium Features. These Premium Features require a small fee and that fee will be made clear on the Premium Feature itself.
If Stella Singles terminates Your Member Account because You have breached the Terms, You shall not be entitled to a refund of any unused portion of any fees. You are solely responsible for all data and/or connectivity charges that arise from the use of the Site via Your method of connection. For more information about data and/or connectivity plans for a carrier, contact the carrier directly.
5. Personal Non-Commercial Use Only
Content on the Site is available only for the personal non-commercial use of Users and all other use is prohibited, unless otherwise stipulated in a separate agreement between You and Stella Singles. You may not take any of the following actions or encourage others to take the following actions: 1) use the Site to increase traffic to Your website for commercial reasons, such as advertising or sales; 2) take any action that imposes an unreasonable or disproportionately large load on the Site’s infrastructure; 3) “scrape” the Site, or use any bot, spider, scraper, data miner, or automated agent to access and/or or use the Site or gain access to and/or use any Content on the Site; 4) take Content from the Site and reformat and display said Content, or mirror and/or frame any pages of the Site on any other website; or 5) attempt to decipher, decompile, disassemble, or reverse engineer any Stella Singles Technology. You may not copy, transfer, or use any Member Content for the purpose of selling, engaging in, marketing, or promoting any other product or Services. Illegal and/or unauthorized uses of the Site, including collecting Member names, email addresses, or other personally identifiable information of Members by electronic or other means, or the sending unsolicited e-mail, unauthorized framing of or linking to the Site, or any other use not expressly permitted in the Terms will be investigated, and legal action may be taken, including, without limitation, termination of Your Member Account, as well as civil, criminal, and injunctive redress. In addition to the above restrictions, You may not authorize, enable, or otherwise grant to any other person, organization, company, or business access to Your Member Account or other Member Content posted on or through the Site for the purpose of extracting such information.
7. Prohibited Actions
You shall not Transmit any Content via the Site, which, in the sole judgment of Stella Singles: (i) is in violation of any local, state, federal or non-U.S. law or regulation, (ii) is threatening, obscene, indecent, defamatory or that otherwise could adversely affect any individual, group or entity, or (iii) violates the rights of any person, including rights protected by copyright, trade secret, patent or other intellectual property or similar laws or regulations including, but not limited to, the installation or distribution of "pirated" or other software products that are not appropriately licensed for use by you. You shall be responsible for determining what laws or regulations are applicable to Your use of the Site. In addition, You may only use the Site in a manner that, in Stella Single’s sole judgment, is consistent with the purposes of the Site. If you are unsure of whether any contemplated use or action is permitted, please contact us by Email. By way of example, and not limitation, the following uses described below of the Site are expressly prohibited: (i) Transmittal of any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable. Pornography and pornographic related merchandising are prohibited, including providing links to pornographic Content elsewhere; (ii) impersonate any person or entity; (iii) the origin of any Content Transmitted through the Site or develop restricted or password-only access pages, or hidden pages or images (those not linked to from another accessible page); (iv) Transmit any Content that You do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements; (v) Transmit any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party; (vi) Transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas of the Site that are designated for such purpose; (vii) Transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (viii) disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other Users of the Site are able to type, or otherwise act in a manner that negatively affects other Users' ability to engage in real time exchanges; (ix) interfere with or disrupt the Site or servers or networks connected to the Site, or disobey any requirements, procedures, policies or regulations of networks connected to the Site; (x) intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law; (xi) “stalk" or otherwise harass another user; (xii) promote or provide instructional information about illegal activities, promote physical harm or injury against any group or individual, or promote any act of cruelty to animals. This may include, but is not limited to, providing instructions on how to assemble bombs, grenades and other weapons, and creating "Crush" Sites; and/or (xiii) effecting security breaches or disruptions of Internet communication. Security breaches include, but are not limited to, accessing data of which You are not an intended recipient or logging into a server or account that You are not expressly authorized to access.
8. Change of Terms
Stella Singles, a partner, affiliate, or agent may modify, alter, or otherwise update the Terms at any time. Such modifications shall be effective immediately upon posting. You are responsible for regularly reviewing the Terms. Your continued access to and/or use of the Site constitutes Your agreement to all such modifications.
9. Stella Singles Content
Unless otherwise noted, all Content on the Site that is not Member Content or Third Party Content is Stella Singles Content and is owned, controlled, or licensed by Stella Singles and is protected by copyright, trademarks, service marks, and/or other intellectual property rights. You agree that you shall acquire no rights in Stella Singles Content or in Stella Singles Technology. You may not copy, reproduce, frame, republish, download, upload, post, transmit, distribute, hyperlink, or exploit Stella Singles Content for commercial use in any way without the prior written consent of Stella Singles.
a. License to Access and/or Use
Stella Singles grants You a limited, personal, non-exclusive, non-transferable, freely revocable license to use and/or access Stella Singles Content and Stella Singles Technology that includes, but may not be limited to, logos, graphics, and images and the services provided by the Site for Your personal use as part of the Stella Singles Community. You acknowledge and agree that with exception to this limited license You have no right to modify, edit, copy, reproduce, create derivative works, or reverse engineer, alter, enhance, or in any way exploit any of the Materials or any other Stella Singles Content or Stella Singles Technology in any manner. This limited license terminates automatically, without notice to You, if You breach any of the Terms.
b. License Grant to Transmit
Stella Singles hereby grants to You a limited, personal, non-exclusive, non-transferable, freely revocable license to access and/or use Stella Singles Technology to Transmit Your Content to other Members of the Stella Singles Community.
c. Reservation of Rights.
Stella Singles reserves all rights not expressly granted in the Terms.
Amazon and the Amazon logo are trademarks of Amazon.com, Inc. or its affiliates.
d. Prevention of Unauthorized Use.
Stella Singles reserves the right to exercise whatever lawful means it deems necessary to prevent unauthorized use of the Site and Stella Singles Technology, including, but not limited to, technological barriers, IP mapping, and directly contacting Your Internet Service Provider (ISP) regarding such unauthorized use.
e. Liquidated Damages.
You agree to liquidated damages in the amount of $100,000 in addition to costs and actual damages for breach of this Section of the Terms. You warrant that You understand that accepting this provision is a condition of access to and/or use of the Site and that access and/or use constitutes acceptance.
10. Member Content
Members may supply Member Content for the Site that can be accessed and/or used by other Members of the Stella Singles Community.
a. Retention of Ownership
Stella Singles does not claim any ownership rights in Your Content. After You Transmit Your Content to the Site, You continue to retain ownership of Your Content, and You continue to have the right to use and license Your Content in any way You choose. Any of Your Content transmitted via Stella Singles Technology needs to comply with the Terms. At any point, you can remove Your Content and cancel Your Member Account and Stella Singles does not retain any license rights except as provided in the Terms.
b. License Grant to Stella Singles
By Transmitting Your Content on the site or via Stella Singles Technology, you thereby grant Stella Singles the perpetual sub-licensable right and license to use, display, perform, distribute, modify, adapt, abridge, exploit, and promote Your Content in any way and in any commercial or non-commercial medium or form without charge.
As a Member you acknowledge that Stella Singles and its designees reserve the right, but shall have no obligation, to pre-screen, filter, remove, refuse to accept, post, display, or transmit any Content through or on the Site in whole or in part at any time for any reason or no reason with or without notice and with no liability of any kind.
If Content or a Member Account is removed from the Site, the Content and Member Data may also be deleted at the discretion of Stella Singles. We encourage You to be sure You are comfortable with this possibility before contributing Your Content to the Site. You should be aware that Stella Singles is not required and may not keep back-up copies of Your Content. Additionally, Stella Singles makes no guarantee that Your Content will be safely stored on the Site and You should independently back-up Your Content.
c. License Grant to Other Members
By Transmitting Your Content on the Site or via Stella Singles Technology, You thereby grant to each Member that is authorized to access Your Content a non-exclusive license to access and/or use Your Content under the Terms and Community Guidelines. Notwithstanding the foregoing, You hereby grant to each Member that is authorized to access Your Content at least a limited, non-exclusive, license to view, download (including, without limitation download to a portable device), print and have printed Your Content for personal use in the manner contemplated by the Terms.
d. User Content Representations and Warranties.
You are solely responsible for Your Content and all the consequences of Transmitting Content. By Transmitting Your Content, You affirm, represent, and warrant that (i) You are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize Stella Singles and Users to use Your Content as necessary to exercise the licenses granted by You in this section and in the manner contemplated by Stella Singles and the Terms; (ii) Your Content does not and will not slander, defame, or libel any other person; (iii) the use of Your Content as permitted herein does not and will not infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (iv) Your Content does not contain any viruses, adware, spyware, worms, or other malicious code; and (v) Your Content is free of any digital rights management, including any software designed to limit the number of times Your Content may be copied or played. Violators of the Terms may be subject to criminal and civil liability. Stella Singles reserves all rights and remedies against any Users who violate the Terms.
e. Member Content Disclaimer
You understand that when using the Stella Singles Platform You will be exposed to Member Content from a variety of sources, and that Stella Singles is not responsible for the accuracy, usefulness, or intellectual property rights of or relating to such Content. You further understand and acknowledge that You may be exposed to Member Content that is inaccurate, offensive, indecent, objectionable, or otherwise inappropriate, and You agree to waive, and hereby do waive, any legal or equitable rights or remedies You have or may have against Stella Singles with respect thereto. Stella Singles does not endorse any Member Content and cannot vouch for its accuracy or appropriateness or any opinion, recommendation, or advice expressed therein, and Stella Singles expressly disclaims any and all liability in connection with Member Content. If notified by a Member or a content owner of Member Content that allegedly does not conform to the Terms, Stella Singles may investigate the allegation and determine in its sole discretion whether to remove the Member Content, which it reserves the right to do at any time and without notice. For clarity, Stella Singles does not permit copyright infringing activities on the Site.
f. Removal of Member Content
Stella Singles may, but is under no obligation to, monitor Your conduct with respect to Your use of the Site for violations of the Terms. Stella Singles may remove any or all of Your Content posted on or through the Site and/or terminate Your access to and/or use of the Site if Stella Singles suspects a violation of the Terms. Stella Singles may also suspend or terminate Your Member Account at any time, if Stella Singles deems it necessary in order to protect the Site, Stella Singles, its parent, affiliates, directors, officers, agents, and employees from any form of harm.
11. Communication with Stella Singles
Stella Singles welcomes Your feedback. Stella Singles encourages communication between the Stella Singles Community and is open to suggestions made by Members. By submitting unsolicited suggestions, You agree that Stella Singles may, but shall have no obligation to, use, modify, distribute, copy, and otherwise exploit such suggestions in any manner, as Stella Singles sees fit, without restriction or limitation of any kind, and You grant to Stella Singles a paid-in-full, perpetual, irrevocable, royalty-free license to do so and to allow others to do so, and agree not to permit or prosecute any action or lawsuit on the ground that Stella Singles’s use or alleged use of a suggestion infringes any of Your rights.
12. Digital Millennium Copyright Act Policy
Stella Singles takes intellectual property rights very seriously and demands the same from its Members. Stella Singles will respond to allegations of copyright violations in accordance with the Digital Millennium Copyright Act (DMCA). The DMCA provides a process for a copyright owner to give notification to an online service provider concerning alleged copyright infringement. When a valid DMCA notification is received, the service provider responds under this process by taking down the offending Content. On taking down Content under the DMCA, we will take reasonable steps to contact the owner of the removed Content so that a counter-notification may be filed. On receiving a valid counter-notification, we generally restore the Content in question, unless we receive notice from the notification provider that a legal action has been filed seeking a court order to restrain the alleged infringer from engaging in the infringing activity.
a. Notice of Infringement
If You are a copyright owner and have a good faith belief that any Content posted on or transferred through the Site infringes on Your copyrights, You may send Stella Singles’s designated Copyright Agent a written notification pursuant to the Digital Millennium Copyright Act (see 17 U.S.C. 512, “DMCA”). The notice of infringement must contain the information specified below in the following format:
(i) identify in sufficient detail the copyrighted work claimed to have been infringed; if multiple copyrighted works are covered by a single notice of infringement letter, provide a representative list of such works;
(ii) identify in sufficient detail the material that is claimed to be infringing and information reasonably sufficient to permit Stella Singles to locate the material on the Site (e.g., provide the Uniform Resource Locator, “URL,” of the material claimed to be infringing);
(iii) provide information reasonably sufficient to permit Stella Singles to contact You (e.g., a street address, telephone number, and email address if available);
(iv) provide a statement that You have a good faith belief that the use of the copyrighted material in the manner described in the notice letter is not authorized by the copyright owner, its agent, or the law;
(v) provide a statement, made under penalty of perjury, that the information provided in the notice letter is accurate, and that You are the copyright owner or are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; and
(vi) provide the physical or electronic signature of the copyright owner or someone authorized to act on the owner's behalf.
The notice of infringement letter must be submitted to Stella Singles’s Designated Copyright Agent by mail or email as set forth below:
Stella Singles LLC
Attn: Designated Copyright Agent
14525 SW Millikan Way, Ste 47023
Beaverton, OR 97005-2343
Be advised that failure to comply with all of the above requirements may invalidate Your Notice of Infringement under the DMCA.
Stella Singles’s response to a proper Notice of Infringement will be to remove or disable access to the Content claimed to be infringing and notify the alleged infringer of Your claim so he or she can submit a Counter Notice to Stella Singles.
b. Counter Notice
If Your Content was removed or access was blocked and You have a good faith belief that it is not infringing on any copyrighted material, You may send Stella Singles a written, Counter Notice pursuant to Section 512 of the DMCA. The Counter Notice must contain the information specified below in the following format:
(i) identify in sufficient detail the material that Stella Singles has removed or to which Stella Singles has disabled access and the location of the material (e.g., the URL) before it was removed/disabled;
(ii) provide Your name, address, telephone number, and email address;
(iii) a statement that You consent to the jurisdiction of the federal district court in which your address is located, and a statement that You will accept service of process from the person who provided notification of the alleged infringing activity;
(iv) provide a statement, made under penalty of perjury, that You have a good faith belief that the material was removed/disabled as a mistake or misidentification of the material; and
(v) provide Your physical or electronic signature.
The Counter Notice must be submitted to Stella Single’s Designated Copyright Agent by mail or E-mail as set forth below:
Stella Singles LLC
Attn: Designated Copyright Agent
14525 SW Millikan Way, Ste 47023
Beaverton, OR 97005-2343
Be advised that failure to comply with all of the above requirements may invalidate Your Counter Notice under the DMCA.
If the Copyright Agent receives Your valid Counter Notice, Stella Singles may restore Your removed Content or cease disabling it within 10-14 business days, unless Stella Singles receives notice from the alleged copyright owner (who filed the initial Notice of Infringement) that said party has filed a court action seeking to stop Your alleged infringement.
13. Interaction with Other Members
While Stella Singles reserves the right, but has no obligation, to monitor or moderate disputes between You and other Members, You are solely responsible for Your interactions with other Members. You understand that Stella Singles does not screen Members, the Member Data they provide, or the validity of Member Content. We make no representations or warranties as to Members’ use of the Site or Member Content Transmitted via the Site. You agree that You are solely responsible for Your Content and all the consequences of Transmitting Content to other Members. You understand that you are solely responsible for any interaction with any other Member of the Stella Singles Community and that Stella Singles is not liable for any damages that may arise from your online or offline interactions with other Members. This includes, but is not limited to, any and all actions resulting in tort contract, or by criminal action.
14. Links to Other Websites or Services
The Site may include links or references to other websites or services (“Linked Sites”). Linked Sites are provided for Your convenience and information only. Stella Singles does not control the availability and content of Linked Sites. Access and/or use of Linked Sites, including the information, materials, products, and services on or available through Linked Sites is solely at Your own risk. Any concerns regarding Linked Sites, or any information, resources, or services therein, should be directed to the operator of the particular Linked Site.
15. Changes to the Site
Stella Singles may discontinue or change any Site Content, service, function, or feature at any time with or without notice.
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, STELLA SINGLES, OUR SUPPLIERS, LICENSORS, AND AFFILIATES, DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS, OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. THE ENTIRE RISK ARISING OUT OF USE OF THE SITE REMAINS WITH YOU.
YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE IS SOLELY AT YOUR OWN RISK. THE SITE AND ALL CONTENT THEREON IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE”, “WITH ALL FAULTS” BASIS AND WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND EITHER EXPRESS OR IMPLIED.
STELLA SINGLES, OUR SUPPLIERS, LICENSORS, AND AFFILIATES DO NOT WARRANT THAT THE DATA, CONTENT, FUNCTIONS, OR ANY OTHER INFORMATION OFFERED ON OR THROUGH THE SITE OR ANY LINKED SITES WILL BE UNINTERRUPTED, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS AND DO NOT WARRANT THAT ANY OF THE FOREGOING WILL BE CORRECTED.
STELLA SINGLES, OUR SUPPLIERS, LICENSORS, AND AFFILIATES DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SITE OR ANY LINKED SITES IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.
CONTENT ON THE SITE IS FOR ENTERTAINMENT PURPOSES ONLY. NO CONTENT ON THE SITE SHOULD BE CONSTRUED AS MEDICAL ADVICE.
a. Wellness Section
The “Wellness Section” of the Site is designed to provide useful tips for singles to stay fit and generally healthy. Any such Content is not intended to take the place of the observation and guidance of a physician or other healthcare provider.
DO NOT CONSTRUE THIS INFORMATION AS MEDICAL ADVICE.
Medical advice can only be given by a licensed healthcare professional who has had a chance to personally observe you and understands your problem, issue or objective. The Wellness Content presented on the Site is about health issues and disease in general, not You as a specific individual, and is not referring to Your particular healthcare issue.
The U.S. Food and Drug Administration (FDA) has ruled that only a healthcare professional can diagnose a medical problem – and, from their prospective, that may include You, the person who actually has the problem. Unless otherwise stated, the FDA has not approved this information. Therefore, this information, and any products presented along with it, should be used only to inform Yourself about available choices in conjunction with consultation of a healthcare professional.
All material here must be considered ‘dated’ and we disclaim any responsibility if the material has been supplanted. Keep in mind that anyone who is setting out on any dietary, drug, exercise or other lifestyle change that is intended to prevent or treat a specific disease or condition should first consult with, request a green-light from, and be monitored by a qualified healthcare provider.
IN THE EVENT YOU CHOOSE NOT TO CONSULT WITH A HEALTHCARE PROFESSIONAL AND SELF-DIAGNOSE AND/OR SELF-TREAT YOURSELF, USING THIS INFORMATION OR THESE PRODUCTS, NEITHER THIS WEBSITE, ITS OWNERS, PROMOTERS, MANUFACTURERS, OR DISTRIBUTORS, CAN, NOR WILL, ASSUME ANY RESPONSIBILITIES FOR THE RESULTS.
Any Content on the Site regarding potential income, effort, or Your possibility of success in any business are estimates. Business and investment involves risks and results may vary. Your personal results will be based on Your individual ability, expertise, dedication, experience, talent, desire, amongst other factors. We make no guarantee, express or implied regarding Your level of success. As with any enterprise, You should always consult qualified professionals such as attorneys or accountants and perfrom due diligence.
c. Primary Agent of Stella Singles
All actions by Stella Belmar shall be made in her capacity as an agent of Stella Singles LLC. Any Content Transmitted via the Site by Stella Belmar shall be Transmitted in her capacity as an agent of Stella Singles LLC. As the primary agent of Stella Singles LLC, You agree that all disclaimers and protections in these Terms shall apply to Stella Belmar and Your interactions with her.
17. Limitation of Liability and Damages
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL STELLA SINGLES, OUR AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD-PARTY PARTNERS, LICENSORS, OR SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, RELIANCE, OR EXEMPLARY DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES ARISING FROM ANY UNSUCCESSFUL COURT ACTION OR LEGAL DISPUTE, LOST BUSINESS, LOST REVENUES OR LOSS OF ANTICIPATED PROFITS OR ANY OTHER PECUNIARY OR NON-PECUNIARY LOSS OR DAMAGE OF ANY NATURE WHATSOEVER) ARISING OUT OF OR RELATING TO THE TERMS OR THAT RESULT FROM YOUR USE OR YOUR INABILITY TO USE THE CONTENT ON THE SITE OR ANY LINKED SITES, OR ANY OTHER INTERACTIONS WITH STELLA SINGLES OR THE STELLA SINGLES COMMUNITY, EVEN IF STELLA SINGLES OR AN AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF YOU RESIDE IS SUCH A JURISDICTION, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. THE LIMITATIONS OR EXCLUSIONS OF WARRANTIES, REMEDIES OR LIABILITY CONTAINED IN THE TERMS APPLY TO YOU TO THE FULLEST EXTENT SUCH LIMITATIONS OR EXCLUSIONS ARE PERMITTED UNDER THE LAWS OF THE JURISDICTION WHERE YOU ARE LOCATED
USERS WHO ARE CALIFORNIA RESIDENTS AGREE TO WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR."
You agree to indemnify, defend, and hold Stella Singles, our affiliates, contractors, employees, agents, or third-party partners, licensors, or suppliers harmless from any liability, loss, claim, and expense, including reasonable attorney’s fees, related to Your violation or alleged violation of the Terms or access and/or use of the Site.
The failure of Stella Singles to exercise or enforce any right or provision of the Terms will not constitute a waiver of such right or provision. Such failure shall not affect our right to require subsequent performance at any time of the same provision. Any waiver of any provision of the Terms will be effective only if in writing and signed by duly authorized agent of Stella Singles.
20. Governing Law.
The Terms will be governed by and construed in accordance with the laws of the State of Texas, without giving effect to any principles of conflicts of law.
You agree that any action at law or in equity arising out of or relating to the Terms or Stella Singles will be filed only in the state or federal courts in and for Travis County, Texas, and You hereby consent and submit to the personal and exclusive jurisdiction of such courts for the purposes of litigating any such action and expressly submit to extraterritorial service of process.
Any controversy, claim, or dispute arising out of or relating to the Terms or the access and/or use of the Site, shall be settled by binding arbitration in Austin, Travis County, Texas. Such arbitration shall be conducted in accordance with the then prevailing consumer arbitration rules of the American Arbitration Association (“AAA”), and judgment on the award rendered by the arbitrator(s) may be entered in the state or federal courts in and for Travis County, Texas. The parties agree to abide by all decisions and awards rendered in such proceedings. Such decisions and awards rendered by the arbitrator shall be final and conclusive and may be entered in any court having jurisdiction thereof as a basis of judgment and of the issuance of execution for its collection. All such controversies, claims or disputes shall be settled in this manner in lieu of any action at law or equity. The arbitrator shall not have the right to award punitive damages or speculative damages to either party and shall not have the power to amend this Agreement. The arbitrator shall be required to follow applicable law.
IF FOR ANY REASON THIS ARBITRATION CLAUSE BECOMES NOT APPLICABLE, THEN YOU, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, HEREBY IRREVOCABLY WAIVE ALL RIGHT TO TRIAL BY JURY AS TO ANY ISSUE RELATING HERETO IN ANY ACTION, PROCEEDING, OR COUNTERCLAIM ARISING OUT OF OR RELATING TO THIS AGREEMENT OR ANY OTHER MATTER INVOLVING THE PARTIES HERETO.
23. Non-U.S. Users
Stella Singles makes no representation that Content on the Site is appropriate or available for use in locations outside the United States. If You choose to access and/or use the Site from a location outside the U.S., You do so on Your own initiative and You are responsible for compliance with local laws.
If any provision of the Terms is held to be unlawful, void, or for any reason unenforceable, then that provision will be limited or eliminated from the Terms to the minimum extent necessary and will not affect the validity and enforceability of any remaining provisions.
Your rights and licenses under the Terms may not be transferred or assigned by You, but may be assigned by Stella Singles without restriction. Any assignment attempted to be made in violation of the Terms shall be void.
The heading references herein are for convenience purposes only, do not constitute a part of the Terms, and will not be deemed to limit or affect any of the provisions hereof.
Without limiting any other provision of the Terms, the Terms create no agency, partnership, joint venture, or employee-employer relationship between You and Stella Singles.
28. Entire Agreement.
The Terms are the entire agreement between You and Stella Singles relating to the subject matter herein and will not be modified except in writing, signed by both parties, or by a change to the Terms made by Stella Singles as set forth in Section 8 of the Terms.
29. Contact Information
Stella Singles LLC
14525 SW Millikan Way, Ste 47023
Beaverton, OR 97005-2343
Copyright ©2010 by Stella Singles LLC. All rights reserved.