Terms + Conditions
1. GENERAL
Cassandra Boler (“CB” “us,” “we” or “our”) owns and operates cassandraboler.com (“website”). Please read these Terms and Conditions (“Terms”) carefully before using this website. All users of this site agree that access to and use of this site are subject to the following Terms and other applicable law. If you do not accept these Terms of Use or you do not meet or comply with their provisions, you may not use the Website.
2. CHANGES TO TERMS
CB may, at any time, for any reason and without notice, make changes to (i) this Website, including its look, feel, format, and content, as well as (ii) the products and/or services as described in this Website. Any modifications will take effect when posted to the Website. Therefore, each time you access the Website, you need to review the Terms of Use upon which access and use of this Website is conditioned. By your continuing use of the Website after changes are posted, you will be deemed to have accepted such changes.
3. JURISDICTION
The Website is controlled, operated and administered by CB from within the United States. CB makes no representation that materials or Content available through the Website are appropriate or available for use outside the United States and access to them from territories where their contents are illegal is prohibited. You may not use the Website or export the Content in violation of U.S. export laws and regulations. If you access the Website from a location outside the United States, you are responsible for compliance with all local laws.
4. USER EMAIL
E-mail submissions over the Internet may not be secure and are subject to the risk of interception by third parties. Please consider this fact before e-mailing any information. You agree not to submit or transmit any e-mails or materials through the Website that: (i) are defamatory, threatening, obscene or harassing, (ii) contain a virus, worm, Trojan horse or any other harmful component, (iii) incorporate copyrighted or other proprietary material of any third party without that party’s permission or (iv) otherwise violate any applicable laws. CB shall not be subject to any obligations of confidentiality regarding any information or materials that you submit online except as specified in these Terms, or as set forth in any additional terms and conditions relating to specific products or services, or as otherwise specifically agreed or required by law.
5. NO PROFESSIONAL ADVICE
The information available on the Website is intended to be a general information resource regarding the matters covered, and is not tailored to your specific circumstance. You should not construe this as legal, accounting or other professional advice. This Website is not intended for use by minors. YOU SHOULD EVALUATE ALL INFORMATION, OPINIONS AND ADVICE AVAILABLE ON THIS WEBSITE IN CONSULTATION WITH YOUR INSURANCE SPECIALIST, OR WITH YOUR LEGAL, TAX, FINANCIAL OR OTHER ADVISOR, AS APPROPRIATE.
6. CONTENT; COPYRIGHTS
All Content is protected by copyright (registered and unregistered), and owned or controlled by CB or the party credited as the provider of the Content. You shall abide by all additional copyright notices, information, or restrictions contained in any Content accessed through the Website. Information on this website may be copied for personal non-commercial use only. No part of this website may be reproduced, stored, or transmitted in any form or by any means, electronic, mechanical, photocopying, recording, scanning, or otherwise, except as permitted under Section 107 or 108 of the 1976 United States Copyright Act, without the prior written permission of the author. Requests to the author and publisher for permission should be made here. We reserve all rights and nothing in these Terms grants you a right or license to use any information provided on this website. In exchange for the access provided to the Content, you agree that you will not remove, obstruct, modify or otherwise interfere with the delivery or display of advertisements on the Website.
COPYRIGHT COMPLAINTS:
Cassandra Boler respects the intellectual property rights of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide us with the following information:
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyrighted work;
- an identification of the copyrighted work and the location on the Website of the allegedly infringing work;
- a written statement that you have a good faith belief that the disputed use is not authorized by the owner, its agent, or the law;
- your name and contact information, including telephone number and e-mail address; and
- a statement by you that the above information in your notice is accurate and, under penalty of perjury, that you are the copyright owner or authorized to act on the copyright owner’s behalf.
- The Website’s Copyright Agent can be reached at: Cassandra Boler hello{AT}cassandraboler{DOT}com
7. User Submissions And Communications; Public Areas:
You acknowledge that you own, solely responsible or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate these Terms of Use and will not cause injury to any person or entity; and that you will indemnify CB or its affiliates for all claims resulting from content you supply.
By submitting Content to the Website, you hereby grant to CB, its affiliates and related entities the royalty-free, unrestricted, worldwide, perpetual, irrevocable, non-exclusive and fully transferable, assignable and sub-licensable right and license to use, copy, exploit, modify, archive, store, reproduce, adapt, publish, translate, create derivative works from, distribute, perform and display all such Content in any form, media, software or technology of any kind now existing or developed in the future. You further grant CB the right to use your name and any other information about you that you provide in connection with the reproduction or distribution of such Content. All rights in this paragraph are granted without the need for additional compensation of any sort to you. such Content (in whole or part) and / or to incorporate them in other works in any form, media, or technology now known or later developed.
You understand and agree that others may use your Content and therefore license all of our present and future Website visitors and hereby grant to such Website visitors an irrevocable, non-exclusive license to use such Content, but only for their personal use. The limitations of such license are set forth in the paragraph below.
The Content posted by others on this Website is intended solely for your personal use. Accordingly, you may not use such Content in any form for any commercial purpose whatsoever or reproduce such Content. Furthermore, you acknowledge and agree that you are not entitled to reproduce, transmit, publicly perform, distribute, adapt, translate, modify, bundle, merge, share or make available to any person, or create derivative works of such material, or use it for commercial purposes. All other rights are reserved.
To protect your safety, please use your best judgment when posting publicly. CB discourages posting personal phone numbers and addresses or other information that can be used to identify or locate you. CB shall not be liable for the use or misuse of any information or data, including personal information that is included in your posted Content. We are not responsible for maintaining your posted Content and we may delete it at any time in our sole discretion with no liability or obligation to you of any sort.
CB reserves the right, but not the obligation, to monitor all postings and to remove or alter any Content which, in our sole and absolute discretion, constitutes a misuse thereof these and may restrict, suspend or terminate your use of the Services or our Website where we believe that there has been such a misuse. Below are guidelines to posting content on our website. A violation of certain of these posting rules may be referred to law enforcement authorities.
When using this Website, please do not post material that:
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- contains vulgar, profane, abusive or hateful language, epithets or slurs, text or illustrations in poor taste, inflammatory attacks of a personal, racial or religious nature, or expressions of bigotry, racism, discrimination or hate; or
- is defamatory, threatening, disparaging, grossly inflammatory, false, misleading, deceptive, fraudulent, inaccurate, unfair, contains gross exaggeration or unsubstantiated claims, violates the privacy rights of any third party, is unreasonably harmful or offensive to any individual or community, contains any actionable statement, or tends to mislead or reflect unfairly on any other person, business or entity; or
- violates any right of CB or any third party; or
- discriminates on the grounds of race, religion, national origin, gender, age, marital status, sexual orientation or disability, or refers to such matters in any manner prohibited by law; or
- violates any municipal, state or federal law, rule, regulation or ordinance, or attempts to encourage such an evasion or violation; or
- unfairly interferes with any third party’s uninterrupted use and enjoyment of the Site; or
- advertises, promotes or offers to trade any goods or services, except in areas specifically designated for such purpose; or
- uploads copyrighted or other proprietary material of any kind on the Site without the express permission of the owner of that material; or
- includes images, photos, articles or other content that constitutes, promotes or encourages illegal acts, violation of any right of any individual or entity, violation of any local, state, national or international law, rule, guideline or regulation, or otherwise creates liability; or
- uploads or transmits viruses or other harmful, disruptive or destructive files; or
- disrupts, interferes with, or otherwise harms or violates the security of the Site, or any Services, system resources, accounts, passwords, servers or networks connected to or accessible through the Website or affiliated or linked sites; or
- “flames” any individual or entity (e.g., sends repeated messages related to another user and/or makes derogatory or offensive comments about another individual), or repeats prior posting of the same message under multiple threads or subjects.
8. LINKS
For your convenience, CB provides links to various other Websites that may be of interest to you and for your convenience only. However, CB does not control or endorse such Websites and is not responsible for their content nor is it responsible for the accuracy or reliability of any information, data, opinions, advice, or statements contained within such Websites. Please read the terms and conditions or terms of use policies of any other company or website you may link to from our website. These Terms applies only to CB’S website and the products and services CB offers. If you decide to access any of the third-party sites linked to this Website, you do so at your own risk. CB reserves the right to terminate any link or linking program at any time. CB disclaims all warranties, express and implied, as to the accuracy, validity, and legality or otherwise of any materials or information contained on such sites.
If you operate a website and wish to link to the Website, you may link either to our home page https://www.cassandraboler.com/, or to any other page or sub-domain of the Website. You may not frame or utilize framing techniques that involve any trademark, logo, copyrighted material or other proprietary information (including images, text, page layout, or form) of any portion of the Website without our express written consent. You may not alter or modify in any way, the Website, including using any software to suppress or alter the display of advertising on the pages of the Website. In addition, you agree not to decompile, reverse engineer or disassemble any software or other products or processes accessible through the Website, not to insert any code or product or manipulate the content of the Website in any way that affects the user’s experience, and not to use any data mining, robots, cancelbots, Trojan horse, or any data gathering or extraction method in connection with your use of the Website.
9. USE AT YOUR OWN RISK
You expressly agree that use of the Website and the Services is at your own risk. Neither CB, nor any of their affiliates, employees, agents, content providers or licensors make any representations or warranties of any kind regarding the Website or the Services, the Content or the results that may be obtained from use of the Website.
None of CB, their affiliates, employees, agents, content providers and licensors shall be liable for any damages or losses, including direct, indirect, consequential, special, incidental or punitive damages, resulting from or caused by the Website or its content, including losses related to your use or inability to use the Services, any errors, omissions or defects in the content, or any interruptions, delays in transmission or computer viruses.
Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers and users, are those of the respective author(s) and not of CB. CB does not represent or endorse the accuracy or reliability of any advice, opinion, statement, or other information displayed, uploaded, or distributed on the Website by any user, information provider or any other person or entity. You acknowledge that any reliance upon any such opinion, advice, statement, memorandum, or information shall be at your sole risk.
10. INDEMNITY + LIMITATIONS OF LIABILITY
As a condition of use of the Website and the Services, you agree to indemnify, defend and hold harmless CB, and all officers, directors, owners, agents, information providers, affiliates, licensors and licensees from and against any and all claims, liability and costs, including attorneys’ reasonable fees, arising from or relating to any allegation regarding your use of the Website and/or Services, CB’s use or distribution of any content or information you provide, information or material posted or transmitted through your account, even if not posted by you, and any violation by you of these Terms of Use.
You shall cooperate as fully as reasonably required in the defense of any such claim. CB reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you. Under no circumstances, including negligence, shall CB, or its affiliates be liable for any direct, indirect, incidental, special or consequential damages that result from the use of, or the inability to use, the Content, unauthorized access to or alteration of your transmissions or data, the Content or any errors or omissions in the Content, even if advised of the possibility of such damages. You specifically acknowledge and agree that CB is not liable for any conduct of any user. If you are dissatisfied with any CB material, or with any of CB’s terms and conditions, please discontinue using the Website.
9. DISCLAIMER
ALL MATERIALS AND SERVICES IN THE WEBSITE AND THIRD-PARTY WEBSITES TO WHICH IT LINKS ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. THE CONTENT PUBLISHED ON THE WEBSITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY MADE TO THE INFORMATION HEREIN. CB AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE WEBSITE AT ANY TIME, INCLUDING CHANGES TO THESE TERMS OF USE.
CB AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS AND, TO THE FULLEST EXTENT ALLOWED BY LAW, DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE REGARDING THE SUITABILITY OF THE INFORMATION; THE ACCURACY, RELIABILITY, COMPLETENESS OR TIMELINESS OF THE CONTENT, SERVICES, PRODUCTS, TEXT, GRAPHICS, LINKS, OR OTHER ITEMS CONTAINED WITHIN THE WEBSITE, OR THE RESULTS OBTAINED FROM ACCESSING AND USING THE WEBSITE AND/OR THE CONTENT CONTAINED HEREIN.
CB DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE, INCLUDING THE SERVER THAT MAKES IT AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE USER ASSUMES THE ENTIRE COST OF ALL NECESSARY MAINTENANCE, REPAIR OR CORRECTION OF THE USER’S COMPUTER AND OTHER EQUIPMENT.
10. TERMINATION
CB may terminate or suspend your access to all or part of the Website or the Services offered for any reason, including breach or assignment of these Terms. Termination of this Agreement for any reason, will not affect survival of those provisions of these TERMS for which survival is equitable or appropriate.
11. ADDITIONAL TERMS
These Terms are accepted upon your use of the Website or any of the Services. These Terms constitute the entire agreement between you and CB regarding the use of the Website and the Services and shall be deemed to include all other notices, policies, disclaimers, and other terms contained in the Website; provided, however, that in the event of a conflict between such other terms and the Terms of this agreement, the Terms of this agreement shall control.
The failure of CB to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. If any provision is deemed to be unlawful or unenforceable, that shall not affect the validity and enforceability of the remaining provisions.
These Terms have been made in and shall be construed and enforced in accordance with New York law and operates to the fullest extent permissible by law. Any action to enforce these Terms shall be brought in the federal or state courts located in the Commonwealth of New York State.
Official correspondence must be sent via postal mail to: Cassandra Boler P.O. Box 48, New York, NY 10034
I HAVE READ AND UNDERSTAND THE FOREGOING AGREEMENT AND AGREE TO BE BOUND BY ALL OF ITS TERMS.
Service Contact: hello{at}cassandraboler{dot}com with questions or problems with the Website.
Any rights not expressly granted herein are reserved.
© 2020 Cassandra Boler