Last Updated: April 14th, 2019
The terms “us”, “we”, and “our” refer to Demseh Media LLC, the owner of this Site.
The terms “services” and “products” refer to anything we sell or give away.
The term “user” refers collectively to visitors who casually browse our Site, readers, subscribers, and members who have registered to use or buy our Site’s services and products.
All text, information, graphics, design, features, and data offered through our Site or services, whether produced by us or our Members, are collectively known as the “Content”. Any Content posted by Members is referred to as “Member Content”.
Acceptance Of Agreement
This Agreement is between you and Demseh Media LLC (herein “Evergreen Dimes”). By accessing our Site’s Content, you agree to be bound by this Agreement, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this Site or services.
You understand that we do not operate or control the products or services offered by third-party websites and companies. These websites and companies are responsible for all aspects of order processing, fulfillment, billing, and customer service. We are not a party to the transactions entered into between you and these third-party websites and companies. You agree that use of or purchase from such entities is AT YOUR OWN RISK AND WITHOUT WARRANTIES OF ANY KIND BY US. All rules, legal documents (including privacy policies), and operating procedures of third-party websites and companies will apply to you while on their websites.
You hereby acknowledge that nothing contained on our Site will constitute financial, investment, legal, and/or other professional advice. You hereby agree that you will not make any financial, investment, legal, and/or other decision based in whole or in part on anything contained in our Site or services.
Any legal controversy or claim arising from or relating to this Agreement and/or Evergreen Dimes’s Content, excluding legal action taken by Evergreen Dimes to collect or recover damages for – or obtain any injunction relating to – Site operations, intellectual property, and Evergreen Dimes’s Content, will be settled solely by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim will be arbitrated on an individual basis, and will not be consolidated in any arbitration with any claim or controversy of any other party.
Judgment on the arbitration award may be entered into any court having jurisdiction thereof. Evergreen Dimes or you may seek any interim or preliminary relief from a court of competent jurisdiction necessary to protect Evergreen Dimes’s or your rights or property pending the completion of arbitration. Each party will bear half the arbitration fees and costs.
Nothing contained on this Site should be understood as granting you a license to use any of the trademarks, service marks, or logos owned by Evergreen Dimes or by any third-party. Your use of the Site, Content, and services is solely for internal, personal, noncommercial purposes unless otherwise provided for in this Agreement. No printout or electronic version of any part of the Site, Content, or services, may be used by you in any litigation or arbitration matter whatsoever under any circumstances.
You agree to abide by all domestic and international laws regarding copyright ownership and use of intellectual property, and you shall be solely responsible for any violations of any relevant laws and for any infringements of third-party rights caused by any Member Content you provide or transmit. The burden of proving that any Member Content does not violate any laws or third-party rights rests solely with you.
Intellectual Property Laws
When accessing the Site, Content or our third-party services, affiliates and companies, you agree to obey the law and to respect the intellectual property rights of others. Your use of this Site’s Content does not constitute any right or license for you to to upload, download, display, perform, transmit, or otherwise distribute any information or Content in violation of any third-party’s copyrights, trademarks, or other intellectual property or proprietary rights. The copying, redistribution, use, or publication by you of any such Content is strictly prohibited.
EVERGREEN DIMES HEREBY DISCLAIMS ALL WARRANTIES. EVERGREEN DIMES IS MAKING THE SITE AVAILABLE “AS IS” WITHOUT WARRANTY OF ANY KIND. YOU ASSUME THE RISK OF ANY AND ALL DAMAGE OR LOSS FROM USE OF, OR INABILITY TO USE, THE SITE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, EVERGREEN DIMES EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SITE, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. EVERGREEN DIMES DOES NOT WARRANT THAT THE SITE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE. EVERGREEN DIMES, INCLUDING ALL OUR AFFILIATES, HAS NO LIABILITY WHATSOEVER FOR YOUR USE OF OUR SITE OR CONTENT. EVERGREEN DIMES CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM THE USE OF OUR SITE OR CONTENT, INCLUDING, BUT NOT LIMITED TO, RELATED SOFTWARE. OUR COMPANY DOES NOT REPRESENT OR WARRANT THAT OUR CONTENT, OR ANY SOFTWARE FOUND WITHIN ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THEREFORE, YOU SHOULD EXERCISE CAUTION IN THE USE AND DOWNLOADING OF ANY SUCH CONTENT OR SOFTWARE AND USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND REMOVE VIRUSES. ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES SOMEHOW ATTRIBUTED TO OUR SITE, CONTENT, AND RELATED SOFTWARE IS DISCLAIMED.
WITHOUT LIMITING THE FOREGOING, YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN CONTENT AND RELATED SOFTWARE FROM OR THROUGH OUR SITE OR CONTENT AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR YOUR USE THEREOF AND ANY DAMAGES TO YOUR MOBILE DEVICE OR COMPUTER SYSTEM, LOSS OF DATA, OR OTHER HARM OF ANY KIND THAT MAY RESULT. WE AND ALL OUR AFFILIATES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION AND LIMITATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN YOU AND EVERGREEN DIMES. OUR SITE, CONTENT, SERVICES AND PRODUCTS WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH OUR SITE OR CONTENT WILL CREATE ANY WARRANTY, REPRESENTATION, OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT.
EVERGREEN DIMES’S LIABILITY TO YOU IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW. IN NO EVENT WILL EVERGREEN DIMES BE LIABLE TO YOU OR ANY THIRD-PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE OR ANY OTHER MATERIALS OR SERVICES PROVIDED TO YOU BY EVERGREEN DIMES, EVEN IF EVERGREEN DIMES IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, EVERGREEN DIMES’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US FOR SITE AND/OR SERVICES ACCESSED DURING THE PREVIOUS MONTH OF YOUR MEMBERSHIP PRIOR TO THE EVENT GIVING RISE TO LIABILITY. BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, OR LIMITATIONS OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THESE LIMITATIONS MAY NOT APPLY TO YOU.
Evergreen Dimes has no control over, and no liability for any third-party websites or materials. Evergreen Dimes works with a number of partners and affiliates whose websites may be linked with the Site. Because neither Evergreen Dimes nor the Site has control over the content and performance of these partner and affiliate sites, Evergreen Dimes makes no guarantees about the accuracy, currency, or quality of the information provided by such sites, and Evergreen Dimes assumes no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful information that may reside on those sites. Similarly, from time to time in connection with your use of the Site, you may have access to information items (including, but not limited to, websites) that are owned by third-parties. You acknowledge and agree that Evergreen Dimes makes no guarantees about, and assumes no responsibility for, the accuracy, currency, or quality of this third-party content, and that, unless expressly provided otherwise, this Agreement shall govern your use of any and all third-party content.
You grant Evergreen Dimes a license to use the materials you post to the Site. By posting, downloading, displaying, performing, transmitting, or otherwise distributing information or other Member Content to the Site, you are granting Evergreen Dimes, its affiliates, officers, directors, employees, consultants, agents, and representatives a license to use Member Content in connection with the operation of the Internet business of Evergreen Dimes, its affiliates, officers, directors, employees, consultants, agents, and representatives, including without limitation, a right to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat Member Content. You will not be compensated for any Member Content unless otherwise stated. You agree that Evergreen Dimes may publish or otherwise disclose your name in connection with your Member Content. By posting Member Content on the Site, you warrant and represent that you own the rights to the Member Content or are otherwise authorized to post, distribute, display, perform, transmit, or otherwise distribute Member Content.
Evergreen Dimes imposes certain restrictions on your permissible use of the Site. You are prohibited from violating or attempting to violate any security features of the Site, including, without limitation, (a) accessing content or data not intended for you, or logging onto a server or account that you are not authorized to access; (b) attempting to probe, scan, or test the vulnerability of the Site, or any associated system or network, or to breach security or authentication measures without proper authorization; (c) interfering or attempting to interfere with service to any user, host, or network, including, without limitation, by means of submitting a virus to the Site, overloading, “flooding,” “spamming,” “mail bombing,” or “crashing;” (d) using the Site to send unsolicited e-mail, including, without limitation, promotions, or advertisements for products or services; (e) forging any TCP/IP packet header or any part of the header information in any e-mail or in any posting using the Site; or (f) attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by Evergreen Dimes in providing the Site. Any violation of system or network security may subject you to civil and/or criminal liability.
Linking To Our Site
You may link to the Site provided that (a) you do not remove or obscure any portion of the Site by framing or otherwise, (b) your website does not engage in illegal or pornographic activities, and (c) you cease providing links to the Site immediately upon our request.
Links To Other Websites
Our Site may from time to time contain links to third-party websites. Unless otherwise stated, inclusion of links for any website on our Site does not mean that we endorse, guarantee, warrant, or recommend the services, information, content, and/or data of such third-party websites. Evergreen Dimes has no control over the legal documents and privacy practices of third-party websites; you access any third-party websites at your own risk. We recommend that you review the privacy notice and terms of those websites to fully understand what information is collected and how it is used.
Membership Eligibility And Registration
When you complete the registration process, you will receive a password that will allow you to access our services. You agree to maintain the confidentiality of your password and are fully responsible for all liability and damages resulting from your failure to maintain that confidentiality as well as all activities that occur through the use of your password.
You agree to immediately notify us of any unauthorized use of your password or any other breach of security. You agree that our Site cannot and will not be liable for any loss or damage arising from your failure to comply with password security as discussed herein.
Members may post their content to our Site through our services. Members and Visitors understand that by using our Site or service, they may be exposed to content that is offensive, indecent, or objectionable. We have no control over Member Content and do not in any way guarantee its quality, accuracy, or integrity. Evergreen Dimes is not responsible for the monitoring or filtering of any Member Content. Should any Member Content be found illegal, Evergreen Dimes will submit all necessary information to relevant authorities.
If any Member Content is reported to Evergreen Dimes as being offensive or inappropriate, we may ask the Member to retract or otherwise modify the questionable content within 24 hours of being notified by Evergreen Dimes. If the Member fails to meet such a request, Evergreen Dimes has full authority to restrict the Member’s ability to post Member Content OR to immediately terminate the Member’s membership without further notice to the Member.
Without limiting the foregoing, we have sole discretion to remove any Member Content that violates this Agreement or that is otherwise objectionable in our sole discretion. Members are responsible for complying with all applicable federal and state laws for their content, including copyright and trademark laws. Members will respect copyright and trademark laws.
You warrant that you will not use our services to infringe on the intellectual property rights of others in any way. In accordance with the DMCA and other applicable law, we have adopted a policy of terminating Members whom we deem, in our sole discretion, to be infringers of others’ intellectual property rights.
As a Member, you agree not to use our services to do any of the following:
- Upload, post, or otherwise transmit any Member Content that:
- Violates any local, state, federal, or international laws
- Infringes on any patent, trademark, trade secret, copyright, or other proprietary rights of any party
- Harms, threatens, defames, promotes violence or illegal activities, or is otherwise vulgar, obscene, abusive, harassing, tortuous, libelous, invasive of another’s privacy, hateful, or racially, ethically, or otherwise objectionable
- Links directly or indirectly to any materials to which you do not have a right to link
- Contains any private information of any third party, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers, and credit card numbers
- 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, or to extract information from our Site or services
- Contains any unsolicited or unauthorized advertising, solicitations, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation
- In the sole judgment of Evergreen Dimes is objectionable or restricts or inhibits any other person from using or enjoying our Site or services, or which may expose Evergreen Dimes, our affiliates, or our users to any harm or liability of any type
- Use our Content to:
- Develop a competing website
- Create compilations or derivative works as defined under United States copyright laws
- Redistribute it in any manner, including, but not limited to, sale, license, lease, rental, subscription, or any other distribution mechanism
- Decompile, disassemble, or reverse engineer our Site, services, products, and any related software
- Use our Site or services in any manner that violates this Agreement or any local, state, federal, or international laws
We reserve the right to investigate complaints or reported violations of this Agreement and to take any action we deem appropriate, including, but not limited to, reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to your profile, email addresses, usage history, posted materials, IP addresses, and traffic information.
You represent and warrant that if you are purchasing something from us, (i) any payment information you supply is true and complete, (ii) charges incurred by you will be honored by your bank or credit card company, (iii) you will pay the charges incurred by you at the posted prices, including any applicable taxes, and (iv) if your initial payment method is dishonored, you will still pay the incurred charges, including any surcharge we may incur due to the dishonored payment.
Refund And Return Policy
To the extent that you purchase any products directly from us, we may refund your purchase price in accordance with the refund and return policy that governs each individual product.
You agree to indemnify Evergreen Dimes for certain of your acts and omissions. You agree to indemnify, defend, and hold harmless Evergreen Dimes, its affiliates, members, officers, directors, employees, consultants, agents, and representatives from any and all third-party claims, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) arising from your access to or use of the Site, your violation of this Agreement, or your infringement, or infringement by any other user of your account, of any intellectual property or other right of any person or entity. Evergreen Dimes will notify you promptly of any such claim, loss, liability, or demand, and will provide you with reasonable assistance, at your expense, in defending any such claim, loss, liability, damage, or cost.
Severability And Waiver
If, for whatever reason, a court of competent jurisdiction finds any term or condition in this Agreement to be unenforceable, all other terms and conditions will remain unaffected and in full force and effect. No waiver of any breach of any provision of this Agreement shall constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party.
Evergreen Dimes reserves the right to amend this Agreement. Should Evergreen Dimes seek to make such an amendment and we, in our sole discretion, consider the amendment to be material in nature, we shall:
- Clearly publish on the home page the fact an amendment is being made. You may contact us to discuss and contact information so you may discuss the proposed changes with us.
Should a court of competent jurisdiction rule this Amendment provision invalid, then this Amendment clause shall be terminated as part of this agreement with the agreement between us reverting to the previous set of terms applicable to the Site. All amendments to the Agreement shall be forward looking.