Terms of Use

 

This Terms of Use Agreement ("Agreement") sets forth the agreement between The Still Standing Group ("The Still Standing Group," "we," "us," "or," or other pronoun) and each user ("you" or "user") governing the use by you for this Site and all Sites, including Membership sites, social media pages owned and/or operated by The Still Standing Group (collectively, the "Site.") Please read this Agreement carefully before using the Site. By using this site, you agree to be bound by the terms and conditions contained in the Agreement. If you do not agree to the terms and conditions contained in this Agreement, you may not access or otherwise use this Site.

 

We may, in our sole discretion, modify this Agreement with or without notice to you. The "Last Updated" date at the top of this Agreement will indicate when the latest modifications were made. By continuing to access and use the Site after this Agreement has been modified, you are agreeing to such modifications. Therefore, you should review this Agreement prior to each use of the Site. In addition, when using particular services or features or making purchases on the Site, you shall be subject to any posted guidelines or policies applicable to such services, features or purchases that may be posted from time to time. All such guidelines or policies are hereby incorporated by reference into this Agreement.

 

NON-ENDORSEMENT OF OTHERS
Valerie Silveira does not endorse any organizations, products or services, other than those owned by the Valerie Silveira or that she has explicitly endorsed in this Membership or in communication related to this Membership or Sites. She does not offer medical advice or therapy. Opinions expressed on our pages by our members are their own. Further, Valerie Silveira or companies owned by Valerie assume no liability or responsibility for the claims made by our members.

 

NOT HEALTHCARE ADVICE

The products, information, services and other content provided on and through this Site, including information that may be provided on the Site by a healthcare or nutrition professionals and/or any products, information, services and other content provided on any Linked Site, as defined in this Agreement, are provided for informational purposes only to facilitate discussions with your physician or other healthcare professional (collectively, "Healthcare Professional") regarding treatment options.

The information provided on this Site and Linked Sites, including information relating to medical and health conditions, products and treatments, is often provided in summary or aggregate form. It is not intended as a substitute for advice from your Healthcare Professional, or any information contained on or in any product label or packaging.

 

You should not use the information or services on this Site for diagnosis or treatment of any health issue or for prescription of any medication or other treatment. You should always speak with your Healthcare Professional, and carefully read all information provided by the manufacturer of a product and on or in any product label or packaging, before using any medication or nutritional, herbal or homeopathic product, before starting any diet or exercise program or before adopting any treatment for a health problem. Each person is different, and the way you react to a particular product or treatment may be significantly different from the way other people react to such product or treatment.

 

The Still Standing Group is not responsible for any product or service sold on or through this Site or any claims of quality or performance made on or through this Site.

 

PROFESSIONAL ADVICE

The information contained in or made available through the Sites (including but not limited to information contained on message boards, in text files, or in chats) cannot replace or substitute for the services of trained professionals in any field, including, but not limited to medical or psychological. In particular, you should regularly consult a doctor in all matters relating to physical or mental health, particularly concerning any symptoms that may require diagnosis or medical attention. We and our affiliates make no representations or warranties concerning any treatment, action, or application of medication or preparation by any person following the information offered or provided within or through the Sites. Neither we nor our partners, or any of their affiliates, will be liable for any direct, indirect, consequential, special, exemplary or other damages that may result, including but not limited to economic loss, injury, illness or death. You alone are responsible and accountable for your decisions, actions and results in life, and by your use of the Sites, you agree not to attempt to hold us liable for any such decisions, actions or results, at any time, under any circumstance.

 

RESULTS
We don’t believe in quick fix programs – only in hard work, adding value, being transparent, and serving others with excellence and consistency. Our programs are intended to help empower you to improve your life, while making a difference in the world. Our programs require a lot of work and discipline just like any worthwhile endeavor or self-help program. We only want people serious and dedicated to the pursuit of real personal development. As stipulated by law, we cannot and do not make any guarantees about your ability to get results with our ideas, information, tools or strategies. We don’t know you and, frankly, your results in life are up to you. We just want to help by sharing great content, direction, strategies and real-life experiences. What we can guarantee is your satisfaction. If you are not happy for any reason with the quality of the Membership, just let us know and we will discontinue your billing immediately. You should know that all products and services created by Valerie and our company are for educational and informational purposes only. Nothing in this membership, any of our websites, or any of our content or curriculum is a promise or guarantee of results, and we do not offer any legal, medical, psychological or other professional advice. Making decisions based on any information presented in our products, events, services, or web site, should be done only with the knowledge that everybody’s life experiences are different. Use caution and always consult a professional before acting on this or any information related to a lifestyle change. You alone are responsible and accountable for your decisions, actions and results in life, and by your registration here you agree not to attempt to hold us liable for your decisions, actions or results, at any time, under any circumstance.

 

COPYRIGHT & TRADEMARKS

You acknowledge that all materials on the Site, including the Site's design, graphics, text, sounds, pictures, software and other files and the selection and arrangement thereof (collectively, "Materials"), are the property of The Still Standing Group or its licensors, and are subject to and protected by United States and international copyright and other intellectual property laws and rights. All rights to Materials not expressly granted in this Agreement are reserved to their respective copyright owners. Except as expressly authorized by this Agreement or on the Site, you may not copy, reproduce, distribute, republish, download, perform, display, post, transmit, exploit, create derivative works or otherwise use any of the Materials in any form or by any means, without the prior written authorization of The Still Standing Group or the respective copyright owner. The Still Standing Group authorizes you to view and download the Materials only for personal, non-commercial use, provided that you keep intact all copyright and other proprietary notices contained in the original Materials. You may not modify or adapt the Materials in any way or otherwise use them for any public or commercial purposes. The trademarks, service marks, trade names, trade dress and logos (collectively, "Marks") contained or described on this Site are the sole property of The Still Standing Group and/or its licensors and may not be copied, imitated or otherwise used, in whole or in part, without the prior written authorization of The Still Standing Group and/or licensors. In addition, all page headers, custom graphics, button icons and scripts are Marks of The Still Standing Group and may not be copied, imitated or otherwise used, in whole or in part, without the prior written authorization of The Still Standing Group. The Still Standing Group will enforce its intellectual property rights to the fullest extent of the law.

 

PRIVACY

Use of this Site is subject to the terms of our Privacy Policy.

 

LINKS & THIRD PARTY WEBSITES

Links on the Site to third party websites are provided only as a convenience to you. If you use these links, you will leave the Site. The Still Standing Group does not control or endorse any such third party websites. You agree that The Still Standing Group and its Affiliated Parties will not be responsible or liable for any content, goods or services provided on or through these outside websites or for your use or inability to use such websites. You will use these links at your own risk. You are advised that other websites on the Internet, including third party websites linked from this Site, might contain material or information that some people may find offensive or inappropriate; or that is inaccurate, untrue, misleading or deceptive; or that is defamatory, libelous, infringing of others' rights or otherwise unlawful. The Still Standing Group expressly disclaims any responsibility for the content, legality, decency or accuracy of any information, and for any products and services, that appear on any third party website.

 

Without limiting the foregoing, your correspondence or business dealings with, participation in promotions of or purchases from, advertisers found on or through the use of the Site, including payment for and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that The Still Standing Group and its Affiliated Parties shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Site.

 

PURCHASE & RETURN POLICY

If you make a purchase on the Site, your purchase will be subject to the terms of our Purchase Policy, which is hereby incorporated into and made part of this Agreement. Please review our Purchase Policy before making any such purchase. By submitting payment information in connection with any such purchase, you agree to be bound by the terms of our Purchase Policy.

 

If something isn’t right with your valeriesilveira.com purchase, please contact our customer service support at support@valeriesilveira.com for assistance and we’ll do our best to fix it!

You can exchange any non-final sale items, based on the terms below:

 

Returns and Exchange Criteria - for U.S. Orders ONLY! All Sales are FINAL for orders shipped to addresses outside of the U.S.

 

U.S. Order refund details:


Your refund will be credited back to the original method of payment used to make the purchase if it follows all of our returns criteria.

 

Returns are accepted only through the mail.

  • We accept all returns of clothing within (14) days of the purchase date. Items must be returned unwornunwashed or defective with all original tags attached.
  • We accept all returns of books within (14) days of the purchase date, except books purchased on a special deal where the book was signed - no refunds on signed books.
  • We accept refunds for event tickets within (3) days of the purchase date, unless the Event has occurred, in which case there is no refund.
  • We will refund Coaching / Memberships based on the policy for that product. No refunds if Member has used a trial period.
  • Returns and Exchanges must be accompanied by a Return Form provided by support via email at support@valeriesilveira.com
  • When requesting a Return Form, please provide your name, item purchased and date of purchase.

If you received a defective or wrong item:

  • If you receive a damaged item, please contact customer service immediately at support@valeriesilveira.com so we can get you a prepaid return label for your convenience.
  • Once the exchangeable, incorrect, or damaged item is received, you will receive an email detailing the availability of the item(s) and its shipping status.

If you would like to return an item within the return policy timeframe listed above:

  1. Use the form provided by support and fill out completely.
  2. Mail all online returns with your Return Form to:

The Still Standing Group
Returns
PO Box 7379
La Quinta, CA 92253

 

PLEASE DO NOT RETURN ANYTHING WITHOUT FIRST CONTACTING SUPPORT FOR APPROVAL.

  1. Simply drop off your returns package at your local post office.

Terms and Conditions for Merchandise 

  • support@valeriesilveira.comReturns and Exchanges will be processed within 7-14 business days after we receive your package.
  • Returns & Exchanges that do not meet our Return Criteria are subject a partial refund, for a 20%-50% restocking fees.
  • If your item is non-refundable, we will contact you with the reason (ex: a used item).
  • We inspect all Returns & Exchanges and reserve the right to deny or refuse a full refund based on the returned condition.

CONFIDENTIALITY & NON-COMPETE

You acknowledge that all materials on the Site, including the Site's design, graphics, text, sounds, pictures, software and other files and the selection and arrangement thereof (collectively, "Materials"), are the property of The Still Standing Group or its licensors, and are subject to and protected by United States and international copyright and other intellectual property laws and rights. All rights to Materials not expressly granted in this Agreement are reserved to their respective copyright owners. Except as expressly authorized by this Agreement or on the Site, you may not copy, reproduce, distribute, republish, download, perform, display, post, transmit, exploit, create derivative works or otherwise use any of the Materials in any form or by any means, without the prior written authorization of The Still Standing Group or the respective copyright owner. The Still Standing Group authorizes you to view and download the Materials only for personal, non-commercial use, provided that you keep intact all copyright and other proprietary notices contained in the original Materials. You may not modify or adapt the Materials in any way or otherwise use them for any public or commercial purposes. The trademarks, service marks, trade names, trade dress and logos (collectively, "Marks") contained or described on this Site are the sole property of The Still Standing Group and/or its licensors and may not be copied, imitated or otherwise used, in whole or in part, without the prior written authorization of The Still Standing Group and/or licensors. In addition, all page headers, custom graphics, button icons and scripts are Marks of The Still Standing Group and may not be copied, imitated or otherwise used, in whole or in part, without the prior written authorization of The Still Standing Group. The Still Standing Group will enforce its intellectual property rights to the fullest extent of the law.

 
LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THE SITE AND THE MATERIALS CONTAINED HEREIN ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THIS AGREEMENT, THE STILL STANDING GROUP AND OTHER AFFILIATED COMPANIES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND OTHER REPRESENTATIVES (COLLECTIVELY, "THE STILL STANDING GROUP AND ITS AFFILIATED PARTIES") EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

 

EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THIS AGREEMENT, THE STILL STANDING GROUP AND ITS AFFILIATED PARTIES MAKE NO WARRANTY THAT (I) THE SITE WILL MEET YOUR REQUIREMENTS, (II) THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE WILL BE ACCURATE OR RELIABLE, (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SITE WILL BE CORRECTED. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE STILL STANDING GROUP AND ITS AFFILIATED PARTIES OR ON OR THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.

ALL PRODUCTS AND SERVICES PURCHASED ON OR THROUGH THE SITE ARE SUBJECT ONLY TO ANY APPLICABLE WARRANTIES OF THEIR RESPECTIVE MANUFACTURERS, DISTRIBUTORS AND/OR SUPPLIERS, IF ANY. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, THE STILL STANDING GROUP AND ITS AFFILIATED PARTIES DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, ANY IMPLIED WARRANTIES, WITH RESPECT TO THE PRODUCTS AND SERVICES LISTED OR PURCHASED ON OR THROUGH THE SITE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, EXPRESSLY DISCLAIM ALL LIABILITY FOR PRODUCT DEFECT OR FAILURE, CLAIMS THAT ARE DUE TO NORMAL WEAR, PRODUCT MISUSE, ABUSE, PRODUCT MODIFICATION, IMPROPER PRODUCT SELECTION AND NON-COMPLIANCE WITH ANY PRINTED DIRECTIONS.

 

THE STILL STANDING GROUP AND ITS AFFILIATED PARTIES SHALL NOT UNDER ANY CIRCUMSTANCES BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING OUT OF, IN CONNECTION WITH OR RELATING TO THE USE OF OR INABILITY TO USE THE SITE, INCLUDING ANY LIABILITY (I) AS A PUBLISHER OF INFORMATION, (II) AS A RESELLER OF ANY PRODUCTS OR SERVICES, (III) FOR ANY DEFECTIVE PRODUCTS, (IV) FOR ANY INCORRECT OR INACCURATE INFORMATION, (V) FOR ANY UNAUTHORIZED ACCESS TO OR DISCLOSURE OF YOUR TRANSMISSIONS OR DATA, (VI) FOR STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE, OR (VII) FOR ANY OTHER MATTER RELATING TO THIS SITE OR ANY THIRD PARTY WEBSITE. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LOSS OF GOOD WILL, LOSS OF USE, LOSS OF DATA, COST OF PROCURING SUBSTITUTE GOODS, SERVICES OR INFORMATION, LITIGATION OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF AN INDIVIDUAL ADVISES OF THE POSSIBILITY OF SUCH DAMAGES. THE LIMITATIONS OF LIABILITY SET FORTH HEREIN ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN THE STILL STANDING GROUP AND YOU. THE PRODUCTS, INFORMATION AND SERVICES OFFERED ON AND THROUGH THE SITE WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS.

 

UNDER NO CIRCUMSTANCES WILL WE BE HELD LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY LOSS OR DAMAGE THAT IS CAUSED OR ALLEGED TO HAVE BEEN CAUSED TO YOU IN CONNECTION WITH YOUR USE OF ANY GOODS OR SERVICES YOU RECEIVE FROM A GUEST SPEAKER ON OUR SITES OR AT ONE OF OUR EVENTS. WE ARE ALSO NOT RESPONSIBLE FOR ANY LOSS OR DAMAGE THAT IS CAUSED OR ALLEGED TO HAVE BEEN CAUSED TO OUR GUEST SPEAKERS IN CONNECTION WITH THE DISPLAY OF THEIR PHOTO, NAME, OR BIOGRAPHY POSTED ON OUR SITES, IN OUR MARKETING MATERIALS, OR AT OUR EVENTS.

 

NOTWITHSTANDING THE FOREGOING, THE SOLE AND ENTIRE MAXIMUM LIABILITY OF THE STILL STANDING GROUP AND AFFILIATED PARTIES FOR ANY REASON, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE OR CLAIM WHATSOEVER, SHALL BE LIMITED TO THE AMOUNT PAID BY YOU FOR ANY PRODUCT, INFORMATION OR SERVICE PURCHASED BY YOU FROM THE STILL STANDING GROUP ON THIS SITE.

 

SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. ACCORDINGLY, SOME OF THE ABOVE DISCLAIMERS AND LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, THE EXCLUSIONS AND LIABILITY ARE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.

 

INDEMNIFICATION

You agree to indemnify, defend and hold harmless Valerie Silveira, The Still Standing Group and its Affiliated Parties against all claims, demands, causes of action, losses, expenses, damages and costs, including any reasonable attorneys' fees, resulting or arising from or relating to your use of or conduct on the Site, any activity related to your account by you or any other person, any material that you submit to, post on or transmit through the Site, your breach of this Agreement, your infringement or violation of any rights of another, or termination of your access to the Site.

 

SITE USAGE & TERMINATION OF USAGE

You are required to establish an account on this Site in order to take advantage of certain features of this Site, such as making a purchase. If you provide information on this Site, you agree to (a) provide true, accurate, current and complete information about yourself as prompted by the Site, and (b) as permitted, maintain and promptly update such information to keep it true, accurate, current and complete. If you provide any information that is false, inaccurate, outdated or incomplete, or The Still Standing Group has reasonable grounds to suspect that such information is false, inaccurate, outdated or incomplete, The Still Standing Group has the right to suspend or terminate your account and prohibit any and all current or future use of the Site (or any portion thereof) by you.

 

You will create a username and password while completing the account registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify The Still Standing Group of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. You agree to be responsible for all charges resulting from the use of your account on the Site, including charges resulting from unauthorized use of your account prior to your taking steps to prevent such occurrence by changing your password and notifying The Still Standing Group. The Still Standing Group and its Affiliated Parties cannot and will not be liable for any loss or damage arising from your failure to comply with this section.

 

You agree to use this Site only for lawful purposes, and that you are responsible for your use of and communications on the Site. You agree not to post on or transmit through this Site any unlawful, infringing, threatening, harassing, defamatory, vulgar, obscene, profane, indecent, offensive, hateful or otherwise objectionable material of any kind, including any material that encourages criminal conduct or conduct that would give rise to civil liability, infringes others' intellectual property rights or otherwise violates any applicable local, state, national or international law. You agree not to use this Site in any manner that interferes with its normal operation or with any other user's use and enjoyment of the Site.

You further agree that you will not access this Site by any means except through the interface provided by The Still Standing Group for access to the Site. Creating or maintaining any link from another website to any page on this Site without the prior written authorization of The Still Standing Group is prohibited. Running or displaying this Site or any information or material displayed on this Site in frames or through similar means on another website without the prior written authorization of The Still Standing Group is prohibited. Any permitted links to this Site must comply with all applicable laws, rules, and regulations.

 

The Still Standing Group makes no representation that Materials contained on the Site or products described or offered on the Site are appropriate or available for use in jurisdictions outside the United States, or that this Agreement complies with the laws of any other country. Visitors who use the Site and reside outside the United States do so on their own initiative and are responsible for compliance with all laws, if and to the extent local laws are applicable. You agree that you will not access this Site from any territory where its contents are illegal, and that you, and not The Still Standing Group and its Affiliated Parties, are responsible for compliance with applicable local laws.

 

This Agreement is effective unless and until terminated by either you or The Still Standing Group. You may terminate this Agreement at any time, provided that you discontinue any further use of this Site. The Still Standing Group also may terminate or suspend this Agreement, at any time, without notice, and accordingly deny you access to the Site, if in The Still Standing Group's sole discretion you fail to comply with any term or provision of this Agreement or your use is harmful to the interests of another user or The Still Standing Group and its Affiliated Parties. Upon any termination of the Agreement by either you or us, you must promptly destroy all materials downloaded or otherwise obtained from this Site, as well as all copies of such materials, whether made under the terms of use or otherwise.

 

The Still Standing Group reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Site (or any part thereof) with or without notice. Except as otherwise expressly stated in this Agreement, you agree that The Still Standing Group and its Affiliated Parties shall not be liable to you or to any third party for any modification, suspension or discontinuation of the Site.

 

You agree that The Still Standing Group may terminate or suspend your access to all or part of this Site, without notice, for any conduct that The Still Standing Group, in its sole discretion, believes is in violation of this Agreement or any applicable law or is harmful to the interests of another user or The Still Standing Group and its Affiliated Parties.

 

USER CONTENT AND CONDUCT

Where applicable at the Site, you are invited to post your own content ("User Content"). You understand that all User Content, whether you have publicly posted on a forum or privately transmitted to another Site user or to us, is your sole responsibility. Though the Site is designed to be a safe place to share such User Content, The Still Standing Group cannot guaranty that other users will not misuse the User Content that you share. If you have any User Content that you would like to keep confidential and/or do not want others to use, do not post it to the Site. Under no circumstances will The Still Standing Group be liable in any way for any User Content, including, but not limited to, any errors or omissions in any User Content, or for any loss or damage of any kind incurred as a result of the use of any User Content posted, emailed or otherwise transmitted via the Site. THE STILL STANDING GROUP IS NOT RESPONSIBLE FOR A USER'S MISUSE OR MISAPPROPRIATION OF ANY USER CONTENT YOU POST TO THE SITE.

 

By posting any User Content at the Site, you hereby grant The Still Standing Group a royalty-free, fully paid up, perpetual, irrevocable, non-exclusive and fully sublicensable right and license to use, reproduce, modify, adapt, publish, translate, combine with other works, create derivative works from, distribute, perform, edit and display such User Content (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed. You specifically waive any "moral rights" in and to the User Content. The foregoing grant includes, without limitation, any copyrights and other intellectual property rights in and to your User Content. You represent and warrant that: you own the User Content posted by you on or through the Site or otherwise have the right to grant the license set forth in this Section 10; and the posting of your User Content on or through the Site does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person. You agree to pay for all royalties, fees, and any other monies owing any person by reason of any User Content you posted to or through the Site.

 

You acknowledge and agree that The Still Standing Group may preserve User Content and may also disclose User Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: comply with legal process; enforce this Agreement; respond to claims that any User Content violates the rights of third-parties; or protect the rights, property, or personal safety of The Still Standing Group, its users and the public. You understand that the technical processing and transmission of the Site, including your User Content, may involve: transmissions over various networks; and changes to conform and adapt to technical requirements of connecting networks or devices.

 

You agree to each of the conditions in this Agreement and further agree that each of these conditions applies forever and broadly with regard to The Still Standing Group worldwide. Posting of User Content to or through the Site, including ideas or disclosures of opinions, is voluntary on your part. No confidential or contractual relationship is established by your posting of User Content or is to be implied by our review or subsequent use of your User Content. The Still Standing Group shall not be liable for any disclosure of any User Content, including opinion(s) or suggestion(s), you post to or through the Site. THE STILL STANDING GROUP SHALL BE ENTITLED TO UNRESTRICTED USE OF ANY USER CONTENT IT MAY RECEIVE FROM YOU AT OR THROUGH THE SITE, FOR ANY PURPOSE WHATSOEVER, COMMERCIAL OR OTHERWISE, WITHOUT COMPENSATION TO YOU AS PROVIDER OF THE USER CONTENT.

 

You agree that you will not use the Site to:

 

(a) upload, post, email or otherwise transmit any User Content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;

(b) harm minors in any way;

(c) impersonate any person or entity, including, but not limited to a representative of The Still Standing Group, or falsely state or otherwise misrepresent your affiliation with a person or entity;

(d) forge headers or otherwise manipulate identifiers in order to disguise the origin of any User Content transmitted through the Site;

(e) upload, post, email or otherwise transmit any User 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);

(f) upload, post, email or otherwise transmit any User Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;

(g) upload, post, email or otherwise 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 that are designated for such purpose;

(h) upload, post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, emulate, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;

(i) 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;

(j) 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;

(k) "stalk" or otherwise harass another; or

(l) collect or store personal data about other Site users.

You understand that by using the Site, you may be exposed to User Content created by others that is offensive, indecent or objectionable. The Still Standing Group does not endorse or have control over the User Content. User Content is not reviewed by The Still Standing Group prior to posting and does not reflect the opinions or policies of The Still Standing Group. The Still Standing Group makes no representations or warranties, express or implied as to the User Content or the accuracy and reliability of the User Content or any other material or information that you may access through the Site. The Still Standing Group assumes no responsibility for monitoring the Site for inappropriate submissions or conduct. If at any time The Still Standing Group chooses, in its sole discretion, to monitor the Site, The Still Standing Group nonetheless assumes no responsibility for the User Content, has no obligation to modify or remove any inappropriate User Content, and has no responsibility for the conduct of the Site users submitting any such User Content. Notwithstanding the foregoing, The Still Standing Group and its designees shall have the right to remove any User Content that violates this Agreement or is otherwise objectionable, in The Still Standing Group's sole discretion. You agree that you must evaluate, and bear all risks associated with, the use of any User Content, including any reliance on the accuracy, completeness, or usefulness of such User Content. In this regard, you acknowledge that you may not rely on any User Content.

You are solely responsible for your interactions with other Site users. The Still Standing Group reserves the right, but has no obligation, to monitor disputes between you and other Site users and to terminate your Site access if The Still Standing Group determines, in its sole discretion, that doing so is prudent.

 

FILTERING

Pursuant to 47 U.S.C. Section 230 (d) as amended, we hereby notify you that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protection is available at

http://www.staysafe.org

 

APPLICABLE LAW, JURISDICTION & DISPUTE RESOLUTION

This Agreement shall be governed by and construed in accordance with the laws of the State of California in the United States, without regard to its choice of law provisions. You agree to submit to personal jurisdiction in the State of California and further agree that any cause of action arising from or relating to the use of this Site or this Agreement shall be brought exclusively in the Federal or State Courts residing in Indio, California.

 

TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOU AND THE STILL STANDING GROUP HEREBY WAIVE THE RIGHT TO A TRIAL BY JURY IN ANY PROCEEDING OR LITIGATION BROUGHT AGAINST THE OTHER WITH RESPECT TO THIS AGREEMENT OR THE SITE. IN ADDITION, NEITHER YOU NOR THE STILL STANDING GROUP SHALL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER SITE USERS, OR LITIGATE ANY CLAIM AS A REPRESENTATIVE OR CLASS ACTION OR IN A PRIVATE ATTORNEY GENERAL CAPACITY.

 

SEVERABILITY & INTERPRETATION

If any provision of this Agreement shall be deemed unlawful, void, or for any reason unenforceable by a court of competent jurisdiction, the validity and enforceability of any remaining provisions shall not be affected. When used in this Agreement, the term "including" shall be deemed to be followed by the words "without limitation."

 

ENTIRE AGREEMENT

This Agreement constitutes the entire and only Agreement between The Still Standing Group and each user of this Site with respect to the subject matter of this Agreement and supersedes any and all prior or contemporaneous Agreements, representations, warranties and understandings, written or oral, with respect to the subject matter of this Agreement.

 

MISCELLANEOUS

The failure of The Still Standing Group and its Affiliated Parties to insist upon strict adherence to any term of this Agreement shall not constitute a waiver of such term and shall not be considered a waiver or limit that party's right thereafter to insist upon strict adherence to that term or any other term of this Agreement.

 

You agree that regardless of any statute or law to the contrary, any claim of cause of action arising from or relating to use of this Site or this Agreement must be filed within one (1) year after such claim or cause of action arose, or will be forever barred. The "Disclaimer; Limitation of Liability" provisions of this Agreement are for the benefit of The Still Standing Group and its Affiliated Parties as defined herein, and each of these individuals or entities shall have the right to assert and enforce these provisions directly against you on its own behalf.

 

CONTACT

If you have any comments, questions, or complaints regarding this Agreement or this Site, or wish to report any violation of this Agreement, please email us at: support@valeriesilveira.com.