Terms of use
Last updated: March 2, 2023
1. Introduction
This Terms of Use Agreement (“Agreement”) is by and between Meddlers, LLC, an Arizona limited liability company (“we”, “us”, “our” or “Meddlers”) and you (“you”, “your” or “User”) and governs your use of www.meddlers.com, and/or any of our third party pages, accounts, or social media (collectively or individually, the “Site”), together with all information, content, products (whether free or purchased), materials and services we make available to you through the Site (which, together with the Site, shall be collectively and individually referred to as the “Services”). By accessing the Site and/or using any of the Services, you are agreeing to be bound by this Agreement, which includes our Privacy Policy. If you do not agree with any of these terms, you are prohibited from using or accessing the Site or any Service.
When we refer to the “use” of the Services in this Agreement, we mean any actual or attempted access or use of the Services, including, without limitation, any transmission, exchange of information or communication associated with the Services. In consideration for your use of the Site, you represent and warrant you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. You also agree to provide true, accurate, current and complete information when and if prompted by the relevant portions of the Site.
The terms of this Agreement should be construed to be in harmony with any subsequent written agreement for paid Services. To the extent the terms of this Agreement directly conflict with any subsequent written agreement, the terms of the subsequent written agreement shall govern.
3. Professional Disclaimer
Our Site does not contain any legal, medical, tax, financial, health, or any other professional advice. All of the information provided on or through our Site is for general informational and educational purposes ONLY. You should NOT take any information we provide as a substitute for professional advice. You should not rely on any information on our Site; before taking action concerning any information provided, you should consult with the appropriate professionals. Any information we provide should be considered personal opinions of those individuals making the statements as average and ordinary people, not professionals or experts.
Your use of and reliance on any information we provide is solely at your own risk.
3. No Guarantees
You acknowledge and agree that we do not make any guarantees about (1) the Services we offer, including any paid Services, or (2) the results of using or not using any of our Services. Regardless of whether a product or service is recommended, we absolutely do not make any guarantees as to the results. You understand and agree that what works for one person might not work for another person. Moreover, results are dependent on many different factors, and we cannot make any guarantees. Whether you will succeed or fail is ultimately dependent on your own efforts, your particular situation, and numerous other circumstances that are beyond our control. You agree, warrant, and represent that you will not hold us or any of our agents liable for not attaining any particular result from any Service. We make no claims or promises as to the efficacy, probability, or odds of you experiencing any positive results with any of our Services.
4. Mature Content
Our Services may occasionally discuss topics and/or include the use of language or images that some may find obscene or offensive. Users who may be uncomfortable with certain topics, language, and/or images should exercise caution before deciding to use our Services.
5. No Persons Under the Age of 18
Persons who are under 18 years old may not register with the Site, use any Services offered by or through the Site that require personal information as a condition of use, or provide any information to us.
6. Right To Terminate or Block Access
We reserve the right, in our sole and absolute discretion, to terminate, block or restrict your access to, or use of, the Site for any breach or suspected violation of any provision of this Agreement, for any reason, or no reason at all. We may terminate this Agreement, restrict, suspend or terminate your access to and use of the Services immediately and without notice or liability, with or without cause, and it will not limit any other rights or remedies which are available to us. You may terminate this Agreement by providing us with written notice of your termination and ceasing to use or access the Services. Termination is your sole right and exclusive remedy if you are not satisfied with the Services. Upon the effective date of any such termination, your right to access and use the Services shall immediately cease.
7. Availability, Errors and Inaccuracies
The information and content appearing on the Site may include technical, typographical, or photographic errors. We do not warrant that any of the content on the Site is accurate, complete, or current. We may make changes to the content contained on the Site at any time without notice. We do not, however, make any commitment to update any content or information.
8. Terms of Use Modifications
We reserve the right to modify the terms of this Agreement or any other terms and conditions on the Site at any time, without notice, and it is your responsibility to periodically review the Site, along with this Agreement, for revisions. Revisions to terms and conditions on the Site and/or this Site become effective immediately upon posting (the “Effective Date”). By using the Site, you are agreeing to be bound by the most current version of these terms.
9. Accounts
If and when you register with the Site, purchase any Services through the Site, or otherwise provide us with any personal information, you represent and warrant that you are at least 18 years of age, and that the information you provide us is accurate, complete, and current. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Service.
You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password pertains to our Services or a service offered by a third-party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar or obscene.
We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel any request for Services/orders in our sole discretion.
10. Intellectual Property
All content on and/or available through the Site or any of our Services (“Meddlers IP”) is and shall remain the exclusive property of Meddlers and/or its licensors. The applicable Services and all applicable Meddlers IP is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Meddlers. You have no rights in or to any Meddlers IP and you agree, as a matter of contract, and regardless of any potentially permitted “fair use” or other legal doctrines, you will not copy, sell, license, retransmit, reproduce, publish, create derivative works based upon, or otherwise transmit, any Meddlers IP, except as specifically permitted under this Agreement or other written agreements between Meddlers and you. To the extent any Meddlers IP is not protected by copyright or trademark law, you represent and warrant that all legal and equitable protections shall apply as a matter of contract, and that Meddlers shall be entitled to all such rights and remedies, including specific performance and/or injunctive relief. You warrant and represent that under no circumstances will you use any Meddlers IP for a commercial purpose.
11. Links To Other Websites
Our Site likely contains links to third-party websites or services that are not affiliated, owned, or controlled by Meddlers. Meddlers has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third-party websites or services. We do not warrant the offerings of any of these entities/individuals or their websites. We do not check, control, validate, monitor, or investigate such links for accuracy, adequacy, validity, reliability, availability, or completeness. We do not endorse any information or product offered by third-party websites unless expressly stated otherwise. If you choose to click on links to an external website belonging to a third party, then you and only you are responsible and liable for your actions should you suffer or incur any harm or loss.
You acknowledge and agree that Meddlers shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third-party websites. We strongly advise you to read the terms and conditions and privacy policies of any third-party websites that you visit.
12. User Restrictions
You acknowledge, agree, warrant and represent as follows:
A. You will use the Site in a manner consistent with any and all applicable laws and regulations.
B. You will not use any Service to violate any applicable law, violate the legal rights of any person or entity, engage in defamation or harassment, or make any racial or discriminatory statements (whether pertaining to religion, gender, race, sexual orientation, nationality, or political beliefs).
C. You will not insert or cause to be inserted any HTML, JavaScript, PERL, or any other form of computer code into any user account data field on the Site or into any webpage on the Site.
D. You will not upload, or cause to be uploaded, on the Site viruses or other similar malicious code.
E. You will abide by the CAN-SPAM Act (15 U.S.C. §§ 7701-13) when utilizing any Service and contacting other users by email. You may not use the Site to bombard individuals or groups with uninvited commercial email, sexually explicit commercial email or engage in other activities in violation of the CAN-SPAM Act, such as, but not limited to: (a) harvesting email addresses from the Site, (b) falsifying or using misleading header information, or (c) using deceptive subject lines. You may not promote your or others’ products or services through uninvited commercial emails or any other means without our express written consent.
F. You will not engage in any conduct, or assist a third party who engages in conduct, that could disable, overburden, or impair the proper working of the Site, such as a denial-of-service attack.
G. You will not use the Site or engage in any conduct or action related to the Site, unless the use, conduct or action is clearly permitted, either expressly by this Agreement or the intended use and purpose of the Site.
H. You will not access, monitor or copy any content or information using any manual or automated process including by robot, spider, scraper for any purpose without express written permission from Meddlers.
13. Social Media Groups and Online Communities
We may establish social media groups, chatrooms, blogs, internet message boards, or other online communities (collectively, “Groups” or individually, a “Group”) to be utilized in conjunction with a particular Service and/or to exist completely independent of any Service. You acknowledge and agree that we retain the sole and absolute discretion to (1) adopt or utilize any Group in the provision of any Service or independently therefrom, (2) ban, restrict or block access to any Group for any reason, and (3) establish and/or enforce a code of conduct for any Group. You further represent and warrant that (i) you will not use the Group or any Service we offer to violate any applicable law, violate the legal rights of any person or entity, engage in defamation or harassment, or make any racial or discriminatory statements (whether pertaining to religion, gender, race, sexual orientation, nationality, or political beliefs), and (ii) you understand and agree that your use of any Group will also be subject to the privacy policy and terms of use of the applicable social media platform.
15. Marketing
By registering with us, signing up to receive a free Service, or by purchasing a Service, you are authorizing us to promote and market to you other products or Services related to subject matter we believe may be of interest to you. These products or services may be our own or those being offered by our affiliates or other third parties. If we have some type of affiliate relationship with such a third party, and you purchase a product or service from them, we will likely make a profit or be paid commission from the sale. You agree, represent and warrant that we shall not be liable, directly or indirectly, for any damage or loss caused or alleged to be caused by, or in connection with your use of, or reliance on, any information, product, or services offered or provided by any such affiliate or third party.
16. Indemnification
You agree to defend, indemnify and hold harmless Meddlers and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), arising from, incurred as a result of, or in any manner related to any claim or action based upon (a) your breach of the terms and conditions contained in this Agreement and/or the Site, (b) your use of the Services, and/or (c) the use of the Services by any other person using your information. We reserve the right to participate in the defense of any such claim or action and any negotiations for its settlement or compromise. No settlement that may adversely affect our rights or obligations shall be made without our prior written approval. We reserve the right, at our own expense and upon notice to you, to assume exclusive defense and control of any such claim or action and then your corresponding obligation to defend will end; however, your duty to indemnify shall continue.
16. Disclaimer
Your use of any Service is at your own risk. The Services are provided on an "AS IS" and "AS AVAILABLE" basis. The Services are provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.
Meddlers and its agents, affiliates, and licensors do not warrant that (a) the Service will function without interruption or be secure or available at any particular time or location, (b) any errors or defects will be corrected, (c) the Service is free of viruses or other harmful components, or (d) the results of using the Service will meet your requirements.
17. Limitation Of Liability And Release
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER MEDDLERS, NOR ITS AGENTS, AFFILIATES, OR THIRD-PARTY SERVICE PROVIDERS, SHALL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR ANY OTHER FORM OF DAMAGES IN ANY MANNER ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, YOUR USE OF THE SITE OR ANY SERVICES, REGARDLESS IF CAUSED BY NEGLIGENCE OR GROSS NEGLIGENCE OF MEDDLERS AND REGARDLESS OF THE FORM OF ACTION, THE BASIS OF THE CLAIM, OR WHETHER OR NOT MEDDLERS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES BEYOND THE MONETARY AMOUNT YOU PAID FOR THE SERVICES.
IN THE EVENT YOU HAVE ANY DISPUTE WITH ONE OR MORE THIRD PARTIES AS A RESULT OF YOUR USE OF THE SITE OR THE SERVICES, OR ARE IN ANY WAY DAMAGED AS A RESULT OF ANY THIRD PARTY IN CONNECTION THEREWITH, YOU HEREBY RELEASE AND COVENANT NOT TO SUE OR OTHERWISE MAKE A CLAIM, DEMAND OR FILE ANY LEGAL ACTION OR INSTITUTE ANY LEGAL OR REGULATORY PROCEEDINGS AGAINST US, OUR AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, ATTORNEYS, AND REPRESENTATIVES FROM, FOR ANY CLAIMS, ACTIONS, DEMANDS OR DAMAGES (WHETHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL), OF WHATEVER KIND OR NATURE, KNOWN OR UNKNOWN, SUSPECTED OR UNSUSPECTED, WHETHER FORESEEABLE OR NOT, DISCLOSED OR UNDISCLOSED.
THE TOTAL AGGREGATE LIABILITY OF Meddlers UNDER THIS AGREEMENT, WHETHER ARISING OUT OF BREACH OF CONTRACT (INCLUDING BUT NOT LIMITED TO BREACH OF WARRANTY) OR TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), SHALL IN NO EVENT EXCEED THE TOTAL AMOUNT YOU ACTUALLY PAID TO MEDDLERS UNDER THIS AGREEMENT FOR THE APPLICABLE SERVICES. IN JURISDICTIONS WHERE LIMITATIONS ARE PROHIBITED, THE MAXIMUM DAMAGES SHALL NOT EXCEED THE STATUTORY LIMIT.
IF YOU ARE A CALIFORNIA RESIDENT THEN BY ACCEPTING THIS AGREEMENT YOU ARE WAIVING CALIFORNIA CIVIL CODE SECTION 1542 WHICH STATES “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.”
18. Governing Law; Forum Selection
This Agreement shall be governed and construed in accordance with the laws of Arizona, United States, without regard to its conflict of law provisions. All disputes related to this Agreement or any Service shall be resolved by litigation in the federal or state courts located in the State of Arizona, USA, Maricopa County, and each Party irrevocably consents to the jurisdiction of such courts and hereby waives any jurisdictional or venue defenses available for any and all disputes between the parties, whether related to this Agreement, the Services, or otherwise, and whether the dispute sounds in tort, contract, or otherwise.
19. Waiver of Jury Trial
You hereby irrevocably waive your right to trial by jury in any action or proceeding arising out of this Agreement or the transactions relating to its subject matter.
20. Waiver
No waiver by either party of any default or breach of this Agreement shall be deemed as a waiver of any prior or subsequent default or breach of this Agreement.
21. Severability
If any term, clause or provision hereof is held invalid or unenforceable by a court of competent jurisdiction such invalidity shall not affect the validity or operation of any other term, clause or provision and such invalid term, clause or provision shall be deemed to be severed from the Agreement.
22. Survival Of Terms
Any provision of this Agreement which by its nature must survive the termination of this Agreement in order to give effect to its meaning shall survive such termination.
23. Attorneys' Fees
If any proceeding or action shall be brought to recover any amount under this Agreement, or for or on account of any breach hereof, or to enforce or interpret any of the terms, covenants, or conditions of this Agreement, the prevailing party shall be entitled to recover from the other party, as part of the prevailing party's costs, reasonable attorneys' fees, the amount of which shall be fixed by the court, and shall be made a part of any award or judgment rendered (regardless of whether or not the matter is contested).
24. Entire Agreement
This Agreement constitutes the entire understanding of the parties, and revokes and supersedes all prior agreements between the parties and is intended as a final expression of their agreement. This Agreement shall not be modified or amended except in writing or posting by to the Site by Meddlers. The Site, as posted and amended in the future, and this Agreement, as posted and amended in the future, shall be the valid document respecting the rights and obligations of Meddlers and the User.
25. Contact Us
If you have any questions about this Agreement, please contact us