Terms and Conditions of Use
This website is operated by Mother Whale, Inc. or one of its subsidiaries, affiliates, assigns, successors or entities owned by it operating under a fictitious name filing (collectively, the “Operator”) pursuant to a licensing agreement entered into by and between the Operator and Keith Scott-Mumby (the “Licensor”). The Operator and the Licensor are sometimes collectively referred to herein as “We” and/or “Our” and/or “Us”.
Our mailing address is: P.O. Box 371225, Las Vegas, NV 89137
We can be reached via e-mail at firstname.lastname@example.org, or you can reach us by telephone at 1-760-668-1650.
By using this website, you are agreeing to be bound by these Terms and Conditions of Use.
THESE TERMS AND CONDITIONS OF USE GOVERN YOUR USE OF THIS WEBSITE, WHICH IS PROVIDED BY THE OPERATOR. BY ACCESSING THIS WEBSITE, YOU ARE INDICATING YOUR ACKNOWLEDGMENT AND ACCEPTANCE OF THESE TERMS AND CONDITIONS OF USE. THESE TERMS AND CONDITIONS OF USE ARE SUBJECT TO CHANGE BY THE OPERTATOR AND/OR THE LICENSOR AT ANY TIME IN THEIR SOLE DISCRETION. YOUR USE OF THIS WEBSITE AFTER ANY SUCH CHANGES ARE IMPLEMENTED CONSTITUTES YOUR ACKNOWLEDGMENT AND ACCEPTANCE OF ANY SUCH CHANGES.
Access To This Site
YOU MUST BE EIGHTEEN (18) YEARS OR OLDER TO ACCESS THIS WEBSITE. BY ACCESSSING THIS WEBSITE, YOU ARE REPRESENTING AND WARRANTING TO THE OPERATOR AND THE LICENSOR THAT YOU ARE EIGHTEEN (18) YEARS OF AGE OR OLDER. IF YOU ARE UNDER EIGHTEEN YEARS OF AGE, YOU ARE NOT PERMITTED TO ACCESS THIS WEBSITE FOR ANY REASON. DUE TO THE AGE RESTRICTIONS FOR USE OF THIS WEBSITE, NO INFORMATION OBTAINED BY THIS WEBSITE, FALLS WITHIN THE CHILD ONLINE PRIVACY PROTECTION ACT (COPPA) AND IS NOT MONITORED AS DOING SO.
To access this website or some of the resources it has to offer, you may be asked to provide certain registration details or other information. It is a condition of your use of this website that all the information you provide on this website will be correct, current, and complete. If the Operator believes the information you provide is not correct, current, or complete, it has the right to refuse you access to this website or any of its resources, and to terminate or suspend your access at any time, without notice.
Restrictions On Use
You may use this website only for the purposes expressly permitted by this website. You may not use this website for any other purpose, including any commercial purpose, without the Operator’s or the Licensor’s express prior written consent. For example, you may not (and may not authorize any other party to) (i) co-brand this website, or (ii) frame this website, or (iii) hyper-link to this website, without the express prior written permission of the Operator or the Licensor or an authorized representative of them. For purposes of these Terms Conditions of Use, “co-branding” means to display a name, logo, trademark, or other means of attribution or identification of any party in such a manner as is reasonably likely to give a user the impression that such other party has the right to display, publish, or distribute this website or content accessible within this website. You agree to cooperate with the Operator and the Licensor in causing any unauthorized co-branding, framing or hyper-linking immediately to cease.
All material on this website is provided for lawful purposes only. You agree not to use the material on this website for illegal purposes or for the transmission of material that is unlawful, harassing, defamatory, libelous, invasive of another’s privacy, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable, or that infringes or may infringe the intellectual property or other rights of another or that violates any federal, state, or local laws. In addition to any remedies that we may have at law or in equity, if we determine, in our sole discretion, that you have violated or are likely to violate the foregoing prohibitions, we may take any action we deem necessary to cure or prevent the violation, including without limitation, the immediate removal of the related materials from this website.
The material and content (hereinafter referred to as the “Content”) accessible from this website, and any other website owned, operated, licensed, or controlled by the Licensor is the proprietary information of the Licensor or the party that provided the Content to the Licensor and are copyrighted and protected under the laws of the United States. The Licensor or the party that provided the Content retains all right, title, and interest in the Content.
Accordingly, the Content may not be copied, distributed, republished, uploaded, posted, or transmitted in any way without the prior written consent of the Licensor, or unless authorized in writing elsewhere on its websites, except that you may print out a copy of the Content solely for your personal use. In doing so, you may not remove or alter, or cause to be removed or altered, any copyright, trademark, trade name, service mark, or any other proprietary notice or legend appearing on any of the Content. Modification or use of the Content except as expressly provided in these Terms and Conditions of Use violates the Licensor’s intellectual property rights. Neither title nor intellectual property rights are transferred to you by access to this website.
Third Party Hyper-Links
This website may be hyper-linked to other websites which are not maintained by, or related to, the Operator and/or the Licensor. Hyper-links to such websites are provided as a service to users and are not sponsored by or affiliated with the Operator and/or the Licensor or any of their websites. The Operator and/or the Licensor have not reviewed any or all of such websites and is not responsible for the content of those websites. Hyper-links are to be accessed at the user’s own risk, and the Operator and/or the Licensor make no representations or warranties about the content, completeness or accuracy of these hyper-links or the websites hyper-linked to this website. Furthermore, the inclusion of any hyper-link to a third-party website does not necessarily imply endorsement by the Operator and/or the Licensor of that website.
Products and/or services purchased through third party websites are subject to the Terms and Conditions of such other parties and their websites, and the Operator and/or the Licensor shall have no liability or responsibility for any such purchases.
By your use of this website, you hereby grant to the Operator and/or the Licensor the royalty-free, perpetual, irrevocable, worldwide, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display all content, remarks, suggestions, ideas, graphics, or other information communicated to the Operator and/or the Licensor through this website (collectively hereinafter known as the “Submission”), and to incorporate any Submission in other works in any form, media, or technology now known or later developed. The Operator and/or the Licensor will not be required to treat any Submission as confidential, and may use any Submission in their business (including without limitation, for products or advertising) without incurring any liability for royalties or any other consideration of any kind, and will not incur any liability as a result of any similarities that may appear in the Operator’s and/or the Licensor’s future operations.
You understand that the Operator and/or the Licensor cannot and does not guarantee or warrant that files available for downloading from the Internet will be free of viruses, worms, Trojan horses or other code that may manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to this site for the reconstruction of any lost data. The Operator and/or the Licensor does not assume any responsibility or risk for your use of the Internet or this website.
The Content is not necessarily complete and up-to-date and should not be used to replace any written reports, statements, or notices provided by the Operator and/or the Licensor. Persons should only use the Content in the same manner as any other educational medium and should not rely on the Content to the exclusion of their own professional judgment. Information obtained by using this website is not exhaustive and does not cover all issues, topics, or facts that may be relevant to your goals.
YOUR USE OF THIS WEBSITE IS AT YOUR OWN RISK. The Content is provided “as is” and without warranties of any kind, either expressed or implied. The Operator and/or the Licensor disclaim all warranties, including any implied warranties of merchantability, fitness for a particular purpose, title, or non-infringement. The Operator and/or the Licensor do not warrant that the functions or content contained in this site will be uninterrupted or error-free, that defects will be corrected, or that this site or the server that makes it available are free of viruses or other harmful components. The Operator and/or the Licensor do not warrant or make any representation regarding use, or the result of use, of the content in terms of accuracy, reliability, or otherwise. The content may include technical inaccuracies or typographical errors, and the Operator and/or the Licensor may make changes or improvements at any time. You, and not the Operator and/or the Licensor, assume the entire cost of all necessary servicing, repair or correction.
IN THE EVENT OF ANY LOSS OR DAMAGE ARISING FROM THE USE OF THIS SITE OR ITS CONTENT. The Operator and/or the Licensor MAKE NO WARRANTIES THAT YOUR USE OF THE CONTENT WILL NOT INFRINGE THE RIGHTS OF OTHERS AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH CONTENT.
All of the information in this website shall be deemed to be current only as of the date the information is posted on this website, and the Operator and/or the Licensor do not undertake any obligation to update such information after it is posted or to remove such information from this website if it is not, or is no longer, accurate or complete.
Limitation On Liability: See Disclaimer of Warranty Tab for Complete Limitation on Liability Language.
THE OPERATOR AND THE LICENSOR, THEIR SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS WILL NOT BE LIABLE FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES, INCLUDING LOSS OF REVENUE OR INCOME, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR SIMILAR DAMAGES, EVEN IF THE OPERATOR AND THE LICENSOR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL THE COLLECTIVE LIABILITY OF THE OPERATOR AND THE LICENSOR AND THEIR ASSOCAITES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS, TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE GREATER OF $25.00 OR THE AMOUNT YOU HAVE PAID TO THE OPERATOR AND/OR THE LICENSOR FOR THE APPLICABLE CONTENT, PRODUCT OR SERVICE OUT OF WHICH LIABILITY AROSE.
By your use of this website, you agree that will indemnify and hold the Operator and the Licensor, their subsidiaries, associates, affiliates, licensors, content providers, service providers, employees, agents, officers, directors, and contractors (hereinafter collectively known as the “Indemnified Parties”) harmless from any breach of these Terms and Conditions of Use by you, including any use of Content other than as expressly authorized in these Terms and Conditions of Use. You agree that the Indemnified Parties will have no liability in connection with any such breach or unauthorized use, and you agree to indemnify any and all resulting loss, damages, judgments, awards, costs, expenses, and attorney’s fees of the Indemnified Parties in connection therewith. You will also indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of your use of the information accessed from this website.
Trademarks, service marks, and logos appearing in this website are the property of the Licensor or the party that provided the trademarks, service marks, and logos to the Operator and/or the Licensor. The Licensor and any party that provided trademarks, service marks, and logos to the Operator and/or the Licensor retain all rights with respect to any of their respective trademarks, service marks, and logos appearing in this website.
Notice for Claims of Intellectual Property Violations and Agent for Notice
The Operator and/or the Licensor respect the intellectual property of others, and we ask our users to do the same. The Operator and/or the Licensor abide by the Digital Millennium Copyright Act (the “DMCA”) by responding to notices of alleged infringement that comply with the DMCA and other applicable laws. In appropriate circumstances and at the Operator’s and/or the Licensor’s sole discretion, that response may include removing, disabling and/or terminating access to material residing on the Website that is claimed to be infringing, in which case the Operator and/or the Licensor will make a good-faith attempt to contact the person who submitted the affected material so that they may make a counter notification, also in accordance with the DMCA.
If you believe that your work has been copied in this website in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, please provide the Operator and/or the Licensor with the following information:
- Reasonably sufficient details to enable us to identify the copyrighted work or other intellectual property that you claim has been infringed;
- A description of where the material that you claim is infringing is located on this website, with enough detail that we may find it on this website;
- Your contact information so that we can contact you (including your name, address, telephone number, and email address);
- A statement that you have a good faith belief that the use of the material identified above is not authorized by the copyright owner, its agent, or the law;
- A statement, under penalty of perjury, that the information in the notification is accurate and that you are authorized to act on behalf of the owner of the exclusive right that is alleged to be infringed; and
- The electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest.
- If the material that you have posted to this website has been taken down in response to a claim of copyright or other intellectual property infringement, you may send the Operator and/or the Licensor a counter-notification containing the following details:
- Reasonably sufficient details to enable us to identify the material that has been removed to which access has been disabled, together with the location at which the material appeared before it was removed or access to it was disabled;
- A statement, under penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material in question;
- Your contact information so that we can contact you (including your name, address, telephone number, and email address);
- A statement that you consent to the jurisdiction of the Federal District Court for judicial district in which your address is located or, if your address is outside of the USA, in any judicial district in which the Operator and/or the Licensor may be found, and that you will accept service of process from the person who submitted a notice in compliance with the section (c)(1)(C) of the DMCA, as generally described above; and
- Your physical or electronic signature.
Before serving either a Notice of Infringing Material or Counter-Notification, you may wish to contact a lawyer to better understand your rights and obligations under the DMCA and other applicable laws. These notice requirements are intended to comply with the Operator’s and or the Licensor’s rights and obligations under the DMCA and, in particular, 17 U.S.C. § 512(c), and do not constitute or act as a substitute for legal advice.
Information You Provide
You may not post, send, submit, publish, or transmit in connection with this website any material that:
- you do not have the right to post, including proprietary material of any third party;
- advocates illegal activity or discusses an intent to commit an illegal act;
- is vulgar, obscene, pornographic, or indecent;
- does not pertain directly to this website;
- threatens or abuses others, libels, defames, invades privacy, stalks, is obscene, pornographic, racist, abusive, harassing, threatening or offensive;
- seeks to exploit or harm children by exposing them to inappropriate content, asking for personally identifiable details or otherwise;
- infringes any intellectual property or other right of any entity or person, including violating anyone’s copyrights or trademarks or their rights of publicity;
- violates any law or may be considered to violate any law;
- impersonates or misrepresents your connection to any other entity or person or otherwise manipulates headers or identifiers to disguise the origin of the content;
- advertises any commercial endeavor (e.g., offering for sale products or services) or otherwise engages in any commercial activity (e.g., conducting raffles or contests, displaying sponsorship banners, and/or soliciting goods or services) except as may be specifically authorized on this website;
- solicits funds, advertisers or sponsors;
- includes programs which contain viruses, worms and/or Trojan horses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications;
- disrupts the normal flow of dialogue, causes a screen to scroll faster than other users are able to type, or otherwise act in a way which affects the ability of other people to engage in real time activities via this website;
- includes MP3 format files;
- amounts to a “pyramid” or similar scheme;
- disobeys any policy or regulations established from time to time regarding use of this site or any networks connected to this site; or
- contains hyper-links to other websites that contain content that falls within the descriptions set forth above.
Although under no obligation to do so, the Operator and/or the Licensor reserve the right to monitor use of this website to determine compliance with these Terms and Conditions of Use, as well the right to remove or refuse any information for any reason. Notwithstanding these rights, you remain solely responsible for the content of your submissions. You acknowledge and agree that the Operator and/or the Licensor nor any third party that provides Content to the Operator and/or the Licensor will assume or have any liability for any action or inaction by the Operator and/or the Licensor or such third party with respect to any submission.
Any passwords used for this website are for individual use only. You will be responsible for the security of your password (if any). The Operator and/or the Licensor will be entitled to monitor your password and, at its discretion, require you to change it. If you use a password that the Operator and/or the Licensor considers insecure, the Operator and/or the Licensor will be entitled to require the password to be changed and/or terminate your account.
You are prohibited from using any services or facilities provided in connection with this website to compromise security or tamper with system resources and/or accounts. The use or distribution of tools designed for compromising security (e.g., password guessing programs, cracking tools or network probing tools) is strictly prohibited. If you become involved in any violation of system security, the Operator and/or the Licensor reserve the right to release your details to system administrators at other sites in order to assist them in resolving security incidents. The Operator and/or the Licensor reserve the right to investigate suspected violations of these Terms and Conditions of Use.
The Operator and/or the Licensor reserve the right to fully cooperate with any law enforcement authorities or court order requesting or directing the Operator and/or the Licensor to disclose the identity of anyone posting any e-mail messages, or publishing or otherwise making available any materials that are believed to violate these Terms and Conditions of Use.
BY ACCEPTING THESE TERMS AND CONDITIONS OF USE, YOU WAIVE ANY AND ALL CLAIMS RESULTING FROM ANY ACTION TAKEN BY the Operator and/or the Licensor DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER the Operator and/or the Licensor OR LAW ENFORCEMENT AUTHORITIES AND EXPRESSLY AGREE TO INDEMNIFY AND HOLD HARMLESS THE OPERATOR AND/OR THE LICENSOR FROM ANY AND ALL CLAIMS RESULTING FROM ANY ACTION TAKEN BY the Operator and/or the Licensor DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER the Operator and/or the Licensor OR LAW ENFORCEMENT AUTHORITIES.
Choice of Law / Jurisdiction / Venue
These Terms and Conditions of Use will be governed and interpreted pursuant to the laws of Nevada, United States of America, notwithstanding any principles of conflicts of law. You specifically consent to personal jurisdiction in the State of Nevada in connection with any dispute between you and the Operator and/or the Licensor arising out of these Terms and Conditions of Use or pertaining to the subject matter hereof. The parties to these Terms and Conditions of Use each agree that the exclusive venue for any dispute between the parties arising out of these Terms and Conditions of Use or pertaining to the subject matter of these Terms and Conditions of Use will be in the state or federal courts located in Clark County, Nevada having subject matter jurisdiction over the matter at hand. If any part of these Terms and Conditions of Use is found to be unlawful, void or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions. These Terms and Conditions of Use, together with this website’s Security Policies, Privacy Policies and Warranty Disclaimers, shall constitute the entire agreement among the parties relating to this subject matter and the use of this website. Notwithstanding the foregoing, any additional terms and conditions on this website will govern the items to which they pertain.
By your use of this website, you agree that: (i) this website shall be deemed solely based in Nevada; and (ii) the website shall be deemed to be a passive website that does not give rise to personal jurisdiction over the Operator and/or the Licensor, either specific or general, in jurisdictions other than Nevada.
YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION SHALL BE PERMANENTLY BARRED.
The Operator controls the website from its offices within the United States of America. We make no representations or warranties that this website or its content (including, without limitation, any products or services available on or through this website) is appropriate or available for use in other locations. Users who access this website from outside the United States of America do so on their own initiative and must bear all responsibility for compliance with local laws, if applicable. Furthermore, the United States export control laws prohibit the export of certain products, technical data, and software to certain territories. No content from the website may be downloaded in violation of United States law.
Health Related Information
The information contained in the website is provided for informational purposes only and is not meant to be a substitute for the advice provided by your doctor or other health care professional. You should not use the information available on or through this website (including, but not limited to, information that may be provided by healthcare and/or nutrition professionals employed by, or contracting with, the Operator and/or the Licensor) for diagnosing, preventing, curing or treating any health problem or disease, or prescribing any medication. Information and statements regarding dietary supplements have not been evaluated by the Food and Drug Administration unless specifically so stated. You should carefully read all product packaging prior to use.
If you feel that this site is not following these Terms and Conditions of Use, you may contact us at the mailing address, email address or phone number set forth above.
We reserve the right to change, modify or amend these Terms and Conditions of Use at any time, and at our sole discretion, by updating these Terms and Conditions of Use. We recommend that you visit these Terms and Conditions of Use regularly for any changes.