Welcome to The Empowered Mastectomy! This website www.theempoweredmastectomy.com (“Site”) is operated by The Empowered Mastectomy, LLC, an Oregon limited liability company, also doing business as Mastectomy & Sexy. Throughout the Site the words “TEM”, “we”, “us” and “our” refer to The Empowered Mastectomy. We offer this website, including all information, tools and services available from this website to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here and on this website.
Any new features or tools which are added to the Site shall also be subject to the Terms. You can review the most current version of the Terms at any time on this page. We reserve the right to update, change or replace any part of these Terms by posting updates or changes to our Site, or both. It is your responsibility to check this page theempoweredmastectomy.com periodically for changes. Your continued use of, or access to, the Site and/or our services following the posting of any changes constitutes acceptance of those changes.
Our Site is hosted by Dreamhost and managed by Saradipity Media. They provide us with the online platform that allows us to market our services to you.
SECTION 1 – TERMS
If you are accepting these Terms on behalf of another legal entity, including a business, school or a government, you represent that you have full legal authority to bind such entity to these Terms.
You may not use our Site or service for any illegal or unauthorized purpose nor may you, in the use of the service, violate any laws in your jurisdiction (including but not limited to copyright law).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of our services.
SECTION 2 – INTELLECTUAL PROPERTY RIGHTS
For purposes of these Terms, “TEM Content” means and includes any text, graphics, images, music, software, audio, video, works of authorship of any kind, and information or other materials that are posted, generated, provided or otherwise made available through this Site and the services to you. The TEM Content, the services and its underlying technology are protected by copyright, trademark, patent, intellectual property and other laws of the United States and foreign countries. They are owned by TEM, its licensors, or other providers of such material. You agree not to remove, change or obscure any copyright, trademark, service mark or other proprietary rights notices on this Site or incorporated in or accompanying the Service.
This Site is intended for your personal, non-commercial use. TEM grants you a limited, non-exclusive, non-transferable, non-sublicensable license to use the service and access and view this Site and the TEM Content for your personal non-commercial use. This license is provided solely for your personal use and enjoyment of this Site as permitted in these Terms. You agree not to reproduce, reverse engineer, duplicate, copy, sell, resell or exploit any portion of the service and the TEM Content, use of the service and the TEM Content, or access to the services or any contact on the Site through which the service is provided, without our express written permission and consent. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by TEM or its licensors, except for the licenses and rights expressly granted in these Terms.
SECTION 3 – TEM’S RIGHTS TO MATERIALS PROVIDED BY USERS
TEM welcomes your participation on the Site. By sending messages to TEM, uploading or posting files, images, text, data, content, or other materials on the Site, or by otherwise providing information or communications to artnet (individually or collectively “Communications”) to or within the Site, you grant to TEM a perpetual, worldwide, irrevocable, unrestricted, non-exclusive, royalty-free license to use (including use for promotional and advertising purposes), copy, license, sublicense, adapt, distribute, display, publicly perform, reproduce, transmit, modify, edit, create derivative works, and otherwise exploit such Communications and any ideas or original materials contained in these Communications for any purpose and in all media now known or hereafter developed. This grant includes the right to exploit any and all proprietary rights in such Communications including, without limitation, any and all Intellectual Property Rights in any relevant jurisdiction. You waive all rights you may have to inspect and/or approve any use by artnet of any material or idea submitted by you in any Communications or to receive any compensation for such use. You waive all rights to any claim against TEM for any alleged or actual infringements or misappropriation of any Intellectual Property Rights in connection with such Communications. You agree and understand that TEM is under no obligation to use any Communications submitted by you on the Site or in any way.
You warrant that you own all Intellectual Property Rights in and to any Communications that you submit to TEM, or that you have sufficient rights in and to the Communications to grant to TEM the above license.
To submit materials for proposed use on our site, please go to URL and follow the instructions there.
SECTION 4 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this Site is not accurate, complete or current. The material on this Site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this Site is at your own risk.
This Site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this Site at any time, but we have no obligation to update any information on our Site. You agree that it is your responsibility to monitor changes to our Site.
SECTION 5 – SERVICES
We reserve the right, but are not obligated, to limit our services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the services that we offer. Any offer for any service made on this Site is void where prohibited.
You can find a description of our service options on our Site. We reserve the right to modify, terminate or otherwise amend our offered services at any time in accordance with these Terms.
SECTION 6 – OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from, or relating to, your use of optional third-party tools.
Any use by you of optional tools offered through the Site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the Site (including, the release of new tools and resources). Such new features or services, or both, shall also be subject to these Terms.
SECTION 7 – LINKING AND THIRD-PARTY LINKS
You may link to publicly available portions of the service if you do so in a way that is fair and does not damage or take advantage of our reputation, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part. The service must not be framed on any other Site or service. We reserve the right to withdraw linking permission without notice.
Certain content, products and services available via our Service may include materials from third-parties. Third-party links on this Site may direct you to third-party Sites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or Sites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party Sites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
SECTION 8 – PERSONAL INFORMATION
SECTION 9 – ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our Site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to service descriptions, pricing, promotions, offers and availability. We reserve the right to correct any errors, inaccuracies or omissions.
We undertake no obligation to update, amend or clarify information in the Service or on any related Site, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related Site, should be taken to indicate that all information in the Service or on any related Site has been modified or updated.
SECTION 10 – PROHIBITED USES
In addition to other prohibitions as set forth in the Terms, you are prohibited from using the Site or its content: (a) for any unlawful purpose; (b) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (c) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (d) for any obscene or immoral purpose; or (e) to interfere with or circumvent the security features of the Service or any related Site, other Sites, or the Internet. We reserve the right to terminate your use of the Service or any related Site for violating any of the prohibited uses.
SECTION 11 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We cannot guarantee that the Site will be running 100% of the time, and we cannot guarantee that all functions will be available 100% of the time.
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
You agree that from time to time we may remove the Site or service for indefinite periods of time or cancel the Site or service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service or Site is at your sole risk. The Site or services provided to you are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
SECTION 12 – INDEMNIFICATION
This section only applies to the extent permitted by applicable law. If you are prohibited by law from entering into the indemnification obligation below, then you assume, to the extent permitted by law, all liability for all claims, demands, actions, losses, liabilities, and expenses (including attorneys’ fees, costs and expert witness(es) fees) that are the stated subject matter of the indemnification obligation below.
You agree to indemnify, defend and hold harmless TEM and our officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, volunteers and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SECTION 13 – SEVERABILITY
In the event that any provision of these Terms is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 14 – TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.These terms are effective unless and until terminated by either you or TEM. You may terminate this Agreement at any time, provided that you discontinue any further use of the Site. TEM also may terminate this Agreement at any time and may do so immediately without notice, and accordingly deny you access to the Site, if in TEM’s sole discretion you fail to comply with any term or provision of this Agreement.
SECTION 15 – ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
These Terms and any policies or operating rules posted by us on this Site or in respect to the Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms).
Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.
SECTION 16 – DISPUTE RESOLUTION & GOVERNING LAW
We want to address your concerns without needing a formal legal case. Before filing a claim against us, you agree to try to resolve the Dispute informally by contacting via email at firstname.lastname@example.org with the subject line “CLAIM”. Similarly, we will undertake reasonable efforts to contact you (if we have contact information for you) to resolve any claim we may possess informally before taking any formal action. If the dispute is not resolved by negotiation within 30 days after the email noting the dispute under this Agreement is sent, the parties agree first to try in good faith to settle the dispute by mediation before resorting to arbitration.
These Terms and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the United States and the laws of the state of Oregon, USA, without regard to principles of conflict of law.
You agree that any disputes or other legal proceedings proceedings (including alternative dispute resolution) will be brought in Multnomah County, Oregon. Both you and TEM consent to the venue and personal jurisdiction there.
SECTION 17 – CHANGES TO TERMS
You can review the most current version of the Terms at any time at this page theempoweredmastectomy.com.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms by posting updates and changes to our Site. It is your responsibility to check our Site periodically for changes. Your continued use of or access to our Site or the Service following the posting of any changes to these Terms constitutes acceptance of those changes.
SECTION 18 – CONTACT INFORMATION
Questions about the Terms should be sent to us at email@example.com with the subject line ‘TERMS’.
For customer support with Site-related questions, please submit an email to firstname.lastname@example.org with the subject line ‘WEBMASTER’. We strive to respond to inquiries within a reasonable time frame but we make no promises that any query will be responded to within any particular time frame or that we will be able to answer any such queries.
SECTION 19 – ACCESSIBILITY
TEM works hard to ensure its Site conforms with the prevailing Web Content Accessibility Guidelines (WCAG) Standards to AA level – Currently at WCAG 2.1 AA. These guidelines explain how to make web content more accessible for people with disabilities. Conformance with these guidelines will help make the web more user friendly for all people.
We are continually seeking out solutions that will bring all areas of the Site up to the same level of overall web accessibility. In the meantime, should you experience any difficulty in accessing the Site, please contact us at email@example.com.
SECTION 20 – DMCA (Policy)
Copyright Complaints Involving Potential Infringement Need to Be Communicated and Reported. (Digital Millennium Copyright Act (see 17 U.S.C. §512(c)(3). If you believe your copyrighted information has been infringed upon on the Site, please review the act cited above, and then see our Notice and Procedure for Making Claims of Copyright Infringement / Disclaimer.
SECTION 21 – HEADINGS
The headings used in these Terms are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 22 – MOBILE SERVICES
The Site may offer certain tools or services that are available to you via your mobile phone or other mobile device (collectively, “Mobile Services”). Please note that your mobile carrier’s normal messaging, data, and other rates and fees will apply to your use of Mobile Services. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your mobile carrier, and not all Mobile Services may work with all carriers or devices. Therefore, you are responsible for checking with your mobile carrier to determine if Mobile Services are available for your mobile devices, what restrictions, if any, may be applicable to your use of Mobile Services, and how much they will cost you. Nevertheless, all use of the Site and its Mobile Services must be in accordance with these Terms.