Terms and Conditions of Use

By using this website, you agree to the following Terms and Conditions and Privacy Policy. Please read them carefully before using this website.

These Terms of Service (“Terms”) govern your use of the services, websites, and digital and mobile application services and products of Doré E. Frances.

To make these Terms easier to read, the Site, our services, the App, and any Site or App features are collectively called the “Services.” Please read these Terms carefully because they govern your use of our Services.

Agreement to Terms

Using our Services, you agree to be legally bound by these Terms. If you disagree to be legally bound by these Terms, you are not authorized to use the Services.

Changes to Terms or Services

I may modify the Terms at any time, at my sole discretion.

If I do so, I will inform you by posting the modified Terms on the Site or through other communications.

Such changes shall become effective immediately upon posting.

You must review the Terms whenever we modify them because if you continue to use the Services after we have posted them on the Site, you are indicating that you agree to be bound by the modified Terms. If you disagree to be bound by the modified Terms, you may not use the Services anymore. Because our Services are evolving, we may change or discontinue any aspect or feature of the Services at any time and without notice, at our sole discretion.

Privacy Policy

Please refer to our Privacy Policy for information on how we collect, use, and disclose information from our users. You acknowledge and agree that your Services use is subject to our Privacy Policy.

Who May Use the Services

Content Ownership

All materials published or available on or through the Services (including without limitation text, graphics, photographs, images, illustrations, designs, music, audio clips, video clips, “look and feel,” metadata, data, software, compilations, and works of authorship of any kind) (collectively, the “Content”) are protected by copyright, and all right, title and interest in and to the Content and Services are exclusively owned by Doré E. Frances.

Doré E. Frances also owns the copyright to select, coordinate, compile, and enhance such content.

The Services and Content are protected by copyright, trademark, patent, trade secret, and other intellectual property and proprietary rights under United States and international law. You agree not to remove, alter, or obscure any copyright, trademark, service mark, or other proprietary rights notices incorporated in or accompanying the Services or Content.

You may not modify, publish, transmit, participate in the transfer or sale of, reproduce, create new works from, distribute, perform, display (including framing and inline linking), or in any way exploit any of the Content or the Services in whole or in part unless expressly permitted hereunder.

Digital Millennium Copyright Act Claims

Doré E. Frances respects the intellectual property of others and responds to notices of alleged copyright infringement per the process set out in the U.S. Digital Millennium Copyright Act.  If you believe your work has been copied in a way that constitutes copyright infringement, please provide us with the written information specified below. Please note that this procedure is exclusively for notifying us that your copyrighted material has been infringed:

An electronic or physical signature of the owner or person authorized to act on behalf of the owner of the copyright interest;

A description of the copyrighted work that you claim has been infringed upon;

A description of where the material that you claim is infringing is located on our Site;

Your address, telephone number, and e-mail address;

A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;

A statement by you, made under penalty of perjury, that the above information in your notice is accurate, that the owner has a legitimate and exclusive right to the work, and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

The above notification should be sent to Doré E. Frances for notice of claims of copyright infringement at d.frances@me.com.

Eligibility

You must be 18. By using the Services, you represent and warrant that you are at least 18 years of age and have the right, authority, and capacity to enter into and abide by these Terms. Individuals under the age of majority and older than 13 may view the content displayed through our Services under the supervision and with the consent of a parent or legal guardian. Under no circumstances may an individual under 18 submit Personal Information to us (as such term is defined within our Privacy Policy) or make any purchase via the Services. If you are deep in personal grief or seeking treatment for abuse, a mental health condition, or trauma, please consult a trusted professional before reading this blog.

Limitation of Liability

The content of this blog is for entertainment and informational purposes only and is not intended to cure, diagnose, prevent, or treat any condition or disease.

You understand that this blog is not intended as a substitute for consultation with a licensed practitioner. Please consult with your healthcare provider or physician regarding the recommendations and suggestions made in this blog. Reading this blog implies your acceptance of this disclaimer.

Neither Doré E. Frances nor any other party involved in creating, producing, or delivering the Services, Products, or Content will be liable for any incidental, special, exemplary, or consequential damages, including, but not limited to, lost profits, loss of data or goodwill, service interruption, computer damage or system failure or the cost of substitute Services or Products arising out of or in connection with these terms or from the use of or inability to use the Services, Products or Content, whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not
Doré E. Frances has been informed of the possibility of such damage, even if a limited remedy set forth herein has failed its essential purpose.

Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitation may not apply to you.

In no event will Doré E. Frances’s total liability arising out of or in connection with these terms or from the use of or inability to use the Services, Products, or Content exceed the amounts you have paid to Doré E. Frances for the use of the Services, Products or Content or fifty dollars ($50), if you have not had any payment obligations to Doré E. Frances, as applicable.

The exclusion and limitations of damages set forth above are fundamental elements of the basis of the bargain between Doré E. Frances and you.

Rights in Content Granted by Doré E. Frances

Subject to your compliance with these Terms, Doré E. Frances grants you a limited, non-exclusive, non-transferable, non-sublicensable license to download, view, copy, and display the Content solely in connection with your permitted use of the Services and solely for your personal and non-commercial purposes.

Copying or storing any of the Content for other than personal use is expressly prohibited.

Rights in User Content Granted by You

Suppose you upload, post, or submit any content or material on or through the Service (including, without limitation, comments, feedback, forum messages, reviews, text, video, audio, photographs, as well as computer code and applications) (collectively, “User-Generated Content”). In that case, you represent and warrant to us that you have all the necessary legal rights to upload, post, or submit such User-Generated Content and that doing so does not violate any law or the rights of any third party.

You acknowledge that any User-Generated Content you submit on or through the Services may be edited, removed, modified, published, transmitted, and displayed by Doré E. Frances. You waive any rights you may have in having the material altered or changed in a manner not agreeable to you. Submissions of User-Generated Content may also be included in our RSS feed and APIs and made available for republishing through other formats.

You hereby grant to Doré E. Frances a perpetual, non-exclusive, transferable, sublicensable, worldwide, royalty-free license to your User-Generated Content, which includes without limitation the right to use, copy, modify, adapt, excerpt, create derivative works based upon, distribute, publish, publicly display, publicly perform, communicate to the public, transmit, host, index, cache, tag and encode (including without limitation the right to adapt to streaming, downloading, broadcast, mobile, digital, thumbnail, scanning or other technologies) in any form or media now known or hereinafter developed, your User Content.

Using the Services

You understand and agree that the Services, Products, and any other information you learn are not intended, designed, or implied to diagnose, prevent, mitigate, or treat any condition or disease, to ascertain the state of your health, or to be a substitute for professional medical care. I am not a healthcare or medical provider, and my Services do not constitute, and should not be considered, medical advice. Not all activities described within the Services or Products are suitable for everyone. Do not use the Services while driving, operating heavy machinery, or performing other tasks that require attention and concentration. You understand and agree that you are solely responsible for using the Services. The contents of the Services, including the Site and the App, are intended solely for your personal, noncommercial use.

You acknowledge and agree that being exposed to advertising via the Services is a condition of accessing the Services.

Feedback

We welcome feedback, comments, and suggestions for improvements to the Services or Products (“Feedback”).

You can submit Feedback by emailing us at d.frances@me.com.

Indemnity

You will indemnify and hold harmless Doré E. Frances from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees arising out of or in any way connected with (i) your access to or use of the Services or Content or (ii) your violation of these Terms.

Prohibitions

You agree not to do any of the following:

Post, upload, publish, submit, or transmit on or through the Services any User-Generated Content that (i) infringes, misappropriated, or violates a third party’s patent, copyright, trademark, trade secret, moral rights, or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any person or entity; or (vii) promotes illegal or harmful activities or substances;

Use, display, mirror, or frame the Services, or any individual element within the Services, Doré E. Frances’s name, trademark, logo, or other proprietary information or the layout and design of any page or form contained on a page, without our express written consent;

Access, tamper with, or use non-public areas of the Services, our computer systems, or the technical delivery systems of our providers;

Attempt to probe, scan, or test the vulnerability of any of our systems or networks or breach any security or authentication measures;

Avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by us or any of our providers or any other third party (including another user) to protect the Services;

Attempt to access or search the Services or download Collective Content from the Services through the use of any engine, software, tool, agent, device, or mechanism (including spiders, robots, crawlers, data mining tools, or the like) other than the software and/or search agents provided by us  or other generally available third party web browsers;

Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;

Use any meta tags or other hidden text or metadata utilizing any of our trademarks, logos, URLs, or product names without our express written consent;

Use the Services for any commercial purpose or the benefit of any third party or in any manner not permitted by these Terms;

Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Services to send altered, deceptive, or false source-identifying information;

Attempt to decipher, decompile, disassemble, or reverse engineer any of the software used to provide the Services;

Interfere with, or attempt to interfere with, the access of any user, host, or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Services;

Collect or store any personally identifiable information from the Services from other users of the Services without their express permission;

Impersonate or misrepresent your affiliation with any person or entity;

Violate any applicable law or regulation; or

Encourage or enable any other individual to do any of the foregoing.

Although we’re not obligated to monitor access to or use of the Services or Content or to review or edit any User-Generated Content, we have the right to do so to operate the Services, to ensure compliance with these Terms, and to comply with applicable law or other legal requirements. We reserve the right but are not obligated, to remove or disable access to any Content or User-Generated Content at any time and without notice, including, but not limited to, if we, at our sole discretion, consider any such content to be objectionable or in violation of these Terms. We have the right to investigate violations of these Terms or conduct that affects the Services. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.

Links to Third Party Websites or Resources

The Services may contain links to third-party websites or resources.

We provide these links only for convenience. We are not responsible for the content, products, or services on or available from those websites or resources or links displayed on such websites. You acknowledge sole responsibility for and assume all risks from third-party websites or resources.

Termination

We may terminate your access to and use of the Services at any time and without notice at our sole discretion.

Warranty Disclaimers

The Services, Products, and Content are provided “as is” without warranty.

Without limiting the foregoing, we explicitly disclaim any warranties of merchantability, fitness for a particular purpose, quiet enjoyment, or non-infringement, and any warranties arising from a course of dealing or trade usage.

We make no warranty that the Services or Products will meet your requirements or be available on an uninterrupted, secure, or error-free basis. We do not warranty the quality, accuracy, timeliness, truthfulness, completeness, or reliability of any Content.

Dispute Resolution

Agreement to Arbitrate

You and Doré E. Frances agree that any dispute, claim, or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Services, Products or Content (collectively, “Disputes”) will be settled by binding arbitration, except that each party retains the right: (i) to bring an individual action in small claims court and (ii) to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights (the action described in the foregoing clause (ii), an “IP Protection Action”). The exclusive jurisdiction and venue of any IP Protection Action will be the state and federal courts located in Broomfield County, Colorado, and each of the parties hereto waives any objection to jurisdiction and venue in such courts.

You acknowledge and agree that you are waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Further, unless you and Doré E. Frances agree in writing, the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this “Dispute Resolution” section will be deemed void. Except as provided in the preceding sentence, this “Dispute Resolution” section will survive any termination of these Terms.

Arbitration Location and Procedure

Unless you and Doré E. Frances agree, the arbitration will be conducted in Broomfield County, Colorado.

Suppose your claim does not exceed $10,000. In that case, the arbitration will be conducted solely based on the documents that you and Doré E. Frances submit to the arbitrator unless you request a hearing or the arbitrator determines that a hearing is necessary. If your claim exceeds $10,000, the AAA Rules will determine your right to a hearing. Subject to the AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.

Arbitration Notice

You agree that disputes between you and Doré E. Frances will be resolved by a binding, individual arbitration, and you are waiving your right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding.

Arbitration Process

A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules.

(The AAA provides a general Demand for Arbitration form and a separate form for Demand for Arbitration for California residents.)

The arbitrator will be either a retired judge or an attorney licensed to practice law. The parties will select the arbitrator from the AAA’s roster of arbitrators. Suppose the parties cannot agree upon an arbitrator within seven (7) days of delivery of the Demand for Arbitration. In that case, the AAA will appoint the arbitrator according to the AAA Rules.

Arbitration Rules

The arbitration will be administered by the American Arbitration Association (“AAA”) by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer-Related Disputes (the “AAA Rules”) then in effect, except as modified by this “Dispute Resolution” section.

The Federal Arbitration Act will govern the interpretation and enforcement of this Section.

Governing Law

These Terms and any action related thereto will be governed by the laws of the State of Colorado without regard to its conflict of laws provisions.

Arbitrator’s Decision

The arbitrator will render an award within the time frame specified in the AAA Rules. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof.

The arbitrator’s award of damages must be consistent with the terms of the “Limitation of Liability” section above regarding the types and amounts of damages for which a party may be liable.

The arbitrator may award declaratory or injunctive relief only in favor of the claimant and to the extent necessary to provide relief warranted by the claimant’s claim. If you prevail in arbitration, you will be entitled to an award of attorneys’ fees and expenses to the extent provided by applicable law. Calm will not seek and hereby waives all rights it may have under applicable law to recover attorneys’ fees and expenses if it prevails in arbitration.

Fees

Your responsibility to pay any AAA filing, administrative, and arbitrator fees will be solely as outlined in the AAA Rules.

General Terms

These Terms constitute the entire and exclusive understanding and agreement between Doré E. Frances and you regarding the Services, Products, and Content, and these Terms supersede and replace any prior oral or written understandings or agreements between Doré E. Frances and you regarding the Services, Products, and Content.

Suppose any provision of these Terms is held invalid or unenforceable (either by an arbitrator appointed under the terms of the “Arbitration” section above or by a court of competent jurisdiction, but only if you timely opt out of arbitration by sending us an Arbitration Opt-out Notice by the terms set forth above).

That provision will be enforced to the maximum extent permissible in that case, and the other provisions of these Terms will remain in full force and effect.

You may not assign or transfer these Terms, by operation of law or otherwise, without Doré E. Frances’s prior written consent. Any attempt by you to assign or transfer these Terms without such consent will be null and of no effect. Doré E. Frances may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors, and permitted assigns.

Any notices or other communications provided by Doré E. Frances under these Terms, including those regarding modifications to these Terms, will be given (i) by Doré E. Frances via email or (ii) by posting to the Services.

For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.

Doré E. Frances’s failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by Doré E. Frances. Except as expressly outlined in these Terms, the exercise by either party of any of its remedies will be without prejudice to its other remedies under these Terms or otherwise.

Contact Information

If you have any questions about these Terms or the Services or Products, please get in touch with Doré E. Frances at d.frances@me.com.

 

 

 

Last updated June 16, 2024