Terms of Use

The following are the Terms of Use for the Lady Advisor Web Service:

1. General.

1.1 This Agreement governs your use of this web site and its associated services (the "Web Service"), including interactive chat, comments and forum discussion areas (the "Interactive Areas"), which are owned and operated by Lady Advisor and its subsidiaries, affiliates, divisions and related companies ("Lady Advisor").

1.2 Lady Advisor reserves the right, in its discretion, to change or modify all or any part of this Agreement at any time, effective immediately upon notice published on the Web Service. Your use of the Web Service constitutes your binding acceptance of these terms and conditions, including any changes or modifications made by Lady Advisor as permitted above. If at any time the terms and conditions of this Agreement are no longer acceptable to you, you should immediately cease use of the Web Service and cancel your subscription.

2. Use of Content.

2.1 You acknowledge that the Web Service contains information, software, photographs, audio and video clips, graphics, links and other material that are protected by copyright, trademark or other proprietary rights of Lady Advisor or third parties, including but not limited to product names, logos, designs, titles, and words or phrases which may be registered in certain jurisdictions (collectively, the "Content"). You agree to comply with any additional copyright notices, information, or restrictions contained in any Content available on or accessed through the Web Service. Users of the Web Service may use the Content only for their personal, noncommercial use. Users of the Web Service wanting to use the content for commercial use must obtain prior express written permission of Lady Advisor.

2.2 You may not modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, display, or in any way exploit any of the content, in whole or in part, except as otherwise expressly permitted in this Agreement. Content consisting of downloadable software may not be reverse-engineered unless specifically authorized by the owner of the software's patent and or copyright. Subject to the provisions of this Agreement, you may post on the Web Service any content owned by you (such as your original statements), content for which you have received express permission from the owner, and content in the public domain. You assume all right and responsibility for determining whether any content is in the public domain. You grant to Lady Advisor the right to edit, copy, publish, distribute, translate and otherwise use in any medium and for any purpose any content that you place on the Web Service without compensation to you. You represent and warrant that you are authorized to grant all rights set forth in the preceding sentence.

2.3 You acknowledge that the Web Service contains content that is generally licensed to Lady Advisor by independent content providers. You must evaluate and bear the risk associated with the accuracy, completeness or usefulness of such content. Lady Advisor makes no warranties or representations as to its accuracy, completeness or usefulness. Lady Advisor assumes no liability or responsibility for any errors or omissions in the content of the Web Service.

3. Rules of Conduct.

3.1 You shall not post on the Web Service any content which (a) is libelous, defamatory, obscene, pornographic, abusive, harassing or threatening; (b) contains viruses or other contaminating or destructive features; (c) violates the rights of others, such as content which infringes any copyright, trademark, patent, trade secret or violates any right of privacy or publicity; or (d) otherwise violates any applicable law or reputation. You may not post on the Web Service any links to any external Internet sites that are obscene or pornographic. You shall not use the Web Service for any commercial purpose not expressly approved by Lady Advisor, nor shall you distribute any advertising or solicitation of funds or goods and services or solicit users to join competitive online services. Violation of these Rules can result in immediate termination of your Subscription, without refund. Lady Advisor will fully cooperate with any law enforcement authorities or court order requesting or directing Lady Advisor to disclose the identity of anyone posting any such violating information or materials.

3.2 Your membership information, username and password, may not be shared, assigned or transferred to any other person or entity. You must safeguard your membership information to prevent unauthorized access to your account. You shall not attempt to circumvent user authentication or security features of the Web Service.

4. Managing Content.

Lady Advisor cannot review all of the content posted by users on the Web Service and is not responsible for such content. However, Lady Advisor reserves the right to delete, move or edit any content that it may determine, in its sole discretion, violates or may violate this Agreement or is otherwise unacceptable. You shall remain solely responsible for all content posted by you. Lady Advisor shall have the right but not the obligation, to correct any errors or omissions in any content, as it may determine in its sole discretion.

5. No Endorsement.

5.1 Lady Advisor does not represent or endorse the accuracy or reliability of any content posted on any Interactive Area and you acknowledge that any reliance upon such content shall be at your sole risk. Any content placed on any Interactive Area by users are the views of the user posting the statement, and do not represent the views of Lady Advisor or its advertisers or sponsors.

5.2 The Web Service may contain links to sites on the Internet, which are owned and operated by third parties (the "External Sites"). You acknowledge that Lady Advisor is not responsible for the availability of, or the content located on or through any External Site. You should contact the site administrator or Webmaster for those External Sites if you have any concerns regarding such links or the content located on such External Sites.

6. Indemnity.

You agree to indemnify, defend and hold Lady Advisor and its affiliates, and their respective officers, directors, owners, agents, information providers and licensors (collectively, the "Lady Advisor Parties") harmless from and against any and all claims, liability, losses, costs and expenses (including attorneys' fees) incurred by any Lady Advisor Party in connection with any use or alleged use of the service under your user name by any person, whether or not authorized by you. Lady Advisor reserves the right, at your expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with Lady Advisor's defense of such claim.

7. Termination of Service.

Lady Advisor reserves the right, in its sole discretion, to restrict, suspend or terminate your access to all or any part of the Web Service, including the Interactive Areas, at any time for any reason without prior notice or liability. Lady Advisor may change, suspend or discontinue all or any aspect of the Web Service at any time, including the availability of any feature, database, or Content (including the Interactive Areas), without prior notice or liability.

8. Billing Procedures.

8.1 Subscription fees to the Web Service are billed to the user (“Subscriber”) in annual increments based on initial start date of the subscription, plus any time allotted as an initial trial period. To ensure continuity of service, Subscription fees are automatically renewed at the end of the original term selected, for a like period of time, unless canceled before the renewal date by the Subscriber. Refunds will not be issued should the Subscriber fail to cancel the subscription prior to the renewal date. Unless and until this agreement is canceled in accordance with the terms hereof, Subscriber hereby authorizes Lady Advisor to charge Subscriber's credit card (or other approved facility) to pay for the ongoing cost of membership.

8.2 An Initial Trial Period (“Trial”) may be offered to a Subscriber at the time of registration. During this Trial, the Subscriber may cancel their subscription at any time and for any reason, and will not be billed for their Subscription. If a Subscriber does not cancel their membership within the allotted Trial period, regular Subscription fees will be billed in accordance with section 8.1 above.

9. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY.

9.1 NEITHER LADY ADVISOR NOR ANY PROVIDER OF THIRD PARTY CONTENT OR THEIR RESPECTIVE AGENTS WARRANTS THAT THE WEB SERVICE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES LADY ADVISOR, ANY THIRD PARTY CONTENT PROVIDER, OR THEIR RESPECTIVE AGENTS MAKE ANY WARRANTY AS TO THE RESULTS TO BE OBTAINED FROM USE OF THE WEB SERVICE OR THE CONTENT. THE WEB SERVICE AND THE CONTENT ARE DISTRIBUTED ON AN "AS IS, AS AVAILABLE" BASIS. NEITHER LADY ADVISOR, THIRD PARTY CONTENT PROVIDERS, NOR THEIR RESPECTIVE AGENTS MAKE ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE WEB SERVICE, ANY CONTENT OR ANY PRODUCTS OR SERVICES SOLD THROUGH THE WEB SERVICE. NEITHER LADY ADVISOR NOR ANY THIRD PARTY CONTENT PROVIDER WARRANTS THAT ANY FILES AVAILABLE FOR DOWNLOADING THROUGH THE WEB SERVICE WILL BE FREE OF VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES. YOU EXPRESSLY AGREE THAT THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SERVICE AND THE ACCURACY OR COMPLETENESS OF THE CONTENT IS ASSUMED SOLELY BY YOU.

9.2. NEITHER LADY ADVISOR NOR ANY THIRD PARTY CONTENT PROVIDER OR THEIR AGENTS SHALL BE LIABLE FOR ANY ACT, DIRECT OR INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

9.3. SOME STATES DO NOT ALLOW EXCLUSION OR IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH STATES, THE LIABILITY OF LADY ADVISOR, THIRD PARTY CONTENT PROVIDERS AND THEIR RESPECTIVE AGENTS SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

10. Miscellaneous.

This Agreement shall be construed in accordance with the laws of the State of California, and the parties irrevocably consent to bring any action to enforce this Agreement in the federal or state courts located in Marin County in the State of California. This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof, and supersedes all previous written or oral agreements between the parties with respect to such subject matter. All provisions hereof shall survive any termination of this Agreement as well as any other revisions which by their terms or sense are intended to survive.