Whatgirl®.net
The Website for Your Ears

 

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©2006-2012 Sara Laufer Consulting. All rights reserved.

E-mail: research (at) saralaufer (dot) com

 

 

 

Sara Laufer Consulting Website Privacy Statement

 

This document was last updated on March 24, 2011.

 

1. Acknowledgement and acceptance of terms

 

Sara Laufer Consulting is committed to protecting your privacy. This Privacy Statement sets forth our current privacy practices with regard to the information we collect when you or your computer interact with our website.  By accessing Sara Laufer Consulting/Whatgirl.net, you acknowledge and fully understand Sara Laufer Consulting’s Privacy Statement ("Statement"), agree to be bound by the terms contained in this Statement, and freely consent to the information collection and use practices described in this Statement. You further acknowledge and agree that you are at least 18 years old and a resident of the United States.  If you are under 18 years old, you do not have permission to access this site.  This site is intended to be made available to only U.S. residents.

 

If you do not agree to these terms, please do not access or use this site.

 

2. Participating Third Party Policies

 

This website may contain links to related services and offerings, including vendor sites. These third parties may have their own privacy statements that can be viewed on their websites or by contacting these third parties directly. These third parties who participate in Sara Laufer Consulting services are encouraged to participate in industry privacy initiatives and to take a responsible attitude towards consumer privacy.  However, since we do not have direct control over the policies or practices of third parties, we are not responsible for the privacy practices or contents of those sites.  We recommend and encourage that you always review the privacy policies of these third parties before you provide any personal information or complete any transaction with such parties.

 

3. Information We Collect and How We Use It

Sara Laufer Consulting collects certain information from and about its users three ways: (1) directly from our Web Server logs, (2) with Cookies, and (3) from the user.  We do not collect information about the specifics of who you are ("Personally Identifiable Information") unless you specifically provide it to us.

a.            Web Server Logs.

When you visit our Website, we may track information to administer the site and analyze its usage. None of this information is Personally Identifiable Information.  Examples of information we may track include, but are not limited to:

  • Your Internet protocol address.
  • The kind of browser or computer you use.
  • Number of links you click within the site.
  • State or country from which you accessed the site.
  • Date and time of your visit.
  • Name of your Internet service provider.
  • Web page you linked to our site from and go to from this site.
  • Pages you viewed on the site.

b. Use of Cookies

 

Sara Laufer Consulting may use cookies to personalize or enhance your user experience.  A cookie is a small text file that is placed on your hard disk by a Web page server.  Cookies cannot be used to run programs or deliver viruses to your computer.  Cookies are uniquely assigned to you, and can only be read by a Web Server in the domain that issued the cookie to you. 

 

One of the primary purposes of cookies is to provide a convenience feature to save you time.  For example, if you personalize a web page, or navigate within a site, a cookie helps the site to recall your specific information on subsequent visits.  Hence, this simplifies the process of delivering relevant content and eases site navigation by providing and saving your preferences and login information as well as providing personalized functionality. 

 

The type of information that may be stored in a cookie includes non-Personally Identifiable Information about you, such as a randomly assigned user identification number, the country where you are located, and your first name to welcome you back to the site.

 

Sara Laufer Consulting reserves the right to share aggregated site statistics with third parties, but does not allow other companies to place cookies on our website unless there is a temporary, overriding customer value (such as merging into Sara Laufer Consulting.com a site that relies on third-party cookies).

 

You have the ability to accept or decline cookies.  Most Web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies. If you reject cookies by changing your browser settings then be aware that this may disable some of the functionality on our website.

 

c.            Personal Information entered by users. 

 

You provide certain Personally Identifiable Information to us when you register with us, send us e-mail messages, submit forms to us, or provide information to us by any means.  When you register, we will request some personal information which may include your name, address, e-mail, telephone number or facsimile number, account number, and other relevant information.  You may also be asked to disclose personal information to us so that we can provide assistance and information to you. For example, such data may be warranted in order to provide online technical support and troubleshooting.

 

We will not sell, trade, or rent Personally Identifiable Information to others.  Furthermore, we will not disclose Personally Identifiable Information we collect from you to third parties without your permission, except to the extent necessary:

 

  • To fulfill your service request,
  • To protect ourselves from liability,
  • To respond to a court order or subpoena, to comply with an investigation, or to comply with applicable laws or rules, or
  • In connection with a merger, acquisition, or liquidation of the company.

 

We reserve the right to report to law enforcement agencies any activities that we in good faith believe to be unlawful.

 

For terms relating to areas of this site that allow you to communicate and/or submit information on or through this site, such as bulletin board postings, e-mail, messages, suggestions, ideas, fictional work, non-fiction material, photographs, drawings, or concepts (each, a "Submission"), please refer to our Terms of Use. at: http://www.whatgirl.net/termsandconditions.html.

 

4. Use of Web Beacons or GIF files 

 

Sara Laufer Consulting/Whatgirl.net Web pages may contain electronic images known as Web beacons – sometimes also called single-pixel gifs – that allow Sara Laufer Consulting to count users who have visited those pages and to deliver co-branded services.  Sara Laufer Consulting may include Web beacons in promotional e-mail messages or newsletters in order to determine whether messages have been opened and acted upon.

 

Some of these Web beacons may be placed by third party service providers to help determine the effectiveness of our advertising campaigns or e-mail communications.  You should visit those service provider's web pages to review their privacy policies; see paragraph 2 above.  Sara Laufer Consulting prohibits Web beacons from being used by third parties to collect or access your Personally Identifiable Information.

 

5. Accessing Web Account Information

 

We will provide you with the means to ensure that Personally Identifiable Information that we have on file for you is correct and current.  We encourage you to update your Personally Identifiable Information promptly after it changes.  You may review this information by contacting us by sending an e-mail to our support attendant (ad@whatgirl.net).  You may ask to have the information on your account deleted or removed at any time.  We will use reasonable efforts to delete your information; however, because we and our web hosting company have backup systems and keep track of past transactions and/or activities, it may be impossible to completely delete your information.

 

6. User Communication

 

We may, from time to time, send you e-mail regarding our services, if you indicate that you are interested in receiving offers or information from us.  We may occasionally send you direct mail about products and services that may be of interest to you.  Only Sara Laufer Consulting will send you these direct mailings, and only if you indicated that you are interested in receiving these notices.  If you want these e-mail or direct mailings, you can tell us when you submit or edit your Personally Identifiable Information. Sara Laufer Consulting may reject your request to receive e-mail or direct mailings without any obligation to provide you with any response, reason or justification for such rejection.

 

7. Security of Information

 

We will keep your Personally Identifiable Information secure consistent with current industry standards.  Security of your Personally Identifiable Information is of utmost concern to us.  When you send us Personally Identifiable Information or any other information or material through our web submission forms, the transmission passes only within our web hosting servers maintained by Network Solutions, LLC, which employs its own physical and network security measures.  A copy of Network Solutions, LLC, Privacy Policy may be obtained from the following website:

 

http://wsm.ezsitedesigner.com/privacy/PrivacyPolicy.html

 

Our processes in place aim to prevent unauthorized parties from viewing Personally Identifiable  Information when it is transmitted to us via our web site submission forms. However, we cannot secure the transmission of Personally Identifiable Information or any other information or material sent to us in any manner. Personally Identifiable Information, once downloaded by us from our web hosting servers, will be stored on firewall-protected computers that only selected Sara Laufer Consulting personnel and contractors have access to via password, and/or on Network Solutions, LLC web hosting servers.

 

8. Changes to this Statement

 

Sara Laufer Consulting has the discretion to update this Statement at any time.  When we do, we will also revise the “updated” date at the top of this Privacy page.  We encourage you to periodically review this Statement to stay informed about how we are helping to protect the personal information we collect.  You acknowledge and agree that it is your responsibility to review this Statement periodically and become aware of modifications. Your continued use of this site constitutes your agreement to this Statement and any updates.

 

9. Contacting Us

 

If you have questions regarding our Privacy Statement, its implementation, failure to adhere to this Privacy Statement and/or our general practices, please contact us at ad@whatgirl.net or send your comments to:

 

 

Sara Laufer Consulting

Attention:  Privacy Statement Personal

PO Box 4872

Federal Way, WA 98063   USA

 

Sara Laufer Consulting will use commercially reasonable efforts to promptly respond and resolve any problem or question.

 

 

Terms of Use Agreement

You must read this Terms of Use Agreement ("Agreement") and agree to its terms before accessing the website.

 

Effective Date:  This Terms of Use Agreement was last updated on March 24, 2011.

 

This Agreement sets forth the standards of use of the "Whatgirl®.net" website, the Sara Laufer Consulting Service, and related services (together referred to as the "site" or "website").  By using the website you (herein referred to as "you" or the “User”) agree to these terms and conditions with Sara Laufer Consulting (herein referred to as "us", "we" or "Sara Laufer Consulting"). If you do not agree to the terms and conditions of this agreement, you should immediately cease all usage of this website.  Your remedy for dissatisfaction with this site or related content, products, services, or information available on this site, is limited to ceasing use of the site and/or the particular products/services.

 

We reserve the right, at any time, to modify, alter, or update the terms and conditions of this agreement without notice to you.  Modifications shall become effective immediately upon being posted on the website.  Your continued use of the site after amendments are posted constitutes an acknowledgement and acceptance of the Agreement and its modifications. Except as provided in this paragraph, this Agreement may not be amended.

 

1.            Description of Service

 

Sara Laufer Consulting makes various services available on this site including, but not limited to, information and data relating to hearing loss. User must provide, at User's own expense, (1)  all equipment necessary for their own Internet connection, including computer and modem and (2) User’s access to the Internet, and (3) payment of any fees related to such connection. 

 

2.             Conduct on Site

 

User's use of this site is subject to all applicable laws and regulations, and User is solely responsible for the content of User's communications through the site.  By posting any information on this site or otherwise communicating through this site, User agrees not to upload, share, post, or otherwise distribute or facilitate distribution of any content that:

 

A. Is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortious, contains explicit or graphic descriptions or accounts of sexual acts, or otherwise violates our rules or policies;

 

B. Victimizes, harasses, degrades or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;

 

C. Infringes any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party;

 

D. Constitutes unauthorized or unsolicited advertising, junk or bulk e-mail (also known as "spamming"), chain letters, or any other form of unauthorized solicitation, or any form of lottery or gambling;

 

E. Contains software viruses or any other computer code, files or programs that are designed or intended to disrupt, damage or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or information of a third party; or

 

F. Impersonates any person or entity, including any employees of Sara Laufer Consulting.

 

Sara Laufer Consulting does not endorse or assume liability for the contents of any material uploaded or submitted by third party users of the site.  Sara Laufer Consulting generally does not review or pre-screen content posted on the site by third parties, but reserves the right to remove any content that, in our judgment, does not comply with this Agreement or is harmful, objectionable, or inaccurate.  Sara Laufer Consulting does not assume any liability for failure or delay in removing any such content.

 

User may not use its account to breach security of another account or attempt to gain unauthorized access to another computer, network or server.  We may at any time, in our sole discretion, terminate User's account without any notice to User.

 

You may not link to this Site unless you comply with these linking conditions.  Sara Laufer Consulting hereby grants you a limited, revocable, nonexclusive right to create a hyperlink to this site ("Link"), provided you comply with the following conditions:

 

A. The Link must resolve to the homepage, "Whatgirl®.net".

 

B. The link may be identified as "Sara Laufer Consulting", "Whatgirl®", or "Whatgirl®.net". 

 

C. Unless you have written permission from Sara Laufer Consulting, the Link may not use, defame, or tarnish any logo, graphic, tagline, service mark, trademark, or copyrighted information of Sara Laufer Consulting. 

 

D. The Link and surrounding materials must not deliver the website content in a framed environment, or alter the layout, content, look, or feel of the website.

 

E. The Link and surrounding materials must not imply affiliation or falsely represent any relationship between the linking site and Sara Laufer Consulting; and

 

F. The Link and surrounding materials must not portray Sara Laufer Consulting or its affiliates, information or services available on the website, or the website itself, in a false, misleading, derogatory, defamatory or otherwise offensive manner.

 

3.            Disclaimer of Warranties

 

ALL MATERIALS AND SERVICES ON THIS SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT (A) THE SERVICES AND MATERIALS WILL MEET YOUR REQUIREMENTS, (B) THE SERVICES AND MATERIALS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR MATERIALS WILL BE EFFECTIVE, ACCURATE OR RELIABLE, OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES, OR INFORMATION PURCHASED OR OBTAINED BY YOU FROM THE SITE FROM US OR OUR AFFILIATES WILL MEET YOUR EXPECTATIONS OR BE FREE FROM MISTAKES, ERRORS OR DEFECTS.

 

THIS SITE COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES OR TYPOGRAPHICAL ERRORS. WE MAY MAKE CHANGES TO THE MATERIALS AND SERVICES AT THIS SITE, INCLUDING THE PRICES AND DESCRIPTIONS OF ANY PRODUCTS LISTED HEREIN, AT ANY TIME WITHOUT NOTICE. THE MATERIALS OR SERVICES AT THIS SITE MAY BE OUT OF DATE, AND WE MAKE NO COMMITMENT TO UPDATE SUCH MATERIALS OR SERVICES.

 

THE USE OF THE SERVICES OR THE DOWNLOADING OR OTHER ACQUISITION OF ANY MATERIALS THROUGH THIS SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH ACTIVITIES.

 

WE MAKE NO WARRANTY REGARDING ANY TRANSACTIONS EXECUTED THROUGH, OR IN CONNECTION WITH THIS SITE, AND YOU UNDERSTAND AND AGREE THAT SUCH TRANSACTIONS ARE CONDUCTED ENTIRELY AT YOUR OWN RISK. ANY WARRANTY THAT IS PROVIDED IN CONNECTION WITH ANY PRODUCTS, SERVICES, MATERIALS, OR INFORMATION AVAILABLE ON OR THROUGH THIS SITE FROM A THIRD PARTY IS PROVIDED SOLELY BY SUCH THIRD PARTY, AND NOT BY US.

 

SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

 

4.            Limitation of Liability  

 

User's exclusive remedy and Sara Laufer Consulting's entire liability, if any, for any claims arising out of this site shall be limited to the amount you paid Sara Laufer Consulting, if any, for any services available through the site during the six-month period before the act giving rise to the liability.

 

IN NO EVENT SHALL SARA LAUFER CONSULTING BE LIABLE TO USER OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS SITE OR OF ANY WEB SITE REFERENCED OR LINKED TO FROM THIS SITE.

 

FURTHER, WE SHALL NOT BE LIABLE IN ANY WAY FOR THIRD PARTY GOODS AND SERVICES OFFERED THROUGH THIS SITE OR FOR ASSISTANCE IN CONDUCTING COMMERCIAL TRANSACTIONS THROUGH THIS SITE, INCLUDING WITHOUT LIMITATION THE PROCESSING OF ORDERS.

 

SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

 

This site and its services are for educational and informational purposes, and are not intended nor implied to be a substitute for professional advice, diagnosis, or treatment.  We advise our users to seek the advice of a physician or qualified health care provider before starting any treatment or with questions you have regarding a medical condition.

 

We cannot and do not guarantee or warrant against errors or omissions in content provided on this site, irrespective of the source.  In addition, content available through this site often represents the opinions and judgments of an information provider, another site user, or other person or entity not connected with Sara Laufer Consulting.  We do not endorse, nor are we responsible for the accuracy or reliability of any opinion, advice, or statement made by these entities. 

 

It is your responsibility to evaluate the accuracy, completeness, or usefulness of any information, opinions, advice, forms or other content available on or through this site.  You are urged to consult an appropriate professional licensed in your jurisdiction before using any advice or information obtained on or through this site.  Under no circumstances will Sara Laufer Consulting be liable for any loss or damages caused by your reliance on information or advice obtained through this site.

 

5.            Indemnification

 

User agrees to indemnify and hold Sara Laufer Consulting, its parents, subsidiaries, affiliates, officers and employees, harmless from any liabilities, claims, expenses or demands, including reasonable attorneys’ fees and costs, made by any third party due to or arising out of User’s use or misuse of the site, the violation of this Agreement, or infringement by User, or other user of the site using User’s computer, of any intellectual property or any other right of any person or entity.  Sara Laufer Consulting reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event User will cooperate with Sara Laufer Consulting in asserting any available defenses.

 

6.            Modifications and Interruption to Service

 

Sara Laufer Consulting reserves the right to modify or discontinue the site, including any features therein, with or without notice to the User. Sara Laufer Consulting shall not be liable to User or any third party should Sara Laufer Consulting exercise its right to modify or discontinue the Service.  Any new features that enhance or augment the then-current services on this site shall be subject to this Agreement.  User acknowledges and accepts that Sara Laufer Consulting does not guarantee continuous, uninterrupted or secure access to our website and operation of our website may be interfered with or adversely affected by numerous factors or circumstances outside of our control.

 

7.            Third-Party Sites

 

Our website may include links to other sites on the Internet that are owned and operated by online merchants and other third parties, and which may contain references to information, software, materials, products, and/or services provided by the third party.  These third party sites may contain information which some people consider inappropriate or offensive.  You acknowledge that these third party sites are beyond our control, and we are not responsible for the availability of, or the content located on or through, any third-party site.  You should contact the site administrator or webmaster for those third-party sites if you have any concerns regarding such links or the content located on such sites.  Your use of those third-party sites is subject to the Terms of Use and privacy policies of each site, and we are not responsible therein. We encourage all Users to review said privacy policies of third-parties’ sites.  The inclusion of a link or reference to the third party site is provided merely as a convenience and does not imply endorsement of or association with the site or party by use, or any warranty of any kind.

 

8.            Governing Jurisdiction of the Courts 

 

Our website is operated and provided in the State of Washington, United States of America.  As such, we are subject to the laws of the State of Washington, and such laws will govern this Agreement, without giving effect to any choice of law rules.  We make no representation that our website or other services are appropriate, legal or available for use in other locations.  Accordingly, if you choose to access our site you agree to do so subject to the internal laws of the State of Washington. 

 

Each of us agrees that any dispute, claim or controversy arising out of or relating to this Agreement or its breach, termination, enforcement, interpretation or validity, including the determination of the scope or applicability of this arbitration clause, shall be determined by arbitration in Seattle, Washington, before one arbitrator. The arbitration shall be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures. Judgment on the Award may be entered in any court having jurisdiction.

 

9.            Compliance with Laws

 

User assumes all knowledge of applicable law and is responsible for compliance with any such laws.  User may not use the Service in any way that violates applicable state, federal, or international laws, regulations or other government requirements. User further agrees not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, or international law or regulation. Because of the global nature of the Internet, you agree to comply with all local rules with respect to your account, your submissions on the site, and your online conduct, including all laws, rules, codes and regulations of the country and state in which you reside and from which you access this site.  This site is intended to be made available to only U.S. residents.  This site is not a solicitation for or offering of any service to any person in any jurisdiction where such solicitation or offering would be illegal.

 

10.            Copyright and Trademark Information 

 

© 2006-2011 Sara Laufer Consulting, All Rights Reserved.

 

User acknowledges and agrees that all content included or available on this site, including site design, text, graphics, music, video, interfaces, and the selection and arrangements thereof is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws, and is the sole property of Sara Laufer Consulting or the respective owners.  You are only permitted to use the content as specifically authorized by us.  

 

Sara Laufer Consulting grants to User a limited, revocable, nonexclusive, nontransferable license to view, store, bookmark, download, and print the pages within this site solely for User's personal, informational and noncommercial use or as expressly authorized by Sara Laufer Consulting in writing.

 

Any use of materials on the website, including reproduction for purposes other than those noted above, modification, distribution, or replication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of an authorized officer of Sara Laufer Consulting, is strictly prohibited.  Users agree that they will not use any robot, spider, or other automatic device, or manual process to monitor or copy our web pages or the content contained therein without prior written permission of an authorized officer of Sara Laufer Consulting.

 

Sara Laufer ConsultingSM , Whatgirl® and Whatgirl®.netSM are proprietary marks of Sara Laufer Consulting.  Sara Laufer Consulting’s trademarks and/or service marks may not be used in connection with any product or service that is not provided by Sara Laufer Consulting, in any manner that is likely to cause confusion among customers or users of the site, or in any manner that disparages or discredits Sara Laufer Consulting.

 

All trademarks and/or service marks displayed on Sara Laufer Consulting’s website are the exclusive property of their respective owners.

 

11.            Notification of Claimed Copyright Infringement

 

Pursuant to Section 512(c) of the Copyright Revision Act, as enacted through the Digital Millennium Copyright Act, Sara Laufer Consulting.com designates the following individual as its agent for receipt of notifications of claimed copyright infringement.

 

By Mail

Sara Laufer Consulting 

PO Box 4872

Federal Way, WA 98063 USA

By Telephone: 650-444-0586 (Voice/TTY)

By E-mail: ad@whatgirl.net

 

To be effective the notification should include: (a) a physical or electronic signature of the person authorized to act on behalf of the owner of the right being infringed; (b) identification of the copyrighted work claimed to have been infringed; (c) information sufficient to allow us to contact the complaining party; (d) identification of the material that is claimed to be infringing; (e) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, agent, or the law; and (f) a statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of the right being infringed.

 

User acknowledges and agrees that upon receipt and notice of a claim of copyright infringement, we may immediately remove the identified materials from our site without liability, and the claims of the complaining party and party that originally posted the materials will be referred to the United States Copyright Office for adjudication as provided in the Digital Millennium Copyright Act.

 

12.            Botnets

 

Sara Laufer Consulting retains the right, at our sole discretion, to terminate any accounts or users involved with botnets and related activities. If any hostnames are used as command and control points for botnets, Sara Laufer Consulting reserves the right to direct the involved hostnames to a honeypot, loopback address, logging facility, or any other destination at our discretion.

 

13.            Other Terms

 

If any provision of this Agreement shall be unlawful, void or unenforceable for any reason, the other provisions (and any partially-enforceable provision) shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent. 

 

You agree that this Agreement and any other agreements referenced herein may be assigned by Sara Laufer Consulting, in our sole discretion, to any third party at any time.  You may not transfer or assign any of your rights and obligations under this Agreement, and any attempt to do so will be null and void.

 

This Agreement, together with the site Privacy Policy, shall constitute the entire agreement and understanding between us concerning the subject matter hereof and supersedes all prior agreements and understanding of the parties with respect thereto. Any attempt to modify or supplement the terms of this Agreement and/or the Privacy Policy shall be null and void unless agreed to in a written agreement signed by you and us.

 

User agrees that by accepting this Agreement, User is consenting to the use and disclosure of their Personally Identifiable Information and other practices described in our Privacy Policy Statement. 

 

All notices under this Agreement to either party (either you or us) shall be in writing and made either via e-mail or conventional mail.  Notices to you will be sent to either your e-mail or address provided by you in establishing your account.  Notices to us must be sent to the attention of Customer Service at ad@whatgirl.net, or at Sara Laufer Consulting, PO Box 4872, Federal Way, WA, 98063  USA , if by conventional mail.  Any notice will be deemed delivered to the party receiving such communication (a) on the delivery date if delivered personally to the party; (b) two business days after deposit with a commercial overnight carrier, with written verification of receipt; (c) five business days after the mailing date, if sent by US mail, return receipt requested; (d) on the delivery date if transmitted by confirmed facsimile; or (e) on the delivery date if transmitted by confirmed e-mail.

 

In any action to enforce this Agreement, the prevailing party will be entitled to costs and attorneys’ fees. 

 

Any failure by us to enforce or exercise any provision of this Agreement shall not constitute a waiver of that provision.

 

14.             Submissions

 

Some areas of this site may allow Users to communicate and/or submit information on or through this site, such as bulletin board postings, e-mail, messages, suggestions, ideas, fictional work, non-fiction material, photographs, drawings, or concepts (each, a "Submission").  Subject to our Privacy Policy, any communication or material that Users transmit to this site or to us, whether by electronic mail or other means, for any reason, will be treated as non-confidential and non-proprietary.  Please do not submit confidential or proprietary information to us unless we have mutually agreed in writing otherwise.

 

By making a Submission, solicited or unsolicited, to the site and/or Sara Laufer Consulting, you hereby agree to the following terms and conditions.

 

A.  You are 18 years of age or older and a resident of the United States as of the date of Submission.

 

B.  By transmitting a Submission you are granting us a royalty-free, nonexclusive, perpetual, unrestricted, worldwide license to publish, transmit, perform, display and otherwise use the Submission for any purpose, including, but not limited to, advertising and promotional purposes. We also have the right, but not the obligation, to use your name, photograph or likeness, city and state in connection with broadcast, print, online or other use or publication of your Submission. All Submissions become the property of Sara Laufer Consulting and may be edited for use.

 

C.  You will receive no compensation of any kind in exchange for your Submission, whether it is used by us or not. 

 

D.  Sara Laufer Consulting will not keep your Submission secret. 

 

E.  There is no existing business or other relationship between Sara Laufer Consulting and you, and you acknowledge that no confidential or fiduciary relationship, either expressed or implied, is created by reason of the fact that your Submission is used by Sara Laufer Consulting.  

 

F.  You agree that receipt, consideration, or use of your Submission by Sara Laufer Consulting shall not affect any rights that Sara Laufer Consulting might have to contest the validity of any intellectual property rights therein, including patents, trademarks, or copyrights.

 

G.  While Sara Laufer Consulting intends to give your Submission such consideration as Sara Laufer Consulting, in its exclusive judgment, may believe is merited, you acknowledge that Sara Laufer Consulting may reject your Submission without any obligation to provide you with any response, reason or justification for such rejection. Submissions will not be acknowledged by Sara Laufer Consulting or returned to the User.

 

H.  You represent and warrant that, to the best of your knowledge, you are the sole originator of the Submission, and the Submission does not infringe the intellectual property rights of others.  By making the Submission, you agree to indemnify, defend, and hold Sara Laufer Consulting, its parents, subsidiaries, affiliates, officers and employees, harmless from any liabilities, claims, expenses or demands, including reasonable attorneys’ fees and costs, made by any third party due to or arising out of your Submission.  Sara Laufer Consulting reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with Sara Laufer Consulting in asserting any available defenses.