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Legal Stuff

Last Updated: February 13, 2008

Welcome to SusanPowterOnline.com, and thanks for visiting! Here’s all the legal stuff you need to know about using SusanPowterOnline.com.

Acceptance of Legal Stuff Through Use

By using the SusanPowterOnline.com Web site you signify your agreement to all of these legally binding terms, conditions and notices (the “Legal Stuff”). If you do not agree to the Legal Stuff please do not use SusanPowterOnline.com or any portion of it. We reserve the right, at our discretion, to revise the Legal Stuff at any time. Any such revisions will be effective immediately upon being posted on SusanPowterOnline.com. Please periodically check the Legal Stuff for changes and revisions, because your continued use of SusanPowterOnline.com following the posting of any changes to the Legal Stuff constitutes your acceptance of those changes. If we change the Legal Stuff, we may change the date the Legal Stuff was last updated at the top of the Legal Stuff, but you will be bound by the revised Legal Stuff whether or not we update the date the Legal Stuff was last updated if you continue to use SusanPowterOnline.com. Please note that our Privacy Policy is a part of, and hereby incorporated into, the Legal Stuff, so please make sure that you read our Privacy Policy too. By agreeing to the Legal Stuff, you are also agreeing to our Privacy Policy.

Proprietary Rights

We, our content partners, and our users who lawfully post text, messages, information, software, images, audio and video (“Content”) on SusanPowterOnline.com own the rights to that Content. The Content is protected by international treaties, and by copyright, trademark and patent and other proprietary rights. For example, Susanism, Inc. (“Susanism”), which owns SusanPowterOnline.com, owns a copyright in the selection, organization, arrangement, and enhancement of the Content, as well as in our original Content. (As used in the Legal Stuff references to “SusanPowterOnline.com” refer to the SusanPowterOnline.com web site or to Susanism.) The look and feel of the color combinations, button shapes, and other graphical elements on SusanPowterOnline.com are also owned by SusanPowterOnline.com. Additionally, Susanism has exclusive trademark rights in the SusanPowterOnline.com name and logo as well as certain other logos on the Web site.

Limited License to Use SusanPowterOnline.com

You may use SusanPowterOnline.com and the Content offered on SusanPowterOnline.com only for personal, non-commercial purposes. You may use Content offered for downloading, such as photos and music, for personal use only and subject to the rules that accompany that particular Content. You may not use any Content in a manner that exceeds the rights granted for your use of the Content. You may print or download one copy of the SusanPowterOnline.com Content on any single computer for your personal, non-commercial use, provided you keep intact all copyright and other proprietary notices. You may not use any data mining software, robots, or similar data gathering and extraction tools on the Content, frame any portion of SusanPowterOnline.com or the Content, or reproduce, reprint, copy, store, publicly display, broadcast, transmit, modify, translate, port, publish, sublicense, assign, transfer, sell, loan, or otherwise distribute the Content without our prior written consent. You may not circumvent any mechanisms included in the Content for preventing the unauthorized reproduction or distribution of the Content.

Guidelines for Commenting

We invite you to view, submit questions and comment on SusanPowterOnline.com. We love and appreciate your participation, and in order to keep it fun and interesting, we ask you to please follow these guidelines in using SusanPowterOnline.com:

1. Obviously, this Web site is open to the public, so think about what you include in your comments. Don’t include anything in a comment that you would like to keep private. For personal safety reasons, please DO NOT include any personal information (e.g., full name, address, phone number, etc.) about you or anyone else. Please note that any personal information you do post to any public area of SusanPowterOnline.com will be public, and we do not necessarily monitor or remove such information.

2. SusanPowterOnline.com reserves the right to do anything we want with any submitted comments, including deleting, editing, copying, creating derivative works based on, distributing and publishing them forever in any media anywhere.

3. Disagreement and respectful differences of opinion are welcome. Hate speech, name calling, obscenity, vulgarity and defamatory comments are not. Including portions of other people’s stuff (with credit) for comment or criticism is okay, but posting other people’s stuff as your own is not allowed. You are responsible for your conduct and for obtaining any necessary permission to post any third party owned data, text, graphics, audio or video clips or other stuff you include in a submitted comment.

4. You can share a link to your own Web site or blog in your “Ask Susan” submission. However please do not include links to sites that contain content that would not be permissible under the Legal Stuff.

More Web Site Rules and Communications Features Terms

Certain areas of SusanPowterOnline.com may allow you to post Content, such as pictures, videos, music, written materials, etc., that can be accessed and viewed by the public in general (“Public Forum”). You may only post Content that you created or that you have permission to post to Public Forums. You may not post Content that violates the Legal Stuff or our Privacy Policy.

You agree that we are not responsible or liable for Content that is provided by users or other third parties. We have no duty to pre-screen Content, but we have the right to edit or refuse to post submitted Content. We reserve the right to remove Content for any reason, but we are not responsible for any failure or delay in removing such material.

By submitting comments regarding SusanPowterOnline.com or otherwise using any of the communications features that may be available to you on or through SusanPowterOnline.com, you agree that you will comply with the Guidelines for Commenting and that you will not upload, post, or otherwise distribute or facilitate distribution of any content — including text, graphics, software, images, video, sounds or other audio, data or other information — that:

a. is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, patently offensive, vulgar, tortious, contains explicit or graphic descriptions or accounts of sexual acts (including but not limited to sexual language of a violent or threatening nature directed at another individual or group of individuals) or links to an adult Web site, or otherwise violates the Legal Stuff or our Privacy Policy;
b. victimizes, harasses, exploits, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, gender identity and expression, race, ethnicity, age, or disability;
c. infringes any patent, trademark, trade secret, copyright, privacy/publicity rights, or other proprietary rights of any party, or promotes the infringement of the same, including by providing pirated computer programs or links to them, providing pirated music or video, or links to pirated music or video files, and/or providing information or the means to circumvent copy-protection technology;
d. constitutes unauthorized or unsolicited advertising, junk or bulk e-mail (also known as “spamming”), chain letters, any other form of unauthorized solicitation, harvesting or collecting of e-mail addresses or other contact information of others for sale or any other misuse of such information or for any form of lottery or gambling or that solicits passwords or personally identifying information for commercial or unlawful purposes;
e. furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to, making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses;
f. involves commercial activities, promotion and/or sales without our prior written consent;
g. 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 other information of any third party or contains restricted or password only access or hidden pages or images (those not linked to or from another accessible page);
h. impersonates any person or entity; or
i. interferes with the operation of SusanPowterOnline.com or the use of SusanPowterOnline.com by others.

You also agree that you will not harvest or collect information about SusanPowterOnline.com or its users, or use such information for the purpose of transmitting (or facilitating transmission of) unsolicited bulk electronic e-mail or communications. You further agree that you will not knowingly solicit or collect personal information from a minor. Personal information includes but is not limited to name, address, phone number or name of a minor’s school.

You acknowledge that anything you submit to SusanPowterOnline.com by way of any Public Forum may be routed through our servers, the servers of one or more third parties on our behalf, and the Internet, and may be viewed on the Internet by the general public and that, therefore, you have no expectation of privacy with regard to any such submission. You acknowledge that Public Forums and features offered therein are for public and not private communications. Please keep in mind that whenever you give out personal information online, through any media, including without limitation, a Public Forum, that information can be collected and used by people you don’t know. We cannot guarantee the security of any information you disclose through any of these media; you make such disclosures at your own risk.

You are and shall remain solely responsible for the Content you submit and/or post in any Public Forum and for the consequences of submitting and posting same. You acknowledge that the use of your submitted/posted Content in any Public Forum is at your own risk. For example, we are not responsible for, and we do not endorse, the opinions, advice or recommendations posted or sent by users in any Public Forum and we specifically disclaim any and all liability in connection therewith.

Content Posted by Content or Advertising Partners

Some of the Content posted on SusanPowterOnline.com is posted by third party content or advertising partners (“Third Party Content”) with whom we have relationships (“Content Providers”). You hereby acknowledge that (i) SusanPowterOnline.com is not responsible for any aspect of such Third Party Content, (ii) the Content Provider posting such Third Party Content is solely and exclusively responsible for the content of such Third Party Content, (iii) SusanPowterOnline.com does not endorse or sponsor any such Third Party Content (or products or services mentioned or advertised therein), (iv) SusanPowterOnline.com makes no express or implied warranties whatsoever with respect to the accuracy, relevancy, legality or decency of material contained in such Third Party Content, and (v) SusanPowterOnline.com cannot and does not guarantee that Third Party Content complies with the Legal Stuff or our Privacy Policy.

Monitoring of Content

SusanPowterOnline.com, itself or through its agents and contractors, has the right but not the obligation, at its sole discretion, to remove any Content or comment that, in its sole judgment, does not comply with the Legal Stuff, or is otherwise harmful, objectionable, inaccurate or inappropriate. SusanPowterOnline.com is not responsible for any failure or delay in removing such Content. SusanPowterOnline.com is not responsible for any Content posted on SusanPowterOnline.com by users that violates the Legal Stuff or our Privacy Policy.

License to User Submitted Content

We do not claim ownership of any Content that you may post. However, by submitting or posting any Content, including, but not limited to, comments on SusanPowterOnline.com, you grant SusanPowterOnline.com and its owners, principals, affiliates, subsidiaries and licensees the right to use, reproduce, edit, create derivative works based on, publish, publicly perform, display, perform, adapt, modify, distribute, have distributed, and promote such Content in any medium and for any purpose anywhere for as long as SusanPowterOnline.com wants; and you warrant and represent that you own or otherwise control all of the rights to such Content, and that public posting and use of your Content by SusanPowterOnline.com and its owners, principals, affiliates, subsidiaries and licensees will not infringe or violate the rights of any third party.

Links to Third Party Sites

SusanPowterOnline.com may link you to other Web sites on the Internet. While we strive to offer links to Web sites we think you’ll enjoy and find useful, it is possible that any linked Web site may contain information or material that some people may find uninteresting, irrelevant, inappropriate or offensive. These other linked sites are not necessarily under the control of SusanPowterOnline.com, and you acknowledge that SusanPowterOnline.com is not responsible for the accuracy, legality, decency, or any other aspect of the content of any third party linked Web sites. The inclusion of a link to any such third party site does not necessarily imply endorsement of, or association with, such other Web site by SusanPowterOnline.com or by Susan Powter herself.

The Legal Stuff applies only to SusanPowterOnline.com and not to any linked site. Before using and/or providing any personal information to any linked Web site, please check that Web site’s legal stuff and privacy policy, which are completely separate from, and unrelated to, SusanPowterOnline.com’s Legal Stuff and Privacy Policy.

Unsolicited Ideas and Proposals

It is our policy not to consider unsolicited ideas from anyone other than current employees. It’s not that great ideas cannot come from our valued users. Each year, however, we receive numerous unsolicited ideas and proposals for products, services, Web site opportunities and entertainment programs. Due to the mass volume of these unsolicited ideas and the business challenge of determining what is truly a “new” idea versus a concept that is already in development, being tested, or previously considered, we must adhere to a strict policy not to accept or review any unsolicited ideas. As a result, we must decline any invitation to review your idea, and hope you can understand and appreciate our business reasons for making this company decision. We do, however, greatly appreciate your interest.

Accordingly, please do not send us any unsolicited materials such as ideas, concepts, pitches, suggestions, stories, screenplays, treatments, formats, artwork, photographs, drawings, videos, audiovisual works, musical compositions (including lyrics), sound recordings, program formats, characterizations and/or other similar materials (“Unsolicited Submissions”). If, despite our request, you intentionally or unintentionally send us any Unsolicited Submissions, we shall be entitled to unrestricted use of such Unsolicited Submissions for any purpose whatsoever, commercial or otherwise, without the requirement of any permission from or payment to you or to any other person or entity. No Unsolicited Submission shall be subject to any obligation of confidentiality on our part and we shall not be liable for any use or disclosure of any Unsolicited Submission.

Further, in consideration of SusanPowterOnline.com’s continuing efforts to enhance and improve its Web site and other offerings, by submitting an Unsolicited Submission you agree to, and thereby do, sell, transfer and assign all right, title and interest in and to such Unsolicited Submission to us without the requirement of any permission from, or payment to, you or to any other person or entity. You hereby appoint us as your agent and attorney-in-fact with full power to enter into and execute any document and/or do any act we may consider appropriate to confirm and perfect our rights in any Unsolicited Submission.

You agree that any Unsolicited Submissions are not being made in confidence or trust, and that no confidential or fiduciary relationship is intended or created between you and us in any way. To the extent any “moral rights,” “ancillary rights,” or similar rights in or to the Unsolicited Submissions exist and are not exclusively owned by us, you agree not to enforce any such rights as to us or our licensees, distributors, agents, representatives and other authorized users, and you shall procure the same agreement not to enforce from any others who may possess such rights in any Unsolicited Submission.

Special Note Regarding Diet & Fitness Information on SusanPowterOnline.com

This Web site provides content and information intended to assist users to live more healthy lifestyles. SusanPowterOnline.com is not a medical organization, and cannot give you medical advice or diagnose any medical condition(s). Nothing contained in this Web site should be interpreted as constituting such advice or diagnosis. This Web site is not a substitute for evaluation, consultation with, and treatment by a physician. Prior to engaging in any exercise or vigorous physical activity, you should consult your physician or other health professional and all exercises and/or other physical activities should be performed with care and common sense. Similarly, you should take care to make sure that you follow any recipe instructions carefully and make sure that the recipe is appropriate for your diet (e.g., make sure you're not allergic to any of the ingredients). It's your responsibility to ensure that you have a healthy, well-balanced diet. You agree that you assume any and all risk associated with engaging in any of the activities depicted, and/or making any of the recipes presented, on SusanPowterOnline.com (or in any newsletter, e-mail or other communication from SusanPowterOnline.com that you may have signed-up for). SusanPowterOnline.com assumes no responsibility for any loss, damages or injury that you may suffer as a result of your decision to engage in any of the activities depicted, or make any of the recipes published, on SusanPowterOnline.com. SusanPowterOnline.com expressly disclaims any and all responsibility for any losses, damages or injuries, however caused, as a result of your decision to engage in any of the activities depicted, or make any recipe published, on SusanPowterOnline.com.

DISCLAIMER OF WARRANTIES

ALL CONTENT INCLUDED IN OR AVAILABLE THROUGH SUSANPOWTERONLINE.COM IS PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE. THE CONTENT, MATERIALS AND PRODUCTS ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. SUSANPOWTERONLINE.COM, ITS OWNERS, PRINCIPALS, AFFILIATES, SUBSIDIARIES, LICENSORS, LICENSEES, MANAGERS, AGENTS, REPRESENTATIVES AND THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS AND CONTRACTORS DISCLAIM ANY WARRANTIES THAT: (i) THE CONTENT, MATERIALS AND PRODUCTS ARE ACCURATE, RELIABLE OR CORRECT; (ii) SUSANPOWTERONLINE.COM WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (iii) ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR (iv) SUSANPOWTERONLINE.COM, ITS SERVERS, OR E-MAIL SENT FROM THIS SITE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF SUSANPOWTERONLINE.COM IS SOLELY AT YOUR RISK. BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, SOME OR ALL OF THESE EXCLUSIONS MAY NOT APPLY TO YOU.

LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES SHALL SUSANPOWTERONLINE.COM, ITS OWNERS, PRINCIPALS, AFFILIATES, SUBSIDIARIES, LICENSORS, LICENSEES, MANAGERS, AGENTS, REPRESENTATIVES OR THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS OR CONTRACTORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR INABILITY TO USE, SUSANPOWTERONLINE.COM. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF SUSANPOWTERONLINE.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SUSANPOWTERONLINE.COM’S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

Indemnification

Upon a request by SusanPowterOnline.com, you agree to defend, indemnify, and hold harmless SusanPowterOnline.com and its owners, principals, affiliates, subsidiaries, licensors, licensees, managers, agents, representatives and their employees, contractors, officers, and directors from all liabilities, claims, and expenses, including attorney’s fees, that arise from (i) your use or misuse of SusanPowterOnline.com; (ii) your violation of the Legal Stuff or our Privacy Policy; (iii) your violation of any law or third party right, including without limitation any third party’s copyright, trademark, privacy/publicity or other proprietary rights; (iv) claims arising from your accounts; or (v) any claim that any Content posted by you caused damage to a third party. SusanPowterOnline.com 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 SusanPowterOnline.com in asserting any available defenses. This defense and indemnification obligation will survive the termination or expiration of the Legal Stuff and your use of SusanPowterOnline.com.

International Use

SusanPowterOnline.com makes no representation that the Content of, or products available through, SusanPowterOnline.com are appropriate or available for use in locations outside the United States. Accessing SusanPowterOnline.com from territories where the site contents are illegal is strictly prohibited. Those who choose to access SusanPowterOnline.com from locations outside the United States do so at their own risk and at their own discretion, and are responsible for compliance with all local laws.

Our Copyright Policy

We abide by the federal Digital Millennium Copyright Act (“DMCA”) by responding to notices of alleged infringement that comply with the DMCA and other applicable laws. If you are a copyright owner or an agent thereof and believe that any Content infringes upon your copyright rights, you may submit a notification pursuant to the DMCA by following the procedures described below. As part of our response, we may remove or disable access to Content residing on SusanPowterOnline.com that is claimed to be infringing, in which case we will make a good-faith attempt to contact the person who submitted the affected Content so that they may make a counter notification, also in accordance with the DMCA.

Before serving either a notice of infringing material or a counter-notification, you may wish to contact a lawyer to better understand your rights and obligations under the DMCA and other applicable laws. The following notice requirements are intended to comply with our rights and obligations under the DMCA and, in particular, section 512(c), and do not constitute legal advice.

Notice of Infringing Material

To file a notice of infringing on SusanPowterOnline.com, please provide a notification containing the following details:

* Reasonably sufficient details to enable us to identify the work claimed to be infringed or, if multiple works are claimed to be infringed, a representative list of such works (e.g., title, author, URL);
* Reasonably sufficient detail to enable us to identify and locate the material that is claimed to be infringing (e.g., a link to the page that contains the material);
* Your contact information so that we can contact you (e.g., your address, telephone number, e-mail address);
* A statement that you have a good faith belief that the use of the material identified in (2) 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
* Your physical or electronic signature.

You must send this notice by mail, fax, or e-mail to:

Bruce Dick, Esq.
Perkin Coie LLP
411 108th Ave., Suite 700
Bellvue, WA 98004
Phone: (425) 635-1409

Facsimile: (425) 635-2400

E-mail: BDick@perkinscoie.com

Counter Notification

If material that you have posted to SusanPowterOnline.com has been taken down, you may file a counter-notification that contains the following details:

* Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or 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 (e.g., your address, telephone number, e-mail 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, for any judicial district in which we 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.

You must send this notice by mail, fax, or e-mail to:

Bruce Dick, Esq.
Perkin Coie LLP
411 108th Ave., Suite 700
Bellvue, WA 98004
Phone: (425) 635-1409

Facsimile: (425) 635-2400

E-mail: BDick@perkinscoie.com


Choice of Law & Forum; Statute of Limitations

You agree that the Legal Stuff shall be governed by the internal substantive laws of the State of New York, without reference to its conflict of laws principles. Any claim or dispute between you and SusanPowterOnline.com that arises in whole or in part from your use of SusanPowterOnline.com shall be decided exclusively by a court of competent jurisdiction located in New York County, New York.

YOU AND SUSANPOWTERONLINE.COM AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO SUSANPOWTERONLINE.COM MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

Waiver

No waiver of any of the Legal Stuff shall be deemed a further or continuing waiver of such term or any other term, and SusanPowterOnline.com’s failure to assert any right or provision under the Legal Stuff shall not constitute a waiver of such right or provision.

Severability & Integration

Unless otherwise specified herein, the Legal Stuff and Privacy Policy constitute the entire agreement between you and SusanPowterOnline.com with respect to your use of SusanPowterOnline.com and supersedes all prior or contemporaneous communications and proposals (whether oral, written, or electronic) between you and SusanPowterOnline.com with respect to SusanPowterOnline.com. If any part of the Legal Stuff is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.

Termination

Your right to use SusanPowterOnline.com automatically terminates if you violate the Legal Stuff or the Privacy Policy. We also reserve the right, in our sole discretion, to terminate your access to all or part of SusanPowterOnline.com, for any reason or no reason at all, with or without notice. Upon termination, you must cease use of SusanPowterOnline.com and destroy all materials obtained from SusanPowterOnline.com, whether made under these terms of use or otherwise.

Ability to Enter Into This Agreement; Use by Children Under the Age of 13

You affirm that you are either 18 or older, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in the Legal Stuff, and to abide by and comply with the Legal Stuff. SusanPowterOnline.com is not intended for children under 13. If you are under 13 years of age, please do not use SusanPowterOnline.com. There are lots of other great Web sites for you. Talk to your parents about what sites are appropriate for you.

Assignment

The Legal Stuff, and any rights and/or licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by SusanPowterOnline.com without restriction.