Product Information and Website Terms of Use

This is a legal agreement (the “Agreement“) between you (either as an individual or as an authorized agent of your employer) and Pause for Inspiration (“Pause“). By ordering a product or using information or services from this website, you agree to all of the following terms and conditions:

 

GENERAL:

 

Pause is providing products, information and services on and through the World Wide Web in furtherance of its not-for-profit and tax exempt status. Permission to use, copy and distribute documents provided by Pause is hereby granted for private, non-commercial and educational purposes only, and not for resale, directly or indirectly, or sales or use for money or compensation. Pause’s books, cards and printed information, whether or not in printed or electronic form, are copyright and any copying of such items must bear the Pause copyright. The names and logos of Pause may not be used without specific, written prior permission. Pause makes no representation or warranty about the suitability of its products, information and services for any purpose other than as expressly stated by Pause and such products, information and services are provided “as is” and on an “as available” basis, without express or implied warranty. Pause disclaims all warranties with regard to such products, information and services, including all warranties of merchant-ability, fitness for a particular purpose, non-infringement or other violation of rights.

 

Information contained on this site and in Pause’s products, information and services is intended as an educational aid only. Information is not intended as medical advice for individual conditions or treatment and is not a substitute for medical examination, nor does it replace the need for services provided by medical professionals. Pause and its members, sponsors, officers, directors and agents do not assume any responsibility or risk for the use of any information provided by Pause.

 

Pause does not exert editorial control over materials that are posted by third parties onto this site or other sites, or materials that are directed by third parties to any other persons. Pause is not responsible for any material posted by any third party and Pause specifically disclaims any and all liability for any claims or damages which result from any postings by third parties. Acceptance of an advertisement does not imply endorsement of the advertiser’s product(s) by Pause. Links established from this site do not imply endorsement of the site’s products or services by Pause. Pause is not responsible for the contents of any third party posts or comments or any viruses, content, or disputes resulting from your access of such third party posts or comments. You shall not upload, post, transmit, or otherwise make available in any way through the website any software or other materials that contain a computer virus, Trojan horse, bug, time bomb, worm, or other rogue programming.

 

Pause may terminate a user’s access to the website if the user is determined, in Pause’s sole discretion, to have infringed these terms of use or is inappropriate in Pause’s sole discretion. Inappropriate submissions include, without limitation, commercial solicitation, mass mailings, political campaigning, chain letters, or any form of “spam.” Pause reserves the right to decide whether a user submission is appropriate and complies with these terms of use for violations such as, but not limited to, pornographic, obscene, or defamatory material.Pause may remove such user submissions and/or terminate a user’s access for uploading such material in violation of these terms of use at any time, without prior notice and at its sole discretion. Pause reserves the right to remove or delete any submission, posting, comment, or communication without prior notice.

 

AVAILABILITY OF PRODUCTS:

 

Pause shall not be liable for failure or delay in its performance to supply any products, information or services, to the extent caused by an event beyond its reasonable control. If Pause is unable to supply the total requirements of its customers, Pause may allocate its available supply among its customers in a manner determined by Pause to be fair and equitable, in its sole discretion.

 

Quantities are generally limited to one per purchaser. Individuals and organizations wishing to qualify as an Inspiration Station and receive additional quantities, should contact Pause directly. Availability of books and products is strictly based on available inventory from time to time and availability can change without notice. Pause is a not-for-profit corporation and its ability to provide products, information or services is subject to support by its benefactors. Pause is not obligated to provide any support with respect to its products, information and services and may make changes to its products, information and services without notice or duty to provide updated versions of products or information.

 

COPYRIGHT INFRINGEMENT NOTIFICATION

(DIGITAL MILLENNIUM COPYRIGHT ACT)

 

A. Copyright Holder Information:

 

If you believe your copyright protected work was posted on the website without authorization, you may submit a copyright infringement notification. These requests should only be submitted by the copyright owner or an agent authorized to act on the owner’s behalf.

 

If you request removal of content by submitting an infringement notification, please be advised that you are initiating a legal process and misuse of this process may have legal consequences. Do not make false or unauthorized notifications.

 

To submit a copyright infringement notification send an email to Website Information at info@pauseforinformation.org (subject line: “DMCA Notification”) including your contact information (name, location with mailing address, telephone, and email), specific information concerning the work you are seeking to protect and your rights thereto, and identification information (such as the specific URL and username) for the infringing content and alleged violator. In addition, your notification must include the following statement verbatim: “I have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law and the information in this notification is accurate, and under penalty of perjury, I am the owner, or an agent authorized to act on behalf of the owner, of an exclusive right that is allegedly infringed.” Finally, include your physical or electronic signature on the notification evidencing that you are the copyright owner or a representative authorized to act on the owner’s behalf. You acknowledge that if you fail to comply with all of the requirements of this section, your DMCA Notification may not be valid.

 

Please be advised that Pause may send the infringement notice to the alleged infringer or, if Pause has any reason to suspect the validity of your complaint, to the rights holder. Please also note that a copy of each legal notice received by Pause may be sent to the Chilling Effects project (http://www.chillingeffects.org) for publication and annotation. It is Chilling Effects’ policy to redact the submitter’s personal contact information (i.e. phone number, e-mail and address).

 

B. User Information:

 

If you believe that your user submission or other content, which was removed (or to which access was disabled) pursuant to the above provision, is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use the content in your user submission, then you may send a counter notification to Website Information at info@pauseforinspiration.org (subject line: “DMCA Counter Notification”). The counter notification must include your contact information (name, location with mailing address, telephone, and email), specific information identifying the content that has been removed or to which access has been disabled (including the location, such as the specific URL, at which the content appeared before it was removed or disabled), and a statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content.

 

Please be advised that Pause may send the counter notice to the original complaining party informing that person that it may replace the removed content or cease disabling it within 10 business days. Unless the copyright owner files an action seeking a court order against the user who submitted the content, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more following receipt of the counter notification, at the sole discretion of Pause. Please also note that a copy of each counter notice received by Pause may be sent to the Chilling Effects project (http://www.chillingeffects.org) for publication and annotation. It is Chilling Effects’ policy to redact the submitter’s personal contact information (i.e. phone number, e-mail and address).

 

Pause’s designated agent to receive notification of claimed infringement is: [NAME], [TITLE], [COMPANY], [PHYSICAL ADDRESS], [EMAIL]. Please send all notifications via e-mail as described above.

 

INDEMNITY:

 

You agree to fully defend and indemnify Pause from any and all claims, liabilities, and costs (including reasonable attorney’s fees and costs) related to: (1) your use of any of Pause’s products, information or services to the maximum extent allowed by law; or (2) your violation of the terms and conditions of this Agreement.

 

LIMITATION OF LIABILITY:

 

In no event will Pause be liable, whether in contract, tort, or otherwise, for any incidental, special, indirect, consequential or punitive damages, including, but not limited to, damages for any loss of use, loss of time, inconvenience, commercial loss, or lost profits, savings, or revenues to the full extent such may be disclaimed by law relating in any way to Pause’s products, information or services or any acts of Pause’s officials, directors and agents.

 

CHOICE OF LAW; VENUE; LIMITATIONS:

 

You agree that the statutes and laws of the United States and the State of Missouri, USA, without regard to conflicts of laws principles, will apply to all matters relating to this Agreement or any products, information or services of Pause, and you agree that any litigation will be subject to the exclusive jurisdiction of the state courts in St. Louis County, Missouri, USA or federal courts in the City of St. Louis, Missouri, USA. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to this Agreement or any products, information or services of Pause must be filed within one (1) year after such claim or cause of action arose or be forever barred.

 

ENTIRE AGREEMENT:

 

This Agreement constitutes the entire agreement between you and Pause regarding Pause’s products, information or services, and supersedes all prior communications, negotiations, understandings, agreements or representations, either written or oral, if any. This Agreement may only be amended in written form, executed by you and Pause.

 

NO WAIVER:

 

The waiver by Pause of any breach of any provision of this Agreement will not operate or be construed as a waiver of any other or a subsequent breach of the same or a different provision.