- Description of Service.
Everything Started As Nothing is providing Member with website access. Member must provide (1) all equipment necessary for their own Internet connection, including computer and modem and (2) provide for Member’s access to the Internet, and (3) pay any fees relate with such connection.
- Disclaimer of Warranties.
The site is provided by Everything Started As Nothing on an “as is” and on an “as available” basis. To the fullest extent permitted by applicable law, Everything Started As Nothing makes no representations or warranties of any kind, express or implied, regarding the use or the results of this web site in terms of its correctness, accuracy, reliability, or otherwise. Everything Started As Nothing shall have no liability for any interruptions in the use of this Website. Everything Started As Nothing disclaims all warranties with regard to the information provided, including the implied warranties of merchantability and fitness for a particular purpose, and non-infringement. Some jurisdictions do not allow the exclusion of implied warranties, therefore the above-referenced exclusion is inapplicable.
- Limitation of Liability.
EVERYTHING STARTED AS NOTHING SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER, AND IN PARTICULAR EVERYTHING STARTED AS NOTHING SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOSS OF REVENUE, OR LOSS OF USE, ARISING OUT OF OR RELATED TO THIS WEB SITE OR THE INFORMATION CONTAINED IN IT, WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW, OR OTHERWISE, EVEN IF EVERYTHING STARTED AS NOTHING HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE SOME OF THE ABOVE LIMITATIONS IS INAPPLICABLE.
Member agrees to indemnify and hold Everything Started As Nothing, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorneys’ fees and costs, made by any third party due to or arising out of Member’s use of the Service, the violation of this Agreement, or infringement by Member, or other user of the Service using Member’s computer, of any intellectual property or any other right of any person or entity.
- Modifications and Interruption to Service.
Everything Started As Nothing reserves the right to modify or discontinue the Service with or without notice to the Member. Everything Started As Nothing shall not be liable to Member or any third party should Everything Started As Nothing exercise its right to modify or discontinue the Service. Member acknowledges and accepts that Everything Started As Nothing 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.
- Third-Party Sites.
- Governing Jurisdiction of the Courts of the State of Texas.
- Compliance with Laws.
Member assumes all knowledge of applicable law and is responsible for compliance with any such laws. Member may not use the Service in any way that violates applicable state, federal, or international laws, regulations or other government requirements. Member 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.
- Copyright and Trademark Information.
All content included or available on this site, including site design, text, graphics, interfaces, and the selection and arrangements thereof is © 2015 Everything Started As Nothing, with all rights reserved, or is the property of Everything Started As Nothing and/or third parties protected by intellectual property rights. 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 Everything Started As Nothing is strictly prohibited. Members 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 Everything Started As Nothing.Ben’s Dream™ and www.BensDream.com™ are proprietary marks of Everything Started As Nothing. Everything Started As Nothing’s trademarks may not be used in connection with any product or service that is not provided by Everything Started As Nothing, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Everything Started As Nothing.
All other trademarks displayed on Everything Started As Nothing’s website are the trademarks of their respective owners, and constitute neither an endorsement nor a recommendation of those Vendors. In addition, such use of trademarks or links to the web sites of Vendors is not intended to imply, directly or indirectly, that those Vendors endorse or have any affiliation with Everything Started As Nothing.
- Notification of Claimed Copyright Infringement.
Pursuant to Section 512(c) of the Copyright Revision Act, as enacted through the Digital Millennium Copyright Act, Everything Started As Nothing designates the following individual as its agent for receipt of notifications of claimed copyright infringement.
By Mail: – 23046 Avenida De La Carlota. Suite 600. Laguna Hills, CA 92653
By Email: start@EverythingStartedAsNothing.com
- Other Terms.