TERMS & CONDITIONS OF USE
Welcome to our website! By using this website (the “Site”), you agree to comply with and be bound by the following terms and conditions of use. Please review these terms and conditions carefully. If you do not agree to these terms and conditions, you may not use the Site.
Wendybyford.com is operated by Chrysalis Business Systems, LLC (“us”, “we”, or “our”).
1. TERMS AND CONDITIONS. These terms and conditions (these “Terms”) specify the terms and conditions associated with access to and use of the Site. These Terms may be modified at any time by Chrysalis Business Systems, LLC upon the posting of modified terms and conditions. Any such modifications shall be effective immediately. You can view the most recent version of these Terms at any time by visiting the Site. Each use by you shall constitute and be deemed your unconditional acceptance of these Terms.
3. OWNERSHIP. All content included on the Site is and shall continue to be the property of Chrysalis Business Systems, LLC or its content suppliers and is protected under applicable copyright, patent, trademark, and other proprietary rights. Any copying, redistribution, use or publication by you of any such content or any part of the Site is prohibited, except as expressly permitted in these Terms. Under no circumstances will you acquire any ownership rights or other interest in any content by or through your use of the Site.
4. INTENDED AUDIENCE. The Site is intended for adults only. The Site is not intended for any children under the age of 18 and if you are under said age then you must discontinue your use of the Site immediately.
5. TRADEMARKS. The Site contains both un-registered and registered trademarks and service marks of Chrysalis Business Systems, LLC. Additionally, there may be trademarks and/or service marks on the Site and related to the Products (defined below) that are the protected property of third parties (collectively, the “Intellectual Property”). Without prior written permission from Chrysalis Business Systems, LLC, you may not:
- Use any trademarks or service marks that appear on the Site;
- Alter, modify, obscure, or remove any trademarks or service marks that appear on the Site or any of Chrysalis Business Systems, LLC’s products or services;
- Either explicitly, implicitly, or through acts of omission, represent yourself as acting on behalf of Chrysalis Business Systems, LLC; or
- Either explicitly, implicitly, or through acts of omission, represent yourself as a partner, affiliate, reseller, employee, contractor, vendor, advisor, or counsellor for Chrysalis Business Systems, LLC.
6. OTHER INTELLECTUAL PROPERTY RIGHTS. The Site is also protected by copyright and other intellectual property rights granted by the laws of the United States and foreign countries in which Chrysalis Business Systems, LLC does business. Except as expressly provided in these Terms, Chrysalis Business Systems, LLC, its suppliers and licensors own all right, title and interest in and to the Intellectual Property and the products and services offered on the Site (collectively, the “Products”). You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Products.
Chrysalis Business Systems, LLC always appreciates your feedback or other suggestions about Chrysalis Business Systems, LLC, but you understand that we may use them without any obligation to compensate you for them (just as you have no obligation to offer them). You grant us a non-exclusive, worldwide, royalty-free, sublicensable, transferable, irrevocable, perpetual license to use, modify, adapt, publish, perform, or derive new works from your feedback as we choose.
All trademarks, service marks, logos, trade names and any other proprietary designations of Chrysalis Business Systems, LLC used herein are trademarks or registered trademarks of Chrysalis Business Systems, LLC. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective parties.
7. SERVICE USE. Chrysalis Business Systems, LLC grants you a limited, revocable, nonexclusive license to use the Site solely for your own personal use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works, or other use. You agree not to copy materials on the Site, reverse engineer or break into the Site, or use materials, products or services in violation of any law. The use of the Site is at the discretion of Chrysalis Business Systems, LLC and Chrysalis Business Systems, LLC may terminate your use of the Site at any time.
8. AVAILABILITY, ERRORS AND INACCURACIES. We are constantly updating product and service offerings on the Site. We may experience delays in updating information on the Site and in our advertising on other web sites. The information found on the Site may contain errors or inaccuracies and may not be complete or current. Products or services may be mispriced, described inaccurately, or unavailable on the Site and we cannot guarantee the accuracy or completeness of any information found on the Site. We therefore reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.
9. PURCHASES. All products and services on the Site are sold by Chrysalis Business Systems, LLC or its affiliates. Your placement of an order through the Site is deemed your acceptance of an order. Once you place an order through the Site, you will be directed to an order confirmation page and an email confirming your order will be sent to the email address you provided to Chrysalis Business Systems, LLC or its affiliate. All purchases must be made with an acceptable method of payment as stated at checkout, provided that Chrysalis Business Systems, LLC reserves the right to change its accepted payment methods at any time. Chrysalis Business Systems, LLC will provide notice if its accepted payment methods change after you place an order. All prices are quoted in U.S. currency and all orders must be transacted in the same.
You warrant that all information provided to Chrysalis Business Systems, LLC when you place an order through the Site will be accurate, complete, and current. You are responsible for paying any applicable taxes and processing charges relating to any purchase you made through the Site.
The terms contained in this Section are subject to change without prior written notice at any time and at Chrysalis Business Systems, LLC sole discretion. By placing an order for products through the Site, you agree to be bound by and accept these Terms in effect at the time of such order.
After a transaction, your private information (credit cards, social security numbers, financials, etc.) will not be stored on our servers.
We reserve the right to refuse or cancel your order at any time for reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons.
We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.
10. RIGHTS IN PRODUCTS. Chrysalis Business Systems, LLC and its affiliates are the sole owners of all the Intellectual Property, and in particular the copyright, trademarks, trade secrets, database and patents, in the Products. Chrysalis Business Systems, LLC shall retain all ownership in and to Products and, subject to these Terms, all data transferred or received through the Products.
Use of the Products is governed by applicable agreements by and between Chrysalis Business Systems, LLC and its affiliates, and these Terms. You shall not use the Site, Products, or Intellectual Property except as specifically authorized under these Terms. Without limiting the foregoing, except as expressly authorized by applicable law, you shall not modify, rent, lease, loan, sell, distribute, transmit, broadcast, publicly perform or create derivative works based on the Products. In addition, you shall not adapt or use any trademark, trade name, or domain name similar to or likely to be confused with that of Chrysalis Business Systems, LLC or the Site, or take any other action that infringes or impairs Chrysalis Business Systems, LLC 's trademark rights.
Any reproduction, redistribution or use of the Products not in accordance with these Terms is expressly prohibited by law, and may result in severe civil and criminal penalties. Chrysalis Business Systems, LLC may prosecute violators to the maximum extent possible.
Certain Products may allow you to upload or import intellectual property. By uploading or importing such intellectual property, you thereby grant to Chrysalis Business Systems, LLC and its subsidiaries, agents, contractors, licensees and successors in business an irrevocable, perpetual, worldwide, royalty-free, and non-exclusive license to reproduce, distribute, modify, edit, display, adapt, create derivative works from and market and promote the content, for any commercial purposes, and in any medium now existing or hereinafter developed, and may sublicense to a third party the same, and to use, or allow such third party to use, your name, and likeness without your prior approval or the payment of any compensation. In addition, you agree that by submitting content to the Site, you hereby expressly permit Chrysalis Business Systems, LLC, and any third party permitted by Chrysalis Business Systems, LLC, to identify you as the contributor of such content. You represent and warrant that you have all of the foregoing rights in the intellectual property to grant to Chrysalis Business Systems, LLC and its subsidiaries, agents, contractors, licensees and successors in business.
11. NON-SOLICITATION. You may not use the Site or Products to solicit, interfere with, or endeavor to entice away from Chrysalis Business Systems, LLC any individual or entity doing business with or through Chrysalis Business Systems, LLC. In the event you breach the terms contained in this Section 11 you agree to pay Chrysalis Business Systems, LLC a fee of $10,000 per individual or entity enticed away with no limit to the maximum liability you owe hereunder. The Products are for your own use only. You may not resell, lease or provide them in any other way to anyone else, except as expressly permitted through these Terms or by written permission of Chrysalis Business Systems, LLC or by acting as an agent contracted by a third party to act on its behalf.
12. CONTENT RESTRICTIONS; MISUSE OF COMMUNICATIONS. You are responsible for all materials, including without limitation, information, data, text, software, music, sound, photographs, graphics, video, and email messages or other kinds of messages (collectively “Content”) posted or sent through the Site and for all activity that occurs through your access to the Site and use of the Products, whether done so publicly or privately.
We have the right, but not the obligation, to remove content that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, obscene or otherwise objectionable, which violates these Terms. We also have the right, but not the obligation, to limit or revoke the use privileges of anyone who posts such content or engages in unacceptable behavior on or through the Site.
Examples of unacceptable content or behavior on the Site or Products include, but are not limited to:
- making available or providing any content or information that is confidential, unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, racially, ethnically or otherwise objectionable;
- damaging, impairing, disabling, or overburdening the Site or in any way interfere with Chrysalis Business Systems, LLC’s rights or any other user’s use and enjoyment of the Site and/or Products;
- selling, reselling, or offering for any commercial purposes, any portion of the Site and/or Products;
- impersonating any person or entity, including, but not limited to, a Chrysalis Business Systems, LLC employee, or falsely stating or otherwise misrepresenting your affiliation with a person or entity or collecting or storing personal data about other users in connection with the prohibited conduct and activities;
- uploading, posting, emailing, transmitting or otherwise making available any content that you do not have a right to make available under any law or under contractual or fiduciary relationships;
- attempting to gain unauthorized access to accounts, computer systems or networks connected to any servers, through hacking, password mining or any other means or obtain or attempt to obtain any materials or information through any means not intentionally made available through the Site or Products;
- intentionally or unintentionally violating any applicable local, state, national or international law, and any regulations having the force of law;
- using information obtained from the Site and/or Products (1) to compete with products and services offered by Chrysalis Business Systems, LLC and/or its affiliates or (2) for any other purpose other than for your relationship with Chrysalis Business Systems, LLC and/or its affiliates;
- sending or otherwise making available any information or material that may constitute or encourage conduct that is a criminal offense or civil wrong, e.g. insider trading information about a company or proprietary or confidential information of a third party;
- falsifying or deleting any copyright management information, such as author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material that is sent;
- using any material or information, including images or photographs, which are made available through the Site in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party;
- violating any patent, trademark, trade secret, copyright, right to privacy, publicity, or other proprietary right of any party;
- sending, or otherwise make available, including, by way of example, and not as limitation, files that contain images, photographs, software or other material protected by intellectual property laws, copyright or trademark laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary consent to do the same;
- reverse engineering, decompiling, disassembling or translating or otherwise attempting to derive the source code of any part of the Site;
- using the Site in connection with contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise) or to commit fraud;
- defaming, abusing, harassing, stalking, threatening or otherwise violating the legal rights (such as rights of privacy and publicity) of others;
- sending or otherwise making available any inappropriate, profane, defamatory, obscene, abusive, racist, indecent or unlawful topic, name, material or information;
- engaging in or contributing to any illegal activity or activity that violates others’ rights;
- use of derogatory, discriminatory or excessively graphic language;
- providing information that is false, misleading or inaccurate;
- hacking or modifying the Site to falsely imply an association with Chrysalis Business Systems, LLC or its affiliate(s);
- engaging in or contributing to any activity that maliciously degrades the Site;
- implying or pretending to be affiliated with a company or organization with which you are not affiliated, or misrepresenting the extent of your affiliation or role with an affiliated company or organization;
- disclosing personal login information, including, but not limited to passwords without the express permission of the individual or organization who provided it to you;
- transmitting worms, viruses or harmful software;
- disclosing personal or proprietary information of another person or organization;
- altering the Site’s user interface in a way that removes access to any part of the Site’s functionality and/or inhibits access to or the display of advertisements (if applicable);
- collecting a person’s content or information, or otherwise accessing the Site using automated means (such as harvesting bots, robots, spiders or scrapers) without our permission;
- harassing, annoying, intimidating or threatening employees or agents of Chrysalis Business Systems, LLC;
- forging, manipulating or plagiarizing messages, communications, headers or identifiers to imply an association with us or the Site;
- posting content that advocates, endorses, condones or promotes harassment of others, or content that actively or indirectly harasses others;
- posting content that is offensive and harmful, including but not limited to, content that advocates, endorses, condones or promotes racism, bigotry, hatred or physical harm of any kind against any individual or any group of individuals;
- posting content that provides materials or access to materials that exploits people under the age of 18 in an abusive, violent or sexual manner;
- posting content that solicits personal information or any information from anyone under the age of 18;
- providing material support or resources (or attempts to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act.
Unfortunately, we cannot control all content posted by third parties to the Site, nor do we have an obligation to monitor the Site and Products, and thus, we do not guarantee the accuracy, integrity or quality of such content. You agree to use the Site and the Products at your own risk. You understand that by using the Site and Products you may be exposed to content that you may find offensive, indecent, incorrect or objectionable, and you agree that under no circumstances will Chrysalis Business Systems, LLC be liable in any way for any content, including any errors or omissions in any content, or any loss or damage of any kind incurred as a result of your use of any content. You understand that you must evaluate and bear all risks associated with the use of any content, including any reliance on the content, integrity, and accuracy of such content. If you would like to report objectionable materials, you may contact us at email@example.com or Mail: Chrysalis Business Systems, LLC, 6440 Sky Pointe Dr. Ste. 140-108, Las Vegas, NV 89131.
23. GOVERNING LAW. These Terms and any disputes hereunder shall be governed in all respects by and construed in accordance with the laws of the State of Nevada, United States of America, excluding its conflict of laws rules. You and we each agree to submit to exclusive subject matter jurisdiction, personal jurisdiction and venue of the state course located in Clark County, Nevada or the United States District Court located in Las Vegas, Nevada for any disputes between us under or arising out of these Terms. The parties hereby waive any right to jury trial with respect to any action brought in connection with these Terms. The application of the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded.
24. SEVERABILITY. If any provision of these Terms shall be adjudged by any court of competent jurisdiction to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms will otherwise remain in full force and effect. If any provision of these Terms shall be deemed unlawful, void, or for any reason unenforceable, that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.
25. WAIVER. No waiver of any provision of these Terms shall be effective unless it is in writing and signed by an authorized representative of Chrysalis Business Systems, LLC. The remedies of Chrysalis Business Systems, LLC under these Terms shall be cumulative and not alternative, and the election of one remedy for a breach shall not preclude pursuit of other remedies. The failure of a party, at any time or from time to time, to require performance of any obligations of the other party hereunder shall not affect its right to enforce any provision of these Terms and Condition sat a subsequent time, and the waiver of any rights arising out of any breach shall not be construed as a waiver of any rights arising out of any prior or subsequent breach.
26. TERMINATION. Chrysalis Business Systems, LLC may terminate these Terms at any time, with or without notice, for any reason. Chrysalis Business Systems, LLC reserves the right at its sole discretion to restrict your access to the Site, suspend or terminate your account and/or subscription to the email list. Termination will be effective without notice. In the event of termination, the disclaimers, protection of Intellectual Property, limitations of liabilities and indemnification set forth in these Terms will survive. These Terms will be deemed to include all other notices, policies, disclaimers and other terms contained in the Site, except that in the event of a conflict between such other terms and the terms of these Terms, these Terms will control.
27. RESERVATION OF RIGHTS. Chrysalis Business Systems, LLC reserves all rights not expressly granted in these Terms. You may not assign any rights granted to you in these Terms. Nothing in these Terms shall constitute a partnership or joint venture between you and Chrysalis Business Systems, LLC. The failure of Chrysalis Business Systems, LLC at any time or times to require performance of any provision in these Terms shall in no manner affect its right at a later time to enforce the same unless waived in writing.
28. CONTACT INFORMATION.
Chrysalis Business Systems, LLC
6440 Sky Point Dr. Ste. 140-108, Las Vegas, NV 89131