Terms of Use

Effective Date:7/7/2015

Welcome to this website hosted by Made to Flourish, Inc. (“MTF”).  MTF maintains this website for your personal information, education and communication.  Your access to and use of this website is subject to the following Terms of Use.  Please read these Terms of Use carefully before accessing or using this website, so that you fully understand your rights and responsibilities.  By accessing or using this website, you agree to these Terms of Use. 

 If you do not agree to the following Terms of Use, do not access or use this website, and instead contact MTF in writing or via telephone listed below for further information.

MTF may modify or amend these Terms of Use at any time.  All changes will be effective immediately upon their posting on this website.  Material changes will be posted conspicuously on this website.  By accessing the website following posting of changes to the Terms of Use, you agree to all such changes.

Site Information

Information displayed on this website may change without notice.  MTF reserves the right to modify such information without any obligation to notify past or current website users. MTF makes no representations that the materials on this website are appropriate or available for use in any particular state or other countries besides the United States.  When accessing this website you are solely responsible for compliance with the laws of the state or country in which you live.

All offers set forth on this website are void where prohibited, and are subject to the posting of any official rules pertaining to such offers.

Privacy Policy

By accessing and using this website, you agree to the terms of our Privacy Policy, which are incorporated into these Terms of Use by this reference.

Intellectual Property Rights

Copyright Made to Flourish, Inc. 2015.  All rights reserved.

All copyrightable text, audio, video, graphics, charts, photographs, icons, and the design, selection, and arrangement of content in any medium on this website are copyrighted by MTF, unless otherwise noted.  The distinctive and original layout and presentation of this website also constitutes protectable trade dress under applicable federal law.  In addition, many proprietary names and marks belonging to MTF appear throughout this website.  This website may also contain references to third-party marks, and copies of third-party copyrighted materials, which are the property of their respective owners.  Any unauthorized use of any trade dress, marks, or any other intellectual property belonging to MTF or any third party is strictly prohibited, and may be prosecuted to the fullest extent of the law.

Use of This Website

You may download and print one (1) copy of this website’s content for your personal and noncommercial use, provided you do not delete or modify any copyright, trademark, or other proprietary notices.  You may not otherwise use, copy, modify, distribute, mirror, republish or transmit any of the content or materials of this website without the prior written consent of MTF.

Acceptable use Policy

MTF will provide the ability for users to comment on the videos on its website by logging in with Disqus or logging in with your social media (Facebook, Twitter, Google+) account. All users of this website must also follow any other guidelines or rules provided by MTF or posted on this website.

By accessing or using this website and providing any content, you agree to abide by the following guidelines:

  1. You must maintain a polite, pleasant environment. You may not submit content to harass, abuse, intimidate or threaten others.
  2. You must ensure that all content is appropriate. Any content that is defamatory, pornographic, obscene, or otherwise objectionable is prohibited.
  3. You may not post any commercial solicitations, or engage in, facilitate or encourage any illegal activities.
  4. Your content must be original to you or you must otherwise have the right and license to use and submit your content.
  5. You may not interfere with or disrupt the website, such as by engaging in excessive usage, launching denial of service attacks, or uploading or transmitting viruses or other malicious code.

A failure to comply with any of these guidelines, or any of the other provisions of these Terms of Use, will result in the immediate termination of all membership and privileges to post content to the website, along with other possible action.  Please report any violations of these guidelines to MTF, as provided for in the “Contacting Us” paragraph below.

You and other users of the MTF interactive areas are solely responsible for the contents and consequences of the messages you communicate or post on this website. You should exercise the utmost discretion before posting any personal information on this website. Although MTF is not obligated to monitor content or the accuracy of information, you agree that MTF, in its sole discretion, has the right to monitor, without notice, any content or information posted on this website.  MTF also reserves the right, in its sole and absolute discretion, to prohibit any conduct or remove any content, without notice, for any reason, and to revoke any user’s membership, for any reason.

You understand and agree that: (1) MTF assumes no liability or responsibility for any content or material of any kind that is posted on the website by you or by any other users or third parties and (2) MTF is a publisher of any submitted content, and is acting solely as an Internet Service Provider as that term is defined in the Digital Millennium Copyright Act.

Any questions, complaints or comments on the Acceptable Use Policy must be submitted directly to MTF as set forth below.  Please do not direct questions, complaints or comments to other users.  As MTF does not monitor the comments or postings, we cannot address your concerns unless you send them to us.

If you have any questions or comments about the Acceptable Use Policy or wish to report a Acceptable Use Policy violation, please contact us as set forth below.  In response to Acceptable Use Policy violations, we may immediately suspend or permanently deactivate a user’s access to the website or its features.  MTF does not guarantee any user will receive a warning prior to such suspension or deactivation.  MTF also keeps a historical record of all conduct violations and responds to Acceptable Use Policy violations in light of such history.

No Liability

In no event will MTF or any of its officers, representatives, directors, employees, consultants or agents be liable for any direct, indirect, punitive, special, incidental, exemplary or consequential damages or any damages whatsoever (including without limitation, damages for loss of use, data, information, profits or business interruption) arising out of or in any way related to the use or performance of this website or any linked website or to any material, information, data, obtained through this website, or otherwise arising out of your use of this website, your inability to use this website or any decision made or action taken by you in reliance of any information, advice or materials provided on this website, whether such damages are based in tort, contract, negligence, strict liability or otherwise, even if MTF has been advised of the possibility of such damages.  Your sole and exclusive remedy is to stop accessing and using this website.

Some states do not allow the exclusion or limitation of incidental or consequential damages, so some of the above exclusions or limitations may not apply to you.

No Warranty

MTF makes all commercially reasonable efforts to ensure that all material, information and data on this website is accurate and reliable; however, accuracy cannot be guaranteed.  This website is provided by MTF on an “AS IS” basis.  MTF disclaims all warranties with respect to this website, including without limitation all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement. 

MTF does not warrant or guarantee 1) the accuracy, completeness, correctness, reliability, timeliness, or usefulness of this website or any material, information or data downloaded or otherwise obtained through use of this website; (2) the results that may be obtained from the use of this website or the use of material, information or data obtained from this website; (3) that use of this website or any materials on this website will meet any users requirements; (4) that access to the website will be uninterrupted, timely, secure or error-free; or (5) that files or other materials and information available through this website will be free of infections, viruses, worms, Trojan horses or other code that could be harmful to your computer system. MTF has no responsibility for the timeliness, deletion, misdelivery or failure to store any user communication.

You acknowledge and agree (1) that your use of this website and any material, information or data downloaded or otherwise obtained through the use of this website is at your discretion and risk, and (2) that you are solely responsible for any damage to your computer system or for loss of data that results from the download of any material, information or data, and for any other form of damage that may be incurred.  None of the parties involved in creating, producing, or delivering this website or its content will be liable to users of this website for any damage resulting from use of this website or use of material, information or data downloaded or otherwise obtained from this website, nor are such parties in any way responsible for the conduct of users of this website or for information posted or exchanged on this website.

No advice or information, whether oral or written, obtained by you from MTF or in any manner from this website creates any warranty.

Third-Party Websites

This website may link to, or be linked to, other websites not maintained by or related to MTF.  All links are provided only as a service to our visitors.  MTF is not, directly or indirectly, implying any approval, association, sponsorship, endorsement or affiliation with the linked or linking website, unless specifically stated on this website.  MTF has not reviewed all websites to which it links and is not responsible for the content, accuracy, or policies of any such websites.  You link to other pages or websites at your own risk, and your use of other websites will be controlled by the terms of use posted on that website.  You should review the terms of use of any website to which you navigate.

Indemnification

You agree to indemnify, defend and hold harmless MTF, its officers, representatives, directors, employees, consultants and agents from any and all losses, expenses, third-party claims, liabilities, attorneys’ fees, damages and costs for claims arising from or related to your use of this website, your use of any material, information or data downloaded or otherwise obtained from this website, or your violation of these Terms of Use, including your infringement of any intellectual property or other right of MTF or any other person or entity.

Copyright

 MTF respects the rights of intellectual property owners, and asks that its users do the same. If you believe that your work has been copied in a way that constitutes infringement, please provide MTF the following information, in the form prescribed by Section 512 of Title 17, United States Code:

  1. a description of the copyrighted work or works that you claim have been infringed;
  2. a description of the allegedly infringing material, including its location on the site;
  3. your address, telephone number, and e-mail address;
  4. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
  5. a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf; and
  6. an electronic or physical signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

MTF’s Copyright Agent for notice of claims of copyright infringement on its site is:

[

Made to Flourish, Inc.

Attn: Matt Rusten

info@madetoflourish.org

]

Interpretation and Disputes

These Terms of Use are governed by the laws of the United States and the State of Kansas, without regard to any conflict of laws provisions.  Venue is exclusively in Wyandotte County, Kansas with respect to any dispute arising under these Terms of Use, unless otherwise agreed by MTF in its sole discretion.  If there is a dispute, the prevailing party will be entitled to recovery of its reasonable attorneys’ fees and costs.  If any provision of these Terms of Use is deemed unenforceable or invalid by a court or arbitrator, then the court or arbitrator may modify such provision to the minimum extent necessary to make an invalid provision enforceable and valid.  If modification is impossible or impracticable then the provision will be severed and the remaining terms of these Terms of Use will be interpreted and read to give them maximum enforceability.  Any cause of action or claim with respect to this website must be commenced within one (1) year after the action or claim arises.

Entire Agreement

By your access or use of this website, you agree to these Terms of Use.  These Terms of Use, together with the MTF Privacy Policy, constitute the entire agreement between you and MTF with respect to your access and use of this website.  Any waiver of any provision of these Terms of Use will be effective only if in writing and signed by MTF.  These Terms of Use will inure to the benefit of MTF’s successors and assigns.

Electronic Communications

You agree that these Terms of Use and any other documentation, agreements, notices or communications between you and MTF may be provided to you electronically, to the extent permissible by law.  Please print a copy of all documentation, agreements, notices or other communications for your reference.

Contacting Us

If you have any other questions or concerns regarding these Terms of Use, please contact us at:

info@madetoflourish.org