Terms & Conditions
Effective Date: November 27, 2020
You also acknowledge that Stability may, from time to time, in its sole discretion and without notification to you, change these Terms, which change shall be effective upon Stability’s posting of the updated Terms on the Site. By continuing to use the Site after we post any such changes, you agree to be bound to the Terms as modified. You should review the Terms each time you visit or use the Site. If you do not agree to these Terms, you may not use the Site.
As used herein, “you” means anyone who accesses and/or uses Stability’s website, including individuals acting on behalf of a corporation, partnership, or other entity.
1. License and Access to the Site
Subject to the restrictions and conditions set forth in these Terms, Stability grants you a limited, revocable, non-transferable, non-exclusive license to access and use, view, download, and print any materials available on the Site for informational, non-commercial purposes, and in compliance with all applicable laws and regulations. This license shall not include any right to resell or make any commercial use of the Site or any information, content and/or materials available on, within, via or in connection with the Site (collectively, “Content”); to any derivative use of the Site or its Content; or to use data mining, robots, or similar data gathering and extraction tools or techniques on the Site. Registration on the Site is voluntary, but some Site functions may not be accessible or work properly without registration.
Stability accepts no liability for the accuracy or completeness or use of, and no liability to update, the Content contained on the Site. We make no guarantees regarding the availability of the Site. Additionally, we reserve the right, within our sole discretion, to discontinue the Site, or to restrict anyone’s access to the Site for any reason. You agree that we will not be liable to you or any third party for any such discontinuance or modification of the Site. Any rights not expressly granted by these Terms are reserved by us.
2. Stability Intellectual Property
Any and all rights associated with the Site, including, without limitation, any inventive concepts, know-how, publicity rights, trademarks, trade-dress, trade secrets, copyrights and patents (“Intellectual Property”) are the sole property of Stability or its licensors, affiliates or other third parties. Except as otherwise expressly authorized by these Terms, you may not copy, reproduce, modify, display, lease, loan, sell, create derivative works from, upload, transmit, distribute or otherwise use any Intellectual Property displayed or made available in, or otherwise associated with, the Site, in any way, without Stability’s express written consent. Except as provided herein, Stability does not grant to you any express or implied rights to our or any third party’s Intellectual Property.
4. User Accounts
In order to access certain aspects of the Services, you must register for and maintain a user account on the Site (the “Account”). You must be at least 18 years of age to obtain an Account. Account registration requires you to submit to Stability certain personal information, such as your name and email address, and to setup a password. The email you use must be one where we can reach you. You agree to maintain accurate, complete, and up-to-date information in your Account. You are responsible for all activity that occurs under your Account, and you agree to maintain the security and secrecy of your Account username and password at all times. You agree to notify us immediately if you suspect any unauthorized use of your account or access to your password. Passwords are subject to cancellation or suspension by Stability at any time. Unless otherwise permitted by Stability in writing, you may only possess one Account.
You may not authorize third parties to use your Account. You may not assign or otherwise transfer your Account to any other person or entity. You agree to comply with all applicable laws when accessing or using the Services, and you may only access or use the Services for lawful purposes.
When you set up a user account on Stability, we create a member profile for you that will include personal information you provide. We will update your profile with information you provide us on Stability. With your approval, we may share information in your profile with prospective employers and others.
You hereby grant to Stability a perpetual, irrevocable, worldwide, non-exclusive, fully paid, royalty-free, fully transferable and sub-licensable license to use any and all feedback, suggestions, ideas, content and materials submitted, uploaded or posted by you via or in connection with the Site and to exploit such feedback, suggestions, ideas, content and materials in any way, whether for profit or not, in any manner, medium and jurisdiction, now known or hereafter discovered throughout the universe, without permission or notice.
You represent and warrant that you have the legal right and ability to grant the foregoing license to Stability.
Any such submissions, uploads or postings on the Site are not made in confidence, and no fiduciary relationship is created between Stability and you. You acknowledge and agree that you have no expectation of review, compensation or consideration from any and all exploitations by Stability of your posted, uploaded or submitted feedback, suggestions, ideas, content or materials. To the extent that any moral rights or ancillary rights are involved, you agree not to enforce any such rights against Stability.
6. Links to Third-Party Websites
7. Warranties and Consents
You hereby warrant that all information, whether personal or otherwise, submitted by you via the Site is correct and current. You further warrant that you have the legal right and ability to agree to and be bound by these Terms herein as well as to disseminate any material you upload to the Site. You additionally consent to the use of electronic signatures whenever necessary and acknowledge that such electronic signatures are legally binding and enforceable.
The Site may include testimonials from nurses that currently work with, or formerly worked with, Stability. Stability does not guarantee the accuracy of such testimonials, and in no event shall such testimonials constitute a guarantee, warranty, or prediction regarding your experience with Stability.
No individuals under 18 years of age are authorized to use the Site. Individuals submitting information via the Site represent that they are over 18 years of age.
10. Jurisdictional Issues
Stability controls and operates the Site from our offices in the United States of America, and all information is processed within the United States. We do not represent that materials on the Site are appropriate or available for use in other locations. Persons who choose to access the Site from other locations do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable. You agree to comply with all applicable laws, rules and regulations in connection with your use of the Site.
By providing any personal information via the Site, you fully understand and unambiguously consent to the collection and processing of such information in the United States. Any inquiries concerning these Terms should be directed to Stability via the contact information available here.
11. No Warranty; Disclaimer
Stability provides the information on its Site “as-is” and without representation or warranty of any kind, express or implied. To the full extent permissible under applicable law, Stability disclaims all implied warranties including, without limitation, implied warranties of title, merchantability, fitness for a particular purpose, and non-infringement.
Stability does not represent or warrant that the information on its Site is or will be current, complete, or accurate. Stability further does not represent or warrant that its Site will be free from errors or malicious code, or will function to meet your needs or as Stability intends.
By using Stability’s Site, you agree that, to the extent permissible by law, Stability is not liable to you or others for any damages under any theory arising from this Site, your access to or use of this Site, or your reliance on any information on this Site.
While we endeavor to create a secure and reliable Site, Stability is not responsible for the security of information transmitted via the Internet, the accuracy of information on the Site, or for the consequences of any reliance on such information. You must make your own determination regarding these matters. This Site may be temporarily unavailable from time to time for maintenance or other reasons. You are solely responsible for the security, confidentiality, integrity and use of all messages and/or content that you transmit to the Site.
YOU EXPRESSLY AGREE THAT:
(1) THE SITE, INCLUDING, WITHOUT LIMITATION, ALL CONTENT, FUNCTION, MATERIALS AND SERVICES, IS PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY FOR INFORMATION, DATA, DATA PROCESSING SERVICES OR UNINTERRUPTED ACCESS, ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, COMPLETENESS, USEFULNESS, OR CONTENT OF INFORMATION, AND ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. STABILITY DOES NOT WARRANT THAT THE SITE OR THE FUNCTION, CONTENT OR SERVICES MADE AVAILABLE THEREBY, WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. NO ADVICE, RESULTS OR INFORMATION, OR MATERIALS WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. IF YOU ARE DISSATISFIED WITH THE SITE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SITE.
(2) YOUR USE OF ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE THAT RESULTS FROM THE USE OR DOWNLOAD OF ANY SUCH MATERIAL.
(3) STABILITY DOES NOT ENDORSE, WARRANT OR GUARANTEE ANY PRODUCTS OR SERVICES OFFERED OR PROVIDED BY OR ON BEHALF OF THIRD PARTIES ON OR THROUGH THE SITE. STABILITY IS NOT A PARTY TO, AND DOES NOT MONITOR, ANY TRANSACTION BETWEEN USERS AND THIRD PARTIES WITHOUT THE DIRECT INVOLVEMENT OF STABILITY. THE SITE MAY PROVIDE LINKS TO THIRD PARTY WEBSITES (“LINKED SITES”). STABILITY HAS NOT REVIEWED ALL OF THE LINKED SITES AND IS NOT RESPONSIBLE FOR THE CONTENTS OR OPERATION OF ANY LINKED SITES OR ANY FURTHER SITES LINKED THEREIN. YOUR ACCESS AND USE OF THE LINKED SITES IS AT YOUR SOLE RISK.
12. Limitation of Liability
IN NO EVENT SHALL STABILITY, ITS AFFILIATES OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR CONTENT OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING FROM OR DIRECTLY OR INDIRECTLY RELATED TO THE USE OF, OR THE INABILITY TO USE, THE SITE OR THE CONTENT, MATERIALS AND FUNCTION RELATED THERETO, INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE, OR ANTICIPATED PROFITS, OR LOST BUSINESS, DATA OR SALES, OR COST OF SUBSTITUTE SERVICES, EVEN IF STABILITY OR ITS REPRESENTATIVE OR SUCH INDIVIDUAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. STABILITY ALSO ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF ACCESS TO, USE OF, OR BROWSING IN THE SITE OR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO, OR AUDIO FROM THE SITE. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF THE SITE, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. YOU SPECIFICALLY ACKNOWLEDGE THAT STABILITY IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. YOU HEREBY ACKNOWLEDGE THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON THE SITE.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN NO EVENT SHALL THE TOTAL LIABILITY OF STABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM THE TERMS OR YOUR USE OF THE SITE EXCEED, IN THE AGGREGATE, $100.00.
13. Prohibited Conduct
You agree to only use Stability’s Site for purposes that are lawful and in accordance with these Terms and any applicable law, rules, or regulations. You may not:
- use Stability’s Site in any manner that could damage, disable, overburden, or impair the Site, or interfere with any other party’s use and enjoyment of the Site;
- attempt to gain unauthorized access to the Site or the computer systems or networks for the Site through hacking, password mining or any other means;
- transmit any viruses, worms, defects, Trojan horses, or any items of a destructive nature;
- defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
- upload, post, email or transmit, or otherwise make available through Stability’s Site any inappropriate, defamatory, infringing, obscene, or unlawful content;
- upload, post, email or transmit, or otherwise make available through the Site any content that infringes any patent, trademark, copyright, trade secret or other proprietary right of any party, unless you are the owner of such rights or have the permission of the owner to post such content;
- upload, post, email or transmit, or otherwise make available through the Site any materials that promote pyramid schemes, chain letters or disruptive commercial messages or advertisements, or anything else prohibited by law;
- run Mail list, Listserv, or any form of auto-responder or “spam” on Stability’s Site;
- use manual or automated software, devices, or other processes to “crawl” or “spider” any page of the Site, including to engage in the practices of “screen scraping,” “database scraping” or any other activity with the purpose of obtaining content or other information;
- interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site, including to utilize framing techniques to enclose any Content or other proprietary information, place pop-up windows over the Site’s pages, or otherwise affect the display of the Site’s pages;
- impersonate another person or entity, or falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of any materials;
- remove any copyright, trademark or other proprietary rights notices contained in or on the Site;
- use any robot, spider, site search/retrieval application, or other device to retrieve or index any portion of the Site or collect information about its users for any unauthorized purpose;
- submit content that falsely expresses or implies that such content is sponsored or endorsed by Stability, any of its affiliates or any third parties;
- use the Site for any illegal or unauthorized purpose (including, without limitation, in violation of any United States federal and state laws or regulations, or equivalent laws or regulations in foreign jurisdictions);
- promote or provide instructional information about illegal activities or promote physical harm or injury against any group or individual; or
- use the Site for any commercial purpose whatsoever, other than as allowed herein or otherwise approved by Stability.
We may terminate your access to or use of this Site for any reason, including without limitation, if we believe that you have violated or acted inconsistently with these Terms. All of your warranties and indemnifications survive termination of this Agreement and any termination does not limit Stability’s right to relief in law or equity. Stability’s failure to act in any particular circumstance, including a failure to enforce the terms of this Agreement, does not waive our ability to act with respect to that or similar circumstances and shall not constitute a breach of this Agreement.
You represent and warrant that any information or materials you post on or transmit through the Site for any purpose will not infringe on the intellectual property rights or violate any other rights of any third party. You agree to indemnify, defend and hold Stability and its subsidiaries, affiliates, officers, members, employees, agents, and business partners harmless from any claims, damages, costs, expenses (including reasonable attorneys’ fees), allegations, losses, and liabilities of any nature whatsoever arising from or relating to: your violation of this Agreement; your use or misuse of the Site and the Content, and/or any products and services available on or via the Site; any information, feedback, suggestions, ideas, content and materials submitted, uploaded or otherwise transmitted by you via or in connection with the Site; your access to or use of any web sites linked to this Site; and any dealings between you and any third parties relating to the Site.
Stability maintains the right to employ outside counsel and assume control of the defense and settlement of any matter subject to your indemnification obligation. All of your indemnification obligations, releases, and warranties under this Agreement shall stand even if Stability is made aware of the possibility of damage before such damage occurs.
16. Arbitration Agreement
By agreeing to the Terms, you agree that you are required to resolve any claim that you may have against Stability on an individual basis in arbitration, as set forth in this Section 16 (the “Arbitration Agreement”). This will preclude you from bringing any class, collective, or representative action against Stability, and also preclude you from participating in or recovering relief under any current or future class, collective, consolidated, or representative action brought against Stability by someone else.
(a) Agreement to Binding Arbitration Between You and Stability.
You and Stability agree that any dispute, claim or controversy arising out of or relating to (a) these Terms or the existence, breach, termination, enforcement, interpretation or validity thereof, or (b) your access to or use of the Services at any time, whether before or after the date you agreed to the Terms, will be settled by binding arbitration between you and Stability, and not in a court of law.
You acknowledge and agree that you and Stability are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Unless both you and Stability otherwise agree in writing, any arbitration will be conducted only on an individual basis and not in a class, collective, consolidated, or representative proceeding. However, you and Stability each retain the right to bring an individual action in small claims court and the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights.
(b) Rules and Governing Law.
The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the AAA’s Consumer Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the “AAA Rules”) then in effect, except as modified by this Arbitration Agreement. The AAA Rules are available at www.adr.org or by calling the AAA at 1-800-778-7879.
The parties agree that the arbitrator (“Arbitrator”), and not any federal, state, or local court or agency, shall have exclusive authority to resolve any disputes relating to the interpretation, applicability, enforceability or formation of this Arbitration Agreement, including any claim that all or any part of this Arbitration Agreement is void or voidable. The Arbitrator shall also be responsible for determining all threshold arbitrability issues, including issues relating to whether the Terms are unconscionable or illusory and any defense to arbitration, including waiver, delay, laches, or estoppel.
Notwithstanding any choice of law or other provision in the Terms, the parties agree and acknowledge that this Arbitration Agreement evidences a transaction involving interstate commerce and that the Federal Arbitration Act, 9 U.S.C. § 1 et seq. (“FAA”), will govern its interpretation and enforcement and proceedings pursuant thereto. It is the intent of the parties that the FAA and AAA Rules shall preempt all state laws to the fullest extent permitted by law. If the FAA and AAA Rules are found to not apply to any issue that arises under this Arbitration Agreement or the enforcement thereof, then that issue shall be resolved under the laws of the state of California.
A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. (The AAA provides a form Demand for Arbitration – Consumer Arbitration Rules at www.adr.org or by calling the AAA at 1-800-778-7879). The Arbitrator will be either (1) a retired judge or (2) an attorney specifically licensed to practice law in the state of California and will be selected by the parties from the AAA’s roster of consumer dispute arbitrators. If the parties are unable to agree upon an Arbitrator within seven (7) days of delivery of the Demand for Arbitration, then the AAA will appoint the Arbitrator in accordance with the AAA Rules.
(d) Location and Procedure.
Unless you and Stability otherwise agree, the arbitration will be conducted in the county where you reside. If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of documents you and Stability submit to the Arbitrator, unless you request a hearing or the Arbitrator determines that a hearing is necessary. If your claim exceeds $10,000, your right to a hearing will be determined by the AAA Rules. Subject to the AAA Rules, the Arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.
(e) Arbitrator’s Decision.
The Arbitrator will render an award within the time frame specified in the AAA Rules. Judgment on the arbitration award may be entered in any court having competent jurisdiction to do so. The Arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant’s individual claim. An Arbitrator’s decision shall be final and binding on all parties. An Arbitrator’s decision and judgment thereon shall have no precedential or collateral estoppel effect. If you prevail in arbitration you will be entitled to an award of attorneys’ fees and expenses, to the extent provided under applicable law. Stability will not seek, and hereby waives all rights Stability may have under applicable law to recover attorneys’ fees and expenses if Stability prevails in arbitration.
Your responsibility to pay any AAA filing, administrative and arbitrator fees will be solely as set forth in the AAA Rules.
If Stability changes this Arbitration Agreement after the date you first agreed to the Terms (or to any subsequent changes to the Terms), you may reject any such change by providing Stability written notice of such rejection within 30 days of the date such change became effective, as indicated in the “Effective Date” above. This written notice must be provided either (a) by mail or hand delivery to our registered agent for service of process or (b) by email from the email address associated with your Account to: firstname.lastname@example.org. In order to be effective, the notice must include your full name and clearly indicate your intent to reject changes to this Arbitration Agreement. By rejecting changes, you are agreeing that you will arbitrate any dispute between you and Stability in accordance with the provisions of this Arbitration Agreement as of the date you first agreed to the Terms (or to any subsequent changes to the Terms).
(h) Severability and Survival.
If any portion of this Arbitration Agreement is found to be unenforceable or unlawful for any reason, (1) the unenforceable or unlawful provision shall be severed from these Terms; (2) severance of the unenforceable or unlawful provision shall have no impact whatsoever on the remainder of the Arbitration Agreement or the parties’ ability to compel arbitration of any remaining claims on an individual basis pursuant to the Arbitration Agreement; and (3) to the extent that any claims must therefore proceed on a class, collective, consolidated, or representative basis, such claims must be litigated in a civil court of competent jurisdiction and not in arbitration, and the parties agree that litigation of those claims shall be stayed pending the outcome of any individual claims in arbitration.
17. Choice of Law
These Terms are governed by and construed in accordance with the laws of the State of California, U.S.A., without giving effect to any conflict of law principles, except as may be otherwise provided in the Arbitration Agreement above or in supplemental terms applicable to your region. However, the choice of law provision regarding the interpretation of these Terms is not intended to create any other substantive right to non-Californians to assert claims under California law whether that be by statute, common law, or otherwise. These provisions, and except as otherwise provided in the Arbitration Agreement, are only intended to specify the use of California law to interpret these Terms and the forum for disputes asserting a breach of these Terms, and these provisions shall not be interpreted as generally extending California law to you if you do not otherwise reside in California. The foregoing choice of law and forum selection provisions do not apply to the arbitration clause in Section 16 or to any arbitrable disputes as defined therein. Instead, as described in Section 16, the Federal Arbitration Act shall apply to any such disputes. For any claim, dispute, or other legal proceeding not subject to the Arbitration Agreement, the claim or dispute shall be brought and litigated exclusively in the state or federal courts located in Los Angeles County, California, and you agree to submit to the personal jurisdiction of each of these courts for the purpose of litigating such claims or disputes. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
18. California Consumer Rights Notice
Pursuant to California Civil Code Section 1789.3, California residents may also be entitled to the following specific consumer rights notice:
The name, address and telephone number of the provider of this Site are Stability Healthcare Inc., 87 E Green St., Suite 203, Pasadena, CA 91105, 855-742-4767. Complaints regarding the Site or requests to receive further information regarding use of this Site may be sent by e-mail to email@example.com.
The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Boulevard, Suite N-112, Sacramento, CA 95834 or by telephone at (800) 952-5210.
19. Severability and Integration
Unless otherwise specified herein, this Agreement constitutes the entire agreement between you and Stability with respect to the subject matter hereof and supersedes all prior or contemporaneous communications and proposals (whether oral, written, or electronic) between you and Stability with respect to such subject matter. If any part of this Agreement 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 portion shall remain in full force and effect.
You may not assign, delegate, transfer, or sublicense your rights or obligations under this Agreement. Any purported assignment, delegation, transfer or sublicense by you shall be ineffective and void. Stability may freely assign, delegate, transfer or sublicense any or all of our rights or obligations under this Agreement, without notice to you and without requiring your consent.
21. Notice and Procedure for Making Claims of Intellectual Property Infringement
Stability respects the intellectual property rights of others. If you believe that any content on this Site may infringe your copyrights or other intellectual property rights, please provide Stability, in writing, the information specified below.
- An electronic or physical signature of the person authorized to act on behalf of the owner of the intellectual property interest;
- A description of the intellectual property right that you claim has been infringed;
- A description of where the material that you claim is infringing is located on the Site;
- Your address, telephone number, and e-mail address;
- A statement by you that you have a good faith belief that the disputed use is not authorized by the intellectual property owner, its agent, or the law; and
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the intellectual property owner or authorized to act on the intellectual property owner’s behalf.
Please note that this procedure is exclusively for notifying Stability that your intellectual property rights have been infringed. Stability’s agent for notice of claims of copyright infringement or other intellectual property infringement on the Site can be reached via the contact information available here.
All provisions of these Terms shall survive termination or expiration of these Terms (to the extent permitted by law), except those provisions granting access to or use of the Site or the Services.
The failure of Stability to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. You agree that no joint venture, partnership, employment, or agency relationship exists between Stability and you solely as a result of these Terms or your use of the Site. The subject headings of the sections of these Terms are included for purposes of convenience only and shall not affect the construction of interpretation of any of the provisions of these Terms.
24. Contact Information
If you have any questions, please contact Stability here.