Terms of Service

Terms of Service Agreement

LAST MODIFIED: June 27, 2017

This Terms of Service Agreement describes the terms and conditions on which we supply and that shall govern the use of and the products (the “Products”), the services (the “Services”), and content (the “Content”) to be provided by Laugh at Adversity to its visitors and customers through this Internet Site (the “Site”) or via other delivery methods.  All content of this Site is owned or controlled by Laugh at Adversity and is protected by copyright law.  The information, products, technology or processes described in this Site may be the subject of other intellectual property rights reserved by Laugh at Adversity, its affiliates, or other third parties.  No license is granted with respect to those intellectual property rights.

By visiting laughatadversity.com you are acknowledging and agreeing to accept the terms and conditions described in this Terms of Service Agreement.  By using the Products and/or Services you are acknowledging and agreeing that you accept the terms and conditions set forth herein and you agree to abide by them.  If you do not agree to this Terms of Service Agreement, please refrain from visiting the Site and from using the Products and/or Services.

1. VISITORS.

The individual using laughatadversity.com (the “Visitor” or “you”) hereby warrants and represents that he/she is the individual providing or is authorized by such individual to provide all of the information requested by Laugh at Adversity, including, but not limited to, credit card information and all other information requested on the Site.

2. TERMINATION OF A TRANSACTION.  

The Visitor hereby agrees and acknowledges that Laugh at Adversity has the right, in its sole and absolute discretion to terminate any transaction within thirty (30) days, in the event that the Visitor: (i) has breached this Terms of Service Agreement; (ii) is found by conviction, settlement, insurance or escrow investigation, or otherwise, to have engaged in fraudulent activity in connection with this Site; or (iii) Laugh at Adversity is unable to verify or authenticate any information provided by the Visitor.

3. MODIFICATION/AMENDMENT.  

The terms and conditions of this Terms of Service Agreement may be amended, supplemented and modified at any time by Laugh at Adversity, in its sole and absolute discretion.  If this Terms of Service Agreement changes, we will post such changes on laughatadversity.com.  The Visitor is encouraged to review this Terms of Service Agreement periodically.  Visitor’s continued use of the Site, the Services and/or the Products constitutes Visitor’s agreement to abide by the Terms of Service Agreement as amended.

4. VIOLATION OF THE RULES.

The Visitor hereby acknowledges and agrees that Laugh at Adversity, in its sole and absolute discretion, may issue a warning, revoke, suspend or terminate Visitor’s use of the Services and/or Content, to cancel or suspend its Services, and remove, block (temporarily or permanently), restrict any access of the Visitor, without prior warning for any reason whatsoever, including if Laugh at Adversity believes, in its sole and absolute discretion, that the Visitor has: (i) abused and/or violated this Terms of Service Agreement, (ii) has breached this Terms of Service Agreement; (iii) if the Visitor is found by conviction, settlement, insurance or escrow investigation, or otherwise, to have engaged in fraudulent activity in connection with this Site; or (iv) if Laugh at Adversity is unable to verify or authenticate any information provided by the Visitor.

5. NO WARRANTIES.

ALL SERVICES AND PRODUCTS ARE PROVIDED “AS IS.”  WE DISCLAIM ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.  LAUGH AT ADVERSITY DOES NOT GUARANTEE CONTINUOUS, UNINTERRUPTED, ERROR-FREE, TIMELY OR SECURE ACCESS TO VISITOR’S ACCOUNT, IF ANY.  LAUGH AT ADVERSITY DOES NOT WARRANT THAT THE QUALITY OF THE CONTENT, SERVICES OR PRODUCTS OR INFORMATION OR OTHER MATERIAL PURCHASED, OBTAINED, VIEWED OR DOWNLOADED BY THE VISITOR THROUGH THE SITE, SHALL MEET VISITOR’S EXPECTATIONS.  Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to certain Visitors.  This warranty gives Visitor specific legal rights, and Visitor may also have other legal rights, which vary from state to state.

6. LIMITATION OF DAMAGES.

IN NO EVENT SHALL LAUGH AT ADVERSITY OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES HOWEVER ARISING, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, OR FOR OTHER INTANGIBLE LOSSES, EVEN AFTER BEING ADVISED OF THE POSSIBILITY OF THESE DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THIS TERMS OF SERVICE AGREEMENT OR WITH THE CONTENT, PRODUCTS OR SERVICES PROVIDED HEREUNDER.  LAUGH AT ADVERSITY’S LIABILITY, AND THE LIABILITY OF LAUGH AT ADVERSITY’S SUPPLIERS, TO THE VISITOR OR ANY THIRD PARTIES IS LIMITED TO THE AMOUNT OF FEES USER PAID IN CONNECTION WITH THE TRANSACTION GIVING RISE TO LIABILITY.  Some states do not allow the limitation of liability, so the foregoing limitations may not apply to certain Visitors.

7. INDEMNIFICATION.

Anything in this Terms of Service Agreement to the contrary notwithstanding, the Visitor shall indemnify and hold Laugh At Adversity harmless and defend Laugh at Adversity at Visitor’s sole cost and expense against any loss or liability, claim, obligation, action, cost or expense, including but not limited to, reasonable attorneys’ fees, costs and disbursements of Laugh at Adversity’s counsel, and any and all claims, actions, procedures and suits arising out of or in connection with: (i) the Content, Services and/or Products provided by Laugh at Adversity unless the result of Laugh at Adversity’s gross negligence or willful misconduct; (ii) a violation of the intellectual property rights of third parties arising from the Visitor’s use of this Site; (iii) the Visitor’s connection to the Site and Services; (iv) a violation of the terms and conditions of this Terms of Service Agreement; and/or, (v) the Visitor’s violation of the rights of another person or entity.

8. PROHIBITED USE.

Visitor agrees not to upload, post, e-mail or otherwise send or transmit or introduce any material that contains software viruses or any other computer code, files or programs designed to interrupt, harm, damage, destroy or limit the functionality of any computer software or hardware or equipment linked directly or indirectly with the Site, the Products, the Services or the Products themselves.  Visitor agrees not to interfere with the servers or networks underlying or connected to the Site, the Products, the Services or to violate any of the procedures, policies or regulations of networks connected to the Site, the Products, or the Services.  Visitor may not access the Site, the Products or the Services in an unauthorized manner.

Visitor agrees not to impersonate any other person while using the Site, the Products or the Services.  Visitor further agrees not to act in an offensive manner while using the Site, the Products, or the Services; or, use the Site, the Products, or the Services for any illegal, immoral or harmful purpose.

The Content, the Products and the Services are not intended for Visitor’s commercial use. Commercial advertisements, affiliate links, and other forms of solicitation may be removed by Laugh at Adversity without notice and may result in termination of privileges.  Visitor must not use any part of the materials used in or on the Site, the Products or in the Services for commercial purposes without obtaining a written license to do so from Laugh at Adversity.  Material from the Site, the Products and/or the Services may not be copied or distributed, or republished, or transmitted in any way, without Laugh at Adversity’s prior written consent, which shall be in Laugh at Adversity’s sole discretion.  Any unauthorized use or violation of this Terms of Service Agreement immediately and automatically terminates your right to use the Site, the Products and the Services and may subject you to legal liability.  Visitor agrees not to use the Site, the Products or the Services for illegal purposes (including, without limitation, unlawful, harassing, libelous, invasion of another’s privacy, abusive, threatening or obscene purposes) and Visitor agrees that you will comply with all laws, rules and regulations related to your use of the Site, the Products and the Services. Appropriate legal action may be taken for any illegal or unauthorized use of the Site, the Products and/or the Services.

By breaching the provisions of this Section 8, Visitor may commit a criminal offense under applicable laws. Laugh at Adversity may report any such breach to the relevant law enforcement authorities and we may cooperate with those authorities by disclosing your identity to them.  In the event of such a breach, your right to use the Site, the Products, or the Services will cease immediately.

9. PAYMENT METHODS.

Laugh at Adversity accepts the following methods of payment:

  • American Express
  • Visa
  • MasterCard
  • Discover
  • Paypal

Visitors purchasing products that are Massachusetts residents will be charged a 6.25% sales tax on their orders.  For purchasing Visitors not residents of Massachusetts, there is no sales tax applied to an order.

10. RETURN POLICY.

If a purchasing Visitor is dissatisfied with a Product for any reason, the purchasing Visitor may return the Product within thirty (30) days from date of purchase.  The customer will be refunded the full purchase price; however, there may be a restocking fee for certain items.

If the product is defective or not as ordered, the purchasing Visitor will have the option of requesting a refund or an exchange for the purchase.  Please contact Laugh at Adversity to obtain a Return Authorization Number to process this request.  The purchasing Visitor will be reimbursed for return postage charges in cases of defective products or erroneous shipment made by Laugh at Adversity.  In all other cases, the Product must be returned in its original condition, in original packaging with the original product related documentation.  Should the product be returned without such documentation, there will be a Twenty-Five Dollar ($25.00) replacement fee.  Laugh at Adversity will also inspect the returned item and related documentation before any refund is made.  This return policy will not apply to and no refund or exchange will be made for Products that have been altered or show signs of use and wear.

Shipping: Please send the item with the original documentation, a copy of original purchase receipt and the Return Authorization Number to the address provided with the Return Authorization Number.

Please ship the item with the United States Postal Service Registered Mail and insure the package for the purchase price.  If the package is not insured and the item is lost or damaged during shipment, the purchasing Visitor will be responsible for such loss.

11. PROPRIETARY RIGHTS.

With respect to proprietary rights, (i) all content included on this Site, such as text, graphics, logos, button icons, images, audio clips, and software; (ii) the compilation, meaning the collection, arrangement, and assembly, of any and all content on this Site and (iii) all software used on this Site is the exclusive property of Laugh at Adversity or its content suppliers and is protected by United States and international copyright laws.  The content and software on this Site may be used as a purchasing or information resource.  Any other use, including but not limited to the reproduction, modification, distribution, transmission, republication, display, or performance, of the content on this Site is strictly prohibited.  The trademarks, service marks and trade names shown on this Site are protected in the United States and internationally.  No use of these may be made without the prior, written authorization of Laugh at Adversity or the third party concerned.  Visitor’s misuse of such trademarks, service marks and trade names is strictly prohibited.  Laugh at Adversity will enforce its trademark rights to the fullest extent of the law, including the seeking of criminal prosecution, where appropriate.

12. USER MATERIAL.

The Site may let you submit material to us.  For example, you may be able to upload photographs, post subjects and comments in the community and comment on various

matters in various parts of the Site.  You may be able to upload video, images or sounds. In this Terms of Service Agreement, we use the term “User Material” to refer to any publically available material of any kind that you submit to us, including text, files, images, photos, video, sounds and musical or literary works.  User Material does not include the account information, Product or Service purchase, or Product or Service use information which you provide in registering for, purchasing and using Products or Services.

This Section 12 sets out the rights and obligations that each of us have in connection with

User Material.  If you review or submit User Material, you are agreeing to do so in accordance with this Terms of Service Agreement. If you do not want to review or submit User Material in accordance with this Terms of Service Agreement, then you should not do so.

Laugh at Adversity does not systematically review User Material submitted by you or other Visitors.  We are not responsible for the content of User Material provided by you or any other Visitor.  We do not necessarily endorse any opinion contained in such material; and, we make no warranties or representations, express or implied, about User Material, including as to its legality or accuracy.

Laugh at Adversity reserves the right, in its sole discretion, to refuse to post or to remove or edit any Visitor User Material, or to restrict, suspend, or terminate your access to all or any part of the Site, the Products or the Services, particularly where User Material violates this Section 12, and we may do this with or without giving you any prior notice.

We may link User Material or parts of User Material to other material, including material

submitted by other Visitors or created by Laugh at Adversity or other third parties.  We may use User Material for our internal business purposes, for example, to examine trends or categories or to promote, market or advertise Laugh at Adversity.  You acknowledge that we may indirectly commercially benefit from use of your User Material.

Each time you submit User Material to us, you represent and warrant to us as follows:

(a) You own your User Material or have the right to submit it, and in submitting it you will not be infringing any rights of any third party, including intellectual property rights (such as copyright or trademark), privacy or publicity rights, rights of confidentiality or rights under contract.

(b) Your User Material is not illegal, obscene, defamatory, threatening, pornographic, harassing, hateful, racially or ethnically offensive, and does not encourage conduct that would be considered a criminal offense, and does not give rise to civil liability, violate any law, or is otherwise deemed inappropriate.

(c) Your User Material does not advertise any product or service or solicit any business.

(d) Your User Material does not identity any individual (including by way or name, address or a still picture or video) under the age of 18 and if User Material identities any individual over the age of 18, you have that person’s consent to being identified in exactly that way in your User Material; and, in submitting your User Material you are not impersonating any other person.

(e) You will not collect usernames and/or e-mail addresses of users for the purpose of sending unsolicited e-mail.

(f) You will not engage in criminal or tortious activity, including fraud, spamming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets or attempt to impersonate another user or person.

(g) You will not engage in any automated use of the system, such as using scripts to alter our Content.

(h) You will not, without authorization, access, tamper with, or use non-public areas of the Site, Laugh at Adversity’s computer systems, or the technical delivery systems of Laugh at Adversity’s providers.

(i) Except as necessary to maintain your own computer security by use of commercial anti-virus or anti-malware products, you will not attempt to probe, scan, or test the vulnerability of the Site or any other Laugh at Adversity system or network or breach any security or authentication measures.

Laugh at Adversity is entitled to identify you to third parties who claim that their rights have been infringed by User Material you have submitted.

User Material is not considered to be confidential.  You agree not to submit any content as User Material in which you have any expectation of privacy.  Laugh at Adversity does not claim any ownership rights in User Material.  By submitting User Material you hereby grant Laugh at Adversity an irrevocable, perpetual, non-exclusive, royalty free, worldwide license to use, telecast, copy, perform, display, edit, distribute and otherwise exploit the User Material you post on the Site, or any portion thereof, and any ideas, concepts, or know how contained therein, with or without attribution, and without the requirement of any permission from or payment to you or to any other person or entity, in any manner (including, without limitation, for commercial, publicity, trade, promotional, or advertising purposes) and in any and all media now known or hereafter devised, and to prepare derivative works of, or incorporate into other works, such User Material, and to grant and authorize sublicenses of the foregoing without any payment of money or any other form of consideration to you or to any third party.  Laugh at Adversity may include your User Material in Content that is made available to others through the Site.  You acknowledge that Laugh at Adversity has no control over User Material once it leaves the Site, and it is possible that others may duplicate material found on the Site, including, but not limited to, on other sites on the Internet.  You represent and warrant that you own or otherwise control the rights to your User Material.  You agree to indemnify Laugh at Adversity for all claims arising from or in connection with any claims to any rights in your User Material or any damages arising from your User Material.

Any inquiries, feedback, suggestions, ideas, other information that you provide to us will be treated as non-proprietary and non-confidential.  By transmitting, uploading, posting, e-mailing, or otherwise making submissions to the Site, you grant, and you represent and warrant that you have the right to grant, to Laugh at Adversity an irrevocable, perpetual, non-exclusive, royalty free, worldwide license to use, copy, perform, display, edit, distribute and otherwise exploit such submissions, or any portion thereof and any ideas, concepts, or know how contained therein, with or without attribution, and without the requirement of any permission from or payment to you or to any other person or entity, in any manner (including, without limitation, for commercial, publicity, trade, promotional, or advertising purposes) and in any and all media now known or hereafter devised, and to prepare derivative works of, or incorporate into other works, such submissions, and to grant and authorize sublicenses of the foregoing without any payment of money or any other form of consideration to you or to any third party.  You also acknowledge that your submissions will not be returned to you and that Laugh at Adversity has no obligation to acknowledge receipt of or respond to any submissions. If you make a submission, you represent and warrant that you own or otherwise control the rights to your submission.  You agree to indemnify Laugh at Adversity for all claims arising from or in connection with any claims to any rights in any submission or any damages arising from any submission.

13. CONTENT DISCLAIMER.

Laugh at Adversity provides the Content for the purpose of Visitor information and reflection.  However, we do not and cannot explicitly guarantee verbally or in writing the effectiveness of the Content to each Visitor.  Any Products or Services sold by Laugh at Adversity are subject to this Terms of Service Agreement, including, without limitation, Sections 5 and 6 above.  

The Content on this Site is provided subject to the Visitor acknowledging the following disclaimers:

(i) Personal Views.  All Content on the Site is solely a representation of the personal research, views and opinions of the Laugh at Adversity content creators.

(ii) Not Medical Advice.  The Content on this Site or provided through blogs, e-mails, programs, Services or Products is not intended to be a substitute for professional medical advice, diagnosis or treatment that can be provided by your physician, therapist, or any other qualified licensed health care provider.  The purpose of Laugh at Adversity is to serve as a coach, inspirer, mentor and guide to help Visitors overcome challenges and reach their own personal goals.  

Laugh at Adversity is not a health care or medical provider, nor should our Content, Products or Services be considered medical advice.  Only a physician or other health care provider can provide medical advice.  Laugh at Adversity makes no claims, representations or guarantees that the Site, Products or Services provide a therapeutic benefit.

Any health information and links on the Site, whether provided by Laugh at Adversity or by contract from outside providers, is provided simply for your convenience.  Any advice or other materials on the Site, or in the Products or Services, are intended for general information purposes only.  They are not intended to be relied upon and are not a substitute for professional medical advice based on Visitor’s individual conditions and circumstances.  The advice and other materials we make available are intended to support the relationship between Visitor and your healthcare providers and not to replace it.  Laugh at Adversity is not liable or responsible for any consequences of Visitor having read or been told about such advice or other materials as Visitor assumes full responsibility for Visitor’s decisions and actions.  To the fullest extent permitted by law, Laugh at Adversity makes no representation or warranties about the accuracy, completeness, or suitability for any purpose of the advice, other materials and information published as part of the Site, the Products or the Services.

(iii) For Educational and Informational Purposes Only. The Content on this Site, including, without, limitation, blogs, guest blogs, e-mails, programs, Services and/or Products is for educational and general informational purposes only, and is made available to Visitors as self-help tools for Visitor’s own use.  Laugh at Adversity endeavors to provide current and accurate information, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the Content, Products, Services, or other information on this Site for any purpose.  Any reliance you place on such information is therefore strictly at Visitor’s own risk.  

(iv) Personal Responsibility. Laugh at Adversity aims to accurately represent the Content provided on this Site, including, without limitation, blog, e-mails, programs, Services, and Products.  Visitor acknowledges that Visitor is participating voluntarily in using our blog or in any of our e-mails, and Visitor is solely and personally responsible for their results.  

(v) Protection Against Visitors. Laugh at Adversity uses its best efforts to maintain a friendly and respectful environment on our Site, including, without limitation, blogs.  Notwithstanding the foregoing, Laugh at Adversity is not responsible, nor will be held liable, for anything anyone says on the Site, including, without limitation, in the blog, guest blogs, blog comments, or e-mails.  

(vi) Blog Images. Laugh at Adversity claims no credit for any images posted on this Site unless otherwise noted.  Images on this Site are subject to the copyright of their respectful owners.  If there is an image appearing on this blog that belongs to you and do not wish for it appear on this Site, please e-mail us with a link to said image and it will be promptly removed.

(vii) No Guarantees. Laugh at Adversity endeavors to support and assist Visitors in reaching their goals through writing and inspirational posts.  Visitor acknowledges that Visitor’s success depends on the Visitor’s own efforts, motivation, commitment and follow-through.  Laugh at Adversity cannot and does not guarantee that Visitors will obtain a particular result.  Visitor accepts the risk that results differ by each individual.  As with any personal development pursuit, Visitor’s results may vary, and will be based on many variables, including but not limited to, Visitor’s individual capacity, life experience, unique health and medical profile, starting point, expertise, and level of commitment.

Laugh at Adversity shall not be liable, in any way, for incidental or consequential damages or losses sustained, or aggravated, by Content whether or not made verbally or in writing on or in connection with this Site.

14. RELEASE.

VISITOR HEREBY AGREES THAT LAUGH AT ADVERSITY SHALL NOT BE LIABLE AND HEREBY WAIVES, RELEASES AND DISCHARGES LAUGH AT ADVERSITY FOR ANY AND ALL CLAIMS, DEMANDS, OBLIGATIONS, LIABILITY AND DAMAGES, ACTUAL OR CONSEQUENTIAL, OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, THE VISITOR MAY HAVE REGARDING, ARISING OUT OF OR IN CONNECTION WITH ANY DISPUTE ARISING OUT OF ANY TRANSACTION OR THE CONTENT, PRODUCTS OR SERVICES PROVIDED HEREBY BY LAUGH AT ADVERSITY, INCLUDING BUT NOT LIMITED TO, ANY DISPUTE ARISING FROM THE UNAUTHORIZED USE OF THE VISITOR’S CREDIT CARD OR DEBIT CARD.

15. ARBITRATION; LAW GOVERNING AND FORUM SELECTION CLAUSE.

PLEASE NOTE THAT THIS TERMS OF SERVICE AGREEMENT CONTAINS AN ARBITRATION CLAUSE.  VISITOR AND LAUGH AT ADVERSITY AGREE THAT DISPUTES RELATING TO THIS TERMS OF SERVICE AGREEMENT AND VISITOR’S USE OF THE PRODUCTS AND/OR SERVICES WILL BE RESOLVED BY MANDATORY BINDING ARBITRATION, AND VISITOR WAIVES ANY RIGHT TO PARTICIPATE IN A CLASS-ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.

This Terms of Service Agreement and the Privacy Policy shall be governed in all respects by the laws of the Commonwealth of Massachusetts.  Laugh at Adversity and Visitors submit to jurisdiction in Massachusetts and further agree that any controversy or claim arising out of or relating to this Terms of Service Agreement, the Privacy Policy, the Content, Products or the Services shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association.  The arbitration shall be conducted in Boston, Massachusetts, and judgment on the arbitration award may be entered into any court having competent jurisdiction thereof.  Either the Visitor or Laugh at Adversity may seek any interim or preliminary relief from a court of competent jurisdiction in Massachusetts necessary to protect the rights or property of the Visitor or Laugh at Adversity pending the completion of arbitration.

16. NO AGENCY.

The Visitor and Laugh at Adversity are independent parties and no agency or other fiduciary relationship is intended or created by this Terms of Service Agreement.

17. LINKS.

This Site may provide links or reference to other Internet sites.  Laugh at Adversity does not endorse any such site and has no responsibility for the content of such other sites and shall not be liable for any damages or injury arising from such content.  Laugh at Adversity is not responsible in any way for: (a) the availability; (b) the privacy and security practices of; (c) the content, advertising, products, services or other materials or resources on or available from; or, (d) the use to which others make of these other sites, products or services.    

Any links to other sites are provided merely as a convenience, and not as a recommendation, to the users of this Site. Visitor acknowledges that any access is at Visitor’s sole discretion and for Visitor’s information only.  

18. PRIVACY.

Any communications Visitors send to this Site or otherwise to Laugh at Adversity by electronic mail, with the exception of personally identifiable information, are on a non-confidential basis.  Laugh at Adversity is under no obligation to refrain from reproducing, publishing or otherwise using them in any way for any purpose.  Laugh at Adversity shall be free to use the content of any such communications, including any ideas, inventions, concepts, techniques or know-how disclosed therein, for any purpose, including, without limitation, developing, manufacturing and/or marketing of Products or Services.  Use of any personally identifiable information will be governed by the Laugh at Adversity Privacy Policy.  

19. END USER LICENSE.

Subject to the terms of this Terms of Service Agreement, Laugh at Adversity grants Visitor a limited, non-exclusive, revocable license to stream, download and make personal non-commercial use of the Site, the Products and the Services.  The Site, the Products and the Services contain or embody copyrighted material, trademarks, proprietary material or other intellectual property of Laugh at Adversity or its licensors.  All right, title and ownership in the Content, Product and Services remain with Laugh at Adversity or its licensors, as applicable.  The rights to download and use the Content, Products and Services are licensed to Visitor and are not being sold to you, and Visitor has no rights in them other than to use them in accordance with this Terms of Service Agreement.

Visitor agrees that Visitor will not and will not assist or permit any third party to:

(a) Copy, store, reproduce, transmit, modify, alter, reverse engineer, emulate, decompile, or disassemble the Site, the Products or the Services in any way, or create derivative works of the same;

(b) Use the Site, the Products, the Services or any part of them to create any tool or software product that can be used to create software applications of any nature whatsoever;

(c) Rent, lease, loan, make available to the public, sell or distribute the Content, the Products or the Services in whole or in part;

(d) Tamper with the Site, the Products or the Services or circumvent any technology used by Laugh at Adversity or its licensors to protect any content accessible through the Site, the Products or the Services;

(e) Circumvent any territorial restrictions applied to the Site, the Products or the Services; or,

(f) Use the Site, the Products or the Services in a way that violates this Terms of Service Agreement.

Visitor may not make the Content, the Products or the Services available to the public.  The Content, the Products and the Services made available (in whole or in part) are owned by Laugh at Adversity or its licensors and Visitor’s use of them must be in accordance with this Terms of Service Agreement.

20. DIGITAL MILLENIUM COPYRIGHT ACT (“DMCA”) NOTICE.

Laugh at Adversity is committed to complying with copyright and related laws, and we require all Visitors of the Site to comply with these laws.  Accordingly, Visitor may not store any material or content on, or disseminate any material or content over, the Site in any manner that constitutes an infringement of third party intellectual property rights, including rights granted by copyright law.  Owners of copyrighted works in the United States who believe that their rights under copyright law have been infringed may take advantage of certain provisions of the U.S. Digital Millennium Copyright Act of l998 (the “DMCA”) to report alleged infringements.

Visitor may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such intellectual property or proprietary rights.  It is our policy to terminate privileges of any Visitor that repeatedly infringes the copyright rights of others upon receipt of proper notification to us by the copyright owner or the copyright owner’s legal agent.

If you feel that a posted message is objectionable or infringing, we encourage you to

contact us immediately.  Upon our receipt of a proper notice of claimed infringement under the DMCA, we will respond promptly to remove, or disable access to, the material claimed to be infringing and will follow the procedures specified in the DMCA to resolve the claim between the notifying party and the alleged infringer who provided the content in issue.  

If you believe that your work has been copied and posted on the products in a way that constitutes copyright infringement, please provide Laugh at Adversity with the following information:

(a) An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;

(b) A description of the copyrighted work or other intellectual property that you claim has been infringed;

(c) A description of where the material that you claim is infringing is located on the Site;

(d) Your address, telephone number, and email address;

(e) A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law; and,

(f) A statement by you, made under penalty of perjury, that the information contained in your report is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.

Please e-mail Laugh at Adversity notice of claims of copyright infringement using the subject line DMCA.

21. ASSIGNMENT.

Laugh at Adversity may transfer its rights and obligations under this Terms of Service Agreement to any company, firm or person at any time, provided such transfer does not materially affect Visitor’s rights hereunder.  Visitor may not transfer Visitor’s rights or obligations under this Terms of Service Agreement to anyone else.  This Terms of Service Agreement is personal to Visitor and no third party is entitled to benefit under this Terms of Service Agreement except as specifically set forth herein.

22. NO WAIVER; FORCE MAJEURE.

No Waiver.  If Laugh at Adversity delays in exercising or fails to exercise or enforce any right available to it under this Terms of Service Agreement, such delay or failure does not constitute a waiver of that right or any other rights under this Terms of Service Agreement.

Force Majeure.  Laugh at Adversity will not be liable to Visitor for any lack of performance, or the unavailability or failure, of the Site, the Products or the Services, or for any failure or delay by Laugh at Adversity to comply with this Terms of Service Agreement, where such lack, unavailability or failure arises from any cause beyond Laugh at Adversity’s reasonable control.

23. INTERPRETATION; SEVERABILITY.

Interpretation.  In this Terms of Service Agreement, unless the context requires otherwise: (i) any phrase introduced by the words “including”, “include”, “in particular”, “for example” or any similar expression shall be construed as illustrative only and shall not be construed as limiting the generality of any preceding words; and, (ii) references to the singular include the plural and to the masculine include the feminine, and in each case vice versa.

Severability.  In the event that any court of competent jurisdiction shall finally determine that any provision, or any portion thereof, contained in this Terms of Service Agreement shall be void or unenforceable in any respect, then such provision shall be deemed limited to the extent that such court determines it enforceable, and as so limited shall remain in full force and effect.  In the event that such court shall determine any such provision, or portion thereof, wholly unenforceable, the remaining provisions of this Terms of Service Agreement shall nevertheless remain in full force and effect.

24. ELECTRONIC COMMUNICATIONS.

Applicable laws require that some of the information or communications we send to you should be in writing.  When using the Site, the Products and/or the Services, you agree to transact with us electronically, and that communication with us will be mainly electronic.  Laugh at Adversity will contact you by e-mail or provide you with information by posting notices on the Site.  You agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing.

In order to retain a copy, please select “Print,” and select the appropriate printer.  If you do not have a printer, you may be able to print to a file from your browser, or you can copy the text and paste them into a new document in a word processor or a text editor on your computer and save the text.

You have the right to receive a paper copy of any communications required to be in writing.  To receive a paper copy, please request a paper copy by e-mailing Laugh at Adversity.  We may charge you a reasonable service charge to mail you a paper copy of any communication.  We will either include such service charge on our fee schedule or we will first inform you of the charge and provide you with the choice as to whether you still want us to send you a paper copy.  Please be sure to state that you are requesting a copy of the particular communication.

Laugh at Adversity reserves the right, in its sole discretion, to discontinue the provision of your electronic communications, or to terminate or change the terms and conditions on which we provide electronic communications. We will provide you with notice of any such termination or change as required by law.

25. THIRD PARTY RIGHTS.

A person who is not party to this Terms of Service Agreement will not, subject to Section 20 (DMCA), have any rights under or in connection with this Terms of Service Agreement.

26. ENTIRE AGREEMENT.

This Terms of Service Agreement, the Privacy Policy and any other document expressly referred to in them constitute the whole agreement between Laugh at Adversity and Visitor and supersede all previous discussions, correspondence, negotiations, previous arrangement, understanding or agreement between us relating to their subject matter.  Laugh at Adversity and Visitor each acknowledge that neither of us relies on, or will have any remedies with respect to, any representation or warranty (whether made innocently or negligently) that is not set out in this Terms of Service Agreement or the documents referred to in them.  Each of us agrees that our only liability with respect to those representations and warranties that are set out in this Terms of Service Agreement (whether made innocently or negligently) will be for breach of contract.  To the extent required by applicable law, nothing in this section limits or excludes any liability for fraud.