ACCEPTANCE OF THIS AGREEMENT
www.SurvivalSullivan.com (the “Website”) is operated by Lando Vision S.R.L. By navigating this site, you agree to the terms and conditions outlined below. Your access to and use of the Website is subject exclusively to these Terms and Conditions.
You will not use the Website for any purpose that is unlawful or prohibited by these Terms and Conditions. By using the Website you are fully accepting the terms, conditions and disclaimers contained in this notice. If you do not accept these Terms and Conditions you must immediately stop using the Website.
PROPERTY
All information contained on this website EXCEPT FOR THE COMMENTS MADE IN THE COMMENTS SECTION is our property and we reserve the right to change the information on this website as well as any of its products without notice.
The blog comments are the property of their respective owners. The website staff reserves the right to edit or delete spammy, offensive and racist comments.
The products sold on this website are for general information purposes only. The products are not intended to be used by anyone under the age of 18 years old.
CHANGES TO WEBSITE, SOFTWARE, AND SERVICES
We reserve the rights to:
- change or remove (temporarily or permanently) the Website or any part of it without notice and you confirm that we shall not be liable to you for any such change or removal.
- change, remove, or discontinue any software, service, or promotion (including but not limited to any previsions, parts thereof, licensing, pricing) as advertised on this website at any time without notice and you confirm that we shall not be liable for any such change or removal.
- change or discontinue any promotional discount vouchers or coupon codes at any time without notice and you confirm that we shall not be liable for any such change or removal.
- change this Agreement at any time, and your continued use of the Website following any changes shall be deemed to be your acceptance of such change.
LINKS TO THIRD PARTY WEBSITE’S
Any link we post in our articles or comments leading to other websites (a.k.a. external links) are not endorsements of such websites, and you acknowledge that we are not responsible for the content or availability of any such sites.
COPYRIGHT
The Intellectual Property Rights in this website and the materials on or accessible via it belong to survivalsullivan.com or its licensors.
This website and the materials on or accessible via it and the Intellectual Property Rights therein may not be copied, distributed, published, licensed, used or reproduced in any way (save to the extent strictly necessary for, and for the purposes of, accessing and using this website).
LIMITATION OF LIABILITY
The Website is provided on an “AS IS” and “AS AVAILABLE” basis without any representation or endorsement made and without warranty of any kind whether express or implied, including but not limited to the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy.
To the extent permitted by law, we will not be liable for any indirect or consequential loss or damage whatever (including without limitation loss of business, opportunity, data, profits) arising out of or in connection with the use of the Website. We cannot be held liable for any accidents, injuries, or misfortunes through the use of the information presented on this website.
We make no warranty that the functionality of the Website will be uninterrupted or error-free, that defects will be corrected or that the Website or the server that makes it available is free of viruses or anything else that may be harmful or destructive.
Nothing in these Terms and Conditions shall be construed so as to exclude or limit our liability for death or personal injury as a result of our negligence, our employees or our agents.
The information on this blog is designed to help you make more informed decisions regarding survival, preparedness, fitness and, sometimes, health, medical and legal aspects. Neither the website nor the authors of these articles are responsible for the negative effects of you applying this information provided. You are solely responsible for that.
It is recommended that you consult a doctor, a certified fitness trainer or a certified survival instructor before attempting any of the information provided on this website. We also recommend you consult a lawyer before you put into practice any legal advice found on this Website.
This website does NOT offer medical advice. If you experience any side effects, call 911 immediately. This website shall not be used to deal with medical emergencies.
VIEWS EXPRESSED
The views expressed in the articles’ comments section are not necessarily those of the author or authors of the corresponding articles or those of the website owners. The views expressed in the comments section belong to their authors, and neither this website nor its authors or owners shall be held liable for those 3rd party views.
COMMENTS POLICY
We monitor and approve each and every comment our readers try to post on this Website. We do this because we want to ensure the quality and safety of our readers, and to make this a family-friendly place where you can share thoughts and ideas, and learn about survival.
That being said, in order to post a comment on this Website, you have to follow these rules:
- The comment needs to be on topic.
- The comments need to be in English.
- The comment must not be rude, offensive, provocative, or aggressive.
- Comments that are really long, repetitive, contain self-promotion, promotion of products or services, or self-harm.
- Your comment needs to add value to the article and to its readers.
- No foul language.
- No racial slurs
- If you feel you need to use bad language to express your opinion, take a moment to rephrase before writing.
- No inflammatory comments. Think about where the conversation is going before you post.
By submitting a comment you agree that it is your own, and you are solely responsible for any repercussions deriving from it. The website owner will not be held responsible for any repercussions following the advice you give in your comments.
APPLICABLE LAW AND DISPUTE
This Agreement and all matters arising from it are governed by and construed in accordance with the laws of the Romania courts. The courts shall have exclusive jurisdiction over all disputes arising in connection with this Agreement. The place of performance of this Agreement is agreed by you to be Romania.
USAGE
The owner of this website does not consent to the content on this website being used or downloaded by any third parties for the purposes of developing, training or operating artificial intelligence or other machine learning systems (“Artificial Intelligence Purposes”), except as authorized by the owner in writing (including written electronic communication). Absent such consent, users of this website, including any third parties accessing the website through automated systems, are prohibited from using any of the content on the website for Artificial Intelligence Purposes. Users or automated systems that fail to respect these choices will be considered to have breached these Terms and Conditions.
PERSONAL DATA
This website may store your IP address and issue cookies on your computer. We are also storing cookies on your computer in order to avoid showing you popup windows each time you visit.
If you don’t agree with such sensitive information being stored on your computer, you must leave this website immediately.
By entering your e-mail address, you agree that it’ll be stored in our database, which can either be on our own servers or on third-party systems, depending on where we choose to do it. By entering your e-mail to download any of our free PDFs, you also agree to subscribe to our newsletter and receive daily emails or even emails twice a way.
The Survival Sullivan newsletter is 100% – so free of charge! This means that there will be ads, as well as promotional newsletters, either paid for by a 3rd party or to promote our in-house products.
You can unsubscribe from our newsletters at any time by clicking the unsubscribe link from any of the emails you receive from us, or you can contact us at this link.
We will not sell your email to anyone but we do rent our lists, meaning we may send you messages using our branding on our sponsors’ behalf.
Should the website and the email database ever be sold to a 3rd party, all of your personal data shall be transferred to the new owner.
FRAUD
ANY ATTEMPT TO ALTER IN ANY WAY THE CONTENT OF THE WEBSITE SURVIVALSULLIVAN.COM OR TO AFFECT THE PERFORMANCES OF THE SERVER ON WHICH IT RUNS THE WEBSITE SURVIVALSULLIVAN.COM WILL BE CONSIDERED AS A FRAUD ATTEMPT OF THE WEBSITE SURVIVALSULLIVAN.COM.
IN THIS CASE, WE WILL START LEGAL ACTION AGAINST THOSE WHO HAVE MADE THIS ATTEMPT AND TO THOSE WHO HELPED THEM.
We reserve the right to add, delete, or modify any provision this Agreement at any time without notice.
Binding Arbitration (“Arbitration Agreement”)
a. Applicability of Arbitration Agreement. You agree that any dispute or claim against us, or our vendors or service providers(collectively, “We” or “Us”), related in any way to your access or use of this website, to these Terms, or to any aspect of your relationship with Us, will be resolved by binding arbitration, rather than in court, except that (1) you may assert claims in small claims court if your claims qualify, so long as the matter remains in such court and advances only on an individual (non-class, non-representative) basis; and (2) you or We may seek equitable relief in court for infringement or other misuse of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents). You agree that you must commence any arbitration or other claim within one (1) year after the dispute arises; otherwise, the claim is permanently barred, which means that you will no longer have the right to assert a claim regarding the dispute. This Arbitration Agreement will apply, without limitation, to all claims that arose or were asserted before the effective date of these Terms or any prior version of this Arbitration Agreement.
You agree in advance that you will not participate in or seek to recover monetary or other relief in any lawsuit filed against Us, alleging class, collective, and/or representative claims on your behalf. Instead, by agreeing to arbitration, you may bring your claims against any of Us in an individual arbitration proceeding (except for any Batch Arbitration, as described below). If successful on such claims, you could be awarded money or other relief by an arbitrator. You acknowledge that you have been advised that you may consult with an attorney in deciding whether to accept these Terms, including this Arbitration Agreement.
The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement.
b. Process. To begin a claim, you must first send a letter describing your claim in detail, including your name and contact information, your legal claim, the specific facts giving rise to your claim (including the date(s) and amount(s) of any relevant transaction or interaction with us), and the requested relief, to [physical address]. You and We agree to attempt in good faith to negotiate an informal resolution of your claim. If a resolution is not reached within thirty (30) days, you may commence an arbitration action as set forth herein. The arbitration will be conducted by an established alternative dispute resolution provider registered with the Romanian organization “Curtea de Arbitraj” Comercial). You may choose to have the arbitration conducted remotely, based on written submissions, or in person at a mutually agreed location. We will be entitled to make an offer of judgment in the arbitration proceeding. If the offer of judgment is not accepted, and the award is not more favorable than the unaccepted offer, you will be solely responsible for all costs incurred by Us after the offer of judgment is made to the extent permitted by applicable law. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
c. Fees. If the arbitrator finds that you cannot afford to pay the arbitration filing, administrative, hearing, and/or other fees, and you cannot obtain a waiver, we will pay them for you. If the arbitrator determines the claims are frivolous, you agree to pay Us our attorneys’ fees and costs in the arbitration, to the extent permitted by applicable law.
d. Authority of Arbitrator. The arbitrator, and not any federal, state, or local court or agency, will have exclusive authority to resolve any dispute related to the interpretation, applicability, enforceability, or formation of this Arbitration Agreement, including, but not limited to, any claim that all or any part of this Arbitration Agreement is void or voidable. The arbitration will decide the rights and liabilities, if any, of you and Us. The arbitration proceeding will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator will have the authority to grant motions dispositive of all or part of any claim. The arbitrator will have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the arbitral forum’s rules, and these Terms (including the Arbitration Agreement). The arbitrator will issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and Us.
e. Waiver of Jury Trial. You and We hereby waive any constitutional and statutory rights to sue in court and have a trial in front of a judge or a jury. You and We are instead electing that all claims and disputes will be resolved by arbitration under this Arbitration Agreement, except as specified in Section (a) above. An arbitrator can award on an individual basis the same damages and relief as a court and must follow this Agreement as a court would. However, there is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review.
f. Waiver of Class or Consolidated Actions. Except with respect to Batch Arbitration (as defined below), all claims and disputes within the scope of this Arbitration Agreement must be arbitrated on an individual basis and not on a class basis, only individual relief is available, and claims of more than one customer or user cannot be arbitrated or consolidated with those of any other customer or user. In the event that this subparagraph is deemed invalid or unenforceable neither you nor We are entitled to arbitration and instead claims and disputes will be resolved in a court as set forth in these Terms.
g. Batch Arbitration. You and We agree that, in the event that there are fifty (50) or more individual requests for arbitration of a similar nature filed against Us within an approximately (30) thirty-day period (or otherwise in close proximity) regardless of the state(s) in which such claims are filed, The arbitrator will administer all such similarly situated arbitration demands on a collective basis as a single, consolidated arbitration (subject to a single set of fees, proceeding schedule, and, if required, hearing) before a single arbitrator in accordance with the requirements outlined elsewhere in this section, provided that – in the event that the arbitrator deems it impracticable or inequitable to administer all such claims collectively in a single arbitration – (s)he may group demands for arbitration into groups of not fewer than twenty (20) matters, plus a remainder group as needed (or as otherwise deemed by the arbitrator to be practicable, equitable, and in best keeping with the spirit of this provision) and arbitrate each group of matters as a single, consolidated arbitration (either structure a “Batch Arbitration”). You and We agree (1) to work with the arbitrator in good faith to facilitate the resolution of disputes on a Batch Arbitration basis and (2) that requests for arbitration are of a “similar nature” if they arise out of the same event, agreement, or factual scenario and raise the same or similar legal issues and seek the same or similar relief. Disagreements over the applicability of this Batch Arbitration process will be settled in a single, consolidated arbitration proceeding that includes all affected parties and is resolved by a single arbitrator subject to the requirements of this section. This Batch Arbitration provision shall in no way be interpreted as authorizing a class or collective arbitration or action of any kind, or any suit or arbitration involving joint or consolidated claims, under any circumstances other than those expressly set forth in this section.
h. Severability. If any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable, then such specific part or parts will be of no force and effect and will be severed, and the remainder of the Arbitration Agreement will continue in full force and effect.
i. Survival. This Arbitration Agreement will survive the termination of your relationship with Us.
j. Modification. Notwithstanding any provision in these Terms to the contrary, We agree that if We make any future material change to this Arbitration Agreement, it will not apply to any individual claim(s) for which that you had already provided notice to Us.
Consent to Data Collection for the Purposes of Arbitration. These Terms of Service incorporate our Privacy Policy, which discloses how we, our vendors, and our service providers collect and use data when you use the Site and/or mobile applications. You hereby consent to the collection and use of data by us, our vendors, and our service providers as described in the Privacy Policy (including any links to other policies therein). You can revoke this consent at any time by following the opt-out instructions in the Privacy Policy or clicking the provided links on the Site.
Limitations on Liability. YOU UNDERSTAND AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE, OR OUR VENDORS OR SERVICE PROVIDERS (COLLECTIVELY, “WE” OR “US”), SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE WEBSITE. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF ANY OF US EXCEED THE GREATER OF (A) THE TOTAL AMOUNT PAID OR PAYABLE TO RAPTIVE BY YOU FOR THE WEBSITE DURING THE SIX-MONTH PERIOD PRIOR TO THE ACT, OMISSION, OR OCCURRENCE GIVING RISE TO SUCH LIABILITY; OR (B) ONE HUNDRED U.S. DOLLARS ($100). THE LIMITATIONS OF THIS SUBSECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT, OR OTHERWISE, AND WHETHER OR NOT THE PARTIES HAVE BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED ITS ESSENTIAL PURPOSE.