Website Terms and Conditions

 

 

Last Modified: March 10, 2021

 

1. Acceptance of the Terms and Conditions. These terms and conditions are entered into between You and OTHERNESS ENGAGMENTS, LLC, an Arizona limited liability company (“Company,” “us,” or “we”). The following, along with any other documents expressly incorporated by reference (collectively and as amended from time to time, the “Terms and Conditions”), govern your use of OthernessPodcast.com and all websites owned or operated by Company, including any content, functionality, and services offered on or through OthernessPodcast.com (collectively, the “Site”). By using the Site, you represent and warrant that you are 13 years of age or older, or are visiting the Site under the supervision of a parent or guardian. If you are 13 or older but under the age of 18, you must review these Terms and Conditions with your parent or guardian to make sure that you and your parent or guardian understand it.

   PLEASE READ THE FOLLOWING TERMS AND CONDITIONS (AND THE DOCUMENTS REFERENCED HEREIN) CAREFULLY BEFORE USING THE SITE AS THEY CONTAIN THE TERMS AND CONDITIONS ON WHICH WE ALLOW YOU TO ACCESS AND USE THE SITE. THESE TERMS AND CONDITIONS ALSO APPLY TO ANY CORRESPONDENCE BETWEEN US. BY ACCESSING THE SITE, YOU AGREE TO BE BOUND AND ABIDE BY THESE TERMS AND CONDITIONS. IF YOU DO NOT UNCONDITIONALLY AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU ARE NOT AUTHORIZED TO ACCESS OR OTHERWISE USE THE SITE.

 

By your access and use of the Site, you also agree to the terms of our Privacy Policy, which is available in full and subject to the provisions set out below in Section 3.

 

2. Definitions. Each term defined in the above Section has its assigned meaning, and each of the following terms has the meaning assigned to it:

 

• “Content” means all of the software and code comprising or used to operate this Site, and all of the text, photographs, illustrations, graphics, sound recordings, video and audio-video clips, and all other materials available on this Site, including User-Generated Content as defined below.

 

• “Copyright Materials” is defined in Section 8.2.

 

• “Fair Use” means the legal doctrine that permits limited uses of copyrighted material under certain limited circumstances without acquiring prior permission from the rights holder.

 

• “Guests” means those individuals featured in the Otherness Podcast with Dr. Todd Peter Levine.

• “including” means “including, but not limited to.”

 

• “Podcast” means the Otherness Podcast hosted by Dr. Todd Peter Levine and produced by Company.
• “Podcast Host” means the host of the Otherness Podcast, Dr. Todd Peter Levine.

 

• “Trademark Materials” is defined in Section 8.1.

 

• “User-Generated Content” means all text, photographs, images, illustrations, graphics, sounds, video and audio-video clips, and any other content that you post using the social networking tools available on the Site, including any feedback that you post or send to the Company regarding improvements to the Site or the Content.

 

  

3. Privacy Policy and Personal Information. By using this Site, you agree to the terms of our Privacy Policy, which is expressly incorporated herein. Before using this Site, you must carefully review our Privacy Policy. All personal information provided to us as a result of your use of this Site will be handled in accordance with our Privacy Policy. To the extent there are inconsistencies between these Terms and Conditions and our Privacy Policy, these Terms and Conditions control.

 

 

4. Modification and Termination. These Terms and Conditions are applicable to you upon your accessing the Site, whether as a guest or registered user. Company, in its sole discretion, may modify, amend, supplement, or terminate the Site or Terms and Conditions without notice, at any time and for any reason. The provisions herein relating to Intellectual Property, Disclaimers, Limitation of Liability, Indemnification, and Miscellaneous shall survive any termination. If you do not agree to, or accept, any change to the Site or Terms and Conditions, you must refrain from using the Site.

 

 

5. Nature of the Site. The Site and its Content are provided on an ‘as is’ basis. Except as explicitly set forth in Section 11 hereof, Company makes no representations or warranties of any kind with respect to our Site or its contents and disclaims all such representations and warranties. The Content contained on our Site is subject to change from time to time without further notice. Please note that our Site is available only to entities, persons or individuals that can form legally binding contracts under applicable law.

 

 

6. Site Availability. If the need arises, we may suspend access to our Site or close it, or any part of it, indefinitely and without further notice to you or any third-party.

 

7. Content of the Site and Podcast. All content and materials published on our Site are presented solely for your personal and non-commercial use. Information, commentary, and other materials posted on our Site are not intended to amount to advice on which reliance should be placed. In particular, all User-Generated Content posted on our Site may not be monitored or pre-approved by us and may contain inaccuracies. In accordance with Section 11 and Section 12 hereof, Company disclaims liability and responsibility arising from any reliance placed on such materials by any visitor to our Site or listener of the Podcast, or by anyone who may be informed of any of its Contents.

   All of the opinions, discussions, or references made by the Company on the Site or by the Podcast Host during the Podcast represent the viewpoints and opinions solely of the Company and the Podcast Host. Any statements, discussions, or references made by a Guest of the Podcast are solely the viewpoints and opinions of said Guest.

   NONE OF THE DISCUSSIONS, INFORMATION, OR CONVERSATIONS ON THE PODCAST CONSTITUTE PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. YOU SHOULD ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTH PROVIDER WITH ANY QUESTIONS YOU MAY HAVE REGARDING A MEDICAL CONDITION. NEVER DISREGARD PROFESSIONAL MEDICAL ADVICE OR DELAY IN SEEKING IT BECAUSE OF THE CONTENTS OR INFORMATION FOUND ON THIS SITE OR DISCUSSED IN THE PODCAST.

   Your reliance on any information provided by Company, the Podcast, the Podcast Host, or a Guest of the Podcast or on the Site is solely at your own risk.

 

8. Intellectual Property. By accessing the Site, you acknowledge that this Site and all its Content are protected under applicable intellectual property and other laws, including without limitation the laws of the United States and other countries. All Content (and intellectual property rights therein) are either the property of Company or included on the Site with the permission of the rights owner. All Content is protected pursuant to applicable copyright and trademark law and shall at all times remain our proprietary property and/or shall at all times be vested in us or our related entities or third-party licensors.

   You understand that Company presenting and/or providing Content on this Site does not constitute a waiver of any of our rights in such Content. You do not acquire ownership rights to any such Content viewed through this Site. EXCEPT AS OTHERWISE PERMISSIBLE PURSUANT TO SECTION 8.3 AND SECTION 8.4 OR PURSUANT TO ANOTHER SECTION HEREIN, NONE OF THIS CONTENT MAY BE USED, COPIED, REPRODUCED, DISTRIBUTED, REPUBLISHED, DOWNLOADED, MODIFIED, DISPLAYED, POSTED OR TRANSMITTED IN ANY FORM OR BY ANY MEANS, INCLUDING ELECTRONIC, MECHANICAL, PHOTOCOPYING, RECORDING, OR OTHERWISE, WITHOUT OUR EXPRESS PRIOR WRITTEN PERMISSION.

 

• Trademarks. The Company name and logos, all service names, all graphics, all button icons, and all trademarks, service marks and trade names (including the “Otherness Podcast” name, primary domain name (OthernessPodcast.com), redirect names, and misspelled domain names) are trademarks, service marks, and/or trade names of Company (collectively, the “Trademark Materials”). You may not use or display any of the Trademark Materials without our prior written permission.

  All other trademarks, company names, logos, service marks and/or trade dress mentioned, displayed, cited, or otherwise indicated within this Site are the property of their respective owners. You are not authorized to display or use same without the prior written permission of such owners.

• Copyrights. The Content available on the Site, including text, graphics, code, or recordings of the Podcast, is copyrighted as a collective work under the United States and other copyright laws and is the property of Company (the “Copyright Materials”). The collective work includes works that are licensed to Company, and/or its affiliates. Permitted uses of the Copyright Materials is limited to those explicitly detailed in Section 8.4 herein.
• Podcast. The audio and other files that together comprise the Podcast episodes, or any other podcast featured on the Site, are also protected by U.S. and international copyright laws. As its producer, all rights to the Podcast originate from Company, including the content and technology included therein, and all rights are reserved to Company. The Podcast is available for personal, noncommercial use only.

  You may link to the Podcast from your personal website, and audio files may be downloaded and played on any system for your personal, noncommercial purposes, provided that:

 

• you do not modify or delete any of the podcast content nor individual audio files;

 

• you do not redistribute the audio files made available as part of the Podcast nor any audio file downloaded from the Site;

 

• the use or display does not suggest that Company, its related companies, or the Podcast Host promotes or endorses any third party causes, ideas, Web sites, or services;

 

• audio files made available for download are not to be re-produced, edited, re-transmitted, or in any way repurposed without prior consent from the Company.

 

Company reserves the right to discontinue providing the Podcast or to require that you cease accessing or using the Podcast at any time for any reason.

 

The Podcast producer and/or Company may modify any of the terms and conditions contained herein, at any time and at our sole discretion, and such terms and conditions will become binding when placed online.

 

Under no circumstances and under no legal theory, tort, contract, strict, liability, or otherwise, may the Podcast producer, Company, or any related companies be liable to you or any other person for any indirect, special, incidental, damages for lost profits, loss of goodwill, work stoppage, accuracy of services, content or results, computer failure or malfunction, damages resulting from disabling of the services provided as part of the Podcast.

 

• Use of Copyright Material. In addition to the permitted uses of the Podcast granted in Section 8.3, you are permitted to access and use other Copyright Materials on our Site for your own personal or educational reference and non-commercial use. However, you may not: modify; copy; reproduce; republish; repurpose; retransmit; upload; or redistribute, by any means or in any manner, any Content on or downloaded from our Site, including but not limited to: text; graphics; messages; code; and/or software without our prior written consent. Notwithstanding the prior restrictions, videos, photos, audios, links and blogs from the Site may be added to other websites as links, but you must provide credit to the Site, the Podcast, and/or Company. Company is happy to have posts and videos shared, but you must show the respect to credit accordingly.

 

• Requests. If you are seeking permission to use any Copyright Materials other than as expressly permitted herein, please contact us by email: othernesspodcast@gmail.com. We will review the request, and if approved, your usage of the Copyright Materials will be subject to specified terms set out in such grant and you may be required to execute a license or other agreement prior to use of such Copyright Materials. Company reserves the right to withhold permission for any reason.

 

• Credited Works Recognized. All quotes are referenced by their original authors. If you find any contradictions or incorrect quotes as well as any quotes credited as unknown that you are aware of the author, please send an email to complaints at othernesspodcast@gmail.com with the subject line “Corrections.” We strive to make sure all quotes or content not created by Company is properly and correctly credited. If there is a meme image that is being used incorrectly, please share the information on the photo and it will be removed.

 

9. Prohibited Uses of the Site. You may use the Site only for lawful purposes. You may not use our Site in any way that breaches any applicable local, national, or international law or regulation; in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect; for the purpose of harming or attempting to harm minors in any way; to send, knowingly receive, upload, download, use, or re-use any material which does not comply with our content standards, including as set out in this document or the provisions of these Terms and Conditions; or to transmit, or procure the sending of, any unsolicited or unauthorized advertising or promotional material or any other form of similar solicitation (spam). You shall not in any way attempt to interfere with the proper working of our Site, including attempting to circumvent security, tamper with, hack into, or otherwise disrupt any computer system, server, website, router or any other Internet connected device. Moreover, you shall not knowingly transmit any data, or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware. Anyone misusing our Site by intentionally introducing viruses, trojans, worms, logic bombs, time-bombs, keystroke loggers, spyware, adware or other malicious or technologically harmful material, or attacking our Site via a denial-of-service attack or a distributed denial-of service attack, or attempting to gain unauthorized access to our Site, the server on which our Site is stored, or any server, computer or database connected to the Site may be committing a criminal offense.

   In the event that any of the aforementioned activities occur, we shall report such activity to the relevant law enforcement authorities and will cooperate with them by disclosing all relevant information, including the entrant’s identity. We reserve the right to seek damages and costs (including legal fees) from any such person to the fullest extent permitted by law.

 

 

10. User-Generated Content. This Section sets out certain terms and obligations between you and us under which you may access and use the Site by posting or contributing User-Generated Content. All User-Generated Content that you contribute to our Site is subject to all the provisions contained in these Terms and Conditions and apply to each part of any of your User-Generated Content as well as to its whole. You must comply with the spirit of the following standards as well as the letter.

    You agree to fully indemnify, defend, and hold Company and our officers, directors, employees, and agents, harmless immediately on demand, from and against all claims, liability, damages, losses, costs, and expenses, including reasonable legal fees, arising out of any User-Generated Content uploaded or transmitted by you through our Site.

    • Accuracy. The User-Generated Content that you post on the Site must: be accurate (where stating proven facts); be genuinely held (where stating opinions); and comply with applicable law in the United States and in any country from which they are posted.

      Your User-Generated Content must not: contain any material which is defamatory of any person; contain any material which is obscene, offensive, hateful, or inflammatory; promote sexually explicit material or promote violence; be used to impersonate any person, or to misrepresent your identity or affiliation with any person; promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age; infringe any copyright, database right or trade mark of any other person; be reasonably likely to deceive any person; advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse; be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence; promote any illegal activity; be threatening, abuse or invade another’s privacy, or be likely to cause annoyance, inconvenience or needless anxiety; be reasonably likely to harass, upset, embarrass, alarm or annoy any other person; or give the impression that the content emanates from us.

    • User Warranty. On each occasion that you contribute User-Generated Content to the Site, you warrant that your contribution complies with these Terms and Conditions, and you agree to indemnify us for any breach of this warranty. Please note that we reserve the right not to publish your User-Generated Content on the Site, for any reason and in our sole discretion.

 

• Making a Contribution. By contributing your User-Generated Content, you agree and/or warrant that:

 

• we have the right to use, copy, distribute, edit, shorten, publish, and disclose to third parties your User-Generated Content for any purpose, including but not limited to for advertising and promotional purposes in our information and/or marketing materials;
• you own all copyright and other rights, including to intellectual property rights and image rights, in your User-Generated Content;
• our use of the contribution will not constitute infringement of any of your rights, including, without limitation, copyright, defamation, privacy, publicity rights, or those rights of any third party;
• upon request, you will sign, or will procure from the relevant third parties, any and all documents necessary to transfer the copyright or any other rights in the User-Generated Content to us; and
• you release Company and all of its employees, investors, and affiliates from any and all claims, liabilities, responsibilities, or damages arising from using, copying, distributing, editing, shortening, publishing, disclosing and/or transmitting the contribution.

Any User-Generated Content that you contribute to the Site is non-confidential and non-proprietary. We have the right to disclose to any third party that is claiming that any of your User-Generated Content constitutes a violation of their intellectual property rights.

 

• Site Account.  If applicable, please ensure that the details you provide to Company and the Site are correct and complete. You must inform us immediately of any changes to the information that you provided when registering. If you choose, or are provided with a user identification code, password, or any other piece of information as part of our security procedures, you must treat such information as confidential and must not disclose it to any third party. You agree to accept responsibility for all activities that occur under your account or password. You should inform Company immediately if you suspect that your account is being, or likely to be, used in an unauthorized manner. We may disable any user identification code or password, whether chosen by you or allocated by us, at any time if in our opinion you have failed to comply with the provisions of the Terms and Conditions of our Site.
• Links to Other Websites. Users of our Site may have access to other sites in order to provide information, access to products, or value to users. Where the Site provides such links, you access such sites at your sole discretion and risk. We are not responsible for the content of any external websites, which we link to or which may link to our Site. We do not have any control over external websites, and you are solely responsible for complying with the terms of those sites. Accordingly, you hereby acknowledge and agree that access to any external or linked websites is at your sole risk.

  By accessing such linked external websites, you will be subject to their data protection and privacy policies or practices and other site content. The Company shall not be liability whatsoever for any loss, offense, or damage that you suffer or that results from your use of such sites or in connection with your use of any external linked website, including with respect to any reliance placed by you on any information therein.

• Content Monitoring. Company is not obliged to oversee, monitor, or moderate any of the User-Content on our Site, and we expressly exclude and disclaim our liability for any loss or damage arising from the use of, or reliance on, any User-Generated Content by other users.

 

 

11. DISCLAIMERS. WE MAKE NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THIS SITE OR ITS CONTENT, OR ANY PRODUCT OR SERVICE AVAILABLE ON OR PROMOTED THROUGH THIS SITE. THIS SITE AND ALL OF ITS CONTENT (INCLUDING USER-GENERATED CONTENT) ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, COMPANY, ITS AFFILIATES, AND THEIR SERVICE PROVIDERS AND LICENSORS DISCLAIM ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, ARISING BY STATUTE, CUSTOM, COURSE OF DEALING, COURSE OF PERFORMANCE OR IN ANY OTHER WAY, WITH RESPECT TO THIS SITE, ITS CONTENT, AND ANY PRODUCTS OR SERVICES AVAILABLE OR PROMOTED THROUGH THIS SITE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, COMPANY, ITS AFFILIATES, AND THEIR SERVICE PROVIDERS AND LICENSORS DISCLAIM ALL REPRESENTATIONS AND WARRANTIES (A) OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE; (B) RELATING TO THE SECURITY OF THIS SITE; (C) THAT THE CONTENT OF THIS SITE IS ACCURATE, COMPLETE OR CURRENT; OR (D) THAT THIS SITE WILL OPERATE SECURELY OR WITHOUT INTERRUPTION OR ERROR.

    WE DO NOT REPRESENT OR WARRANT THAT THIS SITE, ITS SERVERS, OR ANY TRANSMISSIONS SENT FROM US OR THROUGH THIS SITE WILL BE FREE OF ANY HARMFUL COMPONENTS (INCLUDING VIRUSES).

    COMPANY DOES NOT ENDORSE AND IS NOT RESPONSIBLE FOR STATEMENTS, ADVICE AND OPINIONS MADE BY ANYONE OTHER THAN AUTHORIZED COMPANY SPOKESPERSONS. WE DO NOT ENDORSE AND ARE NOT RESPONSIBLE FOR ANY STATEMENTS, ADVICE OR OPINIONS CONTAINED IN USER-GENERATED CONTENT AND SUCH STATEMENTS, ADVICE AND OPINIONS DO NOT IN ANY WAY REFLECT THE STATEMENTS, ADVICE AND OPINIONS OF COMPANY. WE DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES AGAINST THE POSSIBILITY OF DELETION, MISDELIVERY OR FAILURE TO STORE COMMUNICATIONS, PERSONALIZED SETTINGS, OR OTHER DATA. YOU ACCEPT THAT OUR SHAREHOLDERS, OWNERS, OFFICERS, DIRECTORS, EMPLOYEES AND OTHER REPRESENTATIVES SHALL HAVE THE BENEFIT OF THIS CLAUSE AND PROTECTION OF THIS DISCLAIMER.

    APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF CERTAIN WARRANTIES, SO ALL OR PART OF THIS DISCLAIMER OF WARRANTIES MAY NOT APPLY TO YOU.

 

12. LIMITATION OF LIABILITY. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS WE, ON BEHALF OF OUR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS, LICENSORS, AND AFFILIATES, EXCLUDE AND DISCLAIM LIABILITY FOR ANY LOSSES AND EXPENSES OF WHATEVER NATURE AND HOWSOEVER ARISING INCLUDING, WITHOUT LIMITATION, ANY DIRECT, INDIRECT, GENERAL, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES; LOSS OF USE; LOSS OF DATA; LOSS CAUSED BY A VIRUS; LOSS OF INCOME OR PROFIT; LOSS OF OR DAMAGE TO PROPERTY; CLAIMS OF THIRD PARTIES; OR OTHER LOSSES OF ANY KIND OR CHARACTER, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS SITE. YOU ASSUME TOTAL RESPONSIBILITY FOR ESTABLISHING SUCH PROCEDURES FOR DATA BACK UP AND VIRUS CHECKING AS YOU CONSIDER NECESSARY. THIS LIMITATION OF LIABILITY APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR ANY OTHER BASIS.

    IF ANY PART OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF THE RELEASED PARTIES FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED TEN DOLLARS ($10.00).

    This Site gives you specific legal rights, and you may also have other rights which vary from country to country. Some jurisdictions do not allow certain kinds of limitations or exclusions of liability, so the limitations and exclusions set out in these Terms and Conditions may not apply to you. Other jurisdictions allow limitations and exclusions subject to certain conditions. In such a case the limitations and exclusions set out in these Terms and Conditions shall apply to the fullest extent permitted by the laws of such applicable jurisdictions. Your statutory rights as a consumer, if any, are not affected by these provisions, and we do not seek to exclude or limit liability for fraudulent misrepresentation.

    THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
    

13. Severability. If any of these Terms and Conditions, or any provisions of a contract concluded under these Terms and Conditions, are determined by any competent authority to be invalid, unlawful, or unenforceable to any extent, such term, condition, or provision will to that extent be severed from the remaining terms, conditions, and provisions, which will continue to be valid to the fullest extent permitted by applicable law.

 

 

14. Notices. Unless otherwise stated herein, all notices regarding the Site must be given to us at [othernesspodcast@gmail.com]. We may give notice to you by posting it on the Site or at any e-mail or postal address you provide to us. Notice will be deemed received and properly served immediately when posted on our Site, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped, and placed in the post and in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.

 

 

15. Indemnity. By using this Site, you agree to indemnify and hold Company, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of this Site in violation of these Terms and Conditions and/or arising from a breach of these Terms and Conditions and/or any breach of your representations and warranties set forth above and/or if any material that you post using this Site causes us to be liable to another. We reserve the right to defend any such claim, and you agree to provide us with such reasonable cooperation and information as we may request.

 

16. Entire Agreement. These Terms and Conditions, including the documents referred to in them (in each case, as amended from time to time) constitute the entire agreement between Company and you in relation to use of our Site and supersedes all previous agreements written or oral in respect of the same.

 

 

17. Waiver. Our failure at any time to require performance of any provision of these Terms or Conditions or to exercise any right provided for herein is not a waiver of such provision or such right. All waivers must be in writing and communicated to you in accordance with the Notice provisions of Section 14. Unless the written waiver contains an express statement to the contrary, no waiver by Company for any breach of any provision of these Terms and Conditions or of any right provided for herein will be construed as a waiver of any continuing or succeeding breach of such provision, a waiver of the provision itself, or a waiver of any right under these Terms and Conditions.

 

18. Governing Law. All matters relating to the Site and these Terms and Conditions , and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Arizona without giving effect to any choice or conflict of law provision or rule (whether of the State of Arizona or any other jurisdiction).

    Proper venue for any legal suit, action, or proceeding arising out of, or related to, these Terms and Conditions, the Podcast, or the Site is exclusively in the federal courts of the United States or the courts of the State of Arizona, in each case located in the County of Maricopa, although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms and Conditions in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

19. These Terms and Conditions. Company reserves the right to change these Terms and Conditions from time to time consistent with applicable laws and principles. These changes will be effective as of the date we post the revised version on this Site. Your continued use of this Site after we have posted the revised Terms and Conditions constitutes your agreement to be bound by the revised Terms and Conditions. IF AT ANY TIME YOU CHOOSE NOT TO ACCEPT THESE TERMS AND CONDITIONS, YOU MUST NOT USE THIS SITE.

 

20. Comments and Concerns. If you have any questions or concerns about the Site, the Contents, the Podcast, or these Terms and Conditions, please contact us via email at [othernesspodcast@gmail.com].