Last Updated: March 15, 2020
These Terms and Conditions of Use (this “Agreement”) apply to the website located at https://www.somastruct.com (the “Site”). This Site is owned and operated by James Speck d/b/a Flat Feet Digital (“Author”, “us”, “our” or “we”). This Agreement sets forth legally binding terms and conditions for your use of the Site, whether you are a “Visitor” (which means that you simply browse the Site) or you are a “Member” (which means that you have registered on the Site as a user). By accessing or using the Site, you acknowledge that you have read and understood this Agreement, accept the terms and conditions set forth herein, and agree, without limitation or qualification, to be bound by them. If you do not agree to be bound to each and every term and condition set forth herein, please exit the Site and do not access, read or otherwise use information provided on the Site. The Site is intended to be used solely by individuals over the age of 18. You agree that by using the Site you represent that you are at least 18 years old and that you are legally able to enter into this agreement.
3. Right to Modify Terms
The Author may modify the terms and conditions of this Agreement in whole or in part at any time for any reason without any notice to you, based on the Author’s discretion. Such modified terms and conditions shall supersede these terms and conditions and shall become binding when published online on the Site. It is your responsibility to check for updates regularly. By continuing to access and use the Site after this Agreement has been modified, you are agreeing to such modifications. In addition, when using particular services or features or making purchases on the Site, you shall be subject to any posted guidelines or policies applicable to such services, features or purchases that may be posted from time to time. All such guidelines or policies are hereby incorporated by reference into this Agreement.
4. Not Medical Advice
The Author provides the Site and any services, information, opinions, content, references, graphics, videos and links to other knowledge resources (collectively, “Content”) for informational purposes only. The Author does not provide any medical, physical therapy, or healthcare advice on the Site. Nothing contained in the Site is intended to replace the services of a trained physician or health care professional, or otherwise to be a substitute for professional medical advice, diagnosis, or treatment. No recommendations given by the Author, either on this site or via email or other communication in connection with the Site, is intended to construe a diagnosis or treatment for a medical condition. The content on this site shall not be viewed as an offer to form a professional relationship in any manner. Any reliance you place on such information is therefore strictly at your own risk. You hereby agree that you shall not make any medical or health-related decisions based in whole or in part on anything contained in the Site. You should never disregard professional healthcare advice or delay in seeking it because of something you have read, watched or listened to on the Site. The Author is not responsible for any actions or inaction on a user’s part based on the information that is presented on the Site.
5. Membership Subscription and Purchases
The Author offers membership subscription-based access to some portions of the Site (“Membership Content”). Subject to your payment of any applicable fees (including applicable taxes) and your compliance with all of the other terms specified for the Site and Membership Content, the Author grants you a non-exclusive, non-transferable, limited right and license, so long as the Membership Content is available on the Site, to access, view, use, and display the Membership Content for non-commercial, private use for the duration of the subscription term purchased.
If you purchase a membership subscription with a fixed term, you will have access to the Membership Content for the duration of your subscription term without further charges. At the end of your subscription term, your subscription will NOT automatically renew. After your subscription term has ended, you will need to renew your subscription or purchase a new subscription to be able to access the Membership Content. Pricing will be subject to the rates in effect at that time.
6. Member Account Creation
In order to register as a user on the Site (“Member”), you may be required to provide information about yourself including your name, email address, username and password, and other personal information. You agree that any registration information you give to the Author will always be accurate, correct, and up to date. You must not impersonate someone else or provide account information or an email address other than your own. Your account must not be used for any illegal or unauthorized purpose. You must not, in the use of the Site, violate any laws in your jurisdiction.
7. Confidentiality of Codes, Passwords, and Information
If you register on the Site, you will be required to choose a password and user name, and you may be asked for additional information regarding your account, such as your name and e-mail address. You are responsible for maintaining the confidentiality of your password and account information and are fully responsible for all activities that occur under your password or account. You agree to immediately notify the Author of any unauthorized use of your password or account or any other breach of security. It is recommended that you log out from your account at the end of each session to prevent unauthorized access to your account. Each registration is for a single user only, unless otherwise expressly provided on the registration page. You may never use another Member’s account without prior authorization from the Author.
8. Content Availability
Every effort is made to keep the website up and running smoothly. However, the Author takes no responsibility for, and will not be liable for, the website being temporarily unavailable due to technical issues beyond the Author’s control.
The Author reserves the right to terminate, block, or restrict Your access to or use of the Site with or without notice and for any reason or no reason, including without limitation, breach or violation of any term(s) of this Agreement, solely at the discretion of the Author.
You are responsible for obtaining at your own expense and maintaining all equipment and services needed to access and use the Site, including all devices, Internet browsers, and Internet access.
11. User Content
12. Responsibility for Content
You are solely responsible for the User Content, and any other content, material or data that you upload, publish or display on or through this Site, or transmit to or share with others. You may not impersonate any other person through the Site. You may not post content that is defamatory, fraudulent, obscene, threatening, invasive of another person’s privacy rights or that is otherwise unlawful. You may not post content that infringes on the intellectual property rights of any other person or entity. You may not post any content that includes any computer virus or other code designed to disrupt, damage, or limit the functioning of any computer software or hardware. You may not post, transmit, or distribute User Content that you did not create or that you do not have permission to post. The Author does not verify the accuracy or authenticity of any User Content and makes no representations or warranties with respect to any User Content. The Author makes no representations concerning and is under no obligation to prevent, the downloading, distribution, linking to, or re-posting of your User Content by third parties, including by or through search engines. You expressly waive any and all claims you may have against the Author and release the Author from any and all liability arising from or related to the User Content, including any exploitation of the User Content by a third party, whether or not authorized by the Author.
13. Removal of Content
Materials on the Site, including, without limitation, names, logos, trademarks, images, text, columns, graphics, videos, photographs, illustrations, artwork, software and other elements (collectively, “Material”) are protected by copyrights, trademarks and/or other intellectual property rights owned and controlled by the Author or by third parties that have licensed or otherwise provided their material to the Author. You acknowledge and agree that all Materials on the Site are made available to you for limited, non-commercial, personal use only. Except as specifically provided herein or elsewhere on the Site, no Material may be copied, reproduced, republished, sold, downloaded, posted, transmitted, or distributed in any way, or otherwise used for any purpose, by any person or entity, without the Author’s prior express written permission. You may not add, delete, distort, or otherwise modify the Material. Any unauthorized attempt to modify any Material, to defeat or circumvent any security features, or to utilize the Site or any part of the Material for any purpose other than its intended purposes is strictly prohibited. The Author shall not be responsible for any claims, actions, or damages which may arise on account of the unauthorized alteration of this Site.
15. Infringement Policy
It is the Site’s policy to respect the copyright and intellectual property rights of others. The Author may remove content that appears to infringe the copyright or other intellectual property rights of others. In addition, the Author may terminate access by users who appear to infringe the copyright or other intellectual property rights of others.
If you believe that your work has been copied and is accessible on the Site in a way that constitutes copyright infringement, you may notify us by providing the following information (as required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. sec. 512 (“DMCA”)): A physical or electronic signature of the person authorized to act on behalf of the owner of the copyright interest; An identification of the copyrighted work claimed to have been infringed; An identification of the material that you claim is infringing so that we may locate it 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 copyright owner, its agent, or the law; and a statement by you that the above information in your notice is accurate, made under penalty of perjury, and that you are authorized to act on behalf of the owner of the copyright interest involved. Notifications of claimed copyright infringement should be sent to us by mail at PO Box 231017 San Diego, CA 92193, or by email at email@example.com.
16. Prohibited Uses
In addition to other prohibitions as set forth in this Agreement, you are prohibited from using the Site or its Content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Site or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Site or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Site or any related website for violating any of the prohibited uses.
17. No Warranties
EXCEPT AS EXPRESSLY SET FORTH HEREIN, THE SITE AND THE MATERIALS CONTAINED HEREIN ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. YOUR USE OF THE SITE IS AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE AUTHOR EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. YOU ASSUME THE RISK OF ANY AND ALL DAMAGE OR LOSS FROM USE OF, OR INABILITY TO USE, THE SITE OR THE SERVICE, INCLUDING, WITHOUT LIMITATION, PHYSICAL INJURY AS WELL AS DAMAGES TO PERSONAL PROPERTY. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE AUTHOR OR ON OR THROUGH THE SITE SHALL CREATE ANY WARRANTY, GUARANTEE, OR CONDITIONS OF ANY KIND, EXCEPT FOR THOSE EXPRESSLY OUTLINED IN THIS AGREEMENT. WITHOUT LIMITING THE FOREGOING, THE AUTHOR MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, THAT: (i) THE INFORMATION CONTAINED IN THE SITE IS ACCURATE, COMPLETE, RELIABLE, OR TIMELY, (ii) THE SITE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS, (v) ANY ERRORS IN THE SITE WILL BE CORRECTED, AND (vi) THAT THE SITE, ITS SERVERS, OR E-MAIL SENT FROM OR ON BEHALF OF SITE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. FURTHERMORE, YOU UNDERSTAND AND AGREE THAT ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
18. Limits of Liability
UNDER NO CIRCUMSTANCES WILL THE AUTHOR BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES WHATSOEVER, ARISING OUT OF OR RELATING TO THE USE OF, OR INABILITY TO USE, THE SITE. ADDITIONALLY, THE AUTHOR IS NOT LIABLE FOR DAMAGES IN CONNECTION WITH (i) ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, DENIAL OF SERVICE, ATTACK, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, OR LINE OR SYSTEM FAILURE; (ii) LOSS OF REVENUE, ANTICIPATED PROFITS, BUSINESS, SAVINGS, GOODWILL OR DATA; AND (iii) THIRD PARTY THEFT OF, DESTRUCTION OF, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF YOUR INFORMATION OR PROPERTY, REGARDLESS OF OUR NEGLIGENCE, GROSS NEGLIGENCE, FAILURE OF AN ESSENTIAL PURPOSE AND WHETHER SUCH LIABILITY ARISES IN NEGLIGENCE, CONTRACT, TORT, OR ANY OTHER THEORY OF LEGAL LIABILITY. THE FOREGOING APPLIES EVEN IF AUTHOR HAS BEEN ADVISED OF THE POSSIBILITY OF OR COULD HAVE FORESEEN THE DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. ACCORDINGLY, SOME OF THE ABOVE DISCLAIMERS AND LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, THE EXCLUSIONS AND LIABILITY ARE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW. IN NO EVENT SHALL THE AUTHOR’S CUMULATIVE LIABILITY TO YOU EXCEED THE TOTAL PURCHASE PRICE OF THE SERVICE YOU HAVE PURCHASED FROM THE AUTHOR, AND IF NO PURCHASE HAS BEEN MADE BY YOU THE AUTHOR’S CUMULATIVE LIABILITY TO YOU SHALL NOT EXCEED $100.
19. Disclaimer Regarding Third Party Links
20. Modification and Discontinuation
We reserve the right at any time to modify, edit, delete, suspend or discontinue, temporarily or permanently the Site (or any portion thereof) with or without notice. You agree that we will not be liable to you or to any third party for any such modification, editing, deletion, suspension or discontinuance of the Site or services contained therein.
21. Governing Law and Venue
Except to the extent applicable law, if any, provides otherwise, this Agreement shall be governed by the laws of the state of California, United States of America, without respect to its conflict of laws principles. The exclusive venue for any arbitration or court proceeding based on or arising out of this Agreement or use of the Site shall be San Diego County, California.
If a dispute arises under this Agreement, both Parties (meaning you and the Author) shall first attempt, promptly and in good faith, to resolve any such dispute informally between them. If the Parties are unable to resolve any such dispute within a reasonable time (not to exceed thirty (30) days), both parties agree to try to resolve it with the help of a mutually agreed-upon mediator. Any costs and fees other than attorney fees associated with the mediation will be shared equally by both Parties. The parties further agree that their respective good faith participation in mediation is a condition precedent to pursuing any other available legal or equitable remedy, including litigation, arbitration, or other dispute resolution procedures.
23. Recovery of Litigation Expenses
If any legal action or any arbitration or other proceeding is brought for the enforcement of this Agreement, or because of an alleged dispute, breach, default, or misrepresentation in connection with any of the provisions of this Agreement, the successful or prevailing party or parties shall be entitled to recover reasonable attorney’s fees and other costs incurred in that action or proceeding, in addition to any other relief to which it or they may be entitled.
24. Age Restriction
25. International Use
This Site controlled and operated from facilities in the United States. The Author makes no representations that the Site is appropriate or available for use in other locations. Those who access or use the Site from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable United States and local laws and regulations, including but not limited to export and import regulations.
You agree to indemnify, defend and hold harmless the Author against all claims, demands, causes of action, losses, expenses, damages, and costs, including any reasonable attorneys’ fees, resulting or arising from or relating to your use of or conduct on the Site, any content posted or made available by you on this Site, any violation of law that occurs by you through the Site, any activity related to your account by you or any other person, your breach of this Agreement, your infringement or violation of any rights of another, termination of your access to the Site, and/or anything you do using the Site and/or the Content contained therein.
27. General Provisions
This Agreement is personal to You, and You may not assign this Agreement or the rights and obligations thereunder to any third party or person.
B. Agreement Binding on Successors
The provisions of the Agreement shall be binding upon and shall inure to the benefit of you and the Author (“Parties”), their permitted heirs, administrators, successors, and assigns.
No waiver by either you or the Author of any default shall be deemed as a waiver of prior or subsequent default of the same or other provisions of this Agreement.
If any term, clause, or provision of this Agreement is held by an arbitrator or court of competent jurisdiction to be invalid, void, or unenforceable, the rest of the Agreement shall remain in full force and effect and shall in no way be affected, impaired, or invalidated.
The ownership and intellectual property rights and license provisions set forth in this Agreement, and any other provisions that by their sense and context the Parties intend to have survive, shall survive the termination of this Agreement and any obligations hereunder for any reason.
F. Statute of Limitations
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.
G. Effect of Headings
The subject headings of the paragraphs and subparagraphs of this Agreement are included for convenience only and shall not affect the construction or interpretation of any of its provisions.
H. Entire Agreement
This Agreement (including any policies, guidelines or amendments that may be presented to you from time to time) constitutes the entire agreement between you and the Author and governs your use of the Site superseding any prior agreements between you and the Author with respect to the Site.
28. Additional Assistance