“HEY SPIRIT PODCAST” TERMS OF USE

These Terms of Use (“Terms”) apply to your use of our websites heyspiritpodcast.com, theresacaputo.com, and our other related mobile websites, services, tools, and other applications (collectively, the “Site”). Thank you for visiting and learning more about Theresa Caputo!

It is important to us that you, and our other visitors, have a special experience while using the Site and that when you use this Site you are fully aware of your respective legal rights and obligations. For that reason, we have created these Terms as the legally binding terms to govern your use of this Site. Please read these Terms carefully before using the Site, because they affect your legal rights and obligations (e.g., requiring arbitration and no class relief and limiting our liability).

You Accept These Terms

If you do not agree with any of these Terms, including the Privacy Policy incorporated here, please do not use this Site. By using this Site you will be deemed to have irrevocably agreed to these Terms. Some areas of this Site may be subject to additional terms and conditions, which you should read carefully before making any use of those areas. Such additional terms will not change or replace these Terms regarding use of this Site, unless otherwise expressly stated.

Updates to Terms

Please note that these Terms may be revised and reissued, prospectively, by posting updated terms on this Site. You consent and agree to receive notices of updates to these Terms through our posting of updated Terms on the Site. You should visit this page regularly to review the current terms. Your continued use of the Site will be deemed as irrevocable acceptance of any revisions.

Legal Capacity

This is a general audience Site for adults. We will assume (and by using this Site you warrant that) you have legal capacity to enter into the agreement set out in these Terms (i.e., that you are of sufficient age and mental capacity and are otherwise entitled to be legally bound in contract).

The Information You Give Us Must Be Correct

To access this Site or some of the resources it has to offer, you may be asked to provide registration details. It is a condition of use of this Site, you do so as yourself and that all the details you provide be truthful, correct, current and complete. If we believe the details are not correct, current, or complete, we have the right to refuse you access to the Site, or any of its resources and to terminate or suspend your account.

Online Privacy Notice

Your privacy is important to us. To better protect your privacy, we provide a notice explaining our online information practices and the choices you can make about the way your information is collected and used on this Site. Click here to view our Privacy Notice, which forms part of these Terms.

Disclaimer of Warranties

YOUR USE OF THIS SITE IS AT YOUR AN EVENING WITH THERESA, INC.  RISK. THE SITE AND ALL THE MATERIALS, INFORMATION, SOFTWARE, FACILITIES, SERVICES AND OTHER CONTENT IN THE SITE ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, THE SITE, AN EVENING WITH THERESA, INC. , AND ANY SUBSIDIARIES OR AFFILIATED COMPANIES OF AN EVENING WITH THERESA, INC. DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. AN EVENING WITH THERESA, INC. DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THIS SITE WILL BE AVAILABLE, UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVERS THAT MAKE THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. AN EVENING WITH THERESA, INC. DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIAL, INFORMATION, SOFTWARE, FACILITIES, SERVICES, OR OTHER CONTENT ON THE SITE OR ANY WEBSITES LINKED TO THE SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. AN EVENING WITH THERESA, INC. MAKES NO WARRANTIES THAT YOUR USE OF THE MATERIALS, INFORMATION, SOFTWARE, FACILITIES, SERVICES, OR OTHER CONTENT IN THE SITE OR ANY WEBSITE WILL NOT INFRINGE THE RIGHTS OF OTHERS AND AN EVENING WITH THERESA, INC. ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH MATERIALS, INFORMATION, SOFTWARE, FACILITIES, SERVICES, OR OTHER CONTENT OF THE SITE OR ANY OTHER WEBSITE. IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE ABOVE IMPLIED WARRANTIES TO APPLY TO YOU, THE ABOVE EXCLUSIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.

IF YOU ARE ACCESSING A UNITED KINGDOM VERSION OF THE SITE, NOTHING IN THIS AGREEMENT SHALL EXCLUDE OR LIMIT LIABILITY FOR DEATH OR PERSONAL INJURY RESULTING FROM THE NEGLIGENCE OF EITHER PARTY OR THEIR SERVANTS, AGENTS, OR EMPLOYEES.

Limitation of Liability

AN EVENING WITH THERESA, INC. DISCLAIMS ALL LIABILITY, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, AND DOES NOT ACCEPT ANY LIABILITY FOR ANY LOSS OR DAMAGE (DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY, OR OTHERWISE) RESULTING FROM ANY USE OF, OR INABILITY TO USE, THE SITE OR ANY OTHER WEBSITE, OR THE MATERIAL, INFORMATION, SOFTWARE, FACILITIES, SERVICES, OR OTHER CONTENT ON THE SITE OR ANY OTHER WEBSITE, REGARDLESS OF THE BASIS UPON WHICH LIABILITY IS CLAIMED AND EVEN IF ANY MEMBER OF AN EVENING WITH THERESA, INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. WITHOUT LIMITATION, YOU (AND NOT ANY MEMBER OF AN EVENING WITH THERESA, INC.) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION IN THE EVENT OF ANY SUCH LOSS OR DAMAGE ARISING THEREIN. IF APPLICABLE LAW DOES NOT ALLOW ALL OR ANY PART OF THE ABOVE LIMITATION OF LIABILITY TO APPLY TO YOU, THE LIMITATIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.

Binding Arbitration of All Disputes; No Class Relief

(a) U.S. Residents: To the fullest extent permissible by law, with the exception of disputes pertaining to AN EVENING WITH THERESA, INC.’s intellectual property rights and certain statutory claims that, pursuant to law, are not arbitrable, any dispute of any kind between you and AN EVENING WITH THERESA, INC. arising under these Terms shall be resolved through binding arbitration pursuant to the JAMS Streamlined Arbitration Rules and Procedures on an individual basis with no class relief. The arbitrator shall be a retired judge or justice of any California state or federal court with substantial experience in the internet industry and shall follow California substantive law in adjudicating the dispute, except that this Section 8(a) shall be construed as a “written agreement to arbitrate” pursuant to the Federal Arbitration Act (“FAA”). You and we agree that we intend that this Section 8(a) satisfies the “writing” requirement of the FAA. The hearing shall be conducted in the county that encompasses the billing address you have provided to AN EVENING WITH THERESA, INC. For any claim in which you seek U.S. $10,000.00 or less, you shall have the choice as to whether the hearing is conducted in person, by telephone, or instead the arbitrator may decide the dispute without a hearing. For those claims that the arbitrator determines are not frivolous, AN EVENING WITH THERESA, INC. shall pay the costs and fees of JAMS and the arbitrator. AN EVENING WITH THERESA, INC. agrees that it will not seek reimbursement from you for its costs and fees incurred by it in the arbitration. AGREEMENT TO THESE TERMS CONSTITUTES AN AGREEMENT TO PURSUE YOUR CLAIM ON AN INDIVIDUAL BASIS AND A WAIVER OF THE ABILITY TO PURSUE YOUR CLAIM IN A CLASS ACTION.

(b) Non-U.S. Residents: If any controversy, allegation, or claim (including any non-contractual claim) arises out of or relates to the Site or Terms of Service, then you and we agree to send a written notice to the other providing a reasonable description of the Section 8(b) Dispute, along with a proposed resolution of it. Our notice to you will be sent to you based on the most recent contact information that you provide us. But if no such information exists or if such information is not current, then we have no obligation under this Section 8(b). Your notice to us must be sent to us at contact@theresacaputo.com. For a period of sixty (60) days from the date of receipt of notice from the other party, AN EVENING WITH THERESA, INC.  and you will engage in a dialogue in order to attempt to resolve the Section 8(b) Dispute, though nothing will require either you or An Evening With Theresa, Inc. to resolve the Section 8(b) Dispute on terms which either you or An Evening With Theresa, Inc., in each of our sole discretion, are uncomfortable with. Nothing in this Section will prevent a party from pursuing their claims in Court or another complaint process.

Trademarks and Copyrights

This Site and materials incorporated by An Evening With Theresa, Inc. on this Site (“Material”) are protected by copyrights, patents, trade secrets or other proprietary rights (“Copyrights”). Some of the characters, logos, or other images incorporated by An Evening With Theresa, Inc. on this Site are also protected as registered or unregistered trademarks, trade names, and/or service marks An Evening With Theresa, Inc. ed by An Evening With Theresa, Inc. or others (“Trademarks”). An Evening With Theresa, Inc. respects the intellectual property rights of others and asks users of this Site to do the same.

Your Use of Material

Your right to make use of this Site and any Material or other content appearing on it is subject to your compliance with these Terms. Modification or use of the Material or any other content on this Site for any purpose not permitted by these Terms may be a violation of the Copyrights and/or Trademarks protected by law and these Terms and is prohibited.

You may access and display Material and all other content displayed on this Site for non-commercial, personal, entertainment use on a single device (e.g., computer, tablet or mobile) only. The Material and all other content on this Site may not otherwise be copied, reproduced, republished, uploaded, posted, transmitted, distributed, or used in any way unless specifically authorized by AN EVENING WITH THERESA, INC. . Any authorization to copy Material granted by AN EVENING WITH THERESA, INC.  in any part of this Site for any reason is restricted to making a single copy for non-commercial, personal, entertainment use on a single device only, and is subject to your keeping intact all copyright and other proprietary notices. Using any Material on any other website or networked computer environment is prohibited. Also, decompiling, reverse engineering, disassembling, or otherwise reducing the code used in any software on this Site into a readable form in order to examine the construction of such software and/or to copy or create other products based (in whole or in part) on such software, is prohibited.

Forums

THE MATERIALS, INFORMATION AND OPINIONS INCLUDED AND/OR EXPRESSED IN OR ON BULLETIN BOARDS, COMMENT SECTIONS, COMMUNITY PAGES, OR OTHER FORUMS ON THIS SITE (“FORUMS”) ARE NOT NECESSARILY THOSE OF AN EVENING WITH THERESA, INC. OR CONTENT PROVIDERS. AN EVENING WITH THERESA, INC.  DOES NOT UNDERTAKE TO MONITOR OR REVIEW FORUMS, AND THE CONTENT OF FORUMS IS NOT THE RESPONSIBILITY OF AN EVENING WITH THERESA, INC . AN EVENING WITH THERESA, INC.  MAY REMOVE OR MODIFY ANY CONTENT WITHOUT NOTICE OR LIABILITY AT ANY TIME IN AN EVENING WITH THERESA, INC. ‘S SOLE DISCRETION. ANY USE OF THE FORUMS WILL BE AT YOUR AN EVENING WITH THERESA, INC.  RISK AND WILL BE SUBJECT TO THE DISCLAIMERS AND LIMITATIONS ON LIABILITY SET OUT ABOVE.

Submissions, Postings, and Emails.

AN EVENING WITH THERESA, INC.  is interested in hearing from you regarding your questions or comments about our Site. However, AN EVENING WITH THERESA, INC. does not accept or consider unsolicited submissions of any kind (e.g., ideas, treatments, concepts, or any other materials) in any format, by any means of transmission (including email). Any such submissions are either returned to the sender without being reviewed or deleted or discarded without being reviewed. Therefore, please do not send any unsolicited submissions to any member of AN EVENING WITH THERESA, INC.

Invited Submissions

From time to time, areas on this Site may expressly request submissions of concepts, stories, or other potential content from you (“Invited Submissions”). Where this is the case, please carefully read any specific rules or other terms and conditions which appear elsewhere on this Site to govern those submissions (“Additional Terms”), as they will affect your legal rights. If no Additional Terms govern those submissions, then these Terms will apply in full to any Invited Submissions you make. IN ANY EVENT, ANY MATERIAL YOU SEND TO US WILL NOT BE TREATED AS CONFIDENTIAL. Regardless of any industry custom or practice, we will not pay you for the use of any content that you submit to the Site.

Our Use of Content

AN EVENING WITH THERESA, INC.  will consider anything you provide to AN EVENING WITH THERESA, INC.  and/or contribute to this Site as available for our use free of any obligations to you (including any payment), except where Invited Submissions are expressly governed by Additional Terms appearing elsewhere on this Site (see Submissions, Postings and Emails above), in which event those Additional Terms will determine how we will treat your Invited Submissions. Under no circumstances will we pay you for the use of your ideas or submissions.

User Content

Reviews, responses, profile entries, posts, or questions may not be able to be deleted once uploaded. For some of our features, other members may be able to request email notifications of your new public content or publish their An Evening With Theresa, Inc.  comments to your comments. We may use this public content to develop aggregate ratings, personalize site views, market products, or identify or feature popular members. By posting or uploading any content to this Site, including posts, responses, and/or providing any communication or material to AN EVENING WITH THERESA, INC.  (“User Content”), you automatically and irrevocably:

Retain Ownership of your User Content, and grant and assign to AN EVENING WITH THERESA, INC.  a royalty-free, perpetual, non-exclusive, unrestricted, worldwide license to any and all rights in the User Content including without limitation all copyright, together with all consents (if any) necessary to enable its reproduction, distribution, modification, publishing, and/or other exploitation by AN EVENING WITH THERESA, INC.  and/or by any person authorized by AN EVENING WITH THERESA, INC. , by any means and in all media now known  or hereafter devised, without payment or other reference to you or any other person, and to advertise and promote such exploitation, for the full period of all such rights (together with any extensions and renewals) and insofar as possible in perpetuity;

Waive all moral rights in the User Content which may be available to you in any part of the world and confirm that no such rights have been asserted;

Appoint AN EVENING WITH THERESA, INC.  as your agent with full power to enter into any document and/or do any act AN EVENING WITH THERESA, INC.  may consider appropriate to confirm the grant and assignment, consent and waiver set out above;

Warrant that you are the owner of the User Content and entitled to enter into these Terms;

Confirm that no such User Content will be subject to any obligation, of confidence or otherwise, to you or any other person and that AN EVENING WITH THERESA, INC.  shall not be liable for any use or disclosure of such User Content.

Responsible Use of Site

Please act responsibly when using this Site. You may only use this Site and its contents for lawful purposes and in accordance with applicable law and you are prohibited from storing, distributing, or transmitting any unlawful material, impersonations and other scams through this Site. You may not collect or store personal information regarding other users. You recognize that storing, distributing or transmitting unlawful material could expose you to criminal and/or civil liability. You agree that if a third-party claims that material you have contributed to the Site is unlawful, you will bear the burden of establishing that it is lawful. You understand and agree that all materials publicly posted or privately transmitted on or through this Site are the sole responsibility of the sender, not AN EVENING WITH THERESA, INC. , and that you are responsible for all material you upload, publicly post or otherwise transmit to or through this Site.

Release

If you have a dispute with one or more users (including merchants), you release us (and our parent companies, affiliates and subsidiaries, and their respective officers, directors, employees, and agents) from claims, demands, liabilities, costs, or expenses and damages (actual and consequential of every kind and nature, known and unknown , arising out of or in any way connected with such disputes). In entering into this release, you expressly waive any protections (whether statutory or otherwise) to the extent permitted by applicable law that would otherwise limit the coverage of this release to include only those claims which you may know or suspect to exist in your favor at the time of agreeing to this release.

Indemnity

You agree to indemnify and hold harmless AN EVENING WITH THERESA, INC.  and its officers, directors, employees, agents, distributors, and affiliates from and against any and all claims, demands, liabilities, costs or expenses, including reasonable attorney’s fees, resulting from your breach of these Terms, including any of the foregoing provisions, representations or warranties, from your placement or transmission of any content onto AN EVENING WITH THERESA, INC. ‘s servers and/or from any and all use of your account.

System Abuse

Without limitation, you agree not to send, create, or reply to so called “mailbombs” (i.e., emailing copies of a single message to many users, or sending large or multiple files or messages to a single user with malicious intent), or conduct impersonations or other scams, or engage in “spamming” (i.e., unsolicited emailing for business or other purposes) or undertake any other activity which may adversely affect the operation or enjoyment of this Site by any other person, including placing malware on the Site.

You may not reproduce, sell, resell, or otherwise exploit any resource, or access to any resource, contained on this Site.

Security

Any usernames and passwords used for this Site are for individual use only. You shall be responsible for the security of your username and password (if any). AN EVENING WITH THERESA, INC.  shall be entitled to monitor your username and password and, at its discretion, require you to change it. If you use a username and password that AN EVENING WITH THERESA, INC.  considers insecure, AN EVENING WITH THERESA, INC.  will be entitled to require this to be changed and/or terminate your account.

Violation of Security Systems

You are prohibited from using any services or facilities provided in connection with this Site to compromise security or tamper with system resources and/or accounts. The use or distribution of tools designed for compromising security (e.g. password guessing programs, cracking tools, malware, or network probing tools) is strictly prohibited. If you become involved in any violation of system security, AN EVENING WITH THERESA, INC.  reserves the right to release your details to system administrators at other sites, law enforcement and/or governmental authorities in order to assist them in resolving security incidents.

Investigations

AN EVENING WITH THERESA, INC. reserves the right to investigate suspected violations of these Terms, including without limitation, any violation arising from any submission, posting or emails you make or send to any Forum. AN EVENING WITH THERESA, INC.  may seek to gather information from the user who is suspected of violating these Terms and from any other user. AN EVENING WITH THERESA, INC.  may suspend any users whose conduct or postings are under investigation and may remove such material from its servers as it deems appropriate and without notice. If AN EVENING WITH THERESA, INC.  believes, in its sole discretion, that a violation of these Terms has occurred, it may edit or modify any submission, posting or emails, remove the material permanently, cancel postings, warn users, suspend users and passwords, terminate accounts, or take other corrective action it deems appropriate. AN EVENING WITH THERESA, INC.  will fully cooperate with any law enforcement authorities or court order requesting or directing AN EVENING WITH THERESA, INC.  to disclose the identity of anyone