Terms and Conditions
All Web site design, text, graphics, logos, button icons, images, audio clips, the selection and arrangement thereof, is Copyright (c) 2017 The EveryGirl Journal ALL RIGHTS RESERVED unless otherwise indicated. The compilation (meaning the collection, arrangement and assembly) of all content on this Web site is the exclusive property of The EveryGirl Journal and protected by U.S. and international copyright laws. All software used on this site is the property of The EveryGirl Journal or its software suppliers and is protected by U.S. and international copyright laws. Permission is granted to electronically copy and to print in hard copy portions of this Web site for the sole purpose of placing an order with The EveryGirl Journal or using this Web site as a shopping resource. Any other use of materials on this Web site - including reproduction for purposes other than those permitted above, modification, distribution, republishing, transmission, display or performance - without the prior written permission of The EveryGirl Journal is strictly prohibited.
All material and information presented by The EveryGirl Journal is intended to be used for educational or informational purposes only. Your use of this Web site is subject to these terms and conditions. The statements made about products have not been evaluated by the U.S. Food and Drug Administration and the results reported, if any, may not necessarily occur in all individuals. The statements and products are not intended to diagnose, treat, cure or prevent any condition or disease. The EveryGirl Journal does not give or intend to give any answers to medical related questions and this Web site is not intended for use as a medical resource. IF YOU ARE IN NEED OF MEDICAL ATTENTION CALL YOUR PHYSICIAN IMMEDIATELY.
Third Party Content
The EveryGirl Journal may provide content of third parties, including without limitation, customer blogs, commentaries, and links to thirds party sites, ("Third Party Content") as a service to those interested in this information. The EveryGirl Journal does not monitor, approve or have any control over any Third Party Content. The EveryGirl Journal does not guarantee, endorse or adopt the accuracy or completeness of any Third Party Content. The EveryGirl Journal is not responsible for updating or reviewing Third Party Content. You use Third Party Content at your own risk.
The EveryGirl Journal and all page headers, custom graphics and button icons are service marks, trademarks, and/or trade dress of The EveryGirl Journal and may not be used in connection with any product or service that is not offered by The EveryGirl Journal in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits The EveryGirl Journal. All other trademarks, product names and company names or logos, if any, cited herein are the property of their respective owners.
This site is created and controlled by The EveryGirl Journal in the State of California, U.S.A. As such, the laws of the State of California will govern these disclaimers, terms and conditions, without giving effect to any principles of conflicts of laws. The EveryGirl Journal reserves the right to make changes to its Web site and these disclaimers, terms and conditions at any time.
Parental or Guardian Permission
Some of the Content on this Website may not be appropriate for children. CHILDREN UNDER THE AGE OF 13 ARE NOT PERMITTED TO USE THIS WEBSITE. We strongly recommend that children between the ages of 13 and 18 ask for their parent’s or guardian’s permission before viewing our Website.
Fraud Protection Program
As part of our order processing procedures, we screen all received orders for fraud or other types of unauthorized or illegal activity. We reserve the right to refuse to process an order due to suspected fraud or unauthorized or illegal activity. If such is the case, we may reject your order or our Customer Service department may call you at the phone number you provided to confirm your order. We take these measures to protect our customers as well as ourselves from fraud or other unauthorized or illegal activity.
DIGITAL MILLENNIUM COPYRIGHT ACT NOTICE POLICY
Consistent with the Digital Millennium Copyright Act, if you believe that copyrighted materials have been copied in a way that constitutes copyright infringement, please send an e-mail or written notice to our Designated Agent for notices of infringement and provide the following:
• A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright interest that you claim is infringed;
• Identification of the copyrighted work(s) that you claim has been infringed;
• A description of the material that you claim is infringing and the location of that material on the Site;
• Your address, telephone number and email address;
• A statement by you that you have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
• A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Our Designated Agent for notice for claims of copyright infringement is Mirley Graf, CEO, The EveryGirl Journal Email: email@example.com.
NOTE: THE ABOVE CONTACT INFORMATION IS PROVIDED EXCLUSIVELY FOR NOTIFYING [The EveryGirl Journal] THAT COPYRIGHTED MATERIAL MAY HAVE BEEN INFRINGED. ALL OTHER INQUIRIES WILL NOT RECEIVE A RESPONSE THROUGH THIS PROCESS AND SHOULD BE DIRECTED TO OUR CUSTOMER SERVICE GROUP BY EMAIL TO firstname.lastname@example.org.
Copyright © [The EveryGirl Journal]. All worldwide rights reserved.
The EveryGirl Journal welcomes your comments and feedback regarding this Web site, and The EveryGirl Journal products and services. Any information, materials, suggestions, ideas or comments sent to The EveryGirl Journal will not be treated as confidential, proprietary or trade secret information and, by submitting such information, you are granting The EveryGirl Journal an irrevocable and unrestricted license to use, modify, reproduce, transmit, display and distribute such information for any purpose whatsoever. Unless required by law, The EveryGirl Journal will not use your name in connection with any such information, materials, suggestions, ideas or comments without your prior written consent.
• Only one email address per person and only one screen name per email address are permitted. Do not impersonate any person or entity, misrepresent your affiliation with a third party, or violate these guidelines in choosing a screen name.
• These are public areas and programs. Do not post personal or any other information that you do not wish to have made public.
• Do not post any Personally Identifiable Information including, but not exclusive to, first or last names, address, telephone number, email address, social security number, account numbers, or birthday.
• Be respectful and courteous to others, even if you disagree with them. Do not use language or post content that is unkind or in poor taste or engage in personal attacks.
• Do not initiate or engage in political discussions or discussions of a controversial nature.
• Do not submit images or videos involving nudity, profanity, or other obscene and distasteful content.
• If you include other people in your images or videos, make sure you have their permission to do so, including parental consent of minors.
• Do not have music, TV shows, or movies playing during a video. Music cannot be included, even if you composed it yourself
• Do not submit images or videos, or post any other information, that depict or describe an incorrect usage of the product.
• Do not engage in harassing, threatening, abusive, violent, discriminatory (racist, sexist, etc.), hostile, or defamatory language or behavior that would be considered inappropriate by any rational person. Do not use language or post content that is profane, sexually explicit, obscene, pornographic, vulgar, or offensive.
• Do not invade the privacy of others and do not use third-party copyrighted or trademarked content in anything you post.
• Do not engage in, suggest, or encourage activity that is unlawful or inconsistent with the General Terms and Conditions of Use and Privacy Statement governing this site.
• Use of these public areas for commercial purposes is prohibited. Do not use any Community features (including, but not limited to, video, forums, reviews, images, and profiles) to solicit funds, advertise, or solicit goods or services, or post third-party promotional material. Only use these public areas and Community features for non-commercial purposes.
• Do not post viruses, Trojan horses, worms, corrupted files, active code, or any other materials that could contaminate or damage another person's computer.
• Do not post web addresses (URLs) for, or links to, outside sites that violate these guidelines.
• Do not re—post deleted messages.
• All postings must be in English.
• Any materials posted by you will be treated as non-confidential and non-proprietary and may be used by The EveryGirl Journal or others without restriction as they deem appropriate.
• Keep your postings relevant to the topic. This makes it easier for others to follow the conversation.
• Do not bump messages.
• Do not flood or spam, post chain letters or junk mail, or engage in other behavior that could disrupt the Community features or this site.
• REPORTING ABUSE: A Community participant's excessive use of the ''Report Abuse'' function to report other Community participants without cause may result in the participant being banned from further participation in the The EveryGirl Journal Community.
The The EveryGirl Journal members who participate in our Community features are solely responsible for their conduct there and for the content of their postings. The EveryGirl Journal does not and cannot review everything that occurs and is not responsible for the content of the postings. We reserve the right in our discretion to delete postings or threads that we deem in violation of these guidelines or otherwise unacceptable to us. We further reserve the right in our discretion to suspend or remove the privileges of users who violate these guidelines and to report such individuals to the appropriate authorities.
This Website is controlled, operated, and administered by The EveryGirl Journal from its offices within the United States of America. The EveryGirl Journal makes no representation that materials on the Website are appropriate or available for use at other locations outside of the United States and access to them from territories where the contents or products available through the Website are illegal is prohibited. You may not use the Website or export the content or products in violation of U.S. export laws and regulations. If you access this Website from a location outside of the United States, you are responsible for compliance with all local laws.
You agree to indemnify, hold harmless and, at our option, defend The EveryGirl Journal and our affiliates, and our and their officers, directors, employees, stockholders, agents and representatives from any and all third party claims, liability, damages and/or costs (including, but not limited to, reasonable attorneys fees and expenses) arising from your improper use of this Website or our products or offerings, your violation of these Terms & Conditions, or your infringement, or the infringement or use by any other user of your account, of any intellectual property or other right of any person or entity.
Not all exercises in this Website are suitable for everyone. Please consult with your doctor before you begin to exercise during this or any fitness or nutrition program. The exercise and nutrition guides on this Website were developed by The EveryGirl Journal’ NASM certified personal trainer and AFPA Holistic Nutrition Specialist. The information in these guides are intended for healthy individuals with no medical conditions. The information contained in Website, ebook, emails, blogs are for education information only and is not intended to be a substitute for professional medical advice, diagnosis or treatment.
If you experience any of the following while exercising, STOP and consult your doctor immediately!
• Vaginal Bleeding
• Unusual shortness of breath prior to exertion
• Chest Pain
• Unusual muscle weakness
• Calf pain or swelling
• Signs of pre-term labor
• Decreased fetal movement
• Amniotic fluid leakage
This warning is NOT to be ignored. There are other fitness alternatives made for your case if you are not able to do the exercises in the fitness guides provided, Website, blogs and newsletters.
The information in this Website, guides, blogs, magazine and newsletters is for general fitness maintenance and is not to be substituted for the professional advice of your doctor. The user of this Website, guides, blogs, magazine and newsletters is to assume all risks of injury: minor, major and catastrophic. Your decision to participate using this Website, guide, blogs, magazine and newsletters is completely voluntary and at your own risk. The EveryGirl Journal and its employees are NOT responsible for your actions and outcomes as a result of using the information provided with this guide. The EveryGirl Journal does not assume risk for your use of this information.
The EveryGirl Journal reserves the right to update or change information contained in this Website, guides, blogs, magazine and newsletters at any time.
You should assume that the owner of this Website, guides, blogs, magazine and newsletters is an affiliate for providers of goods and services mentioned here. The owner may be compensated when you purchase after clicking on a link.
The information in this Websites, guides, blogs, magazine and newsletters is copyright 2017 © The EveryGirl Journal. No part of this program to be redistributed as a sale’s product whether by photocopying recording, mechanical, electronic or any other means without the written consent of the publisher.
1. Advertiser and its agency, if any (“Advertiser”), agrees to the rates set forth in the current rate card, which is incorporated herein by reference. All ads scheduled which are canceled by the advertiser, will be short-rated. Which means that all ads that have been run when a contract is cancelled will be charged the 1 time, non-discounted, rate. The Advertiser further agrees to send payment with advertising order and contract. The Advertiser, and its agency, if any, are jointly and separately liable for all monies due for ads placed or contracted for in accordance with the Agreement.
2. The EveryGirl Journal (“Publisher”) reserves the right to place advertisement wherever they deem appropriate; unless otherwise agreed upon. The word “advertisement” or “advertorial” will be placed with copy that, in the publisher’s opinion resembles editorial matter.
3. Publisher is not responsible for any loss or damage to any
material of the Advertiser while such material is in transit, or in the possession of the Publisher.
4. Advertiser is solely responsible for and assumes full liability for the contents of its advertisement and they warrant & represent that nothing contained in its advertising material infringes upon, in whole or in part, any copyright, trademark or right of privacy of any third person, firm or corporation AND they represent that it is authorized to publish the entire contents and subject matter of the advertisement covered by this contract. In the event of claims for unfair competition, copyright infringement, actions or proceedings
based on the contents, Advertiser will hold publisher harmless and indemnify for all legal costs, without limitation on such indemnities.
5. Advertiser recognizes that the quality of reproduction of an advertisement is dependent on the quality of the material furnished by the Advertiser, including, and without limitation, the quality of the graphics, copy, type, etc.
6. Advertiser recognizes and agrees that the Publisher shall not be liable for:
a) Delays in publication of the magazine
b) Failure to publish the magazine at the specified time
c) Defects in quality (i.e. errors or omissions)* where such defects are not solely the fault of Publisher; but, where they are, the Publisher’s liability in no event shall be more than:
1. Returning all or a portion of the fee; or
2. Running a replacement/comparable advertisement; or running another ad at a reasonable discount, which discount shall be proportionate to the degree of error or extent of the defect; *(Note: Defects in quality or errors and omissions, are subjective in nature. As a general rule, if the printed matter in the ad is legible, and/or the name, address and telephone number of the Advertiser are legible, and if the reproductive quality of the advertisement falls within the margins of error allowed within the publishing industry, the advertisement shall not be considered defective. Allowances for defects in quality shall be at the sole discretion of the Publisher.)
d) Suspension for the publication by the Publisher, in which case advertiser may expect a full refund.
e) Distribution or deadline changes
f) Claims for defamation of character or libel. Advertiser will hold Publisher harmless and indemnify the Publisher for any and all costs of the claims.
7. The Publisher, in its sole discretion, may accept or reject all
materials submitted for advertising. Publisher reserves the right to refuse to publish any material not in keeping with the style and standards of their editorial philosophy and format. If any advertising is not acceptable the Publisher may either:
a) Refuse to accept the advertising submitted; or
b) Require, as a condition to publication, modifications that meet the style and standards that are acceptable. *The Publisher’s decision in these matters is final, binding and not subject to appeal.
8. All cancellations of advertisements must be in writing and
received no later than the 20th of the month prior to the date of issue. Changes in copy may be made up to the closing date; but all changes must be in writing.
9. Advertisers will be responsible for charges for additional prep or production work required to publish the ad.
10. Advertiser may not assign this Agreement in whole or in part without the prior written consent of the Publisher.
11. In the event that an action, suit or legal proceedings are
initiated or brought to enforce any or all of the provisions of this Agreement, or to collect any monies due under this Agreement, the Publisher shall be entitled to such attorneys’ fees, costs and disbursements as are deemed reasonable and proper. Publisher’s entitlement to reasonable attorneys’ fees and costs also applies to any appellate proceedings.
12. This document constitutes the entire Agreement between the parties and supersedes all prior Agreements, understandings and proposals (whether written or oral) with respect to matters covered herein. No changes, modifications, alterations or amendments shall be effective unless made in writing by the parties with the same formality as the Agreement.
13. This Agreement shall be deemed executed in the State of California, and shall be interpreted and construed in accordance with the laws of the State of California relating to contracts made and performed therein. Venue shall be proper only in the County of Ventura, State of California.
14. No waiver by the Publisher of any breach or default hereunder shall be deemed a waiver of any repetition of such breach or fault or in any way affect any of the terms and conditions of this Agreement.
JOURNAL SUBMISSION TERMS AND CONDITIONS
Last Updated at 2017-08-22 22:04:06 UTC
I agree that the content (the “Content”) that I am providing to The EveryGirl Journal(the “Company”) as part of this promotion are for the purpose of advertising and promoting the business of the Company.
I have willingly agreed to provide this Content for use by the Company as set forth by this Release: I understand that the Content may be used to promote the Company and its services and for any other lawful purpose. I freely and without restraint consent and give to Company and its agents, assigns, successors in interest and affiliates, (collectively, "Releasees") the unrestrained right in perpetuity to own, utilize, or alter the Content, in any manner the Releasees may see fit and for any purpose whatsoever, including without limitation, advertising and promoting the Company and/or its services, in any media whatsoever, including any form of social media. I agree that the Content is Company’s property to do with as it will.
I waive any right that I may have to inspect, approve or control the use of the finished product or products where the Content appears, or the editorial, advertising, or printed copy or soundtrack that may be used in connection therewith, now or in the future. I agree that Releasees may use the Content or not as they choose in their sole discretion without affecting the validity of this Release. I waive, to the fullest extent permitted by law, any causes of action in law or equity I may have or may hereafter acquire against Releasees or any of them for libel, slander, invasion of privacy, copyright or trademark violation, right of publicity, or false light arising out of or in connection with the utilization by any or all of them of the Content. Without limiting the foregoing, I release and agree to hold harmless Releasees from any liability whatsoever arising out of or relating to this Release. I agree that the above represents sufficient consideration for this Release, but I have not received and do not expect to receive, and agree that I am not entitled to receive, any compensation in any form now or in the future in connection with this Release. This Release shall be governed by California law. I am at least 18 years of age and competent to provide this Release. I agree that this Release shall be binding on me, my legal representatives, heirs, and assigns. I certify that I have read, am fully familiar with the contents of, and voluntarily provided this Release.