Last Modified on March 5, 2013
1. BINDING EFFECT.
2. USERS UNDER 13 YEARS OLD
We are in compliance with the requirements of COPPA (Children’s Online Privacy Protection Act). We do not collect any information from anyone under 13 years of age. Our website content is directed to people who are at least 13 years old or older.No users under 13 years old are allowed to have access to any Content on the Shelley Lubben Site. Anyone under 18 must have Legal Guardian’s or Parent’s permission to access Site content as long as users are at least 13 years old.
We do not offer paid Membership accounts owned by users under 18 years of age. To purchase Membership on the Shelley Lubben Site, you must be at least 18 years old. To purchase products on the Shelley Lubben Site, you must be at least 13 years old and may make payments to Company only with the involvement and permission of a parent or guardian.
Please note that by allowing your child to register as a user on the Shelley Lubben Site, your child will be able to make posts on the Shelley Lubben Site. While it is against our rules to post personally identifiable information on the Shelley Lubben Site it is possible that your child may choose to do so. Thus, if you would prefer that your child does not have access to content on the Shelley Lubben Site, please do not allow your child to register on the Site.
Also, please note that by allowing your child to register as a user on the Shelley Lubben Site, your child will be subjected to sexually mature content for the purposes of education. Thus, if you would prefer that your child does not have access to sexually mature content on the Shelley Lubben Site, please do not allow your child to register on the Site..
3. DESCRIPTION OF SITES AND SERVICES.
The Shelley Lubben Site operates informative and interactive free and premium services for the purposes of education to include sexually mature Content..
4. YOUR OBLIGATIONS.
By registering or using the Site and Services in any way, you agree to the following:
a. You agree not to harass or threaten other users or members;
b. You agree not to use any harmful, threatening, abusive, defamatory, obscene, hateful, racially or ethnically offensive language;
c. You agree not to impersonate any Staff Member, including any Forum Moderators or Site operators;
d. If asked by a member of Staff to stop or change a behavior or action, you will do so;
e. You agree not to hack or make any attack on the server or Shelley Lubben Site in any way.
f. You agree not to open multiple accounts with the Site or Services;
g. You agree not to transmit or make available in the Services or Site any advertising, promotional materials or any other forms of solicitation;
h. You agree not to transmit any material that contains viruses, worms, traps or malicious computer code;
i. You agree not to disrupt the normal flow of the Site and dialogue or any Services, or otherwise act in a manner that negatively affects other people’s ability to use the Site or Services;
j. You agree not to collect or store personal data about other people using the Site or Services;
k. You agree only to use your own credit card with the Services.
l. You agree not to use any Atomic Shell, Inc., or Shelley Lubben trademark, services mark or tradename, or any variation or misspelling thereof, in Your domain name(s) or any other part of Your Universal Record Locator (URL).
m. You agree not to purchase, register, bid on or utilize any Atomic Shell, Inc. or Shelley Lubben trademark, services mark or trade name, or any variation or misspelling thereof, in connection with any pay-for-placement or pay-per-click search engine system, including without limitation, Google AdWords and Yahoo! Sponsored Search..
5. PAYMENT OBLIGATIONS.
Attention credit card purchasers: Effective March 1, 2013, the primary cardholder is fully held responsible for all purchases made using his/her credit card or PayPal account. Any purchase made using your credit card or PayPal Account will be assumed to be approved and authorized by you. Please keep your credit card or PayPal Account safe and monitor the use of your credit card or PayPal Account carefully. You are responsible for all additional users of your credit card or PayPal Account including but not limited to your children. Continued use of our websites, products, including membership services, constitutes your agreement to this condition.
When you pay for an upgrade to our Membership Services or purchase items, you may pay with a major credit card, PayPal, or any payment solution available on the Shelley Lubben Site. You agree to pay all fees and charges that you incur through your account, including, but not limited to, applicable taxes. You will also be responsible for charges for any products or services that you purchase that are offered for sale through the Services. In addition, you are also responsible for paying any amounts billed to your credit card, even if your credit card company does not cover such costs. If we do not receive payment from your credit card issuer or its agent, you agree to pay all amounts due upon our demand. Your credit card issuer agreement governs your use of your designated credit card in connection with the Services, and you must refer to that agreement and not this Agreement to determine your rights and liabilities as a cardholder. If you are under 18 years old, you may make payments to Company only with the involvement of a parent or guardian.
a. UPGRADES AND OTHER PAID ITEMS.
As a registered user of ShelleyLubben.com, you have the opportunity to upgrade to become a Member (“Shelley Lubben Membership”) for a one-time fee or recurring fee, as detailed at https://www.shelleylubben.com/membership. You also have the opportunity to buy products on the Shelley Lubben Site at https://www.shelleylubben.com/products. A copy of the Membership Additional Terms can be found at https://www.shelleylubben.com/memberterms
b. REFUND, CANCELLATION & EXPERIENCE REIMBURSEMENT POLICY.
All authorized purchases of membership accounts, products, access or services through the Site, and any other access types or services, may not be refunded or transferred regardless of cancellation or termination by any party. Duplicate account upgrades made by mistake shall be refunded upon notification to Company under this Agreement. Damaged products shall be refunded upon receipt of returned damaged product to Company.
Nothing in this Agreement places a duty on Company to ever reimburse any user or Member by providing experience credit for any experience lost for any reason. Company will never reimburse or be obligated to reimburse users for any experience loss in a monetary manner, such as but not limited to monetary reimbursement or monetary credit.
6. PROHIBITED USES.
Company imposes certain restrictions on your permissible use of the Site and the Services. You are prohibited from violating or attempting to violate any security features of the Site or Services, including, without limitation,
(a) accessing content or data not intended for you, or logging onto a server or account that you are not authorized to access;
(b) attempting to probe, scan, or test the vulnerability of the Services, the Site, or any associated system or network, or to breach security or authentication measures without proper authorization;
(c) interfering or attempting to interfere with services to any user, host, or network, including, without limitation, by means of submitting a virus to the Site or Services, overloading, “flooding,” “spamming,” “mail bombing,” or “crashing;”
(d) using the Site or Services to send unsolicited e-mail, including, without limitation, promotions, or advertisements for products or services;
(e) forging any TCP/IP packet header or any part of the header information in any e-mail or in any posting using the Services; or
(f) attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by Company in providing the Site or Services. Any violation of system or network security may subject you to civil and/or criminal liability..
7. USER INFORMATION
You are required to register to use or access certain Content or Services on the Shelley Lubben Site, during which you will be asked to complete the registration process by providing the complete and accurate information requested on the online registration form, which includes your email address, a user name and password. If you provide any information that is untrue, inaccurate, or incomplete, or if Company has reasonable grounds to suspect that the information is untrue, inaccurate or incomplete, Company may decide to suspend or terminate your user account and access to the Sites and Services..
8. PASSWORD SECURITY
You are responsible for maintaining the confidentiality of your Password and you will be held responsible for all uses of your Password, whether or not authorized by you. Also, note that the security of your account is your responsibility. Company is not responsible in the event that your account is “hacked”, or if your account or your computer is damaged by a virus, or of any other issues with your computer or your account. You agree to notify Company immediately on any unauthorized use of your account, user name, or password. If you report your account stolen, hacked, or in any way compromised, Company will suspend the account while the matter is investigated. Following this investigation, Company will determine appropriate course of action in its sole and absolute discretion. Importantly, Company shall not be liable for any loss or changes in your account that you incur as a result of someone else using your password, either with or without your knowledge. You may be held liable for any losses incurred by Company, its affiliates, officers, directors, employees, consultants, agents, and representatives due to someone else’s use of your account or password..
9. CONSENT TO RECEIVE EMAIL
If you register to use the Site and Services, you hereby consent to receive periodic newsletters and other types of email communications from Company, including customer services issues, new product offers and other matters. You may choose to opt out of certain newsletter and announcement email correspondence; however, Company reserves the right to email you at any time regarding issues related to your account and your use of the Site and Services..
10. USER CONTENT
You grant Company a license to use the materials you post to the Site or Services. By posting, downloading, displaying, performing, transmitting, or otherwise distributing information or other content (“User Content”) to the Site or Services, you are granting Company, its affiliates, officers, directors, employees, consultants, agents, and representatives a license to use User Content in connection with the operation of the Site and Services. Company, its affiliates, officers, directors, employees, consultants, agents, and representatives, including without limitation, a right to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat User Content. You will not be compensated for any User Content. You agree that Company may publish or otherwise disclose your name in connection with your User Content. By posting User Content on the Site or Services, you warrant and represent that you own the rights to the User Content or are otherwise authorized to post, distribute, display, perform, transmit, or otherwise distribute User Content..
11. COMPLIANCE WITH INTELLECTUAL PROPERTY LAWS
When accessing the Site or using the Services, you agree to obey the law and to respect the intellectual property rights of others. Your use of the Services and the Site is at all times governed by and subject to laws regarding copyright ownership and use of intellectual property. You agree not to upload, download, display, perform, transmit, or otherwise distribute any information or content (collectively, “Content”) in violation of any third party’s copyrights, trademarks, or other intellectual property or proprietary rights. You agree to abide by laws regarding copyright ownership and use of intellectual property, and you shall be solely responsible for any violations of any relevant laws and for any infringements of third party rights caused by any Content you provide or transmit, or that is provided or transmitted using your User ID. The burden of proving that any Content does not violate any laws or third party rights rests solely with you. Additionally, in the event that you become aware of or reasonably suspect any infringement of the copyrights or trademarks or Company or any third parties, occurring on any Company Site, you will immediately notify Company to report such infringement..
12. INAPPROPRIATE CONTENT
13. ALLEGED VIOLATIONS
14. PREMIUM SERVICES
Some Services on the Shelley Lubben Site, Subscription Services, may be offered to you conditioned on your payment of a fee (“Shelley Lubben Membership”). By using the Shelley Lubben Membership Service, you will be subject to any charges and rules set forth in the Additional Terms for that service. A copy of the Membership Additional Terms can be found at https://www.shelleylubben.com/memberterms.
15. NO WARRANTIES.
COMPANY HEREBY DISCLAIMS ALL WARRANTIES. THE SERVICES AND INFORMATION FROM OR THROUGH THE SITE ARE PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE MAXIMUM EXTENT PERMITTED BY LAW, COMPANY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SITE, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. COMPANY DOES NOT WARRANT THAT THE SITE OR THE SERVICES WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SITE OR THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. THE INFORMATION AND SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. WE AND OUR AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION OR SERVICES.
IMPORTANTLY, YOU HEREBY ACKNOWLEDGE THAT A CATASTROPHIC DISK FAILURE OR OTHER EVENT COULD RESULT IN THE LOSS OF ALL OF THE DATA RELATED TO YOUR ACCOUNT..
16. LIMITED LIABILITY.
COMPANY'S LIABILITY TO YOU IS LIMITED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL COMPANY BE LIABLE FOR SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR LOST DATA, REGARDLESS OF THE FORESEEABILITY OF THOSE DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE OR ANY OTHER MATERIALS OR SERVICES PROVIDED TO YOU BY COMPANY. THIS LIMITATION SHALL APPLY REGARDLESS OF WHETHER THE DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT, OR ANY OTHER LEGAL THEORY OR FORM OF ACTION. ADDITIONALLY, OUR MAXIMUM LIABILITY TO YOU UNDER ALL CIRCUMSTANCES, WHETHER IN CONTRACT, TORT OR OTHER OTHERWISE, WILL BE EQUAL TO THE AGGREGATE PRICE YOU PAY FOR OUR SERVICES OVER THE COURSE OF YOUR USE OF THE SITE. THE NEGATION OF DAMAGES SET FORTH ABOVE IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU. THIS SITE AND THE INFORMATION WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE SITE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT. ANY PURCHASES THAT ARE MADE "ONE TIME" OR "FOR THE LIFE OF THE MEMBERSHIP" ARE SUBJECT TO THE FOLLOWING LIMITATIONS: SUCH PURCHASES DO NOT ENTITLE YOU TO CONTINUED SERVICES IN THE EVENT,
(A) THAT COMPANY CEASES TO OPERATE THE SITE,
(B) THAT COMPANY IS PURCHASED OR SELLS SUBSTANTIALLY ALL OF ITS ASSETS, OR (C) THAT THE COMPANY FILES A NOTICE OF BANKRUPTCY WITH ANY US COURT. UPON THE OCCURRENCE OF ANY OF SUCH EVENT, COMPANY RESERVES THE RIGHT TO CHARGE USERS FURTHER AMOUNTS FOR CONTINUED ACCESS TO COMPANY OR SITE CONTENT..
17. AFFILIATED SITES
You agree to indemnify and hold harmless Company and the Shelley Lubben Site and its subsidiaries, affiliates, agents, directors, officers and employees, from any claim, demand, or damage, including reasonable attorneys' fees, asserted by any third party due to, or arising out of, your use of the Site and/or any information (text or graphical), products, or services obtained through the Site and/or from Atomic Shell, Inc..
19. FORUMS & COMMUNICATIONS
"Forum" means a chat area, message board, instant messaging, mobile messaging or e-mail function offered as part of the Shelley Lubben Site. If you participate in any Forum within the Site, you agree to follow our terms set forth below.
You acknowledge that anything you submit to the Site by way of any Forum is routed through Company’s servers and the Internet and that, therefore, you have no expectation of privacy with regard to any such submission. You acknowledge that the Forums and features on the Shelley Lubben Site are forums for public and not private communications. Please keep in mind that whenever you give out personal information online, for example, via message boards or chat, that information can be collected and used by people you don't know. We cannot guarantee the security of any information you disclose online; you make such disclosures at your own risk..
The Site or Services are copyrights or registered copyrights as follows: Copyright © 2004-2013 Atomic Shell, Inc. 6077 Coffee Road #4 PMB 33, Bakersfield, California 93308. All rights are reserved. Such content shall include, but is not limited to: all Content offered for use on the Site and Services, screenshots, screen captures, text, photos, videos, logos, banners, advanced and special training materials, and any other media distributed pursuant to license..
21. WEBSITE CODE
All website code associated with the Site or Services are: Copyright © 2004-2013 Atomic Shell, Inc., 6077 Coffee Road #4 PMB 33, Bakersfield, California 93308. Such code shall include, but is not limited to: HTML, Flash, Shockwave and database content..
Unlawful use of Company trademarks is strictly prohibited. Such trademarks shall include, but are not limited to: “Shelley Lubben” and “ShelleyLubben.com”..
23. DISPUTES; GOVERNING LAW
a. Requirement of arbitration – by using the site or services, or downloading content from or registering for the services, you thereby agree with Atomic Shell, Inc.,, that, to the fullest extent permitted by law, you and Atomic Shell, Inc.,, will resolve any arbitral claim by binding arbitration by the national arbitration forum. as used in this agreement, an “arbitral claim” is any claim or dispute you have against or with Atomic Shell, Inc.,, or the Atomic Shell, Inc.,, indemnified parties, or any claim Atomic Shell, Inc.,, has against or with you, arising out of or relating to this agreement, the sites, the services or any advertising relating to the sites or services, including the enforceability of this agreement to arbitrate but specifically excluding: (1) claims by Atomic Shell, Inc.,, to collect from you unpaid fees and late fees; and (2) actions for remedies in aid of arbitration or equitable relief relating to intellectual property rights, as further discussed below in the “remedies in aid of arbitration; equitable relief” subsection. except as otherwise explicitly noted herein, such arbitration shall be conducted under the national arbitration forum code of procedure then in effect (“code of procedure”)
b. Waiver of right to a jury trial – by using or downloading content from or registering for or using the site or services, you also are agreeing with Atomic Shell, Inc., that you and Atomic Shell, Inc., hereby waive their right to a jury trial for any arbitral claim. if for any reason this agreement to arbitrate is held not to apply to an arbitral claim, whether such arbitral claim is against you, Atomic Shell, Inc., or the Atomic Shell, Inc., indemnified parties, both you and Atomic Shell, Inc., still agree to waive trial by jury.
c. Joinder of claims – by using or downloading content from or registering for or using the site or services, you are further agreeing with Atomic Shell, Inc., that neither you nor Atomic Shell, Inc., will join any arbitral claim with the claim of any other person or entity in a lawsuit, arbitration or other proceeding; that no arbitral claim will be resolved on a class-wide basis; and that neither you nor Atomic Shell, Inc., will assert an arbitral claim in a representative capacity on behalf of anyone else.
d. No effect on substantive rights – this agreement to arbitrate does not change your or Atomic Shell, Inc.’s substantive rights, just the potential forums for resolving disputes. in addition, you can still bring any issues you may have concerning this agreement, the sites or the services to the attention of federal, state, or local government agencies, and they can still, if the law allows, seek relief against Atomic Shell, Inc., and the Atomic Shell, Inc., indemnified parties or on your behalf.
e. Finality, application of arbitration award – any arbitration award made after completion of an arbitration is final. an award and any judgment confirming it only applies to the arbitration in which it was awarded and cannot be used in any other case except to enforce the award itself.
f. Interpretation – This agreement to arbitrate will be governed by and interpreted under the Federal Arbitration Act, 9 U.S.C. Sections 1-16. In rendering an award, the arbitrator shall apply the substantive and procedural law of the state of California, without regard to its choice of laws principles. The arbitrator shall not have any power to alter, amend, modify or change any of the terms of this Agreement, nor to grant any remedy that is either prohibited by the terms of this Agreement or not available in a court of law.
g. Hearings; Fees and Costs – Either party may demand that any required arbitration hearing or hearings be conducted other than in person, even if the Code of Procedure would otherwise have provided for an in-person hearing. Any required hearing fees and costs shall be paid by the parties as required by the Code of Procedure, although the arbitrator may, in the award, allocate all or any part of the costs of the arbitration, including the fees of the arbitrator and the reasonable attorneys’ fees of the prevailing party. If any party files a judicial or administrative action asserting a claim that is subject to arbitration and the other party successfully stays such action or compels arbitration, the party filing that action must pay the other party's costs and expenses incurred in seeking such stay or compelling arbitration, including attorney's fees.
h. Remedies in Aid of Arbitration; Equitable Relief – This agreement to arbitrate will not preclude either you or Atomic Shell, Inc.,, from seeking provisional remedies in aid of arbitration, including without limitation orders to stay a court action, compel arbitration or confirm an arbitral award, from a court of competent jurisdiction. Furthermore, this agreement to arbitrate will not preclude either you or Atomic Shell, Inc., from applying to a court of competent jurisdiction for a temporary restraining order, preliminary injunction, or other interim or conservatory relief, as necessary, to preserve the intellectual property rights of you, Atomic Shell, Inc., or third parties. THE PROPER VENUE FOR ANY ACTION PERMITTED UNDER THIS SUBSECTION REGARDING “EQUITABLE RELIEF” WILL BE THE FEDERAL AND STATE COURTS LOCATED IN KERN COUNTY, CALIFORNIA; THE PARTIES HEREBY WAIVE ANY OBJECTION TO THE VENUE AND PERSONAL JURISDICTION OF SUCH COURTS.
i. Information – Information on the National Arbitration Forum may be obtained and claims may be filed at any office of the National Arbitration Forum, online at www.arbitration-forum.com, or by mail at P.O. Box 50191, Minneapolis, MN 55405..
24. SEVERABILITY; WAIVER
25. NO LICENSE
nothing contained on the Site should be understood as granting you a license to use any of the trademarks, services marks, or logos owned by Company or by any third party..
Copyright © 2012-2013 ATOMIC SHELL, INC. Copyright © 2004-2013 SHELLEYLUBBEN.COM All Rights Reserved.