Welcome to the Web Site of Like A Pro LLC(sometimes referred to as “we,” “us,” “our,” or “Like A Pro”). Like A Pro operates this Web Site to provide online access to content (the “Service”). Our Services are provided subject to the following terms and conditions. If you visit the site, you agree to be bound by these terms and conditions as in effect at the time of your visit. Please read them carefully.
2. Electronic Communications. When you visit the site or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any and all legal requirement that such communications be in writing.
4. User Account. A user account (your “User Account”) is required to use some features of the Site. You agree to provide accurate information as required to establish your User Account. You may not impersonate another person or entity in creating or using a User Account.
You are responsible for the personal protection and security of any password or username that you may use to access this Site, if any. You are responsible for all direct or indirect damages and liable for all activity conducted on this Site that can be linked or traced back to any prohibited uses of the Site conducted under your username or password. You are obligated to immediately report a lost or stolen password or username to us. Furthermore, you are obligated to notify us immediately if your User Account has been improperly used.
We are not liable for any losses caused by your use of your User Account, whether authorized by you or unauthorized by you. You are liable for any information, comments, postings, and/or content related to your User Account.
You agree not to attempt to access, or access, a User Account that is not yours, or the information related to another User Account which is stored on this Site. You agree not to permit any person to access this Site using your User Account information.
5. Copyright. All content included on this site, such as, but not limited to, images, text, graphics, logos, and button icons, is the property of Like A Pro or its content suppliers and is protected by United States and international copyright laws. All content on this site that is not the property of Like A Pro is used with permission. The arrangement and compilation of all content on this site are the exclusive property of Like A Pro and are protected by U.S. and international copyright laws. All software used on this site is the property of Like A Pro or its software suppliers and is protected by United States and international copyright laws. Unless otherwise explicitly denoted on a specific web page, you may not download, reproduce, or otherwise use or license any of the copyrighted material from this website without prior written consent from Like A Pro.
All content, software, scripts, images, graphics, audio, video, ringtones, wallpaper, and other materials in any form (collectively, “Like A Pro Content”) is protected by copyrights, trade or service marks, patents, or other proprietary rights, and are owned or licensed by Like A Pro, subject to intellectual property rights under the United States and international laws and conventions. You understand and agree that all Like A Pro Content is provided to you solely on an AS IS basis for your personal use only and may not be copied, reproduced, distributed, broadcast, displayed, sold, licensed, or otherwise used or exploited for any purpose and in any manner without the prior written consent of Like A Pro or its respective owners. Like A Pro reserves all right not expressly granted to you. If you download, print, or display any Like A Pro Content for personal use, you must retain all copyright and other proprietary notices.
6. Trademarks. Certain marks used on our site are registered trademarks or service marks of Like A Pro or our affiliates, in the United States and other countries. Certain Like A Pro graphics, logos, page headers, button icons, scripts, and service names are trademarks, service marks, or trade dress of Like A Pro or our affiliates. Like A Pro’s trademarks and trade dress may not be used for any commercial or other purposes by any party other than Like A Pro or its affiliates without the prior written consent of Like A Pro. All other trademarks and service marks not owned by Like A Pro or our affiliates or subsidiaries that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Like A Pro.
7. DMCA Copyright/Trademark Compliance and Complaints. Like A Pro honors the intellectual property rights of others. If you believe in good faith that any material provided on the Web Site infringes upon your intellectual property, you may send notice to Like A Pro requesting that the material or access to the material be removed, pursuant to the Digital Millennium Copyright Act (“DMCA”), by providing our Copyright Agent with the following information in writing (see 17 U.S.C. 512(c)(3) and http://www.loc.gov/copyright for further details). To be effective, your infringement notification must include the following:
1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
3. Identification of the material or content that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or have access disabled, and information reasonably sufficient to permit us to locate the material;
4. Information reasonably sufficient to permit us to contact the complaining party, including address, telephone number and email address where the complaining party may be contacted;
5. The following statement: “I have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law”; and
6. The following statement: “The information in this notification is accurate, and under penalty of perjury, I swear that I am the copyright owner or that I am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.”
Upon receipt of the written notification containing the information as outlined in 1 through 6 above:
1. We will remove or disable access to the content that is alleged to be infringing;
2. We will forward the written notification to the alleged infringer; and
3. We will take reasonable steps to promptly notify the alleged infringer that we have removed or disabled access to the content.
8. DMCA Infringement Counter Notification. Pursuant to the DMCA, after the alleged infringer receives a notice of infringement from us, the alleged infringer will have the opportunity to respond to us with a counter notification (“Counter Notification”). To be effective, a Counter Notification must be a written communication provided to our designated copyright agent, and must include the following:
1. A physical or electronic signature of the subscriber;
2. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access disabled;
3. The following statement: “I swear under penalty of perjury that it is my good faith belief that the material identified above was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled”; and
4. The subscriber’s name, address, and telephone number, and a statement that the subscriber consents to the jurisdiction of the federal district court for the judicial district in which the subscriber address is located, or if the subscriber’s address is outside of the United States, or any judicial district in which Like A Pro LLC may be found, and that the subscriber will accept service of process from the person who provided notification or an agent of such person.
Upon the copyright agent’s receipt of a Counter Notification containing the information as outlined in 1 through 4 above, the DMCA provides that the removed material will be restored or access re-enabled and we will comply with this requirement as required by law, provided that the designated agent has not received notice from the original complaining party that an action has been filed seeking a court order to restrain the subscriber from engaging in infringing activity relating to the material on our network.
9. Copyrights and Digital Millennium Copyright Agent. Pursuant to our rights under the Digital Millennium Copyright Act (“DMCA”), 17 U.S.C. § 512, we have adopted a DMCA Policy governing our actions in compliance with the DMCA, and we have designated a copyright agent to receive copyright infringement notices for claims of infringement related to materials found on this Site. Our copyright agent is our intellectual property counsel. Our intellectual property counsel can be reached at firstname.lastname@example.org, or via U.S. Mail at:
Augustine Law Firm, LLC
5994 South Holly Street, Suite 400
Greenwood Village, Colorado 80111
10. License and Site Access. Like A Pro grants you a limited, revocable, nonexclusive license to access and make personal use of this site as a customer of Like A Pro, however, you must agree and adhere to all of the following guidelines and requirements:
A. No Commercial Use. The Web Site is only for personal use and may not be used in connection with any commercial endeavors unless explicitly approved by Like A Pro in writing. You may not place or transmit commercial advertisements, affiliate links, or any other forms of solicitation on the Web Site, without the express written authorization of Like A Pro.
B. No Data Harvesting or Mining. You may not perform or cause to be performed any automated system, including but not limited to “robots,” “spiders,” “offline browsers,” or any other data harvesting activity or screen scraping, nor may you cause more requests to be made of the Web Site than could reasonably be made by a human manually operating a web browser.
C. No Unsolicited Mailing or Marketing. You may not post, upload, email, or otherwise transmit to or otherwise cause Like A Pro to email, transmit, or otherwise distribute chain letters, surveys or studies, solicitations, junk mail, pyramid schemes, incentives (monetary or click-based), spamming or spamming, or bulk communications of any kind, whether or not for commercial or non-commercial purposes.
D. No Solicitation or Provision of Personal Information. You may not use the Web Site in connection with any effort to solicit passwords or personal information from any other user, or to obtain any telephone numbers, street addresses, last names, URL’s or email addresses.
F. No Impersonation or Fictitious Profiles. You may not impersonate any other person or entity (whether actual or fictitious), otherwise create a profile that provides any fictitious or false information, including but not limited to a false age, or falsely represent an association with another person or entity without the explicit authorization of such person or entity;
G. No Sale or Transfer of Profiles. You are strictly prohibited from selling or otherwise transferring your profile.
H. No Unauthorized Linking or Framing. Should you wish to link to the Like A Pro Web Site, you agree that you (i) will not replicate the Web Site’s Content; (ii) will not frame or border environment around any of the Web Site’s content; (iii) will not misrepresent any relationship with Like A Pro or imply that Like A Pro is connected to or endorses your products, services, or other offering; (iv) will not have disparaging content or misinformation about Like A Pro on the linking website or source; and (iv) will ensure the linking website will not contain any content that is unlawful, may be reasonably considered defamatory, vulgar, pornographic, or in derogation of Like A Pro’s own content submission policy.
Despite these prohibitions, submissions or websites that link to the Like A Pro Web Site that may violate these Terms of Service may be available on the Web Site and Like A Pro assumes no responsibility or liability. If you become aware of such submissions or websites, please contact Like A Pro.
11. Submissions. You acknowledge and agree that you are solely responsible for any content or information that is submitted to the Site by you, through your User Account, or otherwise attributable to you, including, but not limited to, forum postings on the Site, reviews, ideas, feedback or other information about us or the Site, including any information incidental to the act of submitting to the Site, including your usage information such as time and date information and other information from your User Account (a “Submission”). We assume no responsibility or liability for the content of any Submission. Submissions may not contain any content that is, based on our subjective determination, objectionable, offensive or injurious to any party, including content that invades the privacy or otherwise violates the rights of others, and including content that is otherwise illegal, obscene, threatening, or defamatory. Submissions may not contain software, including any virus, script or process, “spam” in any form, mass mailings, or any commercial content. Each Submission must be correctly identified with your User Account and may not impersonate another party, or be misleading in any way, including through the use of a misleading email address, or username.
You assign to us the entire right, title, and interest in the copyright of any text or other content that is part of the Submission, specifically including the exclusive right to enforce such copyright (the “Submission Copyright Assignment”).
You irrevocably grant to us a perpetual, non-exclusive, transferable, fully paid-up, worldwide license with the right to grant and authorize sublicenses (the “Submission License”) to any and all intellectual property rights in the Submission that are not included in the Submission Copyright Assignment, with the Submission License expressly including rights to use in any manner, to copy, to publicly perform, to publicly display, to reformat, to translate, to excerpt (in whole or in part) to prepare derivative works of, to incorporate into other works, and to distribute the Submission for any purpose, commercial or non-commercial.
You may not submit any Submission to the Site that you did not create. You further represent and warrant that you are the rightful title holder of any and all intellectual property rights of any Submission, that you have the unencumbered right to grant the Submission Copyright Assignment and/or the Submission License to us and that you consider any Submission to be non-confidential.
You acknowledge and agree that we may monitor, review, and track any and all Submissions at any time, but we are not obligated to do so. You further acknowledge and agree that we may remove or delete any Submission in its sole subjective discretion and without notice to you. You acknowledge and agree that, although we may store any Submissions pursuant to the Submission License, we are under no obligation to do so or to provide you any access to your Submission. You may not rely on us to retain a copy of any Submission. You are responsible for storing and retaining any copies of all Submissions to which you may want future access.
12. Limited License to Use Site Content. We grant to you, at our sole discretion, only a limited, personal, revocable at any time (without notice), non-exclusive, non-transferable license to access and view the Site Content (the “Site Content License”) without the right to modify, copy, download, republish, link to, frame, distribute, display, sell, repackage, collect, upload or republish Site Content on any Internet, Intranet or Extranet site or incorporate the information in any other database or compilation, store or use the Site Content. Furthermore, the Site Content License specifically does not authorize and strictly prohibits any use for any commercial purpose. Under the Site Content License, only you may access and view the Site Content. No automated means may be used to access or view the Site Content on your behalf, including software means such as robots, spiders, wanderers or other software routines purposed for the collection of information, data-mining, data-extraction, scraping or other data-gathering methods.
We may present various descriptions of products on the Site, including titles, thumbnails, third-party identification numbers (the “Descriptors”). Any Descriptors presented on the Site are part of the Site Content and are presented under our license of to use any intellectual property rights used from the respective owners. The Site Content License does not include any rights in the Descriptors other than those explicitly granted by the Site Content License. To obtain any further rights in the Descriptors, you must receive those rights from the respective owners of the rights.
Any use of the Site or Site Content that violates the Site Content License will terminate the Site Content License automatically and without notice to you. No license is granted to the Site Content either explicitly, implicitly, by estoppel or other equitable means except for the Site Content License as explicitly limited herein.
The sole consideration received by you for assigning the Submission Copyright Assignment to us and granting of the Submission License to us shall be the rights granted under the Site Content License at the time of submitting the Submission, and no future grant of the Site Content License or guaranteed extension thereof shall be granted based on you granting the Submission License to us. Furthermore, you will not be entitled to any further consideration or acknowledgement for granting the Submission License to us.
13. No Endorsement or Liability for User-Generated or Third-Party Content. Although third-party or user-generated Submissions may be posted on this Site, the posting of those Submissions does not constitute our endorsement of those Submissions. We are not responsible or liable for any claim, including, without limitation, loss or injury to real, tangible, or intellectual property, violations of personal privacy or privacy rights, actual, consequential or punitive damages, personal injury, or wrongful death in connection with third-party or user-generated Submissions.
16. Site Updates. We undertake no obligation to update, amend or clarify information on this Site, including, without limitation, pricing information, except as required by law. No specified update or refresh date applied on this Site should be taken to indicate that all information on the Site has been modified or updated. Please remember when reviewing information on this Site that such information may not represent the complete information available on a subject. In addition, subsequent events or changes in circumstances may cause existing information on this Site to become inaccurate or incomplete.
On occasion, information on this Site may contain errors, including, without limitation, typographical errors, inaccuracies, or omissions. We reserve the right to, at any time without prior notice, correct any errors, inaccuracies or omissions on the Site.
17. Service Offerings. We reserve the right to limit the quantities of any services that offered through the Site. All descriptions of services are subject to change at any time without notice at our sole discretion. We reserves the right to discontinue any service at any time. Any offer for any promotion or service made on this Site is void where prohibited.
18. Limitations on Liability. YOU ACKNOWLEDGE, BY YOUR USE OF THIS SITE: (1) THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK; (2) THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT THAT YOU USE IN CONNECTION WITH YOUR USE OF THIS SITE; AND (3) THAT LIKE A PRO LLC WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND RELATED TO YOUR USE OF OR INABILITY TO USE THE SITE, INCLUDING, WITHOUT LIMITATION, FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, COMPUTER VIRUS, OR NETWORK OR INTERNET FAILURE, OR INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, SPECIAL, COMPENSATORY OR CONSEQUENTIAL DAMAGES, LOST PROFITS AND/OR LOSS OF OR DAMAGE TO PROPERTY WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE STRICT LIABILITY OR ANY OTHER BASIS, EVEN IF LIKE A PRO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL LIKE A PRO’ TOTAL LIABILITY FOR ANY CLAIMS RELATED TO THIS SITE EXCEED FIFTY ($50) DOLLARS.
BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES. LIKE A PRO’ AND ITS AFFILIATES’, AGENTS’, LICENSORS’ AND SUPPLIERS’ DAMAGES IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
19. Disclaimer. THE CONTENT PROVIDED ON THIS SITE IS PROVIDED “AS IS” AND “WITH ALL FAULTS.” LIKE A PRO MAKES NO WARRANTY OR REPRESENTATION, EITHER EXPRESS OR IMPLIED, AS TO ITS USE, AVAILABILITY, CONTENT ACCURACY, APPROPRIATENESS OR PERFORMANCE OF THIS SITE. AS A USER, YOU ASSUME ALL RISKS AND RESPONSIBILITIES FOR ITS USE OR NON-USE, AND LIKE A PRO LLC MAKES NO REPRESENTATION THAT THE CONTENT APPEARING ON OR DOWNLOADED FROM THIS SITE IS COMPATIBLE WITH YOUR COMPUTER OR FREE FROM ERROR OR VIRUSES. NO LIKE A PRO LLC EMPLOYEE, AGENT OR REPRESENTATIVE IS AUTHORIZED TO MODIFY OR AMEND THIS WARRANTY. TO THE EXTENT ALLOWABLE BY EXISTING LAW, LIKE A PRO LLC DISCLAIMS ALL OTHER WARRANTIES, EITHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THIS SITE AND ITS CONTENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR LIMITATION ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.
LIKE A PRO LLC RESERVES THE RIGHT TO REMOVE SITE CONTENT, OR SUSPEND OR TERMINATE YOUR USE IN ANY WAY, AT ANY TIME, FOR ANY REASON, WITHOUT PRIOR NOTIFICATION, AND LIKE A PRO LLC WILL NOT BE LIABLE IN ANY WAY FOR POSSIBLE CONSEQUENCES OF THAT ACTION.
21. Release. ALL USERS OF THIS SITE ACKNOWLEDGE AND AGREE THAT LIKE A PRO LLC AS AN INDEMNIFIED PARTY IS RELEASED, DISCHARGED, AND HELD HARMLESS FROM ANY AND ALL LIABILITY FROM THIRD-PARTY CLAIMS MADE IN CONNECTION WITH THE SITE, INCLUDING, WITHOUT LIMITATION, WRONGFUL DEATH AND PERSONAL INJURY, MONEY DAMAGES, OUT-OF-POCKET AND COURT COSTS, ATTORNEY’S FEES, DAMAGE TO TANGIBLE PROPERTY OR REPUTATION, INCLUDING, WITHOUT LIMITATION, LIBEL, DEFAMATION, RIGHT OF PUBLICITY AND INVASION OF PRIVACY. LIKE A PRO LLC RESERVES ITS RIGHT TO ALL FORMS OF EQUITABLE AND LEGAL RELIEF RELATED TO FRAUD OR ILLEGAL ACTIVITY CONNECTED TO THE USE OF THE SITE.
26. Notice and Consent to Electronic Communications. When you visit this Site or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be signed in writing.