Web site terms and conditions of use

Welcome to Elisabeth Dale’s The Breast Life Web site, and thanks for accessing our services. These terms and conditions govern your use of our site:

Ownership

This Web site is owned and operated by Mammoirs LLC. Any legal claims or concerns regarding this Web site should be addressed to: TheBreastLife, P. O. Box 1489, Kingston, WA 98346.

Except where otherwise indicated, the content featured or displayed on this Web site, including, but not limited to, text, graphics, photographs, images, moving images, sound, illustrations and software, belongs to Mammoirs LLC, and is protected by copyright, trade dress, moral rights, trademark and other laws relating to intellectual property rights, to the fullest extent applicable under both United States and foreign laws. Unauthorized use of the materials available on this Web site could subject you to liability under copyright, trademark, trade dress, unfair competition, and other laws of the United States.

License

Mammoirs LLC authorizes you to copy materials on this site to a hard drive for the purpose of viewing and using the site on your computer. You may also print portions of the site in hard copy for the sole purpose of facilitating your personal, noncommercial use and retention of information from the site. You may not sell or modify the material, or reproduce, republish, display, publicly perform, distribute, or otherwise use the material in any way for any public or commercial purpose. Unauthorized use of this material on any other Web site or in a networked computer environment for any purpose is prohibited. You may not decompile, reverse-engineer, disassemble, rent, lease, loan, sell, sublicense, or create derivative works from, the Web site or its content. Nor may you use any network monitoring or discovery software to determine the site architecture, or extract information about usage or users. You may not use any robot, spider, other automatic device, or manual process to monitor or copy our Web site or its content without our prior written permission. You may not copy, modify, reproduce, republish, distribute, display, or transmit for commercial, nonprofit or public purposes all or any portion of the Web Site, except to the extent permitted above.

Trademarks

THE BREAST LIFE, MAMMOIRS, and CHANGING THE WORLD, ONE BOOB AT A TIME are trademarks of Mammoirs LLC, protected under the laws of the United States and other countries. Other parties’ trademarks used, depicted or identified on this Web site are the property of their respective owners, used here by permission, and may be registered in one or more countries. Use on this Web site of the trademark(s) of any other party is not intended to imply Mammoirs LLC’s affiliation with or endorsement of that party, or that party’s sponsorship or endorsement of Mammoirs LLC, its products or services.

Advertisers

This Web site contains third-party advertising. Advertisers are responsible for ensuring that material submitted for inclusion on our Web site is accurate and complies with applicable laws. We are not responsible for advertisers’ materials, and make no representation with respect to the goods and services advertised or the legality or accuracy of such advertising.

Product Reviews and Recommendations: Disclosure

As part of its editorial content, The Breast Life features product reviews and recommendations from our brigade of Breast Life testers. Companies cannot pay to have their products mentioned and all content is written and included at the discretion of Mammoirs LLC. We do receive product samples from companies, but these unsolicited samples may or may not be mentioned on The Breast Life. We also purchase products we choose to review. Receiving samples does not influence whether or not products are reviewed favorably or unfavorably, or listed in TheBreastLife.com store. We also award The Breast Life Seal of Approval to products that have been tested and approved by our group of product testers.

Mammoirs LLC has affiliate relationships with some online lingerie retailers, maternity, and surgical support sites, and may receive a percentage if a TheBreastLife.com user buys an item. Many of our products are not associated with any affiliate partnership and we get no return or consideration from having such products on our site.

Product Submissions

Breast-related products submitted for our review should be mailed* to:

Elisabeth Dale
The Breast Life
8424 Santa Monica Blvd., #A704
West Hollywood, CA 90069

*Sorry, but we can’t confirm receipt of any items received.

Content Submissions

Readers may submit their personal stories or “mammoirs” to our site as well. These are anonymous submissions, and by submitting the form and your “mammoir,” you agree to give Mammoirs LLC the right to publish the content. You also agree that you: (i) are the owner of any material you post or submit, or have obtained permission from the owner of any pre-existing material to include it in your submission; (ii) have obtained the consent of anyone pictured, named, or otherwise included in your submission; and (iii) indemnify and hold harmless Mammoirs LLC, its affiliates, directors, officers, employees, shareholders, agents, representatives, and licensors, from and against any loss or liability arising out of our publication or other use of your submission.

Digital Millennium Copyright Act: Notification of Alleged Copyright Infringement

We avail ourselves of the protections of the Digital Millennium Copyright Act and reserve the right to remove any content that is alleged to infringe the copyright of another party. Notices to us regarding any alleged copyright infringement on our Web site should be directed to: Elisabeth Dale, Mammoirs LLC / TheBreastLife, P. O. Box 1489, Kingston, WA 98346; or by email to e@TheBreastLife.com. Notices of claimed copyright infringement requesting takedown must include the following information:

1.       The name and signature or e-signature of the owner of copyrighted material that is allegedly infringed, or of a person authorized to act on the owner’s behalf.

2.       Specific identification of the copyright-protected work claimed to have been infringed, and, if applicable, identification of the federal copyright registration of that work.

3.       Specific identification and location on our Web site (such as a URL) of the material that is claimed to be infringing and that is to be taken down.

4.       Information sufficient to enable us to contact the complaining party or that party’s representative, such as an email address or a telephone number.

5.       A statement that the complaining party has 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.

6.       A statement that the information in the notification is accurate, and―under penalty of perjury―that the complaining party is authorized to act on behalf of the owner of the copyright-protected work that is allegedly infringed.

Privacy Policy

Retention and Use of Personal Information: Mammoirs LLC respects your ability to make informed choices about the collection and uses of your personal information. We collect personally-identifying information―such as your name and email address—only from those who voluntarily sign up (willingly) for our mailing list or leave product reviews. This information is stored on our Web server. Mammoirs LLC takes every reasonable effort to protect the information stored on its database, but cannot guarantee complete freedom from risk, and will not be liable for inadvertent disclosures of personal information that result from circumstances beyond Mammoirs LLC’s reasonable control, such as hacking or other malicious attacks on the security of this Web site.

Opt-In/Out: You may subscribe to our blog by clicking the RSS Feed icon in the upper right of our Home page. If you want to receive updates that are site and product related, you may sign up by providing your name and email address and clicking the “Join Our Mailing List” button. You may sign up anonymously. Should you wish to change your preference, you may contact us at e@TheBreastLife.com at any time. We will take reasonable steps to deactivate your name from our marketing lists when we receive your request to do so. We do not provide your personally-identifying information to any third party.

Use of Personally-Identifying Information: Any such personal information as may from time to time be collected from this Web site is stored indefinitely. Mammoirs LLC may share anonymous statistical information about its users with third-party affiliates, but does not share personally-identifying information with these affiliates or other companies, and does not sell its customer information. However, we reserve the right to sell or otherwise transfer such information to a legitimate successor-in-interest to our company or its business assets. Any personal information we collect may be used for such purposes as processing transactions, customer service, marketing, product and service development, and facilitating subsequent use of this Web site. We also reserve the right to (a) disclose any such personal information if required to do so by law, or in the good faith belief that such action is reasonably necessary to comply with legal process, respond to claims, or protect the rights, property or safety of our company, employees, customers, or the public, and to (b) transfer or sell such personal information to any legitimate successor-in-interest to Mammoirs LLC’s business in the event of the sale, acquisition, or insolvency of the company.

Children: It is not our intention to collect personal information from anyone under 13 years of age. If you are under 13, do not enter information on this Web site; we must have express written permission from a parent before you may use this site. The authorizing parent must email us at e@TheBreastLife.com, certifying the parent’s age and authority, and giving us express permission to acquire and retain any such personal information from you as we may normally obtain from users of this site.

Recourse: If at any time you believe that Mammoirs LLC has not followed the above policy, please let us know at e@TheBreastLife.com and we will make reasonable efforts to identify and correct any problem.

Changes: Mammoirs LLC reserves the right to change the terms of its privacy policy at any time. If we do change this privacy policy, we will post the changes on this Web site. We encourage you to review this privacy policy each time you visit our Web site to make sure you understand our current policy on collecting and using customer information.

Limitation: It is Mammoirs LLC’s intention that this Privacy Policy apply only to Mammoirs LLC’s online data retention and collection activities. The Policy does not apply to any offline practices of Mammoirs LLC.

Links to Other Sites

This Web site contains links to sites not operated or maintained by Mammoirs LLC. These links are provided solely as a convenience to you and not as an endorsement by Mammoirs LLC of the contents of such third-party Web sites. Mammoirs LLC is not responsible for the content of the sites of others and makes no representation regarding the content or accuracy of materials on such sites. If you decide to access linked third-party Web sites, you do so at your own risk, and waive any and all claims against Mammoirs LLC regarding the inclusion of links to outside Web sites or your use of those Web sites. Third-party sites may contain User Agreements or Terms and Conditions to which you are subject while using those sites. We encourage you to become familiar with the privacy policies of any linked site when you access that site.

Representations As To Content

Mammoirs LLC makes no representations or warranties as to the accuracy, reliability, completeness, or timeliness of any information or material on this site. Your use of the Web site and its content is at your own risk. The materials on this Web site are provided for promotional and informational purposes only, and are not intended as medical advice, nor for medical or any other use, nor as advertisements or endorsements of the products or services of any party other than Mammoirs LLC.

Limitations on Mammoirs LLC’s Liability

DISCLAIMERS OF WARRANTIES: Mammoirs LLC DOES NOT WARRANT THAT THE WEB SITE WILL OPERATE ERROR-FREE OR THAT THIS WEB SITE AND ITS SERVER ARE FREE OF COMPUTER VIRUSES AND/OR OTHER HARMFUL MATERIALS. IF YOUR USE OF THE WEB SITE OR THE MATERIAL RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, Mammoirs LLC IS NOT RESPONSIBLE FOR THOSE COSTS. THE WEB SITE AND MATERIAL ARE PROVIDED ON AN “AS IS” BASIS WITHOUT ANY WARRANTIES OF ANY KIND. Mammoirs LLC, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, INCLUDING THE WARRANTY OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES RIGHTS, AND THE WARRANTY OF FITNESS FOR PARTICULAR PURPOSE. Mammoirs LLC MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE MATERIAL, SERVICES, SOFTWARE TEXT, GRAPHICS, AND/OR LINKS.

DISCLAIMER OF CONSEQUENTIAL DAMAGES: EXCEPT AS OTHERWISE REQUIRED BY APPLICABLE LAW, NEITHER Mammoirs LLC NOR ITS DIRECTORS, EMPLOYEES, LICENSORS, CONTENT PROVIDERS, AFFILIATES OR OTHER REPRESENTATIVES WILL BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL AND EXEMPLARY DAMAGES, ARISING FROM THE USE OR PERFORMANCE OF THIS WEB SITE OR FROM ANY INFORMATION, SERVICES OR PRODUCTS PROVIDED THROUGH THIS WEB SITE, EVEN IF Mammoirs LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Limitations on Enforceability: Some U.S. states and foreign countries do not permit the exclusion or limitation of implied warranties or liability for certain categories of damages. Therefore, some or all of the limitations above may not apply to you to the extent they are prohibited or superseded by state or national provisions. Mammoirs LLC makes no representation of any kind with respect to the applicability and enforceability of laws or policies of countries other than the United States over the content of this Web site and the provisions of these Terms and Conditions.

California Civil Code Section 1542 Waiver: To the extent that releases and waivers contained in these Terms of Use are releases to which Section 1542 of the California Civil Code or similar provisions of other applicable law apply, you agree that the waiver of such provision was separately bargained for and the foregoing releases shall be effective as a bar to any and all actions, fees, damages, losses, claims, liabilities and demands of whatsoever character, nature and kind, known or unknown, suspected or unsuspected specified herein.

Governing Law and Venue

This Agreement shall be interpreted, construed and governed by the laws of the State of Washington, USA, without reference to its laws relating to conflicts of law and not including the provisions of the 1980 United Nations Convention on Contracts for the International Sale of Goods. Venue for all disputes arising under this Agreement shall lie exclusively in the Superior Courts of the State of Washington in King County or the Federal District Courts of the Western District of Washington (as permitted by law) and each party agrees not to contest the personal jurisdiction of these courts. Notwithstanding the foregoing, however, Mammoirs LLC shall have the right to commence and prosecute any legal or equitable action or proceeding before any non-U.S. court of competent jurisdiction to obtain injunctive or other relief in the event that, in the opinion of Mammoirs LLC, such action is necessary or desirable.

Enforcement

Should any clause of these Terms and Conditions of Use be found unenforceable, wherever possible this will not affect any other clause and each will remain in full force and effect. Mammoirs LLC’s failure to expressly enforce any provision of these Terms and Conditions does not waive its rights to enforce that or any other provision.

Modification/Integration

We reserve the right to change these Terms and Conditions, and other information available on this Web site, without notice. These conditions set out the entire agreement between Mammoirs LLC and you relating to your use of this Web site.

© 2013 Mammoirs LLC. All rights reserved.