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Effective Date: May 1, 2013

Thank you for using TotalEdit.com!

Acceptance of Terms.  This website is provided by Reflective Practices, LLC, a Utah limited liability company, dba TotalEdit.com (“TotalEdit.com”).  These Terms of Use (“Terms”) govern your access to and use of this website (“Site”) as well as the StandardEditTM, AdvancedEditTM, and TotalEditTM services (“Services”).  By visiting or otherwise using this Site, you agree to be bound by these Terms and by the Privacy Policy.

Purpose of the Site.  The information (“Content”) on the Site is presented for informational purposes only and does not create an obligation to provide Services or any other legal relationship between you and TotalEdit.com.  TotalEdit.com will provide Services to you only when you place an order through this Site pursuant to the Services and Payment Terms.

Registration.  You may be required to register to access and use certain information on the Site and to order Services.  By registering, you agree to provide the information requested on the registration page of the Site and warrant that the information you provide is complete and accurate.  You also agree to update your information and that you are responsible for keeping your information current.  You agree not to share or disclose your username and password to anyone other than to TotalEdit.com and that you are responsible for selecting and keeping you username and password confidential.  You are entirely responsible for any and all uses of the Site through your username and password, whether by you or by anyone else.  You must notify TotalEdit.com immediately if you know of or suspect unauthorized use of your username and password for this Site.  TotalEdit.com’s managers, owners, and employees are not able to see the complete information of users and are not liable if any login information becomes public.

Who Can Use This Site.  You can use this Site only if you are able to enter into a binding agreement with TotalEdit.com.  If you are accessing or using this Site on behalf of a company or legal entity, you hereby warrant that you, in addition to being bound by these Terms, are authorized to, and do hereby, bind such company or legal entity to these Terms. If you are under 18 years of age, your parent or legal guardian must give you permission to use this site.  If you are under 13 years of age, you can use this site only with the verifiable parental consent of your parent or legal guardian in accordance with the Children’s Online Privacy Protect Act of 1998.

Prohibited Uses.  Your use of the Site is restricted as follows:

  1. You agree not to, and will not attempt to, violate any applicable international, federal, state, or local law, regulation, or rule in accessing and using this Site, including the laws, regulations, and rules of the country from which you are accessing and using this Site.
  2. You agree not to, and will not attempt to, send, transmit, or upload: (i) any material that is illegal; (ii) any material that is sexually explicit, pornographic, or obscene; (iii) any material that is libelous, derogatory, harmful, or derogatory to anyone; (iv) any material that you do not have authorization to use; (v) any advertising material, promotional material, or spam; or (vi) any material that adversely affects TotalEdit.com.
  3. You agree not to, and will not attempt to, breach, avoid, bypass, deactivate, impair, or otherwise circumvent any security, technological, or authentication measures associated with this Site.  Accordingly, you agree not to access or use any feature or portion of this Site that you do not have the right to access or use.
  4. You agree not to, and not to attempt to, probe, scan, or test the vulnerability of this Site or any associated system, network, or authentication measure.
  5. You agree not to, and not to attempt to, decompile, decipher, disassemble, or reverse engineer any of the software used to provide this Site.
  6. You agree not to use this Site in a manner that may be harmful to the systems operating this Site or to others’ use of this Site.  Accordingly, you agree not to tamper with, impair, damage, or otherwise impair this Site, any connected network, or any person’s use or enjoyment of this Site, including, without limitation, by a virus, malware, Trojan horses, or any other harmful program or computer code.
  7. You also agree not to encourage or enable anyone else to do any of the activities prohibited in these Terms.

Termination of Access or Use.  TotalEdit.com reserves the right, in its sole and absolute discretion, to limit or terminate your access to or use of this Site at any time without notice.  Moreover, if you breach these Terms, TotalEdit.com may take the following actions as it deems appropriate:

  1. Withdraw your right to use the Site;
  2. Send a warning to you;
  3. Commence legal proceedings against you for all costs and damages; and
  4. Disclose such information to law enforcement authorities.
    TotalEdit.com may terminate your registration if you have not accessed the Site in over one year.

License.  The Content presented on this Site is the exclusive property of TotalEdit.com and is protected under applicable intellectual property laws.  Nothing contained on the Site or in these Terms will be construed as conferring any license or right to any intellectual property of TotalEdit.com.

Indemnification.  You will defend, indemnify, and hold harmless TotalEdit.com and its affiliates, and their respective owners, managers, directors, officers, employees, agents, attorneys, insurers, successors, and assigns from and against all claims, demands, judgments, losses, liabilities, damages, costs, fees, expenses arising out of your breach of these Terms or any representation or warranty made herein.

Disclaimer of Warranties.  TotalEdit.com does not warrant that this Site is free of inaccuracies, errors, or omissions, and is not responsible for failures in technology.  TotalEdit.com makes no representations or warranties of any kind with respect to this Site or its Content, such representations and warranties being expressly disclaimed.  TOTALEDIT.COM (A) PROVIDES THE SERVICES “AS IS, ” WITH ALL FAULTS AND WITHOUT ANY WARRANTY OR GUARANTEES, (B) MAKES NO WARRANTIES, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, WITH RESPECT TO THE SERVICES, AND (C) SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTIABILITY, FITNESS FOR A PARTICUALR PURPOSE, AND ANY WARRANTY AGAINST NON-INFRINGEMENT OF ANY INTELLECTUAL PROPERTY OF ANY THIRD PARTY.  TOTALEDIT.COM DOES NOT WARRANT THAT ANY OF THE SERVICES WILL MEET YOUR EXPECTATIONS OR REQUIREMENTS, OR THAT THEIR CONTENT OR METHOD OF DELIVERY WILL BE FREE OF ERROR, OR THAT DEFECTS THEREIN SHALL BE CORRECTED.

Limitation of Liability.  TOTALEDIT.COM WILL NOT BE LIABLE, EVEN FOR REASONS OF NEGLIGENCE, TO YOU OR TO ANY THIRD PARTY FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, BUSINESS INTERRUPTION, PERSONAL INJURY INCLUDING DEATH, LOSS OF DATA, AND PROPERTY DAMAGE OF ANY NATURE WHATSOEVER, INCLUDING ANY SUCH DAMAGES RESULTING FROM (A) THE USE OF, OR INABILITY TO USE, THIS SITE OR ITS CONTENT AND (B) RELIANCE ON MATERIALS OR CONTENT MADE AVAILABLE THROUGHT THIS SITE.  IN NO EVENT SHALL OUR TOTAL LIABILTY TO YOU FOR ANY SUCH DAMAGES EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING AND USING THIS SITE.

Governing Law and Dispute Resolution.  These Terms and the Privacy Policy will be governed and construed in accordance with the laws of the State of Utah, excluding conflicts of laws rules.  For any controversy, claim, or dispute arising out of or related to the Terms and the Privacy Policy, you agree to refer the dispute to be finally settled by arbitration in Salt Lake City, Utah, in accordance with the JAMS International Arbitration Rules.  Any dispute arising out of or related to the scope of this arbitration clause or to the persons bound by or with rights to assert the same also shall be decided by the arbitral tribunal. All arbitration proceedings hereunder, including submissions, documents, statements, and testimony, will be in the English language before a sole arbitrator.  Judgment upon any arbitral award may be entered and enforced in any court of competent jurisdiction.  You agree to waive any right you may otherwise have to a trial by jury, and you agree to waive any right you may have to participate in any class, collective, group, or representative action.  You agree that any controversy, claim, or dispute arising out of or related to these terms, the privacy policy, or the site must be commenced within one year after the controversy, claim, or dispute accrues, failing which the controversy, claim or dispute will be barred.  You agree that the prevailing party in any action will be entitled to recover from the non-prevailing party, in addition to any other rights and remedies it may have, its reasonable costs, fees, and expenses, including, without limitation, attorneys’ fees and court costs.

Changes.  TotalEdit.com reserves the right, at its sole and absolute discretion, to change, remove, and add any portion of the Site, these Terms, and the Privacy Policy, in whole or in part, at any time.  It is your responsibility to monitor for any such changes to the Site, these Terms, and the Privacy Policy, and you agree to accept such changes by continuing to access and use this Site.  TotalEdit.com may, but is not obligated to, provide changes to the Site, these Terms, and the Privacy Policy, including by adding or discontinuing any Services.

Entire Agreement, Severability, and Waiver.  These Terms, together with the Privacy Policy, and any amendments on any agreements for Services you may enter into with TotalEdit.com in connection with this Site, will constitute the entire and integrated agreement between you and TotalEdit.com.  The invalidity or unenforceability of any provision of this agreement will not affect the validity and enforceability of any other provision of this agreement; provided, however, that in the event the invalidity or unenforceability of any provision of this Agreement has a material adverse effect on any of the rights of TotalEdit.com, you acknowledge and agree that TotalEdit.com will have the right to terminate this agreement immediately, without any further liability or obligation, by providing you with notice of termination.  No action or failure to act by TotalEdit.com will constitute a waiver of a right afforded it under this agreement, nor will such action or failure to act constitute approval of or acquiescence in a breach of this agreement except as may be specifically agreed in writing.

Thank you for visiting TotalEdit.com!