Last Updated: March 1, 2022
Welcome scientifically minded people! We’ve drafted these Terms of
Service (the “Terms”) so you’ll know the rules that govern your use of
the website located at ansured.com (the “Site”) offered by Ansured,
Inc. ("Ansured", "we", or "us"). To make these Terms easier to read,
the Site, our services and the Newsletter connected to the site are
collectively called the “Services.”
ARBITRATION NOTICE FOR U.S. CUSTOMERS: EXCEPT FOR CERTAIN DISPUTES,
YOU AGREE TO RESOLVE ANY DISPUTE BETWEEN YOU AND ANSURED THROUGH
BINDING, INDIVIDUAL ARBITRATION RATHER THAN IN COURT AS DESCRIBED IN
1. Agreement to Terms. By using our Services, you agree to these
Terms. If you don’t agree to these Terms, do not use the Services. If
you are using the Services on behalf of a business entity, you
represent that you are authorized to do so, and have the authority to
agree to the Terms on behalf of this entity.
governs your use of the Services. It contains detailed information on
how we collect, use and share your information.
3. Changes to these Terms or the Services. We may update these Terms
from time to time. If we do, we’ll let you know by posting the updated
Terms on the Site and/or by sending you other communications. If you
continue to use the Services after we have posted updated Terms, it
means that you accept and agree to the changes. If you don’t agree to
be bound by the changes, you may not use the Services anymore. We may
change or discontinue all or any part of the Services at any time and
without notice to you, at our sole discretion.
4. Who May Use the Services? You must be 13 years or older and
legally capable of forming a binding contract to use our Services.
5. Subscriptions and Payments.
(a) Subscriptions. You can sign up for our free biweekly newsletter
subscription through our Site.
(b) Payments. Certain aspects of our Services are only available
through direct payment. We do not charge a re-occurring fee. No fees
are hidden. You represent and warrant that you have the legal right
to use all payment method(s) you have provided. All fees are stated
and payable in United States dollars as well as Euros.
(c) Refunds. You can request a refund of your payment by emailing
email@example.com by stating why you are dissatisfied with our
6. General Prohibitions and Ansured's Enforcement Rights. Ansured's
services, like any business, functions best when its users follow a
few simple rules. You agree not to do any of the following:
(a) Ask any question that: (i) infringes, misappropriates or violates
a third party’s copyright, trademark, or other intellectual property
rights, or rights of publicity or privacy; (ii) violates, or
encourages any conduct that would violate our civil conduct or any
applicable law or regulation or would give rise to civil liability;
(iii) is fraudulent, false, misleading or deceptive as defined under
applicable laws; (iv) is defamatory, obscene, pornographic, vulgar or
offensive without any artistic merit; (v) promotes discrimination,
bigotry, racism, hatred, harassment or harm against any individual or
group; (vi) is violent or threatening or promotes violence or actions
that are threatening to any person or entity; or (vii) promotes
illegal or harmful activities or substances;
(b) Remove, alter or obscure any copyright, trademark, service mark
or other proprietary rights notices incorporated in or accompanying
(c) Use, display, mirror or frame any part of the Services without
Ansured's express written consent;
(d) Attempt to access areas or features of the Services that you are
not authorized to access;
(e) Probe, scan or test the vulnerability of our Services or any
system or network;
(f) Circumvent any technological measure that we implement to protect
(g) Crawl, scrape, or otherwise cache any content from the Services;
(h) Attempt to decipher, decompile, disassemble or reverse engineer
any of the software used to provide the Services;
(i) Interfere with, disrupt, negatively affect, or inhibit other
members from fully enjoying the Services, or that could damage,
disable, overburden, or impair the functioning of the Services
(j) Collect or store any personally identifiable information from the
Services from other users of the Services without their express
(k) Impersonate or misrepresent your affiliation with any person or entity;
(l) Create or submit unwanted comments to any Foster member;
(m) Violate any applicable law or regulation; or
(n) Encourage or enable any other individual to do any of the foregoing.
We may consult and cooperate with law enforcement authorities to
prosecute users who violate the law.
7. DMCA/Copyright Policy. Ansured respects copyright law and expects
you to do the same. If we become aware that a member has repeatedly
infringed copyrights, we will take reasonable steps within our power
to terminate a user's access to our Services.
8. Links to Third Party Websites or Resources. The Services may allow
you to access third-party websites or other resources. We provide
access as a convenience to you and are not responsible for the content
displayed on such websites. You are solely responsibility for and
assume all risk arising from your use of any third-party resources.
9. WARRANTY DISCLAIMERS. WE TRY TO KEEP THE SERVICES UP AND RUNNING
AND FREE OF ANNOYANCES. BUT WE MAKE NO PROMISES THAT WE WILL SUCCEED.
THE SERVICES ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND.
WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ANY IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET
ENJOYMENT AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF
COURSE OF DEALING OR USAGE OF TRADE. WE MAKE NO WARRANTY THAT THE
SERVICES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN
UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. WE MAKE NO WARRANTY
REGARDING THE QUALITY, ACCURACY, TIMELINESS, TRUTHFULNESS,
COMPLETENESS OR RELIABILITY OF ANY INFORMATION OR CONTENT ON THE
SERVICES. WE MAKE NO ASSURANCES THAT THE SERVICES WILL RENDER ANY
PARTICULAR BENEFIT TO YOU.
10. Indemnity. If we’re exposed to any sort of liability relating to
certain of your acts (e.g., your submission of infringing content),
your violation of the agreement, then you’ll step into our shoes and
cover that liability for us. You will indemnify and hold Ansured and
its officers, directors, employees and agents, harmless from and
against any claims, disputes, demands, liabilities, damages, losses,
and costs and expenses, including, without limitation, reasonable
legal and accounting fees arising out of or in any way connected with
(a) your access to or use of the Services or (b) your violation of
11. Limitation of Liability. Our aggregate liability under the
agreement is limited to direct damages and won’t exceed the greater of
$50 or the amounts you paid or owe us, unless applicable laws require
something else, in which case you’re entitled to what applicable laws
(a) TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER ANSURED NOR ITS
SERVICE PROVIDERS INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE
SERVICES WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR
CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOST REVENUES,
LOST SAVINGS, LOST BUSINESS OPPORTUNITY, LOSS OF DATA OR GOODWILL,
SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF
SUBSTITUTE SERVICES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH
THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES,
WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE),
PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, EVEN IF WE OR OUR SERVICE
PROVIDERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND
EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF
ITS ESSENTIAL PURPOSE.
(b) TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, OUR AGGREGATE
LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS WILL NOT EXCEED
THE GREATER OF $50 OR THE AMOUNT YOU HAVE PAID OR ARE PAYABLE BY YOU
(c) THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE
FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN ANSURED AND
12. Governing Law and Forum Choice. We try to provide clear rules so
that we can limit or hopefully avoid disputes between you and us. If a
dispute does arise, however, it’s useful to know up front where it can
be resolved and what laws will apply. The Federal Arbitration Act,
federal arbitration law, and the laws of the State of California will
govern all disputes arising out of or relating to these Terms or any
related services, regardless of conflict of laws rules. Except as
otherwise expressly stated in Section 16 “Dispute Resolution,” all
Disputes (as defined below) that you and Foster are not required to
arbitrate will be resolved exclusively in the state and federal courts
located in the County of Los Angeles, CA and you and Foster consent to
jurisdiction and venue in those courts.
13. Dispute Resolution.
(a) Mandatory Arbitration of Disputes. We each agree that any
dispute, claim or controversy arising out of or relating to these
Terms or the breach, termination, enforcement, interpretation or
validity thereof or the use of the Services (collectively, “Disputes”)
will be resolved solely by binding, individual arbitration and not in
a class, representative or consolidated action or proceeding.
Arbitration is more informal than a lawsuit in court. Arbitration uses
a neutral arbitrator instead of a judge or jury, allows for more
limited discovery than in court, and is subject to limited review by
courts. Arbitrators can award the same damages and relief that a court
can award and nothing in this Dispute Resolution Section shall be
interpreted as limiting any non-waivable statutory rights. You and
Ansured each waive the right to a trial by jury or to participate in a
class action. This arbitration provision shall survive termination of
(b) Exceptions. As limited exceptions to Section 16(a) above: (i) we
both may seek to resolve a Dispute in small claims court if it
qualifies; and (ii) we each retain the right to seek injunctive or
other equitable relief from a court to prevent (or enjoin) the
infringement or misappropriation of our intellectual property rights.
(c) Conducting Arbitration and Arbitration Rules. The arbitration
will be conducted by the American Arbitration Association (“AAA”)
under its Consumer Arbitration Rules (the “AAA Rules”) then in effect,
except as modified by these Terms. The AAA Rules are available at
www.adr.org or by calling 1-800-778-7879. A party who wishes to start
arbitration must submit a written Demand for Arbitration to AAA and
give notice to the other party as specified in the AAA Rules. The AAA
provides a form Demand for Arbitration at www.adr.org.
Any arbitration hearings will take place in the county (or parish)
where you live, unless we both agree to a different location. The
parties agree that the arbitrator shall have exclusive authority to
decide all issues relating to the interpretation, applicability,
enforceability and scope of this arbitration agreement.
(d) Arbitration Costs. Payment of all filing, administration and
arbitrator fees will be governed by the AAA Rules, and we won’t seek
to recover the administration and arbitrator fees we are responsible
for paying, unless the arbitrator finds your Dispute frivolous. If we
prevail in arbitration we’ll pay all of our attorneys’ fees and costs
and won’t seek to recover them from you. If you prevail in arbitration
you will be entitled to an award of attorneys’ fees and expenses to
the extent provided under applicable law.
(e) Injunctive and Declaratory Relief. Except as provided in Section
16(b) above, the arbitrator shall determine all issues of liability on
the merits of any claim asserted by either party and may award
declaratory or injunctive relief only in favor of the individual party
seeking relief and only to the extent necessary to provide relief
warranted by that party’s individual claim. To the extent that you or
we prevail on a claim and seek public injunctive relief (that is,
injunctive relief that has the primary purpose and effect of
prohibiting unlawful acts that threaten future injury to the public),
the entitlement to and extent of such relief must be litigated in a
civil court of competent jurisdiction and not in arbitration. The
parties agree that litigation of any issues of public injunctive
relief shall be stayed pending the outcome of the merits of any
individual claims in arbitration.
(f) Class Action Waiver. YOU AND ANSURED AGREE THAT EACH MAY BRING
CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND
NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR
REPRESENTATIVE PROCEEDING. Further, if the parties’ Dispute is
resolved through arbitration, the arbitrator may not consolidate
another person’s claims with your claims, and may not otherwise
preside over any form of a representative or class proceeding. If this
specific provision is found to be unenforceable, then the entirety of
this Dispute Resolution section shall be null and void.
(g) Severability. With the exception of any of the provisions in
Section 16(f) of these Terms (“Class Action Waiver”), if an arbitrator
or court of competent jurisdiction decides that any part of these
Terms is invalid or unenforceable, the other parts of these Terms will
14. General Terms.
(a) Feedback. We appreciate feedback, comments, ideas, proposals and
suggestions for improvements to the Services (“Services Improvement
Suggestions”). If you choose to submit Services Improvement
Suggestions, you agree that we are free to use it, and allow others to
use it, without any restriction or compensation to you.
(b) Reservation of Rights. You acknowledge that Ansured (and its
licensors) own all right, title and interest in and to the Services,
including all associated intellectual property rights.
(c) Entire Agreement. These Terms make up the entire agreement
between you and us regarding your use of the Services and supersede
any prior agreements.
(d) Assignment. You may not assign or transfer these Terms, by
operation of law or otherwise, without Ansured’s prior written
consent. Any attempt by you to assign or transfer these Terms, without
such consent, will be void. Ansured may freely assign or transfer
these Terms without restriction. Subject to the foregoing, these Terms
will bind and insure to the benefit of the parties, their successors
and permitted assignments.
(e) Notices. We can provide you legal notices through email or the
Services. For notices made by email, the date of receipt will be
deemed the date on which such notice is transmitted.
(f) Waiver of Rights. If we do not enforce of provision in these
Terms, it will not be considered a waiver. Except as expressly set
forth in these Terms, the exercise by either party of any of its
remedies under these Terms will be without prejudice to its other
remedies under these Terms or otherwise.
19. Contact Information. If you have any questions about these Terms
or the Services, please contact Ansured at firstname.lastname@example.org