Terms and Conditions of Service
Established on October 8, 2023
The terms and conditions below (the "Terms of Service") govern your access to and use of websites, products, and services (collectively, the "Site") provided by Heart of Sentience, LLC, a New Mexico limited liability company and RaElBul.com, LLC (collectively, “Ra El Bul”). The Terms of Service constitute a legal agreement between you and Ra El Bul. In this agreement, “we”, “us”, “our” and other similar references mean Ra El Bul and “you” and “your” and other similar references mean a specific user of the Site. All linked information is incorporated into the Terms of Service by reference and hereby made a part of the Terms of Service. You should read the Terms of Service and all linked information.
ACCESSING OR USING THE SITE CONSTITUTES ACCEPTANCE OF THESE TERMS OF SERVICE. YOU MAY NOT ACCESS OR USE THE SITE IF YOU ARE UNWILLING OR UNABLE TO BE BOUND BY THE TERMS OF SERVICE.
Description of Services.
The Site provides a description of Ra El Bul services and products (“Services” and Prod7ucts”) as well as a limited forum on which relevant topics can be discussed at a later date. You may, when such forum becomes available, use the site to both receive and provide information, experiences, and opinions relevant to the Services and Products, or any other matter in which the public at large may have an interest (collectively, the “Service”).
Use of the Site.
Ra El Bul grants you permission to access the Site and all content therein (“Site Content”), except content which is restricted (“Restricted Content”) and contribute to Site Content subject to the restrictions in these Terms of Service.
Changes to the Terms of Service.
Ra El Bul reserves the right to modify the Terms of Service from time to time. Ra El Bul will make the revised versions of the Terms of Service available on this webpage and will indicate the date that revisions were last made. Any such modification will be effective upon our posting of new Terms of Service.
YOU UNDERSTAND AND AGREE THAT YOUR CONTINUED ACCESS TO OR USE OF THE SITE AFTER A POSTED MODIFICATION TO THE TERMS OF SERVICE INDICATES YOUR ACCEPTANCE OF THE MODIFICATION.
You are responsible for regularly reviewing these Terms of Service.
User Accounts.
When such features are enabled, you may create a user account and provide information about yourself (“Personal Information”) to use some of the features on the Site. Ra El Bul will not make your Personal Information publicly available. You are responsible for maintaining the confidentiality of your account password. You are responsible for all activities that occur through use of your account. You agree to notify us immediately of any unauthorized use of your account. Ra El Bul reserves the right to close your account at any time at its discretion.
Permission to Use Your Content.
Ra El Bul may use any permitted content that you submit or transmit to or through the Site (“Your Content”). Your Content will be public information and will not be confidential. You agree to irrevocably grant us permission to use Your Content for any purpose and the Site's users the right to access Your Content in connection with their use of the Site. You irrevocably waive any claims of rights or attribution with respect to Your Content.
Ra El Bul may display advertisements and other sponsored links adjacent to or included with Your Content on the Site. Your Content may appear or be created in entities that are sponsored by our business partners. You are not entitled to any compensation for Your Content in relation to such advertisements and sponsored entities. Ra El Bul reserves the right to modify such advertising and sponsored entities without notice to you.
Responsibility for Your Content.
You are solely responsible for Your Content and compliance with all applicable law in creating Your Content. In placing Your Content on the Site, you assume all risk of reliance on its accuracy, completeness, or usefulness, or any disclosure of information in Your Content that makes you personally identifiable. You represent that you are authorized to use Your Content as described herein. You may not imply that Your Content is in any way sponsored or endorsed by Ra El Bul.
You may expose yourself to liability if Your Content: violates any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; contains material that is false, intentionally misleading, or defamatory; contains material that is unlawful, including illegal hate speech or pornography; exploits or otherwise harms minors; or violates or advocates the violation of any law or regulation.
Restrictions on Use.
You agree that you will not, and will not assist or enable others to:
use the Site in violation of the Terms of Service or any applicable law;
modify, adapt, appropriate, reproduce, distribute, translate, create derivative works or adaptations of, publicly display, sell, trade, or in any way exploit the Site or Site Content (other than Your Content), except as expressly authorized by Ra El Bul;
use the Site to threaten, stalk, defraud, incite, harass, or advocate the harassment of another person, or otherwise interfere with another user's use of the Site;
use the Site for promotional or commercial purposes, except as expressly allowed in writing by Ra El Bul;
use the Site in a manner that may create a conflict of interest;
use the Site for keyword spamming or to otherwise attempt to manipulate natural search results;
use the Site to promote bigotry or discrimination;
use the Site to violate any third-party right, including any breach of confidence, copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right;
use the Site to submit or transmit pornography or illegal content;
use the Site to solicit personal information from minors or to harm or threaten to cause harm to minors;
reverse engineer any portion of the Site;
remove or modify any copyright, trademark or other proprietary rights notice on the Site or on any materials printed or copied off of the Site;
record, process, or mine information about other users;
use any robot, spider, site search/retrieval application, or other automated device, process or means to access, retrieve, scrape, or index the Site or any Site Content;
access, retrieve or index the Site to for purposes of constructing or populating a searchable database of business reviews;
reformat or frame any portion of the Site;
take any action that imposes, or may impose in our sole discretion, an unreasonable or disproportionately large load on Ra El Bul's technology infrastructure; or
attempt to gain unauthorized access to the Site, user accounts, computer systems or networks connected to the Site through hacking, password mining or any other means;
use the Site or any Site Content to transmit any computer viruses, worms, defects, Trojan horses or other items of a destructive nature (collectively, "Viruses");
use any device, software or routine that interferes with the proper working of the Site, or otherwise attempt to interfere with the proper working of the Site;
make excessive traffic demands on the Site;
use the Site to violate the security of any computer network, crack passwords or security encryption codes;
disrupt or interfere with the security of, or otherwise cause harm to, the Site or Site Content;
remove, circumvent, disable, damage or otherwise interfere with any security-related features of the Site, features that prevent or restrict the use or copying of Site Content, or features that enforce limitations on the use of the Site.
Removal of Content.
Ra El Bul may remove or reinstate Your Content from time to time in our sole discretion. Ra El Bul reserves the right, but is not obligated, to remove certain types content, including but not limited to:
1. objectionable content;
2. inaccurate content;
3. inappropriately categorized content;
4. unlawful content;
5. conflicts of interest;
6. second-hand experiences or hearsay;
7. personal attacks, lewdness, hate speech, or other offensive content;
8. irrelevant content; or
9. content otherwise prohibited by the Terms of Service.
Termination.
Ra El Bul may terminate or suspend your account or ability to use the Site, in whole or in part, at our discretion without notice or liability of any kind. Any such termination or suspension could prevent you from accessing the Site, Your Content, or any other related information.
If you close your account, Ra El Bul may continue to display comments and ratings that you have posted to the Site. In the event of any termination, whether by you or us, the Terms of Service will continue in full force and effect, including our right to use Your Content as detailed in Section 5.
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Warranties, Disclaimers, and Limitations of Liability.
SITE AVAILABLE “AS-IS”: THE SITE AND ALL CONTENT, SERVICES, AND PRODUCTS ON THE SITE ARE MADE AVAILABLE TO YOU ON AN "AS IS" BASIS. RA EL BUL MAKES NO WARRANTIES, REPRESENTATIONS, OR CONDITIONS OF ANY KIND, EXPRESS, STATUTORY OR IMPLIED AS TO (1) THE OPERATION AND FUNCTIONALITY OF THE SITE, (2) THE ACCURACY, INTEGRITY, COMPLETENESS, QUALITY, LEGALITY, USEFULNESS, SAFETY, AND INTELLECTUAL PROPERTY RIGHTS OF ANY OF THE SITE CONTENT, INCLUDING BUT NOT LIMITED TO THE ACCURACY OF BUSINESS REVIEWS AND BUSINESS INFORMATION LISTED ON THE SITE, AND (3) THE PRODUCTS AND SERVICES ASSOCIATED WITH THE SITE OR SITE CONTENT, INCLUDING BUT NOT LIMITED TO THE PRODUCTS AND SERVICES SOLD BY BUSINESSES LISTED ON THE SITE. RA EL BUL FURTHER DISCLAIMS ALL WARRANTIES, EXPRESS, STATUTORY, OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABLE QUALITY, DURABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, THAT YOU OBTAIN FROM RA EL BUL OR THE SITE SHALL CREATE ANY WARRANTY, REPRESENTATION, OR CONDITION NOT EXPRESSLY STATED HEREIN.
User-created content: In accessing or using the Site, you may be exposed to user-created content that is offensive, indecent, inaccurate, objectionable, defamatory, or otherwise inappropriate. Ra El Bul does not endorse such content, cannot vouch for its accuracy, and disclaims all responsibility and liability for such content. You therefore access and use the Site at your own risk.
DISCLAIMER OF LIABILITY FOR DAMAGES: IN CONNECTION WITH YOUR USE OF THE SITE AND PURCHASE AND USE OF THE SERVICES AND PRODUCTS, RA EL BUL DISCLAIMS ALL LIABILITY FOR ANY (A) INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, RELIANCE, OR CONSEQUENTIAL DAMAGES, (B) LOSS OF PROFITS, (C) BUSINESS INTERRUPTION, (D) LOSS OF OR DAMAGE TO REPUTATION TO YOU OR ANY THIRD PARTY, OR (E) LOSS OF INFORMATION OR DATA.
DISCLAIMER OF LIABILITY FOR USE: RA EL BUL FURTHER DISCLAIMS ALL LIABILITY FOR ANY LOSS OR DAMAGE ARISING OUT OF YOUR USE OF THE SITE AND SITE CONTENT. YOUR USE OF THE SITE AND SITE CONTENT IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY RESULTING LOSS OR DAMAGE, INCLUDING BUT NOT LIMITED TO ANY LOSS OF DATA OR DAMAGE TO YOUR COMPUTER FROM VIRUSES THAT MAY BE DOWNLOADED TO YOUR COMPUTER IN THE COURSE OF USING THE SITE.
Third Parties.
The Site may include links to other websites (each, a "Third Party Site"). Ra El Bul has not reviewed all of the sites linked on the Site and is not responsible for the contents of any Third Party Site. The inclusion of any link is not an endorsement by Ra El Bul of the Third Party Site. You agree that we are not responsible for the availability, contents, or practices of such Third Party Sites. Use of any such linked web site is at your own risk.
Site Availability.
Ra El Bul reserves the right to modify, update, or discontinue the Site at our sole discretion, at any time, without notice or liability.
Unauthorized Access.
Ra El Bul reserves the right to exercise whatever lawful means we deem necessary to prevent unauthorized access to or use of the Site.
Ownership.
Ra El Bul owns the Site Content, including but not limited to visual interfaces, interactive features, graphics, design, compilation, computer code, products, software, aggregate user review ratings, and all other elements and components of the Site, excluding User Content. Ra El Bul also owns the copyrights, trademarks, service marks, trade names, and other intellectual and proprietary rights throughout the world associated with the Site Content and the Site.
You may not modify, reproduce, distribute, create derivative works or adaptations of, publicly display or in any way exploit any Site Content in whole or in part except as expressly authorized by us. Except as expressly and unambiguously provided herein, Ra El Bul does not grant you any express or implied rights, and all rights in and to the Site and the Site Content are retained by us.
Indemnity.
You agree to indemnify and hold Ra El Bul, its parents, subsidiaries, affiliates, any related companies, suppliers, licensors and partners, and the officers, directors, employees, agents and representatives of each of them harmless, including costs, liabilities and legal fees, from any claim or demand made by any third party due to or arising out of (i) your access to or use of the Site, (ii) your violation of the Terms of Service, or (iii) the infringement by you, or any third party using your account, of any intellectual property or other right of any person or entity. Ra El Bul reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of Ra El Bul. Ra El Bul will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
Marks.
The trademarks, logos and service marks ("Marks") displayed on the Site are the property of Ra El Bul and other parties, except where otherwise expressly indicated. You are prohibited from using any Marks for any purpose. All information and content available on or through the Site is protected by copyright. You are prohibited from modifying, copying, distributing, transmitting, displaying, publishing, selling, licensing, creating derivative works or using any Content available on or through the Site for commercial or public purposes.
Copyright and Trademark Dispute Policy.
Ra El Bul may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who may be infringing the intellectual property of a third party. Such users agree to indemnify Ra El Bul as enumerated in Section 16.
If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide Ra El Bul the following information:
(i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
(ii) a description of the copyrighted work or other intellectual property that you claim has been infringed;
(iii) a description of where the material that you claim is infringing is located on the Site;
(iv) your address, telephone number, and email address;
(v) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
(vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
Ra El Bul’s agent for notice of claims of copyright or other intellectual property infringement can be reached as follows:
By mail:
COMPANY MANAGER OR IP COUNSEL
EXEMPLAR LAW, LLC
10 Post Office Square,
Boston, MA 02109
By email: rise@exemplarcompanies.com
Ra El Bul may update this contact information from time to time.
Privacy Policy
Ra El Bul is committed to protecting your privacy. Ra El Bul has developed a Privacy Policy in order for you to understand how we collect, use, communicate and disclose and make use of personal information and data of your activities on the Site. The Ra El Bul Privacy Policy is available HERE and is incorporated in the Terms of Service by reference.
Governing Law; Dispute Resolution
Any claim relating to Ra El Bul activities shall be governed by the laws of the State of California without regard to its conflict of law provisions. You agree to be bound by California law in the event of a conflict between you and Ra El Bul. You agree that Ra El Bul, at its sole discretion, may require you to submit any disputes arising from the use of this Site, or these Terms and Conditions to final and binding arbitration under the International Rules of Arbitration of the American Arbitration Association, by one or more arbitrators appointed in accordance with the said Rules. Notwithstanding these rules, however, such proceeding shall be governed by the laws of California.
Relationship Between You and RA EL BUL
No agency, partnership, joint venture, or employment is created as a result of the Terms of Service, and you do not have any authority of any kind to bind Ra El Bul.
Third Party Rights
Nothing herein is intended, nor will be deemed, to confer rights or remedies upon any third party.
Complete Agreement
The Terms of Service contain the entire agreement between you and Ra El Bul regarding the use of the Site, and supersede all prior agreements and representations between you and us on such subject matter. The parties acknowledge that no reliance is placed on any representation made but not expressly contained in these Terms of Service.
Waiver
Any failure on our part to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.
Enforceable to Full Extent of the Law
If any provision of the Terms of Service is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that the Terms of Service shall otherwise remain in full force and effect and enforceable.
Headings
Headings are for reference purposes only and are not part of the Terms of Service. Headings do not limit the scope or extent of such section and have no legal or contractual effect.
Transfer of Agreement
The Terms of Service are not assignable, transferable or sublicensable by you, and any assignment of the Terms of Service by you shall be void. Ra El Bul may assign or transfer the Terms of Service by without restriction.
Contact and Violations.
Please contact us with any questions regarding the Terms of Service. Please report any violations of the Terms of Service. Ra El Bul can be contacted at bulldragon909@gmail.com.