Last Revised: October 4, 2020

These Terms of Use are an agreement between you and Eleora Media LLC, a Utah limited liability company (“we,” “us,” or “our,” as applicable). The following terms and conditions, together with any documents that are expressly incorporated into the following terms and conditions by reference (collectively, these “Terms“), govern your access to and use of this website, including any content and functionality offered on or through swyattyoung.com (this “Website“).

Please read these Terms carefully before you start to use this Website. By using this Website (including by clicking any box indicating your acceptance of these Terms as part of that use), you accept and agree to be bound and to abide by these Terms and our Privacy Policy, incorporated herein by reference. If you do not want to agree to these Terms or our Privacy Policy, don’t access or use this Website.

This Website is offered and available to users who are 18 years of age or older. By using this Website, you represent and warrant that you are at least 18 years of age. If you are not at least 18 years of age, then do not access or use this Website.

Changes to These Terms

We may revise and update these Terms from time to time in our sole discretion. All changes are effective immediately when posted to this Website, and apply to all access and use of this Website thereafter. However, any changes to the dispute resolution provisions, including those set out in the section titled Choice of Law and Venue, will not apply to any disputes for which you or we have actual notice on or before the date on which the change is posted to this Website.

Your continued use of this Website following the posting of revised Terms of Use means that you accept and agree to the changes. You agree to check this page from time to time, but no less frequently than once per month (or as often as you visit this Website, if less than once per month) for changes to these Terms, so that you are aware of any changes to these Terms and can either accept those changes (by continuing to use the Website) or reject those changes (by stopping your use of this Website).

Your Access to This Website

We reserve the right to withdraw or amend this Website, including any service or material we provide on this Website, in our sole discretion without notice. You agree that we will not be liable if for any reason all or any part of this Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or to the entire Website.

You agree that you alone bear responsibility for making any arrangement necessary for you to have access to this Website. You also agree to ensure that all persons who access this Website using your internet connection are aware of these Terms of Use and agree to be bound by and comply with them.

As part of your access to and use of this Website, you may be asked to provide us with certain information, such as when you contact us through this Website. You represent and warrant that all information you provide to us is and will remain correct, current, and complete. You agree that all information you provide to us, or that we otherwise collect, through this Website, including, but not limited to, through the use of forms on this Website, is governed by our Privacy Policy, and you consent to any and all actions we take with respect to your information consistent with our Privacy Policy.

Intellectual Property Rights

This Website and all of its contents, features, and functionality (including without limitation all information, software, text, displays, images, video, and audio, together with the design, selection, and arrangement thereof) are owned either by us or by licensors who have granted us a license to these materials. These materials are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.

Our License to You

These Terms permit you to use this Website for the limited purpose of reading the content posted on this Website. You agree not to reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on this Website, except as follows:

  • Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials;
  • You may store files that are automatically cached by your web browser for the purposes of enhancing  your experience of this Website;
  • You may print one copy of a reasonable number of pages of this Website for your own personal, non-commercial use and not for further reproduction, publication, or distribution; and
  • You may share and post links to pages of this Website through social media platforms or other means, provided that in doing so you do not disparage us or our authors, employees, agents, contractors, affiliates, licensors, suppliers, successors, or assigns, or suggest either that we or they are in any way associated with you or that we or they approve or otherwise endorse you or your post.

You agree not to:

  • Modify copies of any materials from this Website;
  • Use any illustrations, photographs, sequences of audio or video, or any graphics on this Website separately from the accompanying text;
  • Delete or alter any notice of copyright, trademark, or other proprietary rights from copies of materials on this Website; or
  • Access or use for any commercial purposes any part of this Website or any services or materials available through this Website, except for the limited purpose of reading the content posted on this Website.

If you wish to make use of any material on this Website other than what is permitted by this section, please reach out to us to receive permission before doing so.

If you print, copy, modify, download, or otherwise use or provide any other person access to any part of this Website in breach of these Terms, any rights you have under these Terms, including your right to use this Website, will terminate immediately and you must, at our option, return or destroy any copies of any part of this Website you have made. You agree that you have no right, title, or interest in or to this Website or to any content on this Website, and we reserve any rights not expressly granted in these Terms. Any use of this Website not expressly permitted by these Terms is a breach of these Terms and may also violate copyright, trademark, and other laws.

Trademark Rights

Certain terms on this Website, like “Eleora Media” and “S. Wyatt Young,” are intended to serve as trademarks. You agree that we or our authors (as appropriate) own all trademark rights to those terms, and you agree not to use those marks without our prior written permission. Other names, logos, product, and service names, designs, and slogans that might appear on this Website (e.g., “WordPress”) are the trademarks of their respective owners, which we use pursuant to a license.

Prohibited Uses

You may use this Website only for lawful purposes and in accordance with these Terms. You agree not to:

  • Use this Website in any way that violates any applicable federal, state , local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the United States or other countries);
  • Use this Website to engage in any conduct that restricts or inhibits anyone’s use or enjoyment of this Website, or which may, as we determine in our sole and absolute discretion, harm us or the users of this Website, or expose us or them to liability;
  • Use this Website to infringe upon the rights of third parties, including without limitation their intellectual property and other proprietary rights;
  • Use this Website in any manner that could disable, overburden, damage, or impair this Website or interfere with any other party’s use of this Website;
  • Use any device, software, or routine that interferes with the proper working of this Website;
  • Introduce to this Website, to the server on which this Website is stored, or to any server, computer, or database connected to this Website any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful;
  • Gain or attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of this Website, the server on which this Website is stored, or any server, computer, or database connected to this Website;
  • Attack this Website or the server on which this Website is stored, including without limitation through a denial-of-service attack or a distributed denial-of-service attack;
  • Use or attempt to use this Website, the server on which this Website is stored, or any server, computer, or database connected to this Website for the purpose of sending any e-mail to any person other than us; or
  • Otherwise attempt to interfere with the proper functioning of this Website.

If you engage in any of these prohibited uses, we will, and you agree that we may, transmit all identifying information we may have about you to any governmental authority for the purposes of prosecuting you for any criminal liability you may have incurred by engaging in any of these prohibited uses.

You also agree to indemnify us for any liability we may incur because of you engaging in any of the prohibited uses above.

YOU WAIVE AND HOLD HARMLESS US AND ANY PERSON ASSOCIATED WITH US FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY US OR ANY OF THE FOREGOING PARTIES DURING, OR AS A CONSEQUENCE OF, ANY INVESTIGATIONS BY EITHER US OR ANY OF THOSE PARTIES, OR BY ANY GOVERNMENTAL OR LAW ENFORCEMENT AUTHORITY.

Copyright Infringement

We endeavor to avoid infringing on the rights of others in publishing content to this Website, but if you believe that any content on this Website violates your copyrights, please use our contact form to notify us, and we will evaluate your claim.

Changes to This Website

We may update the content on this Website from time to time, but this Website’s content is not necessarily complete or up-to-date. Any of the material on this Website may be out of date at any given time. You agree that we have no obligation to update such material.

Links on This Website

If this Website contains links to other sites and resources provided by third parties, we provide these links solely for convenience or to generate revenue through advertisements. We have no control over the contents of those sites or resources, and you agree that we are not responsible for those sites or resources, or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party sites or resources to which we provide links on this Website, you do so entirely at your own risk and subject to the terms and conditions of use for those sites and resources.

Geographic Restrictions

We are based in the State of Utah in the United States of America. We provide this Website for use only by persons located in the United States and its territories. We make no claims that this Website or any of its contents is accessible outside the United States. Access to this Website may not be legal by certain persons or in certain countries. If you access this Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

Termination of Use

If we determine, in our sole and absolute discretion, that you have engaged in any of the prohibited uses set forth above, or otherwise breached these Terms, we may take, and you agree that we may take, any actions that we deem necessary in our sole and absolute discretion, to terminate your use of this Website, with or without notice to you or to anyone else.

YOU WAIVE AND HOLD HARMLESS US AND ANY PERSON ASSOCIATED WITH US FROM ANY CLAIMS RESULTING FROM THIS TERMINATION.

Disclaimer of Warranties

You understand that we do not and cannot guarantee or warrant that files available for downloading from the internet or this Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for virus protection and the accuracy of data input and output, and for maintaining a means external to this Website for any reconstruction of any lost data.

TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AGREE THAT WE ARE NOT AND WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THIS WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON THIS WEBSITE, OR ANY WEBSITE LINKED TO THIS WEBSITE OR TO WHICH LINKS ARE PROVIDED ON THIS WEBSITE.

YOUR USE OF THIS WEBSITE AND ITS CONTENTS IS AT YOUR OWN RISK. THIS WEBSITE AND ITS CONTENTS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER WE NOR ANY PERSONS ASSOCIATED WITH US MAKE ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THIS WEBSITE.

WITHOUT LIMITING THE FOREGOING, NEITHER WE NOR ANY PERSON ASSOCIATED WITH US REPRESENTS OR WARRANTS THAT THIS WEBSITE OR ITS CONTENTS WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THIS WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THIS WEBSITE WILL OTHERWISE MEET YOUR EXPECTATIONS.

TO THE FULLEST EXTENT PERMITTED BY LAW, WE HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE.

The foregoing does not affect any warranties that cannot be excluded or disclaimed under applicable law.

Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL WE OR ANY PERSONS ASSOCIATED WITH US BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THIS WEBSITE, ANY WEBSITES LINKED TO THIS WEBSITE OR TO WHICH LINKS ARE PROVIDED ON THIS WEBSITE, OR ANY CONTENT ON THIS WEBSITE OR THOSE OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, FROM WHATSOEVER DERIVED, INCLUDING WITHOUT LIMITATION FROM PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE.

The foregoing does not affect any liability that cannot be excluded or limited under applicable law.

Indemnification

You agree to defend, indemnify, and hold harmless us and our affiliates, authors, licensors, and service providers, as well as our respective employees, contractors, agents, licensors, suppliers, successors, and assigns, from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorney fees) arising out of or relating to your violation of these Terms, your use of this Website (including but not limited to any use of the Website’s content other than as expressly authorized in these Terms), or your use of any information obtained from this Website.

Choice of Law and Venue

The laws of the State of Utah (without giving effect to its conflict of laws principles) govern all matters arising under or relating to these Terms and your use of this Website, including torts. You agree to litigate any dispute arising under or relating to these Terms or your use of this Website exclusively in the federal courts of the United States or courts of the State of Utah, in either case located in Salt Lake County, Utah, and you expressly consent to the jurisdiction of those courts, and waive any objection to the venue of any such dispute being in those courts.

Limitation on Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING UNDER OR RELATING TO THESE TERMS OR THIS WEBSITE MUST BE COMMENCED WITHIN ONE YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, THAT CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

Waiver and Severability

No waiver by us of any term or condition set out in these Terms is or may be deemed a further or continuing waiver of that term or condition or a waiver of any other term or condition, and any failure by us to assert a right or provision under these Terms does not constitute a waiver of that right or provision.

If any provision of these Terms is held by a court of competent jurisdiction to be invalid, unenforceable, or otherwise contrary to law, for any reason, it is to that extent omitted, and all other provisions of these Terms remain in full force and effect.

Entire Agreement

These Terms constitute the final, exclusive agreement between you and us on the matters contained in these Terms. All earlier and contemporaneous negotiations and agreements between you and us on the matters contained in these Terms are expressly merged into and superseded by these Terms.

Comments or Concerns

If you have any questions, comments, or concerns about this Website or these Terms, we would love to hear from you. Please feel free to contact us using the contact form we’ve provided.