TERMS OF USE

Effective as of: July 17, 2022

This website, DontStrainYourself.com (the “Site”), is the property of Gotta Story Media (“GSM”). Please read these terms of use (“Terms”) before using this Site. It’s not complicated, but by using the Site, you agree to these Terms. First, you have to be 18 years of age or older to use the Site. If you’re under 18, really, why are you here?

Copyright

Copyright covers most of the content on the Site such as the text, graphics, images, photographs, video and audio files, other files, and data (collectively, the “Content”) and that of our external content sources. © 2022 Gotta Story Media. All Rights Reserved.

Trademarks

The name Don’t Strain Yourself and all of the other trademarks and logos used on the are the property of GSM or other companies with whom we have relationships.

Privacy

By using cookies, this Site automatically recognizes the user’s IP address and collects information on which pages are visited and other aggregate information. We also use Google Analytics and Squarespace.com analytics tools. Static IP addresses are considered personal information. For mobile users accessing the Site, we automatically collect your Unique Device Identifier which is also considered personal information. However, the user cannot be recognized as a specific individual simply from a Static IP address or UDI. If you choose to contact us via the Site, users may elect to voluntarily share their personally identifiable information with GSM. For more information regarding GSM's privacy policy, please visit our privacy policy.

Third-Party Links

The Site provides links to websites and other content of third parties for related information about the Site. When using these external websites, these Terms do not apply so you should review that website’s terms and policies.

No Warranties

Here’s the legalese the lawyers made us include:

THIS SITE, AND THE CONTENT AND MATERIAL CONTAINED THEREIN, ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. YOU EXPRESSLY AGREE THAT USE OF THIS SITE, INCLUDING ALL CONTENT OR DATA DISTRIBUTED BY, DOWNLOADED OR ACCESSED FROM OR THROUGH THIS SITE, IS AT YOUR SOLE RISK. EXCEPT AS EXPRESSLY PROVIDED IN THE SITE, WE DISCLAIM ALL WARRANTIES INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT RELATED TO THE INFORMATION ON THE SITE. WE DO NOT REPRESENT OR WARRANT THAT MATERIALS IN THIS SITE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE OR UNINTERRUPTED. WE DO NOT PROMISE THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SITE WILL PROVIDE SPECIFIC RESULTS. SOME STATES DO NOT ALLOW LIMITATIONS OR EXCLUSIONS ON WARRANTIES, SO THE LIMITATIONS ABOVE MAY NOT APPLY TO CERTAIN USERS. IN ANY SUCH JURISDICTION, THE ABOVE EXCLUSIONS AND LIMITATIONS SHALL INSTEAD BE IMPUTED AS REWRITTEN SO AS TO APPROXIMATE THE ABOVE EXCLUSIONS AND LIMITATIONS TO THE FULLEST EXTENT PERMISSIBLE BY THE LAWS OF SUCH JURISDICTION.

WE ARE NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO THE CONTENT OR MATERIAL, INCLUDING ANY SUCH ERRORS OR OMISSIONS RELATING TO PROMOTIONS, OFFERS, OR SALES ON THE SITE. WHILE WE ATTEMPT TO ENSURE THAT YOUR ACCESS AND USE OF THE SITE IS SAFE, WE CANNOT AND DO NOT REPRESENT OR WARRANT THAT THIS SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ALL USERS ACCESSING THIS SITE FROM OUTSIDE THE UNITED STATES OF AMERICA ASSUME FULL RESPONSIBILITY FOR COMPLIANCE WITH LOCAL LAWS, IF APPLICABLE.

And since we pay attornies by the hour, here's more they said we needed to include:

Limitation of Liability

IN NO EVENT SHALL THE SITE, GSM, OR ITS PARENT, MEMBERS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, SUCCESSORS OR ASSIGNS (“THE RELEASED PARTIES”), BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, ARISING FROM YOUR USE OF THE SITE, EVEN IF THE RELEASED PARTIES HAVE BEEN EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED ELSEWHERE IN THESE TERMS, THE RELEASED PARTIES’ LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO GSM FOR ACCESS TO AND USE OF THE SITE.  

ARBITRATION

Except to the extent pre-empted by federal or other applicable state law, the Terms shall be governed by the laws of the State of California, without giving effect to any conflict of law provisions thereof. Users agree that all claims, disputes or controversies shall be resolved by final and binding arbitration in the County of Los Angeles, State of California. You and GSM are agreeing to forego any rights to litigate claims in a court or before a jury or to participate in a class action or representative action with respect to a claim. Other rights that you would have if you went to court, such as access to discovery, may also be unavailable or may be limited in arbitration. This arbitration contract is made pursuant to a transaction in interstate commerce and its interpretation, application, enforcement and proceedings hereunder shall be governed by the federal arbitration act (“FAA”), and conducted by Judicial Arbitration and Mediation Services, Inc. (“JAMS”), in accordance with the JAMS comprehensive arbitration rules. The tribunal will consist of one arbitrator. The prevailing party shall be entitled to an award of its reasonable attorneys’ fees and actual costs incurred in such action. The arbitrator shall be bound to apply the Terms of Use and the arbitrator’s decision will be final, binding, and enforceable in a court of competent jurisdiction. Neither user nor GSM shall be entitled to join or consolidate claims in arbitration by or against other consumers or arbitrate any claim as a representative or member of a class.   

Further, in any such dispute, under no circumstances will users be permitted to obtain awards for, and they hereby waive all rights to claim, punitive, incidental or consequential damages (including reasonable attorneys' fees and costs), other than actual out-of-pocket expenses, and they further waive all rights to have damages multiplied or increased. You agree that the only damages to which you will be entitled shall be your actual damages associated with the Terms, subject to the limitations as set forth in Limitation of Liability above.

You may opt-out of the arbitration provision contained in this agreement. You acknowledge and understand that this opt-out provision is only effective in the event you notify GSM in writing at philip@gottastory.com within 30 calendar days from the date of first use of the Site.

Miscellaneous

If any of the provisions of these Terms are held by a court or other tribunal of competent jurisdiction to be void or unenforceable, such provisions shall be limited to the minimum extent necessary and replaced with a valid provision that best embodies these Terms.