Effective Date: March 1, 2016
Please read this Agreement carefully before accessing OR USING the Website AND ALL OF ITS ACCOMPANYING PAGES (collectively “THE WEBSITE”). By accessiNG AND USING the Website, Visitors AND USERS agree to be bound by the terms and conditions set forth in this Agreement.
If YOU do not wish to be bound by this Agreement, YOU are not authorized to use this Website.
The Company reserves the right to modify this Agreement at any time, and you agree to review the Agreement periodically to be aware of such modifications. Your continued use of the Website shall be deemed to be your conclusive acceptance of any modified Agreement.
1. THIS WEBSITE IS FOR INFORMATIONAL PURPOSES ONLY AND DOES NOT PROVIDE MEDICAL ADVICE.
The Website and Services offer health, fitness and nutrition related information, but are designed for educational and informational purposes only.
Your access or use of the WEBSITE and the Services does not create in any way a physician/patient, confidential, or privileged relationship, or any other relationship that would give rise to any duties on our part or the part of our Licensors, PARTNERS, or contributors.
YOU SHOULD NOT RELY ON THIS INFORMATION AS A SUBSTITUTE FOR, NOR DOES IT REPLACE, PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS OR TREATMENT. IF YOU HAVE ANY CONCERNS OR QUESTIONS ABOUT YOUR HEALTH OR THE CONTENT ON THE WEBSITE OR SERVICES, YOU SHOULD ALWAYS CONSULT WITH A PHYSICIAN OR OTHER HEALTH-CARE PROFESSIONAL. DO NOT DISREGARD, AVOID OR DELAY OBTAINING MEDICAL OR HEALTH RELATED ADVICE FROM YOUR HEALTH-CARE PROFESSIONAL BECAUSE OF SOMETHING YOU MAY HAVE READ ON THE WEBSITE OR THROUGH THE SERVICES.
THE USE OF ANY INFORMATION PROVIDED ON THIS WEBSITE OR THROUGH THE SERVICES IS SOLELY AT YOUR OWN RISK.
If you rely on any of the information provided by this WEBSITE or the Services, our employees, or guests or visitors to the WEBSITE, you do so solely at your own risk.
You acknowledge and agree that you will consult with your physician if you have any questions or wish to seek advice regarding a medical condition, your diet, nutritional supplements, an exercise regimen or any other matter related to your health or general well-being. The Company cannot and does not assess, verify or guarantee the adequacy, accuracy or completeness of any material or the suitability or safety of any product provided on this website. You bear sole responsibility for your own health and diet research and decisions and those decisions should be made by you with your own doctor or physician who has a complete understanding of your medical conditions and history.
Nothing stated or posted on the Website or available through any Service is intended to be, and must not be taken to be, the practice of medicine or counseling care. For the purposes of this agreement, the practice of medicine and counseling includes, without limitation, psychiatry, psychology, psychotherapy, the practice of pharmacy, nutrition and fitness counseling or providing health care treatment, instructions, diagnosis, prognosis or advice, among all other medical, physical, or mental treatment or counseling. Developments in medical research may impact the health, fitness and nutritional topics discussed on the Website or through the Services and no assurance can be given that the information contained in the Website or the Services will always include the most recent findings or developments with respect to the particular material.
We do not recommend or endorse any specific tests, physicians, clinics, procedures, opinions, products or other information that may appear on the Website or Services.
2. Creating an Account
Full use of the Company’s Service may require that you create an account by providing us with a valid email address and strong password. You are responsible for all activity that occurs in association with your account. The Company is not liable for any loss or damages caused by your failure to maintain the confidentiality of your account credentials.
We may need to contact you about your use of the Company’s Service. These communications are part of the Company’s Service and you may opt-out from receiving particular communications by visiting your account settings or emailing email@example.com. You can manage and opt-out from receiving other communications and keep your email address up-to-date from your account settings.
If any of the Website or Services require you to open an account, you must complete the registration process by providing the Company with current, complete and accurate information, as prompted by the applicable registration form. You acknowledge that by providing any information to the Company which is untrue, inaccurate, not current or incomplete, the Company reserves the right to terminate your access and use of the Website and/or the Services.
As part of the registration process, you may be asked to select a username and password. You are entirely responsible for maintaining the security and confidentiality of your account and password.
FURTHERMORE, YOU ARE ENTIRELY RESPONSIBLE FOR ANY AND ALL ACTIVITIES AND CONDUCT, WHETHER BY YOU OR ANYONE ELSE, THAT ARE CONDUCTED THROUGH YOUR ACCOUNT.
You agree to notify the Company immediately of any unauthorized use of your account or any other breach of security. The Company will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. You may be held liable for any losses incurred by the Company due to someone else using your account or password.
3. USER OBLIGATIONS.
You agree to abide by all applicable local, state, national, and international laws and regulations, including U.S. export and re-export control and economic sanction laws and regulations, with respect to your use of the Website and Services. You also acknowledge and agree that your use of the Internet and access to the Website is solely at your own risk. You should also understand that the confidentiality of any communication or material transmitted to/from a Website over the Internet or other form of global communication network cannot be guaranteed. Accordingly, the Company is not responsible for the security of any information transmitted to or from the Website.
4. You Agree to Receive Alerts And Notifications.
As part of your use of the Company’s Service, you may receive notifications, text messages, alerts, or emails. You agree to the receipt of these communications. You can control receipt of non-service related communications from your account settings or by contacting the Company at firstname.lastname@example.org. You are responsible for any messaging or data fees you may be charged by your wireless carrier.
5. LICENSE GRANT.
These Terms provide to you a personal, revocable, limited, non-exclusive, royalty-free, non-transferable license to use the Website conditioned on your continued compliance with these Terms. You may print and download materials and information from the Website solely for your personal use, provided that all hard copies contain all copyright and other applicable notices contained in such materials and information.
6. PROHIBITED ACTIVITIES.
The Company’s Website and the Services are not intended for children under the age of 18 and children under 18 should not use the Website or the Services. You acknowledge and agree that the Website and Services contain proprietary and confidential information that is protected by applicable intellectual property and other laws, and are the sole property of the Company, its Licensors, and our content providers.
Unless otherwise specified in writing, the Services are for your personal and non-commercial use.
You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the Company’s Content, Service or any portion thereof, except as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by the Company or its licensors, except for the licenses and rights expressly granted in these Terms.
In connection with your use of the Website and/or the Services, you acknowledge and agree that YOU WILL NOT:
- Copy, reverse engineer, reverse assemble, otherwise attempt to discover the source code, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information, software, products or services obtained through the Website or the Services;
- Access the Website or Services by any means other than through the standard industry-accepted or the Company-provided interfaces;
- Post or transmit any material that contains a virus or corrupted data;
- Delete any author attributions, legal notices or proprietary designations or labels;
- Violate any applicable local, state, national or international law, rule or regulation or use the Website and/or the Services for any purpose that is prohibited by these Terms;
- Manipulate or otherwise display the Website and/or the Services by using framing or similar navigational technology;
- Register, subscribe or unsubscribe any party for any of the Company’s products or services if you are not expressly authorized by such party to do so;
- Use the Website or the Services in any manner that could damage, disable, overburden or impair the Company’s servers or networks, or interfere with any other users’ use and enjoyment of the Website and/or the Services;
- Gain or attempt to gain unauthorized access to any of the Website, Services, accounts, computer systems or networks connected to the Company through hacking, password mining or any other means;
- Obtain or attempt to obtain any materials or information through any means not intentionally made available through the Website or the Services or harvest or otherwise collect information about other users without their consent;
- Use the Website in any manner that could damage, disparage, or otherwise negatively impact the Company.
- In addition, you agree to comply with our Commenting & Posting Guidelines listed specifically below.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, COPYING OR REPRODUCING ANY SERVICES, PROGRAMS, PRODUCTS, INFORMATION OR MATERIALS PROVIDED BY The Company TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED.
7. Our Enforcement Rights
We are not obligated to monitor access or use of the Company’s Service, Content, or Your Content or to review or edit any of our Content or Your Content, but we have the right to do so for the purpose of operating the our Service, to ensure compliance with these Terms, and to comply with applicable law or other legal requirements.
We may consult with and disclose unlawful conduct to law enforcement authorities; and pursuant to valid legal process, we may cooperate with law enforcement authorities to prosecute users who violate the law.
We reserve the right (but are not required) to remove or disable access to the Company’s Service, any of our Content, or Your Content at any time and without notice, and at our sole discretion, if we determine that our Content, Your Content, or your use of our Service is objectionable or in violation of these Terms. We have the right to investigate violations of these Terms and any conduct that affects the Company’s Service.
8. COMMENTING AND POSTING GUIDELINES.
The Company may host message boards, chats and other public forums on its Website and through the Services. Message boards, chats and other public forums are intended to serve as discussion centers for users and subscribers of the Website. These are public forums and any information that you post on the Website or through the Services may be seen by anyone on the Internet. Any user may or may not have the ability to edit or delete their own posts after posting.
When posting information on the Website or through the Services, use good taste when discussing sensitive topics. Both users and moderators are required to treat others with respect and honesty. Be fair and informative. Post honest and valuable information and don’t post rumors or negative opinions that are not supported by facts. Unless the information in your post arises directly from your personal experience, references to any health-related or medical information you provide must be included in your post.
In addition to the prohibited activities described above, when posting information and media on the Website or through the Services YOU WILL NOT:
- Post anything that interferes with or disrupts the Website or the operation thereof, including files that contain malicious code, viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer, network or the Website;
- Post statements or materials that are libelous or defame, harass, abuse, stalk, threaten, intimidate or in any way infringe on the rights of others;
- Post statements or materials that violate other contractual or fiduciary rights, duties or agreements;
- Post or upload personal information, pictures, videos or any other media of another person without their express permission;
- Delete or revise any material posted by any other person or entity;
- Post statements or materials that are bigoted, hateful, racially offensive, vulgar, obscene, pornographic, profane, or otherwise objectionable, including language or images that typically would not be considered socially or professionally responsible or appropriate in person;
- Post statements or materials that encourage criminal conduct or that would give rise to civil liability or otherwise violate any law or regulation in any jurisdiction;
- Post statements or materials that in any way harm minors;
- Post statements or materials that impersonate any other person or entity, whether actual or fictitious, including, without limitation, employees and representatives of the Company;
- Post statements or materials that misrepresent your affiliation with any entity and/or the Company;
- Post anything that violates the privacy or publicity rights of any other person, including, without limitation, posting any personal identifying information of another individual, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers, credit card numbers or any trade secrets or information for which you have any obligation of confidentiality;
- Post statements or materials that constitute junk mail, spam or unauthorized advertising or promotional materials, including, without limitation, links to commercial products or services or any political campaigning;
- Post material that in the sole judgment of the Company is objectionable or restricts or inhibits any person or entity from using or enjoying any interactive features or other portions of the Website, or which may expose the Company or its users to harm or liability of any nature;
- Post material that infringes, or that may infringe, any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party, or that you otherwise do not have the right to make available, without the express permission of the owner of the copyright, trademark or other proprietary right. The Company does not have any express burden of responsibility to provide any user with indications, markings or anything else that may aid any user in determining whether the material in question is copyrighted or trademarked. Users shall be solely liable for any damage resulting for infringements of copyrights, trademarks, proprietary rights or any other harm resulting from such submission.
Any user failing to comply with these guidelines may be expelled from and refused continued access to the message boards, chats or other public forums in the future.
The Company or its designated agents may remove or alter any user-created content at any time for any reason.
Materials posted and/or uploaded to the various public forums may be subject to size and usage limitations. You are responsible for adhering to such limitations.
The Company expressly disclaims all responsibility and endorsement and make no representation as to the validity of any opinion, advice, information or statement made or displayed in these forums by third parties, nor are we responsible for any errors or omissions in such postings, or for hyperlinks embedded in any messages. Under no circumstances will the Company or our affiliates, suppliers or agents be liable for any loss or damage caused by your reliance on information obtained through these forums. The opinions expressed in these forums are solely the opinions of the participants, and do not reflect the opinions of the Company or affiliates.
The Company has no obligation whatsoever to monitor any of the content or postings on the message boards, chat rooms or other public forums. However, you acknowledge and agree that we reserve the right to monitor the same at our sole discretion. The Company employees DO NOT typically moderate comments and postings on a daily basis. Our moderators reserve the right to alter, edit, refuse to post or remove any postings or content, in whole or in part, for any reason and to disclose such materials and the circumstances surrounding their transmission to any third party in order to satisfy any applicable law, regulation, legal process or governmental request and to protect ourselves, our clients, sponsors, users and visitors.
Unless otherwise stated, moderators are not medical professionals and should not be construed as such. In addition, the Company and the Company’s moderators reserve the right to contact users to inform them of policies, hide users’ posts or delete users’ accounts without warning or notice in advance, for any reason, including but not limited to the violation of these Terms.
By sending or transmitting to us content, images, video, audio files, creative suggestions, ideas, notes, concepts, information or other materials (collectively, “Submission Materials”), or by posting such Submission Materials on the Website, you hereby grant to us and our designees a worldwide, non-exclusive, sub-licenseable, assignable, royalty-free, perpetual, irrevocable right to use, reproduce, distribute, modify, create derivative works of, publicly perform, publicly display, digitally perform, sell, offer for sale and import such Submission Materials in any media now known or hereafter devised, for any purpose whatsoever, commercial or otherwise, without compensation to you.The foregoing license to the Company shall be fully-paid and royalty-free. You represent and warrant that any person or entity named or pictured in such Submission Material has provided any necessary licenses, rights or authorizations to allow the Company’s use of such Submission Materials in accordance with such license. None of the Submission Materials disclosed or posted via message boards, chats or other public forums shall be subject to any obligation, whether of confidentiality, attribution or otherwise.
9. COMMERCIAL TRANSACTIONS.
Certain products or services may be offered for sale on the Website or through our Services. In the event you wish to purchase or to subscribe for any of these products or services, you will be asked by the Company or an authorized third party to supply certain information, including without limitation, your full name, address, telephone number and credit card information.
You agree to provide us or such third party with the foregoing information as well as any other mandatory information. You agree that any such information provided shall be accurate, complete and current. You agree to comply with the terms and conditions of any agreement that you may enter into governing your purchase of the product or service.
You shall be responsible for all charges incurred through your account as well as for paying any applicable taxes. By providing the Company with your credit card number and associated payment information, you agree that the Company and/or our third party service providers are authorized to immediately invoice your account for all fees and charges due and payable to us as a result of your order, including but not limited to service fees, subscription fees or any other fee or charge associated with your access to the Services and/or purchase of products.
In the event that access to an applicable Service requires a recurring payment, you agree that we (or our third party payment service provider) may automatically invoice your account at the beginning of each recurring period.
We reserve the right to increase charges and fees, or to institute new charges or fees at any time, upon reasonable advance notice communicated to you through a posting on the applicable Website or such other means as we may deem appropriate from time to time (specifically electronic mail or conventional mail).
You agree to immediately notify the Company of any change in your billing address or the credit card used for payment hereunder. Your right to use a paid service or a specific product is conditional upon our receipt of payment.
If payment cannot be charged to your credit card or if a charge is refunded for any reason, including chargeback, we reserve the right to either suspend or terminate your access and account. You agree that in the event we are unable to collect the fees you owe us for the products or services specified in your order, we may take any other steps we deem necessary to collect such fees from you, and that you will be responsible for all costs and expenses incurred by us in connection with such collection activity, including collection fees, interest, court costs and attorneys’ fees.
To review the billing terms on your account or to terminate a subscription service, you may email email@example.com.
10. ADDITIONAL POLICIES APPLY TO COMMERCIAL TRANSACTIONS.
The Company’s Terms of Sale and Return Policy and Warranties may apply to purchases or products or services made through the Website. All orders placed are subject to the Company’s acceptance. We may accept, decline, or place limits on your order for any reason.
11. THIRD PARTY CONTENT.
We take no responsibility for your exposure to third party content on the WEBSITE or the Services.
Any opinions, advice, statements, services, advertisements, offers or other information or content expressed or made available through the WEBSITE by third parties, including information providers, are those of the respective authors or distributors and not The Company.
Neither the Company nor any third-party content providers guarantee the accuracy, completeness or usefulness of any content. Furthermore, the Company does not endorse and is not responsible for the accuracy and reliability of any opinion, advice or statement made on any of the Website or Services by anyone other than an authorized representative while acting in his/her official capacity. You may be exposed through the Website or Services to content that violates our policies, is sexually explicit, or is otherwise offensive. You access the Website and Services at your own risk.
The Company does not assume, and expressly disclaims, any obligation to obtain and include any information other than that provided to it by its third party sources. It should be understood that we do not advocate the use of any product or procedure described in the Website or through the Services, nor are we responsible for misuse of a product or procedure due to typographical error.
12. LINKING TO OUR WEBSITE.
We reserve the right to disallow you to link to our Website at any time in our sole discretion. If we exercise such right, you agree to immediately remove and disable any and all of your links to the Website.
In the absence of a written agreement with us specifying how you may link to the Website, use the following guidelines for adding one or more links to the Website from your website:
- The link must be a text-only link that clearly includes the URL of the applicable Website;
- If the link points to any page on a Website other than the home page, the text link must also include the title of the target landing page;
- The appearance, position and other aspects of the link may not be such as to damage or dilute the goodwill associated with our good name and trademarks;
- The appearance, position and other aspects of the link may not create the false impression that an entity is associated with, sponsored by, or endorsed by us;
- The link, when activated by a user, must display the Website full-screen and not within a “frame” on the linking website and linking may not trigger any interstitial or pop-up or pop-under windows; and
- The link may not be used in connection with or appear on a website that a reasonable person might consider offensive, obscene, defamatory or otherwise malicious.
13. DISCLAIMER REGARDING LINKED THIRD PARTY WEBSITES.
We reserve the right to change, modify, add or remove portions of this Policy at any time and without prior notice, and any changes will become effective immediately upon being posted unless we advise you otherwise. Your continued use of the Website or Services after this Policy has been amended shall be deemed to be your continued acceptance of the terms and conditions of the Policy, as amended. We encourage you to bookmark this Web page and review this Policy regularly.
14. DEALINGS WITH THIRD PARTIES.
Your participation, correspondence or business dealings with any third party found on or through our Website and Services, including, without limitation, advertisers and other users, regarding payment and delivery of specific goods and services, and any other terms, conditions, representations or warranties associated with such dealings, are solely between you and such third party. You agree that the Company shall not be responsible or liable for any loss, damage, or other matters of any sort incurred as the result of such dealings.
15. SWEEPSTAKES, CONTESTS AND GAMES.
If the Company conducts a sweepstake, contest, or game on the Website, the rules governing any of the foregoing shall be accessible through a hypertext link prominently displayed on the page where the sweepstake, contest or game may be located. By entering or participating in any of them, you agree to be subject to those rules, regulations and procedures.
Please remember to read the rules carefully before participating.
16. Feedback And Submissions Policy.
If you submit comments, ideas, or feedback to us, you agree that we can use them without any restriction or compensation to you. We do not waive any rights to use similar or related ideas or feedback previously known to us, developed by the Company, or obtained from sources other than you.
18. DISCLAIMER OF WARRANTIES.
THE WEBSITE AND THE SERVICES, AND ANY CONTENT, TOOLS, PRODUCTS OR SERVICES DISPLAYED, ACCESSED OR OBTAINED ON OR THROUGH THE WEBSITE AND SERVICES ARE PROVIDED “AS IS”, “AS AVAILABLE”, AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE COMPANY, ITS AFFILIATES, SUPPLIERS, AND AGENTS DO NOT WARRANT AND EXPRESSLY DISCLAIM THAT: (i) YOUR USE OF THE WEBSITE AND/OR SERVICES AND ACCESS TO AND USE OF ALL OF THE TOOLS AND FEATURES THEREON WILL BE UNINTERRUPTED, ERROR-FREE OR SECURE; (ii) THAT ANY INFORMATION OBTAINED THEREIN IS ACCURATE, RELIABLE OR COMPLETE; (iii) THAT DEFECTS WILL BE CORRECTED; OR (iv) THAT ANY SOFTWARE, SERVICES, WEBSITE OR SERVER(S) ON WHICH THE WEBSITE OR SERVICES ARE HOSTED ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF THE WEBSITE AND THE SERVICES AND ANY INFORMATION OR MATERIALS PROVIDED ON OR THROUGH THE WEBSITE AND SERVICES ARE ENTIRELY AT YOUR OWN RISK. WE MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE PRODUCTS OR SERVICES SOLD OR ADVERTISED HEREIN OR ABOUT THE SATISFACTION OF GOVERNMENT REGULATIONS REQUIRING DISCLOSURE OF INFORMATION ON PRESCRIPTION DRUG PRODUCTS WITH REGARD TO THE CONTENT CONTAINED ON THE WEBSITE OR THROUGH THE SERVICES. WE MAKE NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO ANY TREATMENT, ACTION OR APPLICATION OF MEDICINE, MEDICATION OR THE INFORMATION OFFERED OR PROVIDED WITHIN OR THROUGH THE WEBSITE OR THE SERVICES.
19. LIMITATION OF LIABILITY.
NEITHER THE COMPANY NOR ITS EMPLOYEES, CONTRACTORS, AFFILIATES, AGENTS OR SPONSORS ARE RESPONSIBLE OR LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS OR INJURY OR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO (i) THE USE OF OR INABILITY TO USE THE WEBSITE AND/OR THE SERVICES; (ii) ANY CONTENT CONTAINED ON THE WEBSITE AND/OR THE SERVICES; (iii) STATEMENTS OR CONDUCT POSTED OR MADE PUBLICLY AVAILABLE ON THE WEBSITE AND/OR THE SERVICES; (iv) ANY PRODUCT OR SERVICE PURCHASED OR OBTAINED THROUGH THE WEBSITE AND/OR SERVICES; (v) ANY ACTION TAKEN IN RESPONSE TO OR AS A RESULT OF ANY INFORMATION AVAILABLE ON THE WEBSITE AND/OR SERVICES; (vi) ANY DAMAGE CAUSED BY LOSS OF ACCESS TO, DELETION OF, FAILURE TO STORE, FAILURE TO BACK UP, OR ALTERATION OF ANY CONTENT ON THE WEBSITE AND/OR SERVICES; OR (vii) ANY OTHER MATTER RELATING TO THE WEBSITE AND/OR THE SERVICES. IN NO EVENT SHALL THE TOTAL LIABILITY OF THE COMPANY TO YOU FOR ANY AND ALL DAMAGES, LOSSES, AND CAUSES OF ACTION EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR USING ANY OF THE WEBSITE AND/OR SERVICES.
20. NON-WAIVER OR NON-LIMITATION JURISDICTIONS.
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent that we may not, as a matter of applicable law, disclaim any implied warranty or limit liabilities, the scope and duration of such warranty and the extent of our liability will be the minimum permitted under such applicable law.
You agree to indemnify, defend and hold the Company and its affiliates, agents, co-branders or other partners, employees and representatives harmless from and against any and all claims, damages, losses, costs or expenses (including reasonable attorneys’ fees and disbursements) which arise directly or indirectly out of or from (i) your breach of these Terms; (ii) any allegation that any Submission Materials infringe or otherwise violate the copyright, trade secret, trademark or other intellectual property rights of a third party; and (iii) your access or use of the Website or the Services.
22. COPYRIGHT POLICY.
The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under the U.S. copyright law. If you believe in good faith that materials hosted by the Company infringe your copyright, you or your agent may send to the Company a notice requesting that the material be removed or access to it be blocked. Any notification by a copyright owner or a person authorized to act on its behalf that fails to comply with requirements of the DMCA shall not be considered sufficient notice and shall not be deemed to confer upon the Company actual knowledge of facts or circumstances from which infringing material or acts are evident. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send to the Company a counter-notice. All notices and counter notices must meet the then current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright for details.
If you believe that your work has been copied in a way that constitutes copyright infringement, please provide our Copyright Agent the following information:
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- Identification of the copyrighted work that you claim has been infringed;
- Identification of where the material that you claim is infringing is located on the Website or Service reasonably sufficient to permit us to locate the material;
- Information reasonably sufficient to permit us to contact you, such as your address, telephone number and, if available, your email address;
- 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
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
The Company’s Copyright Agent for notice of claims of copyright infringement or counter notices can be reached as follows: Designated Agent: L. Christopher Lomax; Address of Agent: 622 Duling Avenue, Jackson, Mississippi 39216; Telephone: (601) 942-1500; E-mail for notice: firstname.lastname@example.org.
We suggest that you consult your legal advisor before filing a notice or counter-notice. Also, be aware that there can be penalties for false claims under the DMCA.
23. JURISDICTIONAL ISSUES.
The Company makes no representation or warranty that the content and materials on the Website or the Services are appropriate or available for use in locations outside the United States. Those who choose to access the Website or use the Services from other locations do so on their own initiative and at their own risk, and are responsible for compliance with local laws, if and to the extent applicable. The Company reserves the right, at any time in our sole discretion, to limit the availability and accessibility of the Website or the Services to any person, geographic area or jurisdiction we so desire, and to limit the quantities of any such service or products that we provide.
24. TERMINATION OF USE.
You agree that the Company, in its sole discretion, may terminate your password, account (in whole or in part) or use of the Website or Services at any time and for any reason. You agree that any actions taken under this Section may be effective without prior notice to you. Upon any such termination, we may delete Your Content and other information related to your account.
You may cancel your account at any time by contacting Customer Support at email@example.com.
Upon any termination, discontinuation or cancellation of the Company’s Service or your account, the following provisions of these Terms will survive: Posting Your Content On the Company’s Service; The Company’s Rights; Our Enforcement Rights; Consult Your Doctor Before Using The Company’s Service; Termination; Disclaimers; Indemnity; Limitation of Liability; Non-waiver or Non-limitation Jurisdictions; Governing Law; Dispute Resolution; and General Terms.
25. GOVERNING LAW.
These Terms and the relationship between you and the Company shall be governed by and construed in accordance with the laws of the State of Mississippi, without regard to its conflict of law provisions. You and the Company irrevocably agree to submit to the personal and exclusive jurisdiction of the federal and state courts located within the County of Hinds, in the State of Mississippi, and waive any jurisdictional, venue or inconvenient forum objections to such courts.
26. Dispute Resolution.
You agree that any dispute between you and the Company arising out of or relating to these Terms of Service, our Service, or any other of the Company’s products or services (collectively, “Disputes”) will be governed by the arbitration procedure outlined below.
Informal Dispute Resolution: We want to address your concerns without needing a formal legal case. Before filing a claim against the Company, you agree to try to resolve the Dispute informally by contacting firstname.lastname@example.org. We’ll try to resolve the Dispute informally by contacting you through email. If a dispute is not resolved within 15 days after submission, you or the Company may bring a formal proceeding.
We Both Agree To Arbitrate: You and the Company agree to resolve any Disputes through final and binding arbitration, except as set forth under Exceptions to Agreement to Arbitrate below.
Opt-out of Agreement to Arbitrate: You can decline this agreement to arbitrate by contacting email@example.com within 30 days of first accepting these Terms of Service and stating that you (include your first and last name) decline this arbitration agreement.
Arbitration Procedures: The American Arbitration Association (AAA) will administer the arbitration under its Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes. The arbitration will be held in Hinds County, Mississippi, or any other location to which the Company agrees.
Arbitration Fees: The AAA rules will govern payment of all arbitration fees. The Company will not seek its attorneys’ fees and costs in arbitration unless the arbitrator determines that your claim is frivolous.
Exceptions to Agreement to Arbitrate: Either you or the Company may assert claims, if they qualify, in small claims court in Hinds County (MS). Either party may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of the Company products or the Company Service, or infringement of intellectual property rights (for example, trademark, trade secret, copyright or patent rights) without first engaging in arbitration or the informal dispute-resolution process described above.
No Class Actions: You may only resolve Disputes with the Company on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations aren’t allowed under our agreement.
Judicial Forum for Disputes: In the event that the agreement to arbitrate is found not to apply to you or your claim, you and the Company agree that any judicial proceeding (other than small claims actions) will be brought in the federal or state courts of Hinds County, Mississippi. Both you and the Company consent to venue and personal jurisdiction there. We both agree to waive our right to a jury trial.
Limitation on Claims: Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to your use of the Company’s products or the Company’s Service must be filed within one (1) year after such claim or cause of action arose, or else that claim or cause of action will be barred forever.
26. WAIVER AND SEVERABILITY.
The failure of the Company to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be unlawful, void or for any reason unenforceable, then that provision shall be deemed severed from this agreement and shall not affect the validity and enforceability of any remaining provisions.
27. SUCCESSORS AND ASSIGNS.
We may perform any of our obligations or exercise any of our rights under this Terms through one or more of our corporate affiliates (including any entity that directly or indirectly controls, is controlled by or is under common control with us). If the Company or its assets are acquired by another entity, that entity will assume our rights and obligations as described in this Terms. You may not assign your rights or obligations under this Terms, by operation of law or otherwise, without our prior written consent.
28. UPDATES TO TERMS.
We may modify these Terms at any time, as we deem appropriate. If you disagree with the changes to the Terms, you must discontinue your use of the Website and Services, and if you have registered as a member, cancel your registration.
It is your responsibility to review the Terms regularly to be aware of such modifications. We reserve the right to modify or discontinue the WEBSITE or Services with or without notice.
Your continued access or use of any of the Website or Services following such notice signifies your acceptance of the modified Terms.
We will not be liable to you or any third party should we exercise our right to modify or discontinue the Website or Services. If you object to any such changes, your sole recourse will be to cease access to the Website or Services. Continued access to the Website or Services following notice of any such changes will indicate your acknowledgement of such changes and acceptance of the Website or Services as so modified and your use of new Services will be governed by these Terms.
29. Additional Terms May Apply.
Additional terms may apply to certain products or services. In the event that there is a conflict between these Terms and any additional terms, the additional terms will control.
30. Additional Information.
If you are in the United States and think you are having a medical or health emergency, call your health care professional, or 911, immediately.
PLEASE CONTACT US IF YOU HAVE ANY QUESTIONS ABOUT THESE TERMS.
John Limansky MD, LLC.
1544 CARDINAL WAY
WESTON, FL 33327