The Terms and Conditions Agreement (“Agreement”) that applies to this website (“Site”), its subsidiaries, divisions, and related websites (collectively referred to as “Company”, “We”, or “Us”), is made between Us and You (“You” or “User”), and describes the proper kinds of conduct and prohibited uses of The Company’s products and services (the “Services”), as described to pursuant to which this policy is incorporated. This Agreement is not exhaustive, and The Company reserves the right to modify the Agreement at any time. By using and/or accessing the Site, Users agree to comply with and be bound by the Agreement in its entirety.
PLEASE REVIEW THE TERMS OF THE AGREEMENT CAREFULLY. IF A USER DOES NOT AGREE WITH THE TERMS OF THE AGREEMENT IN THEIR ENTIRETY, MUST STOP USING THE SITE IMMEDIATELY.
YOU UNDERSTAND THAT CONTENT PROVIDED ON AND/OR THROUGH THE SITE IS ADVERTISING MATERIAL ONLY. NO CONTENT PROVIDED ON AND/OR THROUGH THE SITE MAY BE CONSTRUED AS MEDICAL, LEGAL, OR OTHER ADVICE.
By visiting or accessing the Site, you agree to be bound by this Agreement. You also consent to the terms of our online Privacy Policy and to our use and processing of any user information for the purposes provided in the Privacy Policy.
Your visitation and/or use of the Site means that you accept this Agreement and the practices set forth in our Privacy Policy. We reserve the right to make changes to this Agreement and/or our Privacy Policy at any time. Continued use following any change indicates your agreement and/or consent to the change(s). It is your sole responsibility to check back regularly for updates to this Agreement and our Privacy Policy.
The Site Offerings are available only to individuals who can enter into legally binding contracts under applicable law. The Site Offerings are not intended for use by individuals under eighteen (18) years of age (or the applicable age of majority, if greater than eighteen (18) years of age in their jurisdiction). If a User is under eighteen (18) years of age (or the applicable age of majority, if greater than eighteen (18) years of age in her/his jurisdiction) and/or if that User is unable to enter into legally binding contracts under applicable law, that User does not have permission to use and/or access the Site Offerings. The Company may terminate a User’s access to the Site Offerings at any time and for any reason, in its sole discretion. Such reasons may include, without limitation, where The Company believes that such User is: (a) in any way in breach of the Agreement; and/or (b) engaged in any improper conduct in connection with the Site Offerings.
You agree that by voluntarily providing us with your personal information, you are making an inquiry and thereby entering into a business relationship with The Company. You are requesting that The Company distribute your information to its Affiliates, and you expressly request and consent to be contacted by telephone, email, letter and/or fax by The Company, its employees, representatives, agents, Affiliates, and third party contracted vendors with information related to your inquiry as well as other promotions and offers, even if a telephone number you provide is on a federal, state, or wireless Do Not Call list. You expressly confirm you understand that these telephone calls, emails, letters and/or faxes are being made pursuant to your request for such communications.
The User may be required to submit, and The Company may collect, some or all of the following information: a) the User’s e-mail address; (b) the User’s full name; (c) the User’s telephone number; (d) the User’s mailing address; (e) the User’s date of birth; and (f) any other information collected via the Contact Services form (collectively, “Contact Data”). Upon entering Contact Data and clicking on the applicable submission button on the Site: (g) you may be contacted by The Company and/or one or more of its Third Party Providers regarding your request. Where The Company contacts you in connection with your submission of Contact Data, a Company representative may request additional information over the telephone.
Each User agrees to provide true, accurate, current, and complete User Data. The Company’s use of User Data shall be governed by the Privacy Policy.
You understand and agree that The Company shall not be liable to you or any third party for any products and/or services offered by any Third Party Services Provider.
You agree to indemnify and hold us, our affiliates, employees, officers, directors and shareholders harmless from and against any claims, suits, actions, or proceedings (“Claims”) brought and damages, costs (including attorneys’ fees) and/or judgments awarded against us that arise from or in connection with: (i) Claims by any person or entity to the extent that such Claims are based upon or arise out of user’s use of the Site or user’s actions; (ii) breach by user of this Agreement; or (iii) user’s failure to comply with all applicable laws. We shall give user written notice of such Claims, permit user to defend (with counsel reasonably acceptable to us) and/or settle such Claims (upon terms reasonably acceptable to us), and, subject to our sole discretion, give user information and assistance reasonably requested by user in connection with such Claims.
a. YOU UNDERSTAND AND AGREE THAT WE DO NOT GUARANTEE THE ACCURACY OR COMPLETENESS OF ANY INFORMATION IN OR PROVIDED IN CONNECTION WITH THE SITE. WE ARE NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS OR FOR THE RESULTS OBTAINED FROM THE USE OF SUCH INFORMATION. THE INFORMATION IS PROVIDED WITH THE UNDERSTANDING THAT WE ARE NOT ENGAGED IN RENDERING PROFESSIONAL SERVICES OR ADVICE.
b. WE EXPRESSLY DISCLAIM ANY AND ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND OR NATURE, EXPRESS OR IMPLIED, INCLUDING REPRESENTATIONS AND WARRANTIES OF QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USE OF TRADE.
c. THE ADVERTISERS APPEARING ON OR THROUGH THE SITE ARE NOT OUR AGENTS, PARTNERS, OR EMPLOYEES AND WE ARE NOT LIABLE FOR THE ACTS, ERRORS, OMISSIONS, REPRESENTATIONS, WARRANTIES, BREACHES, OR NEGLIGENCE OF ANY ENTITY OR SERVICE APPEARING ON OR AVAILABLE THROUGH THE SITE, INCLUDING BUT NOT LIMITED TO INJURIES, DEATH, PROPERTY DAMAGE OR OTHER DAMAGES OR EXPENSES RESULTING THEREFROM;
d. WE DO NOT REPRESENT OR WARRANT THAT: (i) THE SITE WILL MEET USERS’ REQUIREMENTS OR EXPECTATIONS; (ii) THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED OR THAT INFORMATION OBTAINED WILL BE ACCURATE OR RELIABLE; OR (iii) THAT ALL DEFICIENCIES IN THE SERVICE CAN BE FOUND OR CORRECTED. FURTHER, THE SITE MAY BE INTERRUPTED OR UNAVAILABLE FOR THE PURPOSES OF PERFORMING MAINTENANCE OR UPGRADES. WE WILL NOT BE RESPONSIBLE FOR: (a) SERVICE IMPAIRMENTS CAUSED BY ACTS WITHIN THE CONTROL OF USER OR ANY USER; (b) INTEROPERABILITY OF SPECIFIC USER APPLICATIONS OR EQUIPMENT; (c) INABILITY OF USER TO ACCESS OR INTERACT WITH ANY OTHER SERVICE PROVIDER THROUGH THE INTERNET, OTHER NETWORKS OR USERS THAT COMPRISE THE INTERNET OR THE INFORMATIONAL OR COMPUTING RESOURCES AVAILABLE THROUGH THE INTERNET; (d) INTERACTION WITH OTHER SERVICE PROVIDERS, NETWORKS, USERS OR INFORMATIONAL OR COMPUTING RESOURCES THROUGH THE INTERNET; (e) SERVICE PROVIDED BY OTHER SERVICE PROVIDERS; OR (f) PERFORMANCE IMPAIRMENTS CAUSED ELSEWHERE ON THE INTERNET.
e. WE DO NOT WARRANT THAT THE SERVICE OR ITS OPERATION WILL BE ACCURATE, RELIABLE, UNINTERRUPTED, ERROR-FREE OR FREE OF VIRUSES OR OTHER HARMFUL AGENTS.
f. NEITHER THE COMPANY, NOR THE SITE IS AFFILIATED WITH, SPONSORED, ENDORSED, OR APPROVED BY THE MANUFACTURERS OF ANY OF THE PRODUCTS MENTIONED ON THE SITE.
a. IN NO EVENT, INCLUDING NEGLIGENCE, WILL WE OR ANYONE ELSE INVOLVED IN ADMINISTERING THE SITE BE LIABLE FOR ANY DIRECT, SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL LOSS OR DAMAGE, LOST BUSINESS REVENUE, LOSS OF PROFITS, LOSS OF DATA, DAMAGES FOR DELAY, PUNITIVE OR EXEMPLARY DAMAGES, FAILURE TO REALIZE EXPECTED PROFITS OR SAVINGS OR ANY CLAIM AGAINST USER BY ANY OTHER PERSON RESULTING FROM MISTAKES, OMISSIONS, SERVICE INTERRUPTIONS, SERVER DOWNTIME, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, OR FAILURE OF PERFORMANCE OF THE SERVICE, OR FOR ANY OTHER REASON, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH LOSSES OR DAMAGES.
b. WE SHALL NOT BE LIABLE FOR UNAUTHORIZED ACCESS TO OR ALTERATION, THEFT, LOSS OR DESTRUCTION OF ANY DATA, EQUIPMENT OR SERVICES, INCLUDING THROUGH ACCIDENT, FRAUDULENT MEANS OR DEVICES, OR ANY OTHER METHOD.
c. WE SHALL BE LIABLE TO USER ONLY AS EXPRESSLY PROVIDED IN THIS AGREEMENT AND SHALL HAVE NO OTHER OBLIGATION, DUTY, OR LIABILITY WHATSOEVE. THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN THIS AGREEMENT SHALL APPLY IRRESPECTIVE OF THE NATURE OF THE CAUSE OF ACTION, DEMAND, OR ACTION BY USER, INCLUDING BREACH OF CONTRACT, NEGLIGENCE, TORT, OR ANY OTHER LEGAL THEORY AND SHALL SURVIVE A FUNDAMENTAL BREACH OR BREACHES OR THE FAILURE OF THE ESSENTIAL PURPOSE OF THIS AGREEMENT OR OF ANY REMEDY CONTAINED HEREIN. SOME STATES AND JURISDICTIONS DO NOT ALLOW LIMITATIONS ON DURATION OR THE EXCLUSION OF AN IMPLIED WARRANTY, OR MAY PROVIDE ADDITIONAL RIGHTS THAT MAY NOT BE WAIVED PURSUANT TO THIS DOCUMENT.
d. YOU HEREBY ACKNOWLEDGE THAT WE ARE NOT RESPONSIBLE FOR ANY INTERCEPTED INFORMATION SENT VIA THE INTERNET, AND YOU HEREBY RELEASE US FROM ANY AND ALL CLAIMS ARISING OUT OF OR RELATED TO THE USE OF INTERCEPTED INFORMATION IN ANY UNAUTHORIZED MANNER.
e. USERS WHO RESIDE IN CALIFORNIA AGREE TO WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR
THIS NOTICE IS SUBJECT TO MODIFICATION OR TERMINATION AT ANY TIME, WHETHER FOR CHANGES IN THE LAW OR AT THE CONVENIENCE OF THIS COMPANY, WITHOUT ADVANCE NOTICE. YOU MUST CHECK BACK FREQUENTLY TO ENSURE THAT YOU SEE A CORRECT, CURRENT VERSION OF THE NOTICE.
It is our policy to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act and other applicable intellectual property laws. Responses may include removing or disabling access to material claimed to be the subject of infringing activity and/or terminating subscribers. If we remove or disable access in response to such a notice, we will make a good-faith attempt to contact the owner or administrator of the affected site or content so that they may make a counter notification pursuant to sections 512(g)(2) and (3) of that Act. It is our policy to document all notices of alleged infringement on which we act.
Please refer to the following detailed instructions, which must be followed to protect your rights under the Digital Millennium Copyright Act.