Effective Date: 3/1/2016
IMPORTANT NOTE REGARDING ACCEPTANCE OF TERMS:
Under no circumstances does this Site intend to provide you with medical advice. The content of the Site and that of any linked sites should not be construed as medical advice. You are advised to always consult with a health care professional should you require a medical opinion regarding any symptoms or a medical condition.
- Violating any state, federal, or international law;
- Infringing on copyrights, trademarks, patents, trade secrets, privacy, or publicity rights;
- Forging, altering, affecting or manipulating or attempting to forge, alter, affect or manipulate any components, content, or functionalities of the Site;
- Interfering or attempting to interfere with the intended functionality of the Site, including but not limited to disabling security features;
- Harassing, stalking, or bullying or promoting harassing, stalking, or bullying;
- Submitting content that is offensive, pornographic, defamatory, hateful or threatening in substance or intent, or that would create a risk to privacy, property or safety;
- Uploading or transmitting chain letters, pyramid schemes, junk mail, unsolicited commercial messages, viruses, worms and other malicious code;
- Accessing another person’s account without authorization;
- Misrepresenting your identity or providing false information in any information collection portion of this Site, such as a registration;
- Collecting and/or storing information from users on this Site;
- Creating a database of materials and content from this Site; and
- Copying, modifying or creating derivative works involving the content, except printing a reasonable amount of copies for your personal use.
Access to Site
Access to the Site is gained through unique user identifiers and passwords and you are responsible for safeguarding this information in order to restrict access to the Site to authorized users only. Should any unauthorized users gain access to the Site resulting from your failure to safeguard the aforementioned credentials, you are solely liable for breach of any and all protected health information. Furthermore, you agree to notify the Company immediately should you believe there is or may be a risk to the security of your user identifier and/or password.
Assumption of Risk
You expressly agree to use this Site at your own risk. Neither the Company, nor any of its affiliates, warrant the Site will be error-free, the access to the Site be uninterrupted, the content obtained from the Site be accurate, complete, reliable, secure or current. This Site may provide links to other websites and accessing these sites will be at your own risk. Your dealings with any third parties found on or through the Site are between you and the third party and the Company makes no representations, warranties, guarantees, and/or assumptions-of-authenticity with respect to information or services obtained through such parties. You agree that the Company will have no liability for any loss or damage of any kind incurred as a result of your dealings with any third parties.
Representation and Warranties
By using this Site you represent and warrant the following:
- You are eighteen (18) years of age or older or an emancipated minor;
- Any information submitted by you via the Site will be true, accurate, complete, and current;
- You will not impersonate any person or entity; and
- You will not provide misleading or false information or deceive the Company through any action or omission.
Disclaimer of Warranties
ALL CONTENT ON THIS SITE IS PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE COMPANY AND ALL THIRD PARTIES, IF ANY, PROVIDING CONTENT FOR THIS SITE, AND ALL THIRD PARTIES PROVIDING SUPPORT OR INFORMATION FOR THIS SITE (COLLECTIVELY, “SITE-RELATED PARTIES”) HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. THE SITE-RELATED PARTIES MAKE NO WARRANTY AS TO THE ACCURACY, COMPLETENESS, CURRENCY, OR RELIABILITY OF ANY CONTENT AVAILABLE THROUGH THIS SITE. WITHOUT LIMITING THE FOREGOING, THE SITE-RELATED PARTIES SPECIFICALLY DO NOT REPRESENT OR WARRANT THAT ANY INFORMATION REGARDING PARTICULAR PLAN BENEFITS OR SCOPE OF COVERAGE IS ACCURATE OR COMPLETE. THE SITE-RELATED PARTIES MAKE NO REPRESENTATIONS OR WARRANTIES THAT USE OF THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE.
YOU ARE RESPONSIBLE FOR TAKING ALL PRECAUTIONS NECESSARY TO ENSURE THAT ANY CONTENT YOU OBTAIN FROM THIS SITE IS FREE OF VIRUSES AND ANY OTHER POTENTIALLY DESTRUCTIVE COMPUTER CODE AND UNDERSTAND AND AGREE THAT THIS CONTENT IS USED AT YOUR OWN RISK. YOU ARE SOLELY RESPONSIBLE SHOULD THE DOWNLOADING OF ANY OF THE CONTENT RESULT IN DAMAGE TO YOUR COMPUTER SYSTEM OR SHOULD YOU INCUR ANY LOSS OF YOUR DATA. NO INFORMATION OR ADVICE YOU RECEIVE, WHETHER WRITTEN OR ORAL, FROM ANY REPRESENTATIVE OF THE COMPANY SHALL CREATE A WARRANTY OF ANY KIND, UNLESS EXPRESSLY STATED HEREIN.
Some states do not allow limitations on implied warranties, so one or more of the above limitations may not apply to you.
Limitation of Liability
YOU AGREE THAT THE COMPANY AND/OR NONE OF THE SITE-RELATED PARTIES SHALL BE LIABLE FOR ANY DAMAGE RESULTING FROM YOUR USE OR INABILITY TO USE THIS SITE OR THE CONTENT. THIS PROTECTION COVERS CLAIMS BASED ON WARRANTY, CONTRACT, TORT, STRICT LIABILITY, AND ANY OTHER LEGAL THEORY. THIS PROTECTION COVERS THE COMPANY AND SITE-RELATED PARTIES, INCLUDING ALL AFFILIATES, AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS. THIS PROTECTION COVERS ALL LOSSES INCLUDING, WITHOUT LIMITATION, DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, AND PUNITIVE DAMAGES, PERSONAL INJURY/WRONGFUL DEATH, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION. THE LIMIT OF LIABILITY MAY NOT BE EFFECTIVE IN SOME STATES. IN NO EVENT SHALL THE SITE-RELATED PARTIES, INCLUDING ALL AFFILIATES, AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS, BE LIABLE TO YOU FOR ANY LOSSES OR DAMAGES. ALL OTHER DAMAGES, DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE, RESULTING FROM ANY USE OF THE SITE OR CONTENT ARE EXCLUDED EVEN IF THE SITE-RELATED PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT YOU USE THIS SITE AT YOUR OWN RISK. IF YOU ARE DISSATISFIED WITH THIS SITE OR THE CONTENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
Compliance with COPPA
This Site is not directed at children under the age of thirteen (13). The Company complies with the Children’s Online Privacy Protection Act (COPPA) and does not knowingly permit registration to the Site or submission of personally identifiable information by any persons under the age of 13.
By accessing this Site, you agree to indemnify and hold harmless the Company, its officers, directors, employees, licensors, vendors, agents, customers, subsidiaries, and affiliates, from and against any and all liability, damages, claims, losses, expenses, including attorney’s fees and costs of litigation, resulting from or in connection with your use of this Site.
Third Party Content Provisions
Governing Law and Statute of Limitations
Except as regulated by the laws of the State of Nevada, before seeking recourse for any harm you believe you have suffered arising from or related to your use of this Site, you agree to inform us in writing within one year of the adverse effect and to give us 90 days to propose a remedy before initiating any claim. Should the parties fail to remedy the adverse effect to the satisfaction of both parties, you acknowledge and agree that the sole and exclusive forum for the resolution of any claim shall be in arbitration.
Intellectual Property Rights
The content and layout of this Site are the property of the Company and its affiliates and are protected by trademarks, copyrights, trade secrets, patents, and other proprietary rights. All trademarks, logos, names, and service marks displayed on the Site are the property of the Company, or its vendors, and any use of these without express written permission of the Company, or of the trademark owner, is prohibited.
License to use this Site
In order to use the capabilities of the Site, you may need to complete a registration form. The information obtained during registration is used to set up your account.
Information Collection and Sharing
- Sharing information with entities, people, and government agencies employed by the Company for the purpose of performing tasks on behalf of the Company where the sharing of your information is required to maintain the Site’s availability and ability to provide its services;
- Sharing of aggregated demographic information not linked to any personally identifiable information with entities, people, and government agencies;
- Sharing information during the process of a merger, acquisition, or bankruptcy of the Company with entities acquiring the Company’s assets or the business.
The Company takes all reasonable measures in accordance with applicable laws to protect your online information. The information provided online via the Site is protected by Secure Socket Layer (SSL) technology helping safeguard the confidentiality of your information.
You may have the ability to update certain account information via the Site. The Company reserves the right to maintain a copy of your unrevised account information and to keep a record of your account information after the termination of the account.
Notification of Changes