I. MONITORING We may monitor your activity on the Site to ensure compliance with this Agreement or for other purposes. You hereby specifically agree to such monitoring. We do not make any warranties or guarantees that: (1) the Site, or any portion thereof, will be monitored for accuracy or unacceptable use, (2) apparent statements of fact will be authenticated, or (3) we will take any specific action (or any action) in the event of a dispute regarding this Agreement.
II. MEDICAL INFORMATION DISCLAIMER The Site is not intended to provide any medical advice whatsoever. You should not look to the site for medical advice. IN CASE OF A MEDICAL EMERGENCY, DO NOT RELY ON THE SITE IN LIEU OF ANY OTHER EMERGENCY SERVICES (e.g., 911). The information on this site is provided for educational purposes only, and is in no way intended to diagnose, cure, or treat any medical condition. Always seek the advice of your physician or other qualified health provider. In addition to all other limitations and disclaimers in this agreement, we disclaim any liability or loss in connection with the content provided on this site.
III. NON-AFFILIATION We are not in any way affiliated with the medical entities, clinical trials, medical professionals (including but not limited to physicians) or medical services referenced and/or discussed on the Site. We disclaim any liability or loss in connection with your interaction(s) with, enrollment in, and/or use of, any such medical entities, clinical trials, medical professionals, and medical services. You acknowledge that we have not reviewed and do not endorse medical entities, clinical trials, medical professionals, or medical services referenced and/or discussed on the Site. You further acknowledge that we are not responsible for any acts or omissions of any medical entities, medical professionals, individuals employed by and/or acting on behalf of and/or in connection with such entities or professionals, or medical services, which are referenced and/or discussed on this Site.
IV. Rules of Usage: 1. USE OF THE SITE BY YOU: A. This Site is not intended for use by children under the age of 18. No one under age of 18 is allowed to access or use the Site. B. You are responsible for all use of the Site by you and anyone whome you allow to use or access the Site. C. Site may contain graphics, text, photographs, images, video, audio, software, code, and other content that is provided by us or our licensors and neither clearly identified as such, nor intended, for your use. Such content is protected by state, national and international copyright, trademark and other intellectual property laws, and is the property of us or our licensors. The copying, reproduction, publication, display, rearrangement, redistribution, modification, revision, alteration, cropping, re-sizing, reverse engineering, movement, removal, deletion, or other use or change by you, directly or indirectly, of any such content is strictly prohibited. D. You may not in any way make commercial or other unauthorized use, by publication, re-transmission, distribution, performance, caching, aggregation or otherwise, of material obtained through Site, except as permitted by the Copyright Act or other law or as expressly permitted in writing by this Agreement or us. E. You agree not to disrupt, overwhelm, attack, modify, reverse engineer or interfere with Site or its associated software, hardware and/or servers in any way, and you agree not to impede or interfere with others’ use of Site. F. You may not attempt to gain unauthorized access to our servers by any means. G. We make no representation that materials on the Site are appropriate, available or legal in any particular location. You are responsible for compliance with local laws, if and to the extent any local laws are applicable.
V. INDEMNIFICATION: You agree to indemnify, defend and hold harmless us, our parent, subsidiary and affiliated entities, and third party service providers, and each of their respective officers, directors, members, employees, independent and sub-contractors, agents, representatives, successors and assigns from and against any and all claims and liabilities (including attorney’s fees) which may arise from your submissions, from your unauthorized use of material obtained through the Site, from your breach of this Agreement, or from any such acts through your use of Site. We reserve the right, but undertakes no duty, to review, edit, move or delete any material provided for display or placed on Site in our sole discretion, without notice.
VI. ADDITIONAL RULES: We reserve the right to communicate through the Site or otherwise additional rules of usage of the Site. Your continued use of the Site constitutes your agreement to comply with such additional rules.
VII. DISCLAIMER OF WARRANTY AND LIMITATION OF LIABILITY: YOU ACKNOWLEDGE THAT YOU ARE USING THE SITE AT YOUR OWN RISK. THE SITE IS PROVIDED “AS IS”, AND THE SERVICE PROVIDER, ITS AFFILIATES AND ITS THIRD PARTY SERVICE PROVIDERS HEREBY EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF ACCURACY, RELIABILITY, TITLE, MERCHANTABILITY, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE OR ANY OTHER WARRANTY, CONDITION, GUARANTEE OR REPRESENTATION, WHETHER ORAL, IN WRITING OR IN ELECTRONIC FORM, INCLUDING BUT NOT LIMITED TO THE ACCURACY OR COMPLETENESS OF ANY INFORMATION CONTAINED THEREIN OR PROVIDED BY THE SITE. WE, OUR AFFILIATES, AND OUR THIRD PARTY SERVICE PROVIDERS DO NOT REPRESENT OR WARRANT THAT ACCESS TO THE SITE WILL BE UNINTERRUPTED OR THAT THERE WILL BE NO FAILURES, ERRORS OR OMISSIONS OR LOSS OF TRANSMITTED INFORMATION, OR THAT NO VIRUSES WILL BE TRANSMITTED ON THE SITE. WE, OUR AFFILIATES AND OUR THIRD PARTY SERVICE PROVIDERS SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTIES FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ALLEGEDLY SUSTAINED ARISING OUT OF THIS AGREEMENT, THE PROVIDING OF THE SITE HEREUNDER, THE SALE OR PURCHASE OF ANY GOODS OR MERCHANDISE, YOUR ACCESS TO OR INABILITY TO ACCESS THE SITE, INCLUDING FOR VIRUSES ALLEGED TO HAVE BEEN OBTAINED FROM THE SITE, YOUR USE OF OR RELIANCE ON THE SITE OR ANY OF THE MERCHANDISE, INFORMATION OR MATERIALS AVAILABLE ON THE SITE, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES; THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU. YOU MAY HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE. YOU HEREBY AGREE TO RELEASE US, OUR AFFILIATES AND OUR THIRD-PARTY SERVICE PROVIDERS, AND EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED (COLLECTIVELY, “CLAIMS”), ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF THE SITE. IF YOU A RESIDENT OF CALIFORNIA, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES, IN PART: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR”.
VIII. TERMINATION OR SUSPENSION OF ACCESS TO THE SITE: We have the right to terminate and/or suspend your ability to access the Site or any portion thereof, for any or no reason, without notice.
IX. PRIVACY 1. THE TYPE OF INFORMATION THE SITE COLLECTS: A. The Site may collect personally identifying information with your specific knowledge and consent. You may be asked to provide information such as your e-mail address, name or phone number. B. We may also automatically collect information about the mobile or other device you use to access the Site, including for example the make and model of your device, and (if applicable) the type of browser software you use, the operating system you are running, and your Internet Protocol address. C. We may allow access to our database by third parties that provide us with services, such as technical maintenance, but only for the purpose of and to the extent necessary to provide such services. We do not bear any responsibility for any actions or policies of third parties. D. We may provide others with access to our database in order to cooperate with official investigations or legal proceedings, including, for example, in response to subpoenas, search warrants, court orders, or other legal process. E. We reserve the right to use the information we collect about your mobile or other device, which may at times be able to identify you, for any lawful business purpose, including without limitation to help diagnose problems with our servers and to gather demographic information. F. We reserve the right to use, transfer, sell, and share aggregated, anonymous data about our users as a group for any business purpose, such as analyzing usage trends and seeking compatible advertisers and partners. G. In addition, as our business changes, we may buy or sell various assets. In the event all or a portion of the assets owned or controlled by us, our parent or any subsidiary or affiliated entity are sold, assigned, transferred or acquired by another company, the information from and/or about our Site users may be among the transferred assets.
X. JURISDICTION: You agree that this Agreement, for all purposes, shall be governed and construed in accordance with the laws of the State of New York applicable to contracts to be wholly performed therein, and any action based on, relating to, or alleging a breach of this Agreement must be brought in a state or federal court in New York, New York. You hereby agree to submit to the exclusive personal jurisdiction and venue of such courts. If you do not agree to the above terms and conditions, you are forbidden from accessing or using the Site.
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