TABLE OF CONTENTS
These
Terms of Use
constitute a legally binding agreement
made between you, whether personally or on behalf of an entity (“you”) and Southport
Solutions, LLC
("
Company
", “we”,
“us”, or “our”), concerning your access to and use of
the https://healthforms.io website as
well as any other media form, media channel, mobile website or mobile application
related, linked, or otherwise connected thereto (collectively, the “Site”).
You agree that by accessing the Site, you have read, understood, and agree
to be bound by all of these
Terms of Use
. IF YOU DO NOT AGREE WITH ALL OF THESE
TERMS OF USE
, THEN YOU ARE EXPRESSLY PROHIBITED FROM
USING THE SITE AND YOU MUST DISCONTINUE USE IMMEDIATELY.
Supplemental
terms and conditions or documents that may be posted on the Site from time to
time are hereby expressly incorporated herein by reference. We reserve the
right, in our sole discretion, to make changes or modifications to these
Terms of Use
at any time and for any reason . We will alert you about any
changes by updating the “Last updated” date of these
Terms of Use
, and you waive any right to
receive specific notice of each such change. Please ensure that you check the
applicable Terms every time you use our Site so that you understand which Terms
apply. You will be subject to, and will be deemed to have been made aware of and
to have accepted, the changes in any revised
Terms of Use
by your continued use of the Site
after the date such revised
Terms of Use
are posted.
The
information provided on the Site is not intended for distribution to or use by any
person or entity in any jurisdiction or country where such distribution or use would be
contrary to law or regulation or which would subject us to any registration requirement
within such jurisdiction or country. Accordingly, those persons who choose to access the
Site from other locations do so on their own initiative and are solely responsible for
compliance with local laws, if and to the extent local laws are applicable.
This Site does not provide medical care, advice, or diagnoses, nor does it engage in the
practice of medicine. Our Services are designed for informational and communicative
purposes only and should not be considered as a substitute for professional medical
advice, diagnosis, or treatment. The Company is not a licensed medical care
provider and does not operate in a healthcare professional capacity. We do not guarantee
the accuracy, reliability, or completeness of any information contained in or accessed
through our Services. Users of our Services assume full responsibility for their use of
any information obtained through the Services. This includes, but is not limited to,
decisions about seeking medical treatment, administering medications, and responding to
health emergencies. The Company explicitly disclaims any responsibility for any
action taken or not taken based on the information provided by or through the Services.
In cases of medical emergencies, users should immediately seek appropriate emergency
medical assistance. The Services are not designed for, nor should they be used in,
emergency situations. Reliance on any information provided by the Company is
solely at your own risk. Users are solely responsible for any decisions made regarding
their medical care, including but not limited to, ordering tests, hospitalization
decisions, and treatment options. The Company shall not be liable for any
medical or medication errors, mistakes, or inaccuracies, nor for any resulting bodily
injury, death, or other damages.
Unless
otherwise indicated, the Site is our proprietary property and all source code,
databases, functionality, software, website designs, audio, video, text, photographs,
and graphics on the Site (collectively, the “Content”) and the trademarks, service
marks, and logos contained therein (the “Marks”) are owned or controlled by us or
licensed to us, and are protected by copyright and trademark laws and various other
intellectual property rights and unfair competition laws of the United States,
international copyright laws, and international conventions. The Content and the Marks
are provided on the Site “AS IS” for your information and personal use only. Except as
expressly provided in these
Terms of Use
, no part of the Site and no Content or
Marks may be copied, reproduced,
aggregated, republished, uploaded, posted, publicly displayed, encoded,
translated, transmitted, distributed, sold, licensed, or otherwise exploited
for any commercial purpose whatsoever, without our express prior written
permission.
Provided
that you
are eligible to use the Site, you are granted a limited license to access and
use the Site and to download or print a copy of any portion of the Content to
which you have properly gained access solely for your personal, non-commercial
use. We reserve all rights not expressly granted to you in and to the Site, the Content
and the Marks.
By
using the Site, you represent and warrant that:
(1) all
registration information you submit
will be true, accurate, current, and complete; (2) you will
maintain the accuracy of such information and promptly update
such registration information as
necessary;
(3) you have the legal capacity and you
agree to comply with these
Terms of Use
;
(4) you are not a
minor in the jurisdiction in which you reside
; (5) you will not access the Site
through automated or non-human means, whether through a bot, script or
otherwise; (6) you will not use the Site for any
illegal or unauthorized
purpose; and (7) your use of the Site
will not violate any applicable law or regulation.
If
you provide any information that is untrue, inaccurate, not current, or incomplete, we
have the right to suspend or terminate your account and refuse any and all current or
future use of the Site (or any portion thereof).
4.
USER REGISTRATION
You
may be
required to register with the Site. You agree to keep
your password
confidential and will be responsible for all use of your
account and password.
We reserve the right to remove, reclaim, or change a
username you select if we
determine, in our sole discretion, that such username is
inappropriate,
obscene, or otherwise objectionable.
We accept the following forms of
payment:
You may be required
to purchase or pay a fee to access some of our services. You agree to
provide current, complete, and accurate purchase and account information
for all purchases made via the Site. You further agree to promptly
update account and payment information, including email address, payment
method, and payment card expiration date, so that we can complete your
transactions and contact you as needed. We bill you through an online
billing account for purchases made via the Site. Sales tax will be added
to the price of purchases as deemed required by us. We may change prices
at any time. All payments shall be in U.S. dollars
.
You
agree to pay all charges or fees at the prices then in effect for your
purchases, and you authorize us to charge your chosen payment provider
for any such amounts upon making your purchase.
If
your purchase is subject to
recurring charges, then you consent to our
charging your payment method on a recurring
basis without requiring your prior approval for
each recurring charge, until you notify us of
your cancellation.
We reserve the right
to correct any errors or mistakes in
pricing, even if we have already requested or received payment. We also
reserve
the right to refuse any order placed through the Site.
If you are
unsatisfied with our services, please email us at
[email protected]
or call us at
(+1)16152125032
.
You
may not access or use the Site for any purpose other than that for which we make the
Site available. The Site may not be used in connection with any commercial endeavors
except those that are specifically endorsed or approved by us.
As a
user of the Site, you agree not to:
- Systematically retrieve data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
- Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
- Circumvent, disable, or otherwise interfere with security-related features of the Site, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Site and/or the Content contained therein.
- Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site.
- Use any information obtained from the Site in order to harass, abuse, or harm another person.
- Make improper use of our support services or submit false reports of abuse or misconduct.
- Use the Site in a manner inconsistent with any applicable laws or regulations.
- Engage in unauthorized framing of or linking to the Site.
- Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Site or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Site.
- Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
- Delete the copyright or other proprietary rights notice from any Content.
- Attempt to impersonate another user or person or use the username of another user.
- Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”).
- Interfere with, disrupt, or create an undue burden on the Site or the networks or services connected to the Site.
- Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Site to you.
- Attempt to bypass any measures of the Site designed to prevent or restrict access to the Site, or any portion of the Site.
- Copy or adapt the Site’s software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.
- Except as permitted by applicable law, decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Site.
- Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Site, or using or launching any unauthorized script or other software.
- Use a buying agent or purchasing agent to make purchases on the Site.
- Make any unauthorized use of the Site, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.
- Use
the Site as part of any effort to
compete with us or otherwise use the
Site and/or the Content for any
revenue-generating endeavor or
commercial
enterprise.
-
Use the Site to advertise or offer to sell goods and services. -
Sell or otherwise transfer your profile.
8.
USER GENERATED CONTRIBUTIONS
- The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.
- You are the creator and
owner of or have the necessary licenses, rights, consents, releases, and
permissions to use and to authorize us, the Site, and other users of the Site to
use your Contributions in any manner contemplated by the Site and these
Terms of Use . - You have the written
consent, release, and/or permission of each and every identifiable individual
person in your Contributions to use the name or likeness of each and every such
identifiable individual person to enable inclusion and use of your Contributions
in any manner contemplated by the Site and these
Terms of Use . - Your Contributions are not false, inaccurate, or misleading.
- Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
- Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us).
- Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
- Your Contributions are
not used to harass or threaten (in the legal sense of those terms) any other
person and to promote violence against a specific person or class of
people.
- Your Contributions do not
violate any applicable law, regulation, or rule.
- Your Contributions do not
violate the privacy or publicity rights of any third party.
- Your Contributions do not
violate any applicable law concerning child pornography, or otherwise intended
to protect the health or well-being of minors.
- Your Contributions do not
include any offensive comments that are connected to race, national origin,
gender, sexual preference, or physical handicap.
- Your Contributions do not
otherwise violate, or link to material that violates, any provision of these
Terms of Use , or any applicable law or regulation.
Any use of the Site in
violation of the foregoing violates these
Terms of Use
and may result in, among other things,
termination or suspension of your rights to use the Site.
9.
CONTRIBUTION LICENSE
Notwithstanding
any other licensing terms for Contributions, in the
case of Contributions that include health information or
records (such as, but not limited to, patient records,
immunizations, x-rays, laboratory tests), you grant
the Company a specialized license. This license,
which takes precedence over any other, authorizes
the Company to use, modify, display, reproduce,
and distribute these specific submissions solely for the
purpose of delivering the Services, and only as
necessary for such delivery.
This
license will apply to any form, media, or technology now known
or hereafter developed, and includes our use of your name,
company name, and franchise name, as applicable, and any of the
trademarks, service marks, trade names, logos, and personal and
commercial images you provide. You waive all moral rights in
your Contributions, and you warrant that moral rights have not
otherwise been asserted in your Contributions.
We
do not assert any ownership over your Contributions. You retain
full ownership of all of your Contributions and any intellectual
property rights or other proprietary rights associated with your
Contributions. We are not liable for any statements or
representations in your Contributions provided by you in any
area on the Site. You are solely responsible for your
Contributions to the Site and you expressly agree to exonerate
us from any and all responsibility and to refrain from any legal
action against us regarding your Contributions.
We
have the right, in our sole and absolute discretion, (1) to edit,
redact, or otherwise change any Contributions; (2) to re-categorize any
Contributions to place them in more appropriate locations on the Site;
and (3) to pre-screen or delete any Contributions at any time and for
any reason, without notice. We have no obligation to monitor your
Contributions.
10.
SOCIAL MEDIA
As
part of the
functionality of the Site, you may link your account with online
accounts you
have with third-party service providers (each such account, a
“Third-Party Account”) by either: (1) providing your Third-Party Account
login information through the Site; or (2) allowing us to access your
Third-Party Account, as is permitted under the applicable terms and
conditions that govern your use of each Third-Party Account. You
represent and warrant that you are entitled to disclose your Third-Party
Account login information to us and/or grant us access to your
Third-Party Account, without breach by you of any of the terms and
conditions that govern your use of the applicable Third-Party Account,
and without obligating us to pay any fees or making us subject to any
usage limitations imposed by the third-party service provider of the
Third-Party Account. By granting us access to any Third-Party Accounts,
you understand that (1) we may access, make available, and store (if
applicable) any content that you have provided to and stored in your
Third-Party Account (the “Social Network Content”) so that it is
available on and through the Site via your account, including without
limitation any friend lists and (2) we may submit to and receive from
your Third-Party Account additional information to the extent you are
notified when you link your account with the Third-Party Account.
Depending on the Third-Party Accounts you choose and subject to the
privacy settings that you have set in such Third-Party Accounts,
personally identifiable information that you post to your Third-Party
Accounts may be available on and through your account on the Site.
Please note that if a Third-Party Account or associated service becomes
unavailable or our access to such Third-Party Account is terminated by
the third-party service provider, then Social Network Content may no
longer be available on and through the Site. You will have the ability
to disable the connection between your account on the Site and your
Third-Party Accounts at any time. PLEASE NOTE THAT YOUR RELATIONSHIP
WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY
ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY
SERVICE PROVIDERS. We make no effort to review any Social Network
Content for any purpose, including but not limited to, for accuracy,
legality, or non-infringement, and we are not responsible for any Social
Network Content. You acknowledge and agree that we may access your email
address book associated with a Third-Party Account and your contacts
list stored on your mobile device or tablet computer solely for purposes
of identifying and informing you of those contacts who have also
registered to use the Site. You can deactivate the connection between
the Site and your Third-Party Account by contacting us using the contact
information below or through your account settings (if applicable). We
will attempt to delete any information stored on our servers that was
obtained through such Third-Party Account, except the username and
profile picture that become associated with your account.
You
acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other
information regarding the Site ("Submissions") provided by you to us are non-confidential and
shall become our sole property. We shall own exclusive rights, including all intellectual
property rights, and shall be entitled to the unrestricted use and dissemination of these
Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or
compensation to you. You hereby waive all moral rights to any such Submissions, and you hereby
warrant that any such Submissions are original with you or that you have the right to submit
such Submissions. You agree there shall be no recourse against us for any alleged or actual
infringement or misappropriation of any proprietary right in your Submissions.
12. U.S.
GOVERNMENT RIGHTS
Our
services are “commercial items” as defined in Federal Acquisition Regulation (“FAR”)
2.101. If our services are acquired by or on behalf of any agency not within the
Department of Defense (“DOD”), our services are subject to the terms of these
Terms of Use
in accordance with FAR 12.212 (for
computer software) and FAR 12.211 (for technical data). If our services are acquired by
or on behalf of any agency within the Department of Defense, our services are subject to
the terms of these
Terms of Use
in accordance with Defense Federal
Acquisition Regulation (“DFARS”) 227.7202-
3.
In addition, DFARS 252.227-7015
applies to technical data acquired by the DOD. This U.S. Government Rights clause is in
lieu of, and supersedes, any other FAR, DFARS, or other clause or provision that
addresses government rights in computer software or technical data under these
Terms of Use
.
We
reserve the right, but not the obligation, to: (1) monitor the Site for violations of these
Terms of Use
; (2) take appropriate legal action against anyone
who, in our sole discretion, violates the law or these
Terms of Use
, including without
limitation, reporting such user to law enforcement authorities; (3) in our sole
discretion and without limitation, refuse, restrict access to, limit the
availability of, or disable (to the extent technologically feasible) any of
your Contributions or any portion thereof; (4) in our sole discretion and
without limitation, notice, or liability, to remove from the Site or otherwise
disable all files and content that are excessive in size or are in any way
burdensome to our systems; and (5) otherwise manage the Site in a manner
designed to protect our rights and property and to facilitate the proper
functioning of the Site.
14.
PRIVACY POLICY
We
care about data privacy and security. Please review our Privacy Policy:
https://healthforms.io/privacypolicy/
. By using the Site, you agree to be bound by our Privacy
Policy, which is incorporated into these
Terms of Use
. Please be advised the
Site is hosted in the United States
. If you access the Site from any
other region of the world with laws or other requirements governing
personal data collection, use, or disclosure that differ from applicable
laws in
the
United States
, then through your continued use of the Site,
you
are transferring your data to
the
United States
, and you agree to have your data transferred to and processed in
the
United States
.
15.
DIGITAL MILLENNIUM
COPYRIGHT ACT (DMCA) NOTICE AND
POLICY
Notifications
We
respect the
intellectual property rights of others. If you believe
that any material available on or through the Site
infringes upon any copyright you own or control, please
immediately notify our
Designated Copyright Agent using the contact information
provided below (a
“Notification”). A copy of your
Notification will be sent to the person who posted or
stored the material
addressed in the Notification. Please be
advised that pursuant to federal law you may be held
liable for damages if you
make material misrepresentations in a Notification.
Thus, if you are not sure
that material located on or linked to by the Site
infringes your copyright, you
should consider first contacting an
attorney.
All
Notifications
should meet the requirements of DMCA 17 U.S.C. §
512(c)(3) and include the
following information: (1) A physical or electronic
signature of a person
authorized to act on behalf of the owner of an exclusive
right that is
allegedly infringed; (2) identification of the
copyrighted work claimed to have
been infringed, or, if multiple copyrighted works on the
Site are covered by
the Notification, a representative list of such works on
the Site; (3)
identification of the material that is claimed to be
infringing or to be the
subject of infringing activity and that is to be removed
or access to which is
to be disabled, and information reasonably sufficient to
permit us to locate
the material; (4) information reasonably sufficient to
permit us to contact the
complaining party, such as an address, telephone number,
and, if available, an
email address at which the complaining party may be
contacted; (5) a statement
that the complaining party has a good faith belief that
use of the material in
the manner complained of is not authorized by the
copyright owner, its agent,
or the law; and (6) a statement that the
information in the notification is accurate, and under
penalty of perjury, that
the complaining party is authorized to act on behalf of
the owner of an
exclusive right that is allegedly infringed
upon.
If
you believe your own copyrighted material has been
removed from the Site as a result of a mistake or
misidentification, you may submit a written counter
notification to our
Designated Copyright Agent
using the contact information provided below (a “Counter
Notification”). To be an effective Counter Notification
under the DMCA, your Counter Notification must include
substantially the following: (1) identification of the
material that has been removed or disabled and the
location at which the material appeared before it was
removed or disabled; (2) a statement that you consent to
the jurisdiction of the Federal District Court in which
your address is located, or if your address is outside
the United States, for any judicial district in which we
are located; (3) a statement that you will accept
service of process from the party that filed the
Notification or the party's agent; (4) your name,
address, and telephone number; (5) a statement under
penalty of perjury that you have a good faith belief
that the material in question was removed or disabled as
a result of a mistake or misidentification of the
material to be removed or disabled; and (6) your
physical or electronic signature.
If
you send us a
valid, written Counter Notification meeting the requirements
described above,
we will restore your removed or disabled material, unless we
first receive
notice from the party filing the Notification informing us that
such party has
filed a court action to restrain you from engaging in infringing
activity
related to the material in question. Please note that if you
materially
misrepresent that the disabled or removed content was removed by
mistake or
misidentification, you may be liable for damages, including
costs and
attorney's fees. Filing a false Counter Notification constitutes
perjury.
Attn: Copyright Agent
These
Terms of Use
shall remain in full force and effect while you
use the Site. WITHOUT LIMITING ANY OTHER PROVISION OF THESE
TERMS OF USE
, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION
AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SITE (INCLUDING BLOCKING CERTAIN
IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR
BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE
TERMS OF USE
OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY
TERMINATE YOUR USE OR PARTICIPATION IN THE SITE OR DELETE
YOUR
ACCOUNT AND
ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE
DISCRETION.
If we terminate
or suspend your account for any reason, you are prohibited from registering and
creating a new account under your name, a fake or borrowed name, or the name of
any third party, even if you may be acting on behalf of the third party. In
addition to terminating or suspending your account, we reserve the right to
take appropriate legal action, including without limitation pursuing civil,
criminal, and injunctive redress.
We
reserve the right to change, modify, or remove the contents of the Site at any time or for any
reason at our sole discretion without notice. However, we have no obligation to update any
information on our Site. We also reserve the right to modify or discontinue all or part of the
Site without notice at any time. We will not be liable to you or any third party for any
modification, price change, suspension, or discontinuance of the Site.
We
cannot guarantee the Site will be available at all times. We may experience hardware, software,
or other problems or need to perform maintenance related to the Site, resulting in
interruptions, delays, or errors. We reserve the right to change, revise, update, suspend,
discontinue, or otherwise modify the Site at any time or for any reason without notice to you.
You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by
your inability to access or use the Site during any downtime or discontinuance of the Site.
Nothing in these
Terms of Use
will be construed to obligate us to maintain and
support the Site or to supply any corrections, updates, or releases in connection therewith.
These
Terms of Use
and your use of the Site are governed by and
construed in accordance with the laws of
the State
of
Tennessee
applicable
to agreements made and to be entirely performed within
the State of
Tennessee
, without regard to its conflict of law principles.
Binding
Arbitration
If for any reason, a
Dispute proceeds in court rather than arbitration, the Dispute shall be commenced or prosecuted
in the state and federal courts located in
Williamson
,
Tennessee
, and the Parties hereby consent to, and waive all defenses of lack of
personal jurisdiction, and forum non conveniens with respect to venue and jurisdiction in
such
state and federal courts
. Application of the United Nations Convention on Contracts for the International Sale of
Goods and the Uniform Computer Information Transaction Act (UCITA) are excluded from these
Terms of Use
.
Restrictions
The
Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To
the full extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b)
there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize
class action procedures; and (c) there is no right or authority for any Dispute to be brought in a
purported representative capacity on behalf of the general public or any other persons.
20. CORRECTIONS
There may
be information on the Site that contains typographical errors, inaccuracies, or omissions, including
descriptions, pricing, availability, and various other information. We reserve the right to correct any
errors, inaccuracies, or omissions and to change or update the information on the Site at any time,
without prior notice.
21. DISCLAIMER
THE SITE
IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SITE AND OUR SERVICES
WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS
OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO
WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE’S CONTENT OR THE CONTENT OF
ANY WEBSITES LINKED TO THE SITE AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS,
MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY
NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE, (3) ANY UNAUTHORIZED ACCESS TO OR
USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED
THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, (5) ANY BUGS, VIRUSES,
TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, AND/OR
(6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED
AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE. WE
DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR
OFFERED BY A THIRD PARTY THROUGH THE SITE, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION
FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE
FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS
WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR
BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
22. LIMITATIONS OF LIABILITY
IN NO EVENT
WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY
DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING
LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE,
EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
NOTWITHSTANDING
ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR
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
US
DURING
THE
TWELVE
(12)
MONTH
PERIOD PRIOR TO
ANY CAUSE OF
ACTION
ARISING
.
CERTAIN
US
STATE
LAWS
AND
INTERNATIONAL
LAWS
DO
NOT
ALLOW
LIMITATIONS
ON
IMPLIED
WARRANTIES
OR
THE
EXCLUSION
OR
LIMITATION
OF
CERTAIN
DAMAGES.
IF
THESE
LAWS
APPLY
TO
YOU,
SOME
OR
ALL
OF
THE
ABOVE
DISCLAIMERS
OR
LIMITATIONS
MAY
NOT
APPLY
TO
YOU,
AND
YOU
MAY
HAVE
ADDITIONAL
RIGHTS.
23. INDEMNIFICATION
You agree
to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our
respective officers, agents, partners, and employees, from and against any loss, damage, liability,
claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or
arising out of:
(1) your Contributions;
(2) use of the Site; (3) breach of these
Terms of Use
; (4) any breach of your representations and warranties
set forth in these
Terms of Use
; (5) your violation of the rights of a third party,
including but not limited to intellectual property rights; or (6) any overt harmful act toward any other
user of the Site with whom you connected via the Site. Notwithstanding the foregoing, we reserve the
right, at your expense, to assume the exclusive defense and control of any matter for which you are
required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims.
We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject
to this indemnification upon becoming aware of it.
24. USER DATA
We will
maintain certain data that you transmit to the Site for the purpose of managing the performance of the
Site, as well as data relating to your use of the Site. Although we perform regular routine backups of
data, you are solely responsible for all data that you transmit or that relates to any activity you have
undertaken using the Site. You agree that we shall have no liability to you for any loss or corruption
of any such data, and you hereby waive any right of action against us arising from any such loss or
corruption of such data.
25. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND
SIGNATURES
Visiting
the Site, sending us
emails, and completing online forms constitute electronic communications. You consent to receive
electronic communications, and you agree that all agreements, notices, disclosures, and other
communications we provide to you electronically, via email and on the Site, satisfy any legal
requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC
SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES,
POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SITE. You hereby
waive any rights or requirements under any statutes, regulations, rules, ordinances, or other
laws in any jurisdiction which require an original signature or delivery or retention of
non-electronic records, or to payments or the granting of credits by any means other than
electronic means.
26. CALIFORNIA USERS AND RESIDENTS
If any
complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the
Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North
Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916)
445-1254.
27. MISCELLANEOUS
These
Terms of Use
and any policies or operating rules posted by us on the
Site or in respect to the Site constitute the entire agreement and understanding between you and us. Our
failure to exercise or enforce any right or provision of these
Terms of Use
shall not operate as a waiver of such right or provision.
These
Terms of Use
operate to the fullest extent permissible by law. We may
assign any or all of our rights and obligations to others at any time. We shall not be responsible or
liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control.
If any provision or part of a provision of these
Terms of Use
is determined to be unlawful, void, or unenforceable,
that provision or part of the provision is deemed severable from these
Terms of Use
and does not affect the validity and enforceability of
any remaining provisions. There is no joint venture, partnership, employment or agency relationship
created between you and us as a result of these
Terms of Use
or use of the Site. You agree that these
Terms of Use
will not be construed against us by virtue of having
drafted them. You hereby waive any and all defenses you may have based on the electronic form of these
Terms of Use
and the lack of signing by the parties hereto to execute
these
Terms of Use
.
28. CONTACT US
In order to
resolve a complaint regarding the Site or to receive further information regarding use of the
Site, please contact us at: