April 24, 2021
To access certain areas or functionalities of our sites or services, you may need to sign up for an account on our one or more of our sites or services. You must provide accurate and complete information and keep your account information updated. You shall not: (i) select or use as a username a name of another person with the intent to impersonate that person; (ii) use as a username a name subject to any rights of a person other than you without appropriate authorization; (iii) use, as a username, a name that is otherwise offensive, vulgar, or obscene; or (iv) use your account in any manner that would be unlawful. You are solely responsible for the activity that occurs on your account, and for keeping your account password secure. You may never use another person’s user account or registration information for our sites, services, or products without that person’s permission. You must notify us immediately in writing of any change in your eligibility to use our sites or services, breach of security, or unauthorized use of your account. You should never publish, distribute, or post login information for your account. WE LL NOT BE LIABLE FOR ANY LOSS OR DAMAGE ARISING FROM YOUR FAILURE TO PROTECT YOUR PASSWORD OR ACCOUNT INFORMATION.
You shall have the ability to delete your account, either directly or through a request made to us at the following address:
You shall not (i) use our sites or services to impersonate any person or entity, or falsely state or otherwise misrepresent who you are or your authorized affiliation with a person or entity; (ii) interfere with or disrupt any servers or networks used to provide our sites or services, or their respective features, (iii) gain unauthorized access to our sites or services, to any account, computer system, or network connected to our sites or services, by means such as hacking or other illicit means, to obtain or attempt to obtain any materials or information through any means not intentionally made available through our sites or services, to post or transmit any information, software, or other material that contains a virus, malware, or other harmful component, or to take or cause to be taken any action that disrupts the normal flow of postings and dialogue on our sites or services; (iv) use our sites or services to post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, profane or indecent information of any kind, including, but not limited to, any transmissions constituting or encouraging conduct that would violate any law; (v) use our sites or services to post or transmit any information, software, or other material that violates or infringes upon the rights of others, including, but not limited to, material that is an invasion of privacy or publicity rights, or that is protected by copyright, trademark, or other proprietary right or derivative works with respect thereto, without first obtaining written permission from the owner or rights holder; (vi) use our sites or services to post, transmit, or in any way exploit any information, software, or other material for commercial purposes, or to advertise to or solicit anyone to buy or sell products or services, or to make donations of any kind, without our express written approval; (vii) gather for any commercial marketing or solicitation purposes any e-mail addresses or other personal information or directory listings that have been posted by other users of our sites or services; or (viii) gather, for the purpose of spamming, e-mail addresses or other contact information that has been posted by other users of our sites or services, or otherwise to engage in any acts that would constitute a violation of the CAN-SPAM Act of 2003, 15 U.S.C. S7701, et seq., or any other foreign, US, or state law prohibiting or regulating unsolicited commercial e-mails.
The terms of your payment will be based on your payment method and may be determined by agreements between you and your financial institution, credit card issuer, or other provider of your chosen payment method. If we, through our third-party payment processor, do not receive payment from you, you agree to pay all amounts due on for your purchase immediately upon demand.
The sites and services may include a variety of features such as discussion forums, blogs, and social networking features that allow feedback to be provided to us and allow users to interact with each other on our sites and services, as well as post content for display on our sites or through our services. By accessing any such features, you represent and agree: (i) that you are the owner of any material you post or submit, or are making your posting or submission with the express consent of the owner of the material; (ii) that you are making your posting or submission with the express consent of anyone pictured or otherwise included in any material you post or submit; and (iii) that you will indemnify and hold harmless us, and each of our and their respective members, directors, officers, managers, employees, shareholders, agents, representatives, and licensors, from and against any liability of any nature arising out of or related to any content displayed on or submitted via our sites or services by you or by others using your account.
Responsibility for what is posted on discussion forums, blogs, and other areas on our sites or services through which users can supply content or sent via any e-mail services that are made available via our sites or services, is the responsibility of each individual user and does not necessarily represent our opinions or views. We do not control the messages, user generated content that users may transmit, post, or otherwise provide on or through our sites or services. We do not have any obligation to monitor any discussion forums, blogs, content, or other areas of our sites or services through which users can supply content, though we will attempt to provide the ability for other users to report inappropriate submissions to us.
You may establish a link to our sites provided that the link does not state or imply any sponsorship of your website, organization, products, or service by us. However, you may not, without our prior written permission, frame or inline link any of the content of our sites or services, or to incorporate into another website or other service any of our content or intellectual property. We are not responsible for any third-party products or services offered via our sites, services, or via a link provided on our sites. The inclusion of any such link does not imply our endorsement or any association between us and their operators.
Your interactions with companies, organizations, or individuals found on or through our sites or services, including any purchases, transactions, or other dealings, and any terms, conditions, warranties, or representations associated with such dealings, are solely between you and such companies, organizations, or individuals. You agree that we will not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. You also agree that, if there is a dispute between users of our sites or services, or between a user and any other third party, we are under no obligation to become involved, and YOU AGREE TO RELEASE US, AND EACH OF OUR AND THEIR RESPECTIVE MEMBERS, SHAREHOLDERS, DIRECTORS, OFFICERS, MANAGERS, EMPLOYEES, SHAREHOLDERS, AGENTS, REPRESENTATIVES, AND LICENSORS FROM ANY CLAIMS, DEMANDS AND DAMAGES OF EVERY KIND OR NATURE, KNOWN OR UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY RELATED TO SUCH DISPUTE, OUR SITES OR SERVICES.
THE PRODUCTS, SERVICES, AND INFORMATION PROVIDED VIA OUR SITES AND SERVICES ARE NOT, NOR ARE THEY INTENDED TO BE, A SUBSTITUTE FOR MEDICAL OR PROFESSIONAL ADVICE, A DIAGNOSIS, OR TREATMENT. WE ENCOURAGE YOU TO COMMUNICATE WITH YOUR MEDICAL AND PROFESSIONAL CAREGIVERS FOR PROFESSIONAL ADVICE REGARDING SUCH PRODUCTS, SERVICES, AND INFORMATION.
THE INFORMATION, PRODUCTS, AND/OR SERVICES OFFERED ON OR THROUGH OUR SITES OR SERVICES, OR ANY THIRD-PARTY SITES OR SERVICES, ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT OUR SITES OR SERVICES OR ANY OF ITS OR THEIR FUNCTIONS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY PART OF OUR SITES OR SERVICES, INCLUDING WITHOUT LIMITATION, THE SERVERS THAT MAKE THEM AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF OUR SITES, SERVICES AND/OR MATERIALS ON OUR SITES OR SERVICES, OR ON THIRD-PARTY SITES IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY, OR OTHERWISE.
UNDER NO CIRCUMSTANCES WILL WE, OR EACH OF OUR AND THEIR RESPECTIVE MEMBERS, DIRECTORS, OFFICERS, MANAGERS, EMPLOYEES, SHAREHOLDERS, AGENTS, REPRESENTATIVES, AND LICENSORS BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE, OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO OUR SITES, SERVICES, OR PRODUCTS FOR (I) ANY LOST PROFITS, DATA LOSS, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, COMPENSATORY, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, SUCH DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, OUR SITES, SERVICES, AND/OR PRODUCTS, INCLUDING OUR MATERIALSOR THIRD-PARTY MATERIALS, PRODUCTS, OR SERVICES MADE AVAILABLE THROUGH OUR SITES OR SERVICES, EVEN IF WE ARE ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES; (II) FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, REGARDLESS OF THE SOURCE OF ORIGINATION; OR (III) FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) THE LESSER OF (A) AMOUTNS PAID TO US FOR THE PARICULAR SERVICES OR PRODUCTS PURCHASED BY YOU DURING THE IMMEDIATELY PREVIOUS THREE (3) MONTH PERIOD, OR (B) $500.00.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES, AND THEREFORE, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, OUR LIABILITY AND THE LIABILITY OF AFFILIATES AND EACH OF OUR AND THEIR RESPECTIVE MEMBERS, DIRECTORS, OFFICERS, MANAGERS, EMPLOYEES, SHAREHOLDERS, AGENTS, REPRESENTATIVES, AND LICENSORS, IS LIMITED TO THE FULLEST EXTENT PERMITTED BY THE LAW OF SUCH JURISDICTION.
We shall not be liable for any failure to perform our obligations hereunder where such failure results from any cause beyond our reasonable control, including, but not limited to, mechanical, electronic, or communications failure or degradation.
Unless otherwise specified in these Term of Use, all notices must be in writing and will only be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; or the day after it is sent, if sent for next day delivery by recognized overnight delivery service. Electronic notices to us should be sent to: email@example.com