Please read this Agreement carefully before accessing or using the Site. Your use of the Site, your registration on the Site, or your provision to us of any content or personal information constitutes your agreement. If you do not wish to be bound by the Agreement, you must not use the Site, register, or provide content or personal information to us.
1. License to Use the Site
2. Registration; Attribution of Electronic Acts to You.
You may be required to register for certain features and functionality on the Site (e.g., to post comments, content, etc.). If you register, you must provide current, complete and accurate registration information. You are responsible for maintaining the confidentiality of your user name and password. Furthermore, you are legally bound and entirely responsible for all activities that occur under your account and agree that we may attribute all such use and activities to you. You agree to notify us of any unauthorized use of your account or any other breach of security at email@example.com. We may change your user name and password, or terminate or block access to your account, at any time in our sole discretion.
3. Content on the Site
All text, graphics, images, sounds and information found on this Site, and the selection, coordination, and arrangement of such content ("Content") are protected by copyright under both United States and foreign laws. If you use information on the Site that we make available for download, you agree to include an acknowledgement and appropriate citation to the Enterprise or the indicated author as the source. Reproduction or translation of substantial portions of the Site, or any use of the Site other than for research, educational, advocacy, or other non-commercial purposes requires our prior written authorization. Requests for written permission to reproduce Content must be made in writing to: firstname.lastname@example.org. The Enterprise does not warrant that the information contained on the Site is reliable, accurate, or complete. You agree that the Enterprise shall not be liable for any damages incurred, resulting from, or in connection with, its use.
4. Trade and Service Mark Rights
All rights in the names, logos, and designs of all the Enterprise or third-party products or services, whether or not appearing in large print or with the trademark symbol, belong exclusively to the Enterprise or their respective owners and are protected from reproduction, imitation, dilution, or confusing or misleading uses under national and international trademark and copyright laws. The use or misuse of these trademarks or any materials, except as permitted herein, is expressly prohibited, and nothing stated or implied on the Site confers on you any license or right under any patent or trademark of the Enterprise or any third party.
6. User Material
The Site may contain communication facilities (e.g., forums, blogs) intended to enable you to communicate with the Enterprise, other users of the Site and the general public and to submit or post content, including data, images, sounds, text, comments and other information and materials to the Site (“User Material”). You agree to use the Site only to post, send and receive User Material that is appropriate and related to the purpose of the Site. All User Material you transmit or post to the Site shall be considered non-confidential and non-proprietary. The Enterprise does not claim ownership of any User Material you transmit, distribute, post, communicate or store on, to or through the Site. However, by submitting or posting User Material on, to, or through the Site, you grant to the Enterprise, other users of the Site and the public a worldwide, royalty-free, non-exclusive, sublicensable license to copy, disclose, distribute, incorporate, modify, adapt, edit, create derivative works of, publish, translate, publicly perform, publicly display, and otherwise use the User Material for any and all commercial or non-commercial purposes. No compensation will be paid with respect to the use of User Material. By submitting, posting or transmitting User Material on areas of the Site that are accessible to other users or the public, you represent and warrant that:
- (a) you are the owner of the User Material or have authorization to distribute it (including all consents and authorizations required under applicable laws) pursuant to this Agreement;
- (b) the User Material and its submission, posting, transmission or other distribution or use pursuant to this Agreement does not infringe any intellectual property, privacy or publicity rights of others;
- (c) the User Material and its submission, posting, transmission or other distribution or use does not violate any applicable law, rule or regulation;
- (d) the User Material does not contain anything that is obscene, defamatory, threatening, harassing, abusive, hateful, slanderous or embarrassing to any other person or entity as determined by the Enterprise in its sole discretion;
- (e) the User Material does not contain any advertisements or solicitations of business, surveys, contests, chain letters or pyramid schemes; and
- (f) the User Material does not contain any viruses, Trojan horses, worms, time bombs, or other computer programming routines or engines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information.
By using the Site, you understand and agree that although the Enterprise does not pre-screen User Material, the Enterprise reserves the right to determine whether User Material is appropriate and in compliance with the Agreement, and may at any time pre-screen, monitor, filter, review, use, restrict, block, modify, remove or disclose any User Material (including the contents of any communication) posted or transmitted by, to, or from you via the Site without notice, and may delete content and user accounts. The Enterprise has no obligation to post or use any User Material you may provide. You further understand and agree that the Enterprise may use or disclose any information related to you (including content or communications posted or transmitted on the Site) for any reason related to the operation of the Site, in order to investigate, prevent, or take action regarding activities that may be prohibited or unlawful, to exercise our legal rights under the Agreement, or otherwise to protect the rights and property of the Enterprise or any third party. All User Material is the sole responsibility of the person from whose account the User Material originated. The Enterprise does not control or endorse any User Material, including but not limited to the content or information found therein, and does not guarantee the accuracy, integrity or quality of any User Material. All opinions, advice, statements, assistance, services, offers or information expressed or made available by third parties (including users) are those of the respective author or distributor and not of the Enterprise.
7. Prohibited Uses Generally
Without limiting the foregoing, you agree not to:
- (a) use any incomplete, false or inaccurate biographical information or other information for purposes of registering for any services offered through the Site or impersonate or misrepresent your affiliation with any person or entity;
- (b) provide or represent that you are providing medical advice or opinions;
- (c) register for more than one user account, register for a user account on behalf of an individual other than yourself, or register for a user account on behalf of any group or entity, unless you are expressly authorized to do so;
- (d) delete or revise any material or other information of any other user or the Enterprise;
- (e) harvest or otherwise collect information about others, including e-mail addresses, without their consent;
- (f) take any action that imposes an unreasonable or disproportionately large load on the Site's infrastructure;
- (g) use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any activity being conducted on the Site;
- (h) use or attempt to use any engine, software, tool, agent or other device or mechanism (including, without limitation, browsers, spiders, robots, avatars or intelligent agents) to navigate or search the Site other than the search engine and search agents available from the Enterprise on the Site and other than generally available third-party web browsers;
- (i) attempt to decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up a part of the Site; or
- (j) violate or attempt to violate the security of the Site, including, without limitation by accessing data not intended for you, by logging into a server or account that you are not authorized to access, by attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures, or by attempting to interfere with service to any user, host or network.
8. No Endorsement; Links to Third Party Web Sites
The Enterprise is not responsible for the content of third-party sites linked from the Site and does not make any representations regarding their content or accuracy. Your use of third-party websites is at your own risk and subject to the terms and conditions of use for such sites. Any transaction that you conduct at a third-party site will be between you and the party providing that web site. This means that we are not your agent and will not be a party to any transaction at those sites. We are providing third-party sites to you only as a convenience, and the inclusion of such sites is not an endorsement by the Enterprise in favor of any third party.
You agree to defend, indemnify, and hold the Enterprise, officers, directors, employees, agents, licensors, and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal fees, costs and expenses resulting from, or alleged to result from, User Material originating from your account, your use of the Site, Content, or any User Material, or your violation of this Agreement.
10. Disclaimer of All Warranties & Duties
THIS SITE, INCLUDING THE CONTENT AND USER MATERIAL, IS PROVIDED AS IS, AS AVAILABLE, AND WITH ALL FAULTS. WE MAKE NO REPRESENTATIONS OR ENDORSEMENT ABOUT THE SUITABILITY OR ACCURACY OF THE CONTENT OR USER MATERIAL ON THIS SITE FOR ANY PURPOSE. WE PROVIDE NO EXPRESS WARRANTIES AND DISCLAIM ALL IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AVAILABILITY OF THE SITE, LACK OF VIRUSES, WORMS, TROJAN HORSES OR OTHER CODE THAT MANIFEST CONTAMINATING OR DESTRUCTIVE PROPERTIES, ACCURACY, COMPLETENESS, RELIABILITY OR TIMELINESS. THERE IS NO WARRANTY OF TITLE OR NON-INFRINGEMENT IN THE SITE, THE CONTENT OR USER MATERIAL. YOU BEAR FULL AND SOLE RESPONSIBILITY FOR YOUR USE OF AND THE RESULTS OF YOUR USE OF THE SITE, THE CONTENT, AND USER MATERIAL. ANY INFORMATION ON THIS SITE IS SUBJECT TO CHANGE WITHOUT NOTICE, AND THE ENTERPRISE DISCLAIMS ALL RESPONSIBILITY FOR THESE CHANGES.
11. Limitation on Liability & Remedies
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE ENTERPRISE BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR INABILITY TO USE THIS SITE, INCLUDING THE CONTENT AND USER MATERIAL, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS AND EXCLUSIONS REGARDING DAMAGES WILL APPLY EVEN IF ANY REMEDY FAILS. BECAUSE SOME STATES AND JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN NO EVENT WILL THE ENTERPRISE'S MAXIMUM AGGREGATE LIABILITY TO YOU FOR ANY AND ALL CLAIMS ARISING OUT OF OR IN CONNECTION WITH THE SITE, THE CONTENT, OR USER MATERIAL EXCEED FIVE U.S. DOLLARS (U.S.$5.00).
12. Digital Millennium Copyright Act (“DMCA”) Notice.
Enterprise respects the intellectual property rights of others, and asks that everyone using the Site do the same. Anyone who believes that their work has been reproduced on the Site in a way that constitutes copyright infringement may notify Enterprise’s copyright agent in accordance with Title 17, United States Code, Section 512(c)(2), by providing the following information:
(a) Identification of the copyrighted work that you claim has been infringed;
(b) Identification of the material that you claim is infringing and needs to be removed, including a description of where it is located on the Site so that the copyright agent can locate it;
(c) Your address, telephone number, and, if available, e-mail address, so that the copyright agent may contact you about your complaint; and
(d) A signed statement that the above information is accurate; that you have a good faith belief that the identified use of the material is not authorized by the copyright owner, its agent, or the law; and, under penalty of perjury, that you are the copyright owner or are authorized to act on the copyright owner's behalf in this situation.
13. Changes to this Agreement
The Enterprise reserves the right, in our sole discretion, to terminate this Agreement and/or terminate or suspend your access to the Site, the Content, User Material, account or any portion thereof at any time, without notice. Termination of this Agreement will not affect liability for obligations incurred before the Agreement or access ended.
15. New York Law and Forum; One Year Statute of Limitations
This Agreement is governed by the law of the state of New York, U.S.A. Your consent to this Agreement includes your consent to jurisdiction and venue in the courts in the Borough of Manhattan, the state of New York, U.S.A. in all disputes arising out of or relating to this Agreement. Use of the Site is not authorized in any jurisdiction that does not give effect to all provisions of this Agreement.
16. No Waiver
The failure of the Enterprise to enforce any provisions of the Agreement or respond to a breach by you or other parties shall not in any way waive its right to enforce subsequently any terms or conditions of the Agreement or to act with respect to similar breaches.
17. Miscellaneous; Entire Agreement