Our Notice of Privacy is incorporated by reference into these terms. Our Notice of Privacy describes our practices with regard to personal information that is provided to us by any means, including by way of the Services. By using the Services, you agree to our use of any information that we collect from you in conformance with our Notice of Privacy. Except as provided in our Notice of Privacy, we do not guarantee that a User’s submissions will be private, even if the User’s submission is in a password-protected area. Accordingly, you should not provide submissions that you want protected from disclosure.
User agrees that all notices, disclosures, agreements, policies, and other communications that the Company provides to you electronically satisfy any requirement that such communications be in writing.
These Terms constitute an agreement between you and the Company, which the Company may terminate in its sole discretion, in whole or in part, at any time and for any reason. If the Company terminates this agreement with you, you may no longer access the Services. Upon termination of this agreement and/or your access to the Services, you will immediately destroy any copies of its Content, whether in printed or software format.
User agrees to indemnify, defend and hold harmless Company, its affiliates, parents, suppliers, third-party content/information providers, employees, agents, service providers or anyone else involved in creating, producing and/or distributing the Services from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of these Terms by the User.
Company, its affiliates, parents, suppliers, third-party content/information providers, employees, agents, service providers or anyone else involved in creating, producing and/or distributing the Services make no warranty that the Services will be uninterrupted, secure and/or error free, nor do they make any warranty as to the results that may be obtained from the use of the Services, or as to the accuracy, reliability, security or content of any information or service contained in or provided through the services. The Services, all content and information provided therein, and all downloadable software is provided as is, without warranties of any kind. All such warranties, whether oral or written, express or implied, are hereby disclaimed and expressly negated. No oral advice or written information contained in the Services shall create a warranty, nor shall User rely on any such information or advice. USER HEREBY ACKNOWLEDGES THAT COMPANY IS NOT RESPONSIBLE FOR ANY INTERCEPTED INFORMATION SENT VIA THE INTERNET, AND USER RELEASES COMPANY FROM ANY AND ALL CLAIMS ARISING OUT OF OR RELATED TO THE USE OF INTERCEPTED INFORMATION IN ANY UNAUTHORIZED MANNER.
Company does not verify, warrant, endorse, or take responsibility for the availability, accuracy, completeness or quality of the content contained in any outside website(s) and/or resources. Providing links to outside websites does not constitute Company’s approval of their content, policies or practices. Any usage of third-party trademarks, images and/or branding does not imply endorsement or certification by the third party. Trademarks displayed within the Services are the property of their respective owners and are used in accordance with existing laws and/or agreement(s) between Company and third-party.
NO MEDICAL ADVICE
The Services do not provide medical advice, diagnosis or treatment, and the information included on the Services is offered for informational purposes only. Please consult with your physician or other healthcare provider if you have health-related questions before relying on any information you obtain on the Services.
LIMITATION ON LIABILITY
User expressly agrees that use of the Services is at User’s own risk. Under no circumstances, including negligence, shall Company, its affiliates, parents, suppliers, third-party content/information providers, employees, agents, service providers or anyone else involved in
creating, producing and/or distributing the Services be liable for any direct, indirect, punitive, exemplary, incidental, special, consequential or other damages that result from, or are related to: (1) use of the Services, including any delay or inability to use the Services; (2) any information, products or services advertised in or obtained through the Services; (3) our removal or deletion of any materials submitted or posted on the Services, whether based on contract, tort, strict liability or otherwise, even if we or any of our suppliers have been advised of the possibility of damages; or (4) mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation, transmission or any failure of performance, whether or not limited to acts of God, communications failure, theft and/or destruction. Any dispute proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. Regardless of any statute or law to the contrary, your failure to file any claim or action related to use of the Services or these Terms within one year after such claim or action accrued shall be construed as a waiver of said claim or action.
JURISDICTION / VENUE
These Terms shall be governed by, construed and enforced in accordance with the laws of the State of New Jersey. Users irrevocably consent to the jurisdiction of the state courts located within the State of New Jersey for any disputes arising from or related to the Services or these Terms. Notwithstanding any other provision of these Terms, we reserve the right to seek injunctive and/or other equitable relief from any court of competent jurisdiction.
ENTIRE AGREEMENT / SERVERABILITY
These Terms, together with the Notice of Privacy incorporated within them by reference, and any policies that we post on the Services, constitute the entire agreement of the parties with respect to the subject matter hereof and supersede all prior or contemporaneous communications and proposals, whether oral or written, between the parties with respect to such subject matter. Should any provision in these Terms be found invalid or unenforceable for any reason, that provision shall be deemed severable from the Terms and shall not affect validity or enforceability of the remaining provisions. With regard to the invalidated provision, it will be deemed replaced by an enforceable provision that most closely reflects the intent of the parties. These Terms shall not be construed to alter the terms or conditions of any other agreement you may have with Company or its affiliates, parents, service providers or business associates to the extent that those agreements govern issues other than your use of the Services.
Our failure to exercise or enforce any right or provision in these Terms will not constitute a waiver of that right or provision or any other rights or provisions included within the Terms.