BROUGHT TO YOU BY THE VETERANS ASSISTANCE NETWORK
General Terms and Conditions
Thank you for visiting the Mesothelioma Veterans Center, brought to you by the Veterans Assistance Network LLC, which is explicitly for informational purposes only.
The material contained on this website is general in nature and may not apply to particular factual, medical or legal circumstances.
This page is intended to outline the conditions under which this website is made available to you. Please read it carefully. By using this website, you are deemed to have accepted the information provided on this page. If you do not accept the Terms and Conditions and Privacy Policy, you are directed to discontinue accessing or otherwise using this website or any materials obtained from it.
The information is not guaranteed to be correct, complete or current. There is no warranty, expressed or implied, about the accuracy or reliability of the information on this website or on any other website to which this site is linked.
This site is provided on an as-is, or as-available, basis and the Mesothelioma Veterans Center expressly disclaims all warranties, including the warranties of merchantability and fitness for a particular purpose, and noninfringement.
The Mesothelioma Veterans Center disclaims all responsibility for any loss, injury, claim, liability or damage of any kind resulting from, arising out of or any way related to:
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any errors in or omissions from this site and its content, including but not limited to technical inaccuracies and typographical errors
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any third-party websites or content therein directly or indirectly accessed through links in this site, including but not limited to any errors or omissions
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the unavailability of this site or any portion thereof, (d) your use of this site
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your use of any equipment or software in connection with this site
The information provided on veteransassistancenetwork.com is not legal or professional medical advice. Veteransassistancenetwork.com is not a lawyer or doctor referral service, and no attorney-client privilege or relationship nor doctor-patient relationship is or should be formed by the use of this website.
If a VA Claims Agent, per your request, suggests a law firm or medical professional, the individuals suggested to you are solely responsible for the provision of professional medical or legal services. Such individuals and law firms are not recommended or endorsed by Veteransassistancenetwork.com or any approved or authorized lawyer referral service or medical professional referral service.
The content of this website is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read on Veteransassistancenetwork.com!
We reserve the right to terminate or limit your access to the websites for any violation of these Terms, or for any other reason, at our sole discretion.
1. User Accounts You may be asked to create an account to access some features of the websites, such as a discussion board. The Company’s practices governing any resulting collection and use of your personal information are disclosed in our Privacy Policy. If you are under the age of thirteen (13), then you are not permitted to register as a user or otherwise use the websites or submit personal information to us.
If you register for any feature that requires a password and/or username, then you will select your own password at the time of registration (or we may send you an e-mail notification with a randomly generated initial password) and you agree that you will:
(i) You will not use a username (or e-mail address) that is already being used by someone else, may impersonate another person, belongs to another person, violates the intellectual property or other right of any person or entity, or is offensive. We may reject the use of any password, username, or e-mail address for any other reason in our sole discretion;
(ii) You will provide true, accurate, current, and complete registration information about yourself in connection with the registration process and maintain and update such information continuously and promptly to keep it accurate, current, and complete;
(iii) You are solely responsible for all activities that occur under your account, password, and username – whether or not you authorized the activity;
(iv) You are solely responsible for maintaining the confidentiality of your password and for restricting access to your Device so that others may not
access any password protected portion of the websites using your name, username, or password;
(v) You will immediately notify us of any unauthorized use of your account, password, or username, or any other breach of security; and
(vi) You will not sell, transfer, or assign your account or any account rights.
We will not be liable for any loss or damage (of any kind and under any legal theory) to you or any third party arising from your inability or failure for any reason to comply with any of the foregoing obligations.
2. LIMITATIONS OF OUR LIABILITY UNDER NO CIRCUMSTANCES WILL ANY OF THE COVERED PARTIES BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGES OF ANY KIND, including personal injury or death or for any direct, indirect, economic, exemplary, special, punitive, incidental, or consequential losses or damages that are directly or indirectly related to:
(a) the websites (including the Content and the User-Generated Content), whether arising from alleged negligence, breach of contract or defamation;
(b) your use of or inability to use the websites, or the performance of the websites;
(c) any action taken in connection with an investigation by the Covered Parties or law enforcement authorities regarding your access to or use of the websites;
(d) any action taken in connection with copyright or other intellectual property owners or other rights owners;
(e) any errors or omissions in the websites’ technical operation, including data security breaches or disclosures of any personal information submitted at the websites; or
(f) any damage to any user’s computer, hardware, software, modem, or other equipment or technology, including damage from any security breach or from any virus, bugs, tampering, fraud, error, omission, interruption, defect, delay in operation or transmission, computer line, or network failure or any other technical or other malfunction, including losses or damages in the form of lost profits, loss of goodwill, loss of data, work stoppage, accuracy of results, or equipment failure or malfunction.
The foregoing limitations of liability will apply even if any of the foregoing events or circumstances were foreseeable and even if the Covered Parties were advised of or should have known of the possibility of such losses or damages, regardless of whether you bring an action based in contract, negligence, strict liability, or tort (including whether caused, in whole or in part, by negligence, acts of god, telecommunications failure, or destruction of the websites).
Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages of the sort that are described above, so the above limitation or exclusion may not apply to you.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE COVERED PARTIES’ TOTAL LIABILITY TO YOU, FOR ALL POSSIBLE DAMAGES, LOSSES, AND CAUSES OF ACTION IN CONNECTION WITH YOUR ACCESS TO AND USE OF THE WEBSITES AND YOUR RIGHTS UNDER THESE TERMS, EXCEED $100.00; PROVIDED, HOWEVER, THIS PROVISION WILL NOT APPLY IF A TRIBUNAL WITH APPLICABLE JURISDICTION FINDS SUCH TO BE UNCONSCIONABLE.
3. Governing Law These Terms are to be governed by and construed in accord with the laws of the State of Missouri, USA, without regard to choice of law principles.
4. Dispute Resolution Certain portions of this Section 4 are deemed to be a “written agreement to arbitrate” pursuant to the Federal Arbitration Act. You and the Company agree that we intend that this Section 4 satisfies the “writing” requirement of the Federal Arbitration Act. This Section 4 can only be amended by mutual agreement.
(A) First – Try to Resolve Disputes. If any controversy, allegation, or claim arises out of or relates to the websites, the Content, your User-Generated Content, or these Terms, whether heretofore or hereafter arising (collectively, “Dispute”), then you and we agree to send a written notice to the other providing a reasonable description of the Dispute, along with a proposed resolution of it. Our notice to you will be sent to you based on the most recent contact information that you provide us. But if no such information exists or if
such information is not current, then we have no obligation under this Section 4(A). Your notice to us must be sent to: 1 Royal Melbourne Ct. O’Fallon, MO 63366. For a period of sixty (60) days from the date of receipt of notice from the other party, the Company and you will engage in a dialogue in order to attempt to resolve the Dispute, though nothing will require either you or the Company to resolve the Dispute on terms with respect to which you and the Company, in each of our sole discretion, are not comfortable.
(B) Alternative Dispute Resolution; Forums. All Disputes which cannot be resolved amicably by the parties shall be determined by final and binding arbitration administered by the American Arbitration Association – AAA in accordance with its Commercial Arbitration Rules based upon the following:
(i) The place of arbitration shall be O’Fallon, Missouri, and the language of arbitration shall be English.
(ii) The number of arbitrators shall be one (1), to be appointed by mutual agreement of the parties. If the parties fail to agree on the appointment of the sole arbitrator, a panel of three (3) arbitrators shall be formed. Each party shall appoint one (1) arbitrator and such party-appointed arbitrator shall jointly designate the presiding arbitrator. Unless otherwise agreed in writing by the parties, one shall only be eligible for nomination as the presiding arbitrator if he/she has extensive familiarity with the laws of the Commonwealth of Massachusetts and has experience in the digital marketing industry.
(iii) The parties grant the arbitrator(s) jurisdiction to rule on the arbitrability of the dispute and on repose, statute of limitations or any other time-barrier raised by either party.
(iv) The arbitral award shall indicate a time-limit for voluntary compliance by the defaulting party, and shall set a daily fee and post-award interests to accrue thereafter against the non-compliant party.
(v) THE PARTIES WAIVE THE RIGHT OF JURY TRIAL, IF APPLICABLE; AND FURTHER WAIVE ANY RIGHT THAT IT MAY HAVE TO ASSERT THE DEFENSE OF FORUM NON-CONVENIENS IN ANY SUCH SUIT IN SUPPORT OF ARBITRATION.
(vi) The costs, fees and expenses (including without limitation expenses incurred with legal representation and compensation of the arbitrator(s)) shall be apportioned between the parties in accordance with prevailing party /
defaulting party ratio and shall be reimbursed by the defaulting party to the prevailing party after set off.
(C) Injunctive Relief. The provisions of Section 4(A) and 4(B) will not apply to any legal action taken by the Company to seek an injunction or other equitable relief in connection with, any loss, cost, or damage (or any potential loss, cost, or damage) relating to the websites, any Content, your User-Generated Content and/or the Company’s intellectual property rights (including such that we may claim that may be in dispute), and/or the Company’s operations.
5. Digital Millennium Copyright ActNotification. If you are a copyright owner or an agent thereof and believe that any Content at the websites, including any User Generated Content, infringes upon your copyright, you may submit a written notification pursuant to the Digital Millennium Copyright Act (“DMCA”) (see 17 U.S.C. 512(c)(3) for further information) by providing our Copyright Agent (listed below) with the following information:
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an electronic or physical signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed
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a description of the copyrighted work claimed to have been infringed or if multiple copyrighted works are covered by a notification, a representative list of such works at our websites
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a description of the location on the websites of the allegedly infringing material(s); (iv) your address, telephone number, and email address
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a written statement that you have a good faith belief that use of the material(s) in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
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a written statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed
The Company’s designated Copyright Agent for notice of claims of infringement is:
Copyright Agent
c/o President
Veterans Assistance Network LLC
1 Royal Melbourne Ct.
O’Fallon, MO 63366
6. Content You Submit and Community Usage Rules
(A) User-Generated Content.
(i) General. The Company may now or in the future offer users of the websites the opportunity to create, build, post, upload, display, publish, distribute, transmit, broadcast, or otherwise make available on or submit through the websites (collectively, “submit”) messages, text, illustrations, files, images, articles, blogs, books, course materials, graphics, photos, comments, responses, sounds, music, audio, videos, information, content, ratings, reviews, data, questions, suggestions, personally identifiable information, or other information or materials and the ideas contained therein (collectively, “User-Generated Content”). Subject to the rights and license you grant in these Terms, you retain whatever legally cognizable right, title, and interest that you have in your User-Generated Content and you remain ultimately responsible for it.
(ii) Non-Confidentiality of Your User-Generated Content. You agree that: (a) your User-Generated Content will be treated as non-confidential – regardless of whether you mark them “confidential,” “proprietary,” or the like – and will not be returned, and (b) the Company does not assume any obligation of any kind to you or any third party with respect to your User-Generated Content.
(iii) License to the Company of Your User-Generated Content. You hereby grant to the Company, the non-exclusive, unrestricted, unconditional, unlimited, worldwide, irrevocable, perpetual, and cost-free right and license to use, copy, record, distribute, reproduce, disclose, sell, re-sell, sublicense (through multiple levels), display, publicly perform, transmit, publish, broadcast, translate, make derivative works of, and otherwise use and exploit in any manner whatsoever, all or any portion of your User-Generated Content (and derivative works thereof), for any purpose whatsoever in all formats, on or through any means or medium now known or hereafter developed, and with any technology or devices now known or hereafter developed, and to advertise, market, and promote the same.
Without limitation, the granted rights include the right to:
(a) configure, host, index, cache, archive, store, digitize, compress, optimize, modify, reformat, edit, adapt, summarize, publish in searchable
format, and remove such User-Generated Content and combine same with other materials; and
(b) use any ideas, concepts, know-how, or techniques contained in any User-Generated Content for any purposes whatsoever, including developing, producing, and marketing products and/or services.
In order to further effect the rights and license that you grant to the Company to your User-Generated Content, you also hereby grant to the Company, and agree to grant to the Company, the unconditional, perpetual, irrevocable right to use and exploit your name, persona, and likeness in connection with any User-Generated Content, without any obligation or remuneration to you. Except as prohibited by law, you hereby waive, and you agree to waive, any moral rights (including attribution and integrity) that you may have in any User-Generated Content, even if it is altered or changed in a manner not agreeable to you. To the extent not waivable, you irrevocably agree not to exercise such rights (if any) in a manner that interferes with any exercise of the granted rights. You understand that you will not receive any fees, sums, consideration, or remuneration for any of the rights granted in this Section 6(A)(iii).
(iv) The Company’s Exclusive Right to Manage our Websites. The Company may, but will not have any obligation to, review, monitor, display, post, store, maintain, accept, or otherwise make use of, any of your User-Generated Content, and the Company may, in its sole discretion, reject, delete, move, re-format, remove or refuse to post or otherwise make use of User-Generated Content without notice or any liability to you or any third party in connection with our operation of User-Generated Content venues in an appropriate manner. Without limitation, we may do so to address content that comes to our attention that we believe is offensive, obscene, lewd, lascivious, violent, harassing, threatening, abusive, illegal or otherwise objectionable or inappropriate, or to enforce the rights of third parties or these Terms, including without limitation, the content restrictions set forth below in the Community Rules (defined in Section 6 (B)). Such User-Generated Content submitted by you or others need not be maintained on the websites by us for any period of time and you will not have the right, once submitted, to access, archive, maintain, or otherwise use such User-Generated Content on the websites or elsewhere.
(v) Representations and Warranties Related to Your User-Generated Content. Each time you submit any User-Generated Content, you represent and warrant that you are at least the age of majority in the jurisdiction in which you reside and are the parent or legal guardian, or have all proper consents from the parent or legal guardian, of any minor who is depicted in or contributed to any User-Generated Content you submit, and that, as to that User-Generated Content, (a) you are the sole author and owner of the intellectual property and other rights to the User-Generated Content, or you have a lawful right to submit the User-Generated Content and grant the Company the rights to it that you are granting by these Terms, all without any Company obligation to obtain consent of any third party and without creating any obligation or liability of Company; (b) the User-Generated Content is accurate; (c) the User-Generated Content does not and, as to the Company’s permitted uses and exploitation set forth in these Terms, will not infringe any intellectual property or other right of any third party; and (d) the User-Generated Content will not violate these Terms (including the Community Rules), or cause injury or harm to any person.
(vi) Enforcement. The Company has no obligation to monitor or enforce your intellectual property rights to your User-Generated Content, but you grant us the right to protect and enforce our rights to your User-Generated Content, including by bringing and controlling actions in your name and on your behalf (at the Company’s cost and expense, to which you hereby consent and irrevocably appoint the Company as your attorney-in-fact, with the power of substitution and delegation, which appointment is coupled with an interest).
(B) Community Rules. As a user of the websites, these Community Rules (“Community Rules”) are here to help you understand the conduct that is expected of members of the websites’ blogs, rating functionality and similar places where you can post comments on the websites (collectively, “Communities”).
(i) Nature of Rules. Your participation in the Communities is subject to all of the Terms, including these Rules:
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Your User-Generated Content. All of your User-Generated Content either must be original with you or you must have all necessary rights in it from third parties in order to permit you to comply with these Terms.
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No Pictures, Videos, or Images of Anyone Other Than You and Your Friends and Family. If you choose to submit photos to the websites, link to embedded videos, or include other images of real people, then make sure they are of you or of you and someone you know – and only if you have their express permission to submit it.
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Act Appropriately. All of your activities on the websites must be venue appropriate, as determined by us. Be respectful of others’ opinions and comments so we can continue to build Communities for everyone to enjoy. If you think your User-Generated Content might offend someone or be embarrassing to someone, then chances are it probably will and it doesn’t belong on the websites. Cursing, harassing, stalking, insulting comments, personal attacks, gossip, and similar actions are prohibited. Your User-Generated Content must not threaten, abuse, or harm others, and it must not include any negative comments that are connected to race, national origin, gender, sexual orientation, or physical handicap. Your User-Generated Content must not be defamatory, slanderous, indecent, obscene, pornographic, or sexually explicit.
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Do Not Use for Commercial or Political Purposes. Your User-Generated Content must not advertise or promote a product or service or other commercial activity, or a politician, public servant, or law.
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Do Not Use for Inappropriate Purposes. Your User-Generated Content must not promote any infringing, illegal, or other similarly inappropriate activity.
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Be Honest and Do Not Misrepresent Yourself or Your User-Generated Content. Do not impersonate any other person, user, or company, and do not submit User-Generated Content that you believe may be false, fraudulent, deceptive, inaccurate, or misleading, or that misrepresents your identity or affiliation with a person or company.
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Others Can See. We hope that you will use the Communities to exchange information and content and have venue appropriate discussions with other members. However, please remember that the Communities are public or semi-public and User-Generated Content that you submit on the Service within a Community may be accessible and viewable by other users. Do not submit personally identifying information (e.g., first and last name together, password, phone number, address, credit card number, medical information, e-mail address, or other personally identifiable information or contact information) on Community spaces and take care when disclosing this type of information to others.
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Don’t Share Other Peoples’ Personal Information. Your User-Generated Content should not reveal another person’s address, phone number, e-mail address, social security number, credit card number, medical information, financial information, or any other information that may be used to track, contact, or impersonate that individual, unless, and in the form and by the method, specifically requested by the Company.
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Don’t Damage the Websites or Anyone’s Computers or Other Devices. Your User-Generated Content must not submit viruses, Trojan horses, spyware, or any other technologies or malicious code that could impact the operation of the websites or any computer or other Device (as defined in Paragraph 5(C)).
If you submit User-Generated Content that the Company reasonably believes violates these Rules, then we may discontinue your access to the websites without prior notice to you and take any legally available action that we deem appropriate, in our sole discretion. However, we are not obligated to take any action not required by law.
(ii) Your Interactions with Other Users; Disputes. You are solely responsible for your interaction with other users of the websites, whether online or offline. We are not responsible or liable for the conduct or content of any user. We reserve the right, but have no obligation, to monitor or become involved in disputes between you and other users. Exercise common sense and your best judgment in your interactions with others (e.g., when you submit any personal or other information) and in all of your other online activities.
(C) Alerting Us of Violations. If you discover any content that violates these Terms, then you may report it to: cjewett@mesotheliomaveteranscenter.org. For alleged infringements of copyright, see Section 5.
7. Content, Ownership, Limited License & Limitations on Use and Rights of Others
(A) Content. The websites contain a variety of: (i) materials and other items relating to the Company and its products and services, and similar items from our licensors and other third parties, including all layout, information, text, data, files, images, scripts, designs, graphics, button icons, instructions, illustrations, photographs, articles, books, audio clips, music, sounds, pictures, videos, advertising copy, URLs, technology, software, interactive features, the “look and feel” of the websites, and the compilation, assembly, and arrangement of the materials of the websites and any and all copyrightable material (including source and object code); (ii) trademarks, logos, trade names, service marks, and trade identities of various parties, including those of the Company (collectively, “Trademarks”); and (iii) other forms of intellectual property (all of the foregoing, collectively “Content”).
(B) Ownership by the Company. The websites (including past, present, and future versions) and the Content are owned or controlled by the Company and our licensors and certain other third parties such as our affiliates. All right, title, and interest in and to the Content available via the websites is the property of the Company or our licensors or certain other third parties, and is protected by U.S. and international copyright, trademark, patent, or other intellectual
property rights and laws to the fullest extent possible. The Company owns the copyright in the selection, compilation, assembly, arrangement, and enhancement of the Content on the websites. Except as expressly provided below, nothing contained herein should be construed as conferring any license or right, by implication, estoppel or otherwise, under copyright or other intellectual property rights.
(C) Limited License and Right to Use the Websites and Content. Subject to your strict compliance with these Terms, you are hereby granted a non-exclusive, revocable, non-assignable, and non-transferable license to download (temporary storage only), display, view, use, and/or play the Content (excluding source and object code in raw form or otherwise, other than as made available to access and use to enable display and functionality) on a personal computer, mobile phone or other wireless device, or other Internet enabled device (each, a “Device”): (i) solely for your personal, informational, non-commercial purposes only, (ii) on the terms herein, (iii) provided that you do not modify or alter the Content in any way, and (iv) provided that you do not delete or change any copyright or trademark notice. The foregoing limited license: (i) does not give you any ownership of, or any other intellectual property interest in, any Content, and (ii) may be immediately suspended or terminated for any reason, in the Company’s sole discretion, and without advance notice or liability. Except as expressly provided herein, no part of the websites, including, but not limited to, Content retrieved and the underlying code, may be reproduced, republished, copied, transmitted, or distributed in any form or by any means.
(D) Rights of Others. In using the websites, you must respect the intellectual property and other rights of the Company and others. Your unauthorized use of Content may violate copyright, trademark, privacy, publicity, communications, and other laws, and any such use may result in your personal liability, including potential criminal liability. The Company respects the intellectual property rights of others. If you believe that your work has been infringed by means of an improper posting or distribution of it via the websites, then please see Section 5.
8. Restrictions on Use
(A) Use Restrictions for the Websites. You agree that you will not:
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reverse engineer, decompile, disassemble, reverse assemble, or modify any websites’ source or object code or any software or other products, websites, or processes accessible through any portion of the websites;
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engage in any activity that interferes with a user’s access to the websites or the proper operation of the websites, or otherwise causes harm to the websites, the Company, or other users of the websites; i
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nterfere with or circumvent any security feature of the websites or any feature that restricts or enforces limitations on use of or access to the websites, the Content, or the User-Generated Content;
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harvest or otherwise collect or store any information (including personally identifiable information about other users of the websites, including e-mail addresses, without the express consent of such users); (viii) attempt to gain unauthorized access to the websites, other computer systems or networks connected to the websites, through password mining or any other means; or (ix) otherwise violate these Terms.
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(B) Content Use Restrictions. You also agree that, in using the websites:
(i) you will not monitor, gather, copy, or distribute the Content (except as may be a result of standard search engine activity or use of a standard browser) on the websites by using any robot, rover, “bot”, spider, scraper, crawler, spyware, engine, device, software, extraction tool, or any other automatic device, utility, or manual process of any kind; (ii) you will not frame or utilize framing techniques to enclose any such Content (including any images, text, or page layout); (iii) you will keep intact all Trademark, copyright, and other intellectual property notices contained in such Content; (iv) you will not use such Content in a manner that suggests an unauthorized association with any of our or our licensors’ products, websites, or brands; (v) you will not make any modifications to such Content; and (vi) you will not insert any code or product to manipulate such Content in any way that adversely affects any user experience.
(C) Availability of Websites and Content. The Company may immediately suspend or terminate the availability of the websites and Content (and any elements and features of them), in whole or in part, for any reason, in the Company’s sole discretion, and without advance notice or liability.
(D) Reservation of All Rights Not Granted as to the Content and Websites. These Terms include only narrow, limited grants of rights to Content and to use and access the websites. No right or license may be construed, under any legal theory, by implication, estoppel, industry custom, or otherwise. All rights not expressly granted to you are reserved by the Company and its licensors and other third parties. Any unauthorized use of any Content or the website for any purpose is prohibited.
9. Disclaimer of Representations and Warranties “Covered Parties” means the Company (including its parents, subsidiaries and affiliated and other related entities), its listees, business partners, supporters, and other entities participating in the websites, and its and their officers, directors, partners, shareholders, principals, managers, members, employees, contractors, attorneys, agents, successors and assigns.
YOUR ACCESS TO AND USE OF THE WEBSITES IS AT YOUR SOLE RISK. THE WEBSITES ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE” AND “WITH ALL FAULTS” BASIS AND THE COVERED PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR MISAPPROPRIATION OF INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION, AND FREEDOM FROM COMPUTER VIRUS.
Some jurisdictions limit or do not allow the disclaimer of implied or other warranties so the above disclaimers may not apply to the extent such jurisdictions’ laws are applicable.
WITHOUT LIMITING THE GENERALITY OF OTHER TERMS HEREIN, THE COVERED PARTIES ALSO DISCLAIM ALL WARRANTIES, RESPONSIBILITY AND LIABILITY FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING FROM, ARISING OUT OF OR ANY WAY RELATED TO: (A) ANY ERRORS IN OR OMISSIONS FROM THE WEBSITES, THE FUNCTIONS, FEATURES, OR ANY OTHER ELEMENTS ON, OR MADE ACCESSIBLE THROUGH THE WEBSITES (AND THEIR CONTENT), INCLUDING, BUT NOT LIMITED TO, TECHNICAL INACCURACIES AND TYPOGRAPHICAL ERRORS; (B) USER-GENERATED CONTENT, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS THEREIN OR ANY SECURITY ASSOCIATED WITH THE TRANSMISSION OF YOUR USER-GENERATED CONTENT TO OR VIA THE WEBSITES; (C) ANY THIRD PARTY WEBSITES OR CONTENT THEREIN DIRECTLY OR INDIRECTLY ACCESSED THROUGH LINKS IN OUR WEBSITES, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS THEREIN; (D) THE UNAVAILABILITY OF THE WEBSITES OR ANY PORTION THEREOF; (E) YOUR USE OF THE WEBSITES; (F) ANY SOFTWARE YOU MAY DOWNLOAD FROM OUR WEBSITES OR THIRD-PARTY SITES; (G) WHETHER THE WEBSITES OR THE SERVERS THAT MAKE THE WEBSITES AVAILABLE ARE FREE FROM ANY HARMFUL COMPONENTS (INCLUDING VIRUSES, TROJAN HORSES, AND OTHER TECHNOLOGIES THAT COULD ADVERSELY IMPACT YOUR DEVICE); (H) WHETHER THE INFORMATION (INCLUDING ANY INSTRUCTIONS) ON THE WEBSITES IS ACCURATE, COMPLETE, CORRECT, ADEQUATE, USEFUL, TIMELY OR RELIABLE; (I) WHETHER YOUR ACCESS TO THE WEBSITES WILL BE UNINTERRUPTED; (J) WHETHER THE WEBSITES WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (K) WHETHER YOUR USE OF THE WEBSITES IS LAWFUL IN ANY PARTICULAR JURISDICTION; (L) YOUR USE OF ANY EQUIPMENT OR SOFTWARE IN CONNECTION WITH THE WEBSITES; AND (M) ANY DATA SECURITY BREACH OR DISCLOSURE OF ANY PERSONAL INFORMATION SUBMITTED AT THE WEBSITES.
Bloggers on behalf of the Company may be compensated. Some photos on the websites are of models and not of website users or Company personnel and may be simulations of actual scenes. Services performed by our Company may be performed by others who are or are not in such photos. Any testimonials or endorsements contained on the websites do not constitute a guarantee, warranty or prediction regarding the outcome of your medical treatment or legal matter.