Disclaimer of Warranties and Limitation of Liability - TO THE FULLEST EXTENT PERMITTED BY LAW, OWNER/OPERATOR, ITS PARENT, SUBSIDIARIES, AFFILIATES, OTHER RELATED ENTITIES, SUCCESSORS IN INTEREST OF THE FOREGOING, SPONSORS, CONTENT PROVIDERS, SERVICE PROVIDERS, LICENSORS, AND ITS OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS (COLLECTIVELY, THE “OWNER/OPERATOR PARTIES”) EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. THIS SITE AND ALL CONTENT, PRODUCTS AND SERVICES OFFERED THROUGH THIS SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. THE OWNER/OPERATOR PARTIES ARE NOT RESPONSIBLE FOR THE TIMELINESS OF DELIVERY OF CONTENT, ANY FAILURES OF DELIVERY, OR ERRONEOUS DELETION OR FAILURE TO STORE ANY OF YOUR PERSONAL SETTINGS OR COMMUNICATIONS.
THE OWNER/OPERATOR PARTIES SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES TO YOU OR TO ANY PERSON OR ENTITY CLAIMING THROUGH YOU FOR ANY LOSS, INJURY, LIABILITY, DAMAGE OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS TO, USE OF, INABILITY TO USE, OR RELIANCE ON THIS SITE OR ANY CONTENT, PRODUCT OR SERVICE PROVIDED TO YOU THROUGH OR IN CONNECTION WITH THIS SITE. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND WHATSOEVER, WHETHER DIRECT OR INDIRECT, GENERAL, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR OTHERWISE, INCLUDING WITHOUT LIMITATION, LOSS OF DATA, GOODWILL, REVENUE OR PROFITS. THIS LIMITATION OF LIABILITY APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR ANY OTHER BASIS; EVEN IF AN AUTHORIZED REPRESENTATIVE OF ANY OWNER/OPERATOR PARTY HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES; AND WITHOUT REGARD TO THE SUCCESS OR EFFECTIVENESS OF OTHER REMEDIES.
IF ANY PART OF THIS LIMITATION OF LIABILITY IS FOUND TO BE INVALID, ILLEGAL OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF THE OWNER/OPERATOR PARTIES UNDER SUCH CIRCUMSTANCES TO YOU OR ANY PERSON OR ENTITY CLAIMING THROUGH YOU FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED WILL NOT EXCEED ONE HUNDRED DOLLARS.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. ACCORDINGLY, SOME OF THE ABOVE DISCLAIMERS OF WARRANTIES AND LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.
Modifications and Interruption to the Site - Owner/Operator reserves the right to modify or discontinue all or any portion of the Site with or without notice to you. The Owner/Operator Parties will not be liable to you or any third party should Owner/Operator exercise such right. You acknowledge and accept that Owner/Operator does not guarantee continuous, uninterrupted or secure access to the Site, that operation of the Site will not be uninterrupted or error-free, and that usage of our Site may be interfered with or adversely affected by numerous factors or circumstances outside of our control.
Third-Party Sites - The Site includes links to other sites on the Internet that are owned and operated by online merchants and other third parties. You acknowledge that we are not responsible for the availability of, or the content located on or through, any third-party site. Any correspondence or business dealings with any third parties found on or through the Site is solely between you and such parties. We are not responsible for any damages you may suffer by entering into such transactions or communications. You and the third party are responsible for compliance with all laws applicable in any such transaction or communication.
User Information - As a condition of your right to use the Site, you represent that you are of legal age to enter into a binding contract and that you are not a person barred from visiting the Site and accessing the Content under the laws of the United States or your country. If you wish to register on our Site you agree to provide accurate, current and complete personal data and information about yourself (such as name, age, e-mail address, etc.) as required by the applicable Owner/Operator registration form, and further agree that you will update such data to keep it accurate, current and complete. Owner/Operator reserves the right to suspend or terminate your use of the Site if it discovers, or has a reasonable basis to believe that any of the data you have provided is inaccurate, incomplete or untrue.
You may not share your username and password with any other person or authorize any other person to use your username and password. You are responsible for maintaining the confidentiality of your username and password and are fully responsible for all activities that occur under your username and password. You agree to notify Owner/Operator immediately of any known or suspected unauthorized use of your username and password or any other breach of security. Owner/Operator cannot and will not be liable for any loss or damage arising from your failure to protect the confidentiality of your username and password.
User-Submitted Content and User Conduct - Any Content uploaded, posted, submitted, or otherwise made available by individual users of the Site, including without limitation articles by users, comments to articles, advertisements, or other content which does not originate with Owner/Operator (“User Content”), is the sole responsibility of the person who made such User Content available on the Site. Under no circumstances will Owner/Operator be liable in any way for any User Content made available through this Site by you or any third party.
Since Owner/Operator does not control the User Content posted on the Site, it cannot and does not warrant and/or guarantee the truthfulness, integrity, suitability, or quality of, and it does not endorse such User Content. You also agree and understand that by accessing the Site, you may encounter Content that you may consider to be objectionable. Owner/Operator has no responsibility for any User Content, including without limitation any errors or omissions therein. The Owner/Operator Parties are not liable for any loss or damage of any kind you claim was incurred as a result of the use of any User Content posted, emailed, transmitted or otherwise made available on the Site, whether by Owner/Operator, individual users of the Site, or third party contractors or licensors of Owner/Operator.
You are responsible for ensuring that you have the right to provide your Content to the Site for hosting, transmission, and publication, you agree to hold harmless and indemnify Owner/Operator Parties for any liability arising from Content you provide.
You agree that you will not use the Site to transmit or make available any Content that:
In addition, you are prohibited from interfering with or disrupting the Site, or servers or networks connected thereto.
Owner/Operator reserves the right (but has no obligation) in its sole discretion to screen, edit, refuse, move or remove any Content that is posted on the Site. You agree that the exercise by Owner/Operator of such discretion shall not convert or transform User Content to Content owned or provided by Owner/Operator, and the user who made such User Content available on the Site will retain ownership thereof as described below.
Ownership and License of User Content - User Content is owned by the author thereof, and Owner/Operator does not claim ownership of original works created and posted by individual visitors to this Site. However, by uploading, posting, transmitting or otherwise making any User Content available on or through this Site, you are granting Owner/Operator, and its parent, subsidiaries, affiliates, and other related entities an irrevocable, nonexclusive, perpetual, royalty-free, transferable, sub-licensable, worldwide license to copy, reproduce, modify, publish, display, distribute publicly, perform, exploit, and prepare derivative works of such User Content (including your name, image, likeness, or information you have made publicly available in connection therewith) in any manner, media or format now existing or hereafter devised, without any obligation of notice, attribution or compensation to you.
Ownership of Feedback - Owner/Operator welcomes your comments and feedback regarding this Site. All information and materials submitted to Owner/Operator through this Site or otherwise, such as any comments, feedback, ideas, questions, designs, data or the like regarding or relating to the Site or the business of Owner/Operator (collectively, "Feedback"), will be considered NON-CONFIDENTIAL and NON-PROPRIETARY with regard to you, but Owner/Operator reserves the right to treat any such Feedback as the confidential information of Owner/Operator. For this reason, we ask you not to send us any information or materials that you do not wish to assign to us, including, without limitation, any confidential information or any original creative materials such as product ideas, computer code, or original artwork.
By submitting Feedback to Owner/Operator, you assign to the Owner/Operator Parties, free of charge, all worldwide rights, title and interest in all copyrights and other intellectual property rights in such Feedback. The Owner/Operator Parties will be entitled to use any Feedback you submit, and any ideas, concepts, know-how or techniques contained in any such Feedback, for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products and services using such Feedback without restriction and without compensating you in any way. You are responsible for the information and other Content contained in any Feedback you submit to us, including, without limitation, their truthfulness and accuracy.
Comment Rules - The purpose of the comments section is the discussion of the particular article or blog posted on the Site. We welcome open, honest, thoughtful, and vigorous discussion in the comments threads that respect the following criteria:
The Site is a privately owned publication. Publishing a comment on the Site is a privilege, not a right. We reserve the right to delete any post for any reason at any time. If an individual user violates the rules, that user may be removed from the site and privileges may be revoked.
Disclaimer Regarding Accuracy of Content - Much of the Content on the Site, including without limitation User Content, has been provided by or obtained from parties other than Owner/Operator. For example, content posted by Users on our Site is written solely by the Users (who are independent third parties, not employees of Owner/Operator, and not under the control or direction of Owner/Operator) and is posted to the Site by the Users without review by Owner/Operator. Owner/Operator makes no representations or warranties as to the accuracy or reliability of any Content on the Site created or provided by third parties (including without limitation Users).
Owner/Operator makes no warranties or representations whatsoever with regard to any product or service provided or offered by any vendor on the Site (including without limitation advertisers on the Site and individuals or entities placing classified advertisements on the Site) and you acknowledge that any reliance on representations and warranties provided by any party other than Owner/Operator shall be at your own risk. You expressly agree to hold Owner/Operator harmless for any claims of damage arising from any information, advice, product or service provided or promoted by any third party, including without limitation the Users. You further understand that all content on the Site is intended only for informational purposes. You should seek advice from appropriate professional practitioners for your specific needs.
UNLESS OTHERWISE STATED ON THIS SITE, OPINIONS EXPRESSED ON THIS SITE ARE THOSE OF INDEPENDENT THIRD PARTY “USERS” OR OTHER CONTRIBUTORS TO OUR SITE, AND NOT OF OWNER/OPERATOR, AND ARE NOT ENDORSED BY OWNER/OPERATOR. INFORMATION AVAILABLE ON THIS SITE SHOULD NOT BE SUBSTITUTED FOR PROFESSIONAL ADVICE, AND YOU ARE ADVISED TO CONSULT YOUR HEALTH CARE PROVIDER OR OTHER PROFESSIONAL AS APPLICABLE BEFORE ENGAGING IN ANY EXERCISE PROGRAM, MEDICAL TREATMENT, DIET MODIFICATION, OR TAKING ANY OTHER COURSE OF ACTION THAT COULD POTENTIALLY IMPACT YOUR HEALTH, FINANCIAL INTERESTS, OR WELL-BEING IN ANY OTHER MANNER.
Advertisements - Submission of an advertisement for publication on our Site does not constitute a commitment on the part of Owner/Operator to publish the advertisement, and publication of an advertisement does not constitute an agreement from Owner/Operator for continued publication. Owner/Operator reserves the right to edit, reclassify, revise, reject or cancel any advertisement at any time, in its sole discretion. Rates and specifications are subject to change without prior notice.
Copyright and Trademark Information - Copyrights in Content included or available on this Site (including without limitation Site design, text, graphics, interfaces, and the selection and arrangements thereof) are owned by Owner/Operator or its licensors, with all rights reserved, and the Content is protected by the intellectual property rights of those owners. Any use of Content on the Site, including without limitation reproduction for purposes other than those noted above, modification, distribution, or replication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of an authorized officer of Owner/Operator, is strictly prohibited. With the exception of search engines, you agree that you will not use any robot, spider, or other automatic device, or manual process to monitor or copy our web pages or the Content contained therein without prior written permission of an authorized officer of Owner/Operator.
You may use the Content solely for your personal, non-commercial use, except that a commercial web site is permitted to link to the Site provided that the web site page on which such feeds or links are featured must be accessible to the general public and not provided through a subscription service or for a fee, unless otherwise expressly agreed in writing by Owner/Operator. You may download or print a single copy of any portion of the Content solely for your personal, non-commercial use, provided you do not remove any trademark, copyright or other notice from such Content. You may not make any use of Content owned by any third parties which is available on Owner/Operator, without the express consent of those third parties. All Content which qualifies for protection under Federal Copyright Law under the laws of the United States is subject to the exclusive jurisdiction of the Federal Court System, whether registered or unregistered. Based on the presence of this notice of copyright ownership, any infringement of the protected Content of this Site will be deemed by Owner/Operator to be an intentional infringement.
All trademarks displayed on the Site are the trademarks of their respective owners, and constitute neither an endorsement nor a recommendation of such parties. In addition, such use of trademarks or links to the web sites of third parties is not intended to imply, directly or indirectly, that those third parties endorse or have any affiliation with Owner/Operator.
Notification of Claimed Copyright Infringement - In the event that you find Content posted on the Site which is believed to be an infringement of the copyright ownership or other intellectual property rights of you or any third party, you are requested to immediately contact Copyright Agent Owner/Operator as described below. To report any alleged infringement, please contact us in writing by providing a signed statement containing the following information pursuant to the Digital Millennium Copyright Act (“DMCA”):
In accordance with DMCA, it is the policy of Owner/Operator to terminate use of our Site by repeat infringers in appropriate circumstances.
Mobile Devices - If you access the versions of our Site or Content designed for use on mobile devices, you understand that your mobile carrier’s standard charges will apply. If you choose to use our “send to a friend” function to send any content to your friend’s mobile device, you understand that your friend may incur standard messaging charges according to your friend’s mobile plan.
Terminating Permission to Use the Site - We reserve the right to terminate your access to or use of our Site for any reason or no reason, in our sole discretion, with or without notice to you. In addition, pursuant to the DMCA, it is our policy to terminate use of our Site by repeat infringers in appropriate circumstances (including User or other users who have posted Content to our Site), You agree that the Owner/Operator Parties will have no liability to you or any third party with regard to such termination.
Compliance with Laws - You assume all knowledge of applicable law and you are responsible for compliance with any such laws. You may not use the Site in any way that violates applicable state, federal, or international laws, regulations or other government requirements.