USER AGREEMENT
THESE TERMS OF USE (THE “TERMS”) AFFECT AND GOVERN YOUR USE OF, AND LEGAL RIGHTS AND OBLIGATIONS PERTAINING TO, WWW.THELAPBANDCENTER.COM (THE “WEBSITE”). THE LAP-BAND CENTER, A MEDICAL CORPORATION (SOMETIMES REFERRED TO HEREIN AS “COMPANY” OR “WE,” OR “OUR,” OR “US”) OWNS OR CONTROLS THE WEBSITE. THESE TERMS GOVERN YOUR USE OF, AND LEGAL RIGHTS AND OBLIGATIONS PERTAINING TO THE WEBSITE HOWEVER ACCESSED AND/OR USED, WHETHER VIA PERSONAL COMPUTERS, MOBILE DEVICES, ANY ELECTRONIC MODE EITHER PRESENTLY EXISTING OR DEVELOPED AT ANY TIME THE WEBSITE IS ACTIVE OR AVAILABLE TO ACCESS, OR OTHERWISE AND OTHER INTERACTIVE FEATURES THAT ARE ACCESSIBLE OR DOWNLOADABLE THROUGH THE WEBSITE.
EACH TIME THAT YOU ACCESS THE WEBSITE, REGARDLESS OF THE MANNER OF ACCESS, AND FOR SO LONG YOU ARE ON THE WEBSITE, OR DOWNLOAD OR OTHERWISE MAKE USE OF ANY CONTENT OR INFORMATION CONTAINED IN THE WEBSITE, YOU AGREE TO THESE TERMS.
YOU MAY NOT USE THE WEBSITE IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS.
IN ADDITION TO THESE TERMS, YOU AGREE TO COMPLY WITH ALL RULES, LAWS AND REGULATIONS THAT ARE APPLICABLE TO USE OF CONTENT AND INFORMATION CONTAINED ON WEBSITES IN GENERAL, INCLUDING, WITHOUT LIMITATION, THOSE GOVERNING YOUR TRANSMISSION OR USE OF ANY SOFTWARE OR DATA.
COMPANY OWNS ALL CONTENT ON THE WEBSITE, BOTH NOW OR IN THE FUTURE, AND ALL CONTENT POSTED OR FEATURED ON THE WEBSITE, SUCH AS TEXT, GEOGRAPHIC MAPS, ARTICLES, DIRECTORIES, PHOTOGRAPHS, VIDEO AND AUDIO CLIPS, DRAWINGS, ILLUSTRATIONS, IMAGES, COMPILATIONS, AND ADVERTISING COPY, AS WELL AS COMPANY’S TRADEMARKS, LOGOS, DOMAIN NAMES, TRADE NAMES, SERVICE MARKS, TRADE IDENTITIES, ANY AND ALL COPYRIGHTABLE MATERIAL (INCLUDING SOURCE AND OBJECT CODE), AND ALL OTHER MATERIALS RELATED TO THE “LOOK AND FEEL” OF THE WEB SITE, AND ANY OTHER FORM OF INTELLECTUAL PROPERTY (COLLECTIVELY, THE “CONTENT”) IS OWNED BY OR LICENSED TO COMPANY OR OTHER AUTHORIZED THIRD PARTIES AND IS PROTECTED AS INTELLECTUAL PROPERTY OR OTHERWISE. EXCEPT AS EXPRESSLY SET FORTH IN THESE TERMS OR EXPRESSLY GRANTED TO YOU IN WRITING BY COMPANY, NO RIGHTS (EITHER BY IMPLICATION, ESTOPPEL OR OTHERWISE) ARE GRANTED TO YOU.
YOU MAY ONLY USE THE CONTENT AS EXPRESSLY SET FORTH IN THESE TERMS. UNAUTHORIZED USE, COPYING, REPRODUCTION, STORING, MODIFICATION, REPUBLISHING, UPLOADING, DOWNLOADING, POSTING, TRANSMITTING, DISTRIBUTING, DUPLICATING, REMOVAL OR ALTERATION OF ADVERTISING OR ANY OTHER MISUSE OF ANY OF THE CONTENT IS STRICTLY PROHIBITED. YOU AGREE TO ABIDE BY ANY AND ALL ADDITIONAL COPYRIGHT NOTICES, INFORMATION OR RESTRICTIONS CONTAINED IN ANY PART OF THE WEB SITE.
SUBJECT TO YOUR STRICT COMPLIANCE WITH THESE TERMS, COMPANY GRANTS YOU A LIMITED, PERSONAL, NON-EXCLUSIVE, NON-COMMERCIAL, REVOCABLE, NON-ASSIGNABLE AND NON-TRANSFERABLE LICENSE TO ACCESS, DOWNLOAD, VIEW, USE AND/OR PLAY A SINGLE COPY OF THE CONTENT (EXCLUDING OBJECT AND SOURCE CODE). YOU MUST RETAIN ALL COPYRIGHT, TRADEMARK AND OTHER PROPRIETARY NOTICES CONTAINED IN THE ORIGINAL CONTENT OR ANY COPY YOU MAY MAKE OF THE CONTENT. YOU MAY NOT, NOR MAY YOU ALLOW OR AID OR ABET ANY THIRD PARTY (WHETHER OR NOT FOR YOUR BENEFIT) TO COPY OR ADAPT ANY CODE THAT COMPRISES THE WEBSITE’S SOFTWARE, HTML, JAVASCRIPT OR OTHER SCRIPT, OR OTHERWISE REVERSE ENGINEER, DECOMPILE, REVERSE ASSEMBLE, MODIFY OR ATTEMPT TO DISCOVER ANY SOURCE CODE USED TO GENERATE THE WEBSITE OR ANY SOFTWARE OR OTHER PRODUCTS OR PROCESSES ACCESSIBLE THROUGH THE WEBSITE, NOR INSERT ANY CODE OR PRODUCT TO MANIPULATE THE CONTENT IN ANY WAY THAT AFFECTS ANY USER’S EXPERIENCE. UNLESS OTHERWISE EXPRESSLY AUTHORIZED IN THESE TERMS OR ON THE WEBSITE, YOU FURTHER AGREE THAT YOU WILL NOT, IN WHOLE OR IN PART, MODIFY, REPRODUCE, ARCHIVE, TRANSFER BY ANY MEANS, CREATE DERIVATIVE WORKS FROM, PUBLISH IN ANY FORM, ONLINE OR OFFLINE, DISSEMINATE, OR CIRCULATE TO ANY THIRD-PARTY, OR OTHERWISE USE THE CONTENT IN ANY WAY FOR ANY PUBLIC OR COMMERCIAL PURPOSE.
SOFTWARE
COPYING OR REPRODUCTION OF ANY SOFTWARE (EITHER USED BY OR DERIVED FROM THE WEBSITE) TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED, UNLESS SUCH REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PERMITTED BY THE “ADDITIONAL TERMS” APPLICABLE TO SUCH SOFTWARE.
COPYRIGHTS AND COPYRIGHT AGENT
IF YOU BELIEVE THAT YOUR WORK HAS BEEN COPIED IN A WAY THAT CONSTITUTES COPYRIGHT INFRINGEMENT, PLEASE PROVIDE COMPANY’S COPYRIGHT AGENT THE FOLLOWING INFORMATION REQUIRED BY THE ONLINE COPYRIGHT INFRINGEMENT LIABILITY LIMITATION ACT OF THE DIGITAL MILLENNIUM COPYRIGHT ACT, 17 U.S.C. 512: (A) A PHYSICAL OR ELECTRONIC SIGNATURE OF A PERSON AUTHORIZED TO ACT ON BEHALF OF THE OWNER OF AN EXCLUSIVE RIGHT THAT IS ALLEGEDLY INFRINGED; (B) IDENTIFICATION OF THE COPYRIGHT WORK CLAIMED TO HAVE BEEN INFRINGED, OR, IF MULTIPLE COPYRIGHTED WORKS AT A SINGLE ONLINE SITE ARE COVERED BY A SINGLE NOTIFICATION, A REPRESENTATIVE LIST OF SUCH WORKS AT THAT SITE; (C) IDENTIFICATION OF THE MATERIAL THAT IS CLAIMED TO BE INFRINGING OR TO BE THE SUBJECT OF INFRINGING ACTIVITY AND INFORMATION REASONABLY SUFFICIENT TO PERMIT US TO LOCATE THE MATERIAL; (D) INFORMATION REASONABLY SUFFICIENT TO PERMIT US TO CONTACT THE COMPLAINING PARTY; (E) A STATEMENT THAT THE COMPLAINING PARTY HAS A GOOD-FAITH BELIEF THAT USE OF THE MATERIAL IN THE MANNER COMPLAINED OF IS NOT AUTHORIZED BY THE COPYRIGHT OWNER, ITS AGENT, OR THE LAW; AND (F) A STATEMENT THAT THE INFORMATION IN THE NOTIFICATION IS ACCURATE, AND UNDER PENALTY OF PERJURY, THAT THE COMPLAINING PARTY IS AUTHORIZED TO ACT ON BEHALF OF THE OWNER OF AN EXCLUSIVE RIGHT THAT IS ALLEGEDLY INFRINGED.
COMPANY’S COPYRIGHT AGENT FOR NOTICE OF CLAIMS OF COPYRIGHT INFRINGEMENT ON OR REGARDING THE WEBSITE CAN BE REACHED AS FOLLOWS:
THE LAP-BAND CENTER
3420 BRISTOL ST #750,
COSTA MESA, CA 92626, USA
PHONE: (888) 526-7772
WE HAVE A POLICY OF TERMINATING THE ACCOUNTS OF USERS WHO (IN OUR REASONABLE DISCRETION) ARE REPEAT INFRINGERS.
CHANGES TO SITE/TERMS
COMPANY MAY ADD, CHANGE, DISCONTINUE, REMOVE OR SUSPEND ANY PORTION OF THE WEBSITE AT ANY TIME, WITHOUT NOTICE. WE RESERVE THE RIGHT, IN OUR SOLE DISCRETION, TO MODIFY, ALTER, OR OTHERWISE CHANGE THESE TERMS AND WILL POST ANY NEW OR REVISED TERMS ON THE WEBSITE.
DISCLAIMERS/LIMITATIONS ON LIABILITY
THIS WEBSITE AND THE INFORMATION PROVIDED HEREIN ARE INTENDED SOLELY TO PROVIDE THE USER WITH SOME BASIC MEDICAL TERMINOLOGY TO ENABLE THE USER TO BETTER UNDERSTAND DISCUSSIONS THEY MAY HAVE WITH THEIR PHYSICIAN, AND TO PROVIDE THE USER WITH THE NAMES, CONTACT INFORMATION AND BRIEF BACKGROUND OF PROFESSIONALS THE USER MAY WISH TO CONTACT TO DISCUSS ANY CONDITIONS, QUESTIONS AND CONCERNS.
THIS WEBSITE IS NOT INTENDED TO, AND DOES NOT, PROVIDE ANY FORM OF PROFESSIONAL ADVISE INCLUDING, BUT NOT LIMITED TO, MEDICAL ADVICE, MEDICAL OPINION, DIAGNOSES OR A GUIDE TO DIAGNOSES, PROGNOSES OR A GUIDE TO PROGNOSES, COURSES OF TREATMENT OR RECOMMENDATIONS FOR TREATMENTS, RECOMMENDATIONS FOR MEDICINES, EITHER PRESCRIPTION MEDICINES OR OVER-THE-COUNTER MEDICINES, OR ANY OTHER ADVICE, OPINION OR COMMENT ON ANY MEDICAL CONDITION OR STATE, OR WHAT MAY OR MAY NOT BE INVOLVED IN THE DIAGNOSIS, TREATMENT, PROCEDURE OR SURGERY FOR ANY SUCH MEDICAL CONDITION OR STATE.
THE USER MAY NOT RELY ON ANY INFORMATION CONTAINED HEREIN OR PROVIDED HEREBY IN MAKING DECISIONS CONCERNING THEIR GENERAL MEDICAL CONDITION OR STATE, OR IN DEALING WITH ANY SPECIFIC MEDICAL CONDITION OR STATE. THE USER IS SPECIFICALLY INSTRUCTED, AND THE USER SPECIFICALLY AGREES, TO CONSULT WITH A QUALIFIED PHYSICIAN OF THEIR CHOICE IN THE DISCUSSION OF, DIAGNOSIS OF, AND TREATMENT OF ANY AND ALL MEDICAL QUESTIONS, CONDITIONS AND CONCERNS.
THE WEBSITE, INCLUDING, WITHOUT LIMITATION, ALL CONTENT, SOFTWARE AND FUNCTIONS MADE AVAILABLE ON OR ACCESSED THROUGH OR SENT FROM THE WEBSITE IS PROVIDED “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS”. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOVER, EITHER EXPRESS OR IMPLIED, ABOUT: (A) THE WEBSITE; (B) THE CONTENT AND SOFTWARE ON AND PROVIDED THROUGH THE WEBSITE; (C) THE FUNCTIONS MADE ACCESSIBLE ON OR ACCESSED THROUGH THE WEB SITE; (D) THE MESSAGES AND INFORMATION SENT FROM THE WEBSITE BY USERS; (E) ANY PRODUCTS OR SERVICES OFFERED VIA THE WEBSITE OR HYPERTEXT LINKS TO THIRD PARTIES; AND/OR (F) SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE WEBSITE OR ANY LINKED SITE. COMPANY DOES NOT WARRANT THAT THE WEBSITE, ANY OF THE WEBSITE’S FUNCTIONS OR ANY CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; OR THAT THE WEBSITE OR THE SERVERS THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
COMPANY DOES NOT WARRANT THAT YOUR ACTIVITIES OR USE OF THE WEBSITE IS LAWFUL IN ANY PARTICULAR JURISDICTION AND, IN ANY EVENT, COMPANY SPECIFICALLY DISCLAIMS SUCH WARRANTIES. YOU UNDERSTAND THAT BY USING ANY OF THE FEATURES OF THE WEBSITE, YOU ACT AT YOUR OWN RISK, AND YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE WEBSITE OR THE CONTENT. FURTHER, COMPANY AND ITS AFFILIATES DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES,
INCLUDING, WITHOUT LIMITATION, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE NON-INFRINGEMENT, AND TITLE. COMPANY OR ITS AFFILIATES OR THE DIRECTORS, OFFICERS, EMPLOYEES, OR OTHER REPRESENTATIVES OF EACH OF THEM SHALL NOT BE LIABLE FOR THE USE OF THE WEBSITE INCLUDING, WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS CONTAINED THEREIN. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO THE EXTENT SUCH JURISDICTION’S LAW IS APPLICABLE TO THIS AGREEMENT. YOU UNDERSTAND AND AGREE THAT COMPANY LIMITS ITS LIABILITY IN CONNECTION WITH YOUR USE OF THE WEBSITE AS SET FORTH BELOW:
NEITHER COMPANY NOR THE AFFILIATES ARE RESPONSIBLE FOR ANY DAMAGE TO ANY USER’S COMPUTER, HARDWARE, SOFTWARE, CELL PHONE, MODEM OR OTHER EQUIPMENT OR TECHNOLOGY INCLUDING, WITHOUT LIMITATION, 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. UNDER NO CIRCUMSTANCES SHALL COMPANY AND THE AFFILIATES OR THE DIRECTORS, OFFICERS, EMPLOYEES, OR OTHER REPRESENTATIVES OF EACH OF THEM (COLLECTIVELY, THE “COMPANY ENTITIES AND INDIVIDUALS”), BE LIABLE TO YOU FOR ANY LOSS OR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, FOR ANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY, CONSEQUENTIAL, ECONOMIC OR PUNITIVE DAMAGES), THAT ARE DIRECTLY OR INDIRECTLY RELATED TO:
(1) THIS WEBSITE AND ITS CONTENT, SOFTWARE OR YOUR UPLOAD INFORMATION;
(2) THE USE OF, INABILITY TO USE, OR PERFORMANCE OF THE WEBSITE
(3) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY COMPANY OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR USE OF THE WEBSITE OR CONTENT;
(4) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OWNERS; OR
(5) ANY ERRORS OR OMISSIONS IN THE WEBSITE’S TECHNICAL OPERATION, EVEN IF FORESEEABLE OR EVEN IF COMPANY OR THE AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF THOSE DAMAGES WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, STRICT LIABILITY TORT (INCLUDING, WITHOUT LIMITATION, WHETHER CAUSES IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, OR THEFT OR DESTRUCTION OF THE WEBSITE). IN NO EVENT WILL COMPANY ENTITIES AND INDIVIDUALS BE LIABLE TO YOU OR ANYONE ELSE FOR LOSS OR INJURY, INCLUDING, WITHOUT LIMITATION, DEATH OR PERSONAL INJURY. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. NOTWITHSTANDING ANY OTHER PROVISION IN THESE TERMS, UNDER NO CIRCUMSTANCES WILL THE COMPANY ENTITIES AND INDIVIDUALS BE LIABLE TO YOU FOR ANY REASON RELATED OR ANY CAUSE OF ACTION WHATSOEVER IN AN AMOUNT GREATER THAN FIFTY DOLLARS ($50). YOUR ACCESS TO AND USE OF THIS WEBSITE IS AT YOUR RISK. IF YOU ARE DISSATISFIED WITH THE WEBSITE OR ANY OF THE CONTENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESSING AND USING THE WEB SITE OR THE CONTENT. YOU RECOGNIZE AND CONFIRM THAT IN THE EVENT YOU INCUR ANY DAMAGES, LOSSES OR INJURIES THAT ARISE OUT OF COMPANY’S ACTS OR OMISSIONS, THE DAMAGES, IF ANY, CAUSED TO YOU ARE NOT IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION PREVENTING ANY EXPLOITATION OF ANY WEBSITE, PROPERTY, PRODUCT, PROGRAM, OR OTHER AUDIO/VISUAL CONTENT OWNED OR CONTROLLED BY COMPANY AND/OR ITS AFFILIATES, AND YOU WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING, EXHIBITION OR EXPLOITATION OF ANY COMPANY WEB SITE, PROPERTY, PRODUCT, PROGRAM, OR OTHER AUDIO/VISUAL CONTENT OR ANY AND ALL ACTIVITIES OR ACTIONS RELATED THERETO.
BY ACCESSING THIS WEBSITE, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY, WHICH PROVIDES AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”
NO PERSONAL ADVICE
THIS WEBSITE AND ITS CONTENT IS FOR LIMITED INFORMATIONAL PURPOSES ONLY AND IS NOT INTENDED TO REPLACE OR SUBSTITUTE FOR ANY PROFESSIONAL, MEDICAL OPINION OR OTHER ADVICE. IN ADDITION TO THE “DISCLAIMER/LIMITATION ON LIABILITY” PARAGRAPH ABOVE, THE COMPANY ENTITIES AND INDIVIDUALS MAKE NO REPRESENTATIONS OR WARRANTIES AND EXPRESSLY DISCLAIM ANY AND ALL LIABILITY CONCERNING ANY TREATMENT OR ACTION BY ANY PERSON FOLLOWING THE INFORMATION OFFERED OR PROVIDED WITHIN OR THROUGH THE WEBSITE. IF YOU HAVE SPECIFIC CONCERNS OR A SITUATION IN WHICH YOU REQUIRE PROFESSIONAL OR MEDICAL ADVICE, YOU SHOULD CONSULT WITH AN APPROPRIATELY TRAINED AND QUALIFIED SPECIALIST.
INDEMNIFICATION
YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS THE COMPANY ENTITIES AND INDIVIDUALS FROM AND AGAINST ANY ACTUAL OR ALLEGED CLAIMS, DEMANDS, CAUSES OF ACTION, INVESTIGATIONS, SETTLEMENTS, JUDGMENTS, DAMAGES, LOSSES, LIABILITIES, AND ALL COSTS AND EXPENSES OF DEFENSE (INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEYS’ AND OTHER LEGAL FEES AND COSTS) ARISING OUT OF OR RELATING TO:
(1) YOUR USE OF THE WEBSITE;
(2) YOUR VIOLATION OF THESE TERMS OR ANY LAW, RULE OR REGULATION; OR
(3) YOUR USE OF THE CONTENT. YOU WILL COOPERATE AS FULLY AND REASONABLY AS REQUIRED BY COMPANY OR THE AFFILIATES IN THE DEFENSE OF ANY CLAIM. COMPANY RESERVES THE RIGHT TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER SUBJECT TO INDEMNIFICATION BY YOU, AND YOU WILL NOT IN ANY EVENT SETTLE ANY CLAIM WITHOUT THE PRIOR WRITTEN CONSENT OF COMPANY.
THIRD PARTIES/NO ENDORSEMENT
CERTAIN AREAS OF THE WEBSITE MAY ALLOW YOU TO CONDUCT TRANSACTIONS OR PURCHASE GOODS OR SERVICES FROM OR THROUGH A THIRD PARTY. ALSO, THIRD PARTY ADVERTISERS MAY OFFER GOODS, SERVICES AND OTHER MATERIALS TO YOU ON THE WEBSITE. YOU SHOULD BE AWARE THAT CONTENT PROVIDED BY THIRD PARTIES MIGHT CONTAIN ERRORS, OMISSIONS, INACCURACIES, OUTDATED INFORMATION, AND INADEQUACIES AND THAT THE CONTENT MAY BE SUBJECT TO TERMS AND CONDITIONS, WHICH MAY BE FOUND IN THE DOCUMENTS AND POLICIES OF THIRD PARTIES. WE MAKE NO REPRESENTATIONS OR WARRANTIES AS TO THE COMPLETENESS, ACCURACY, ADEQUACY, CURRENCY OR RELIABILITY OF ANY CONTENT AND WILL NOT BE LIABLE FOR ANY LACK OF THE FOREGOING.
THIS WEBSITE MAY ALSO PROVIDE HYPERLINKS TO THIRD-PARTY WEB SITES (“THIRD PARTY SITES”). THIRD PARTIES AND THIRD PARTY SITES MAY HAVE DIFFERENT PRIVACY POLICIES, TERMS AND CONDITIONS AND BUSINESS PRACTICES THAN WE DO. WE DO NOT ENDORSE, VERIFY, MAKE ANY REPRESENTATIONS, OR TAKE RESPONSIBILITY FOR THE CONTENT, TRUTHFULNESS, ACCURACY, QUALITY OR COMPLETENESS OF THE CONTENT OR ACTIVITIES CONDUCTED ON ANY THIRD PARTY SITES. YOUR CORRESPONDENCE AND BUSINESS DEALINGS WITH OTHERS FOUND ON OR THROUGH THE WEBSITE INCLUDING, WITHOUT LIMITATION, THE PAYMENT AND DELIVERY OF PRODUCTS AND SERVICES, AND ANY TERMS, CONDITIONS, WARRANTIES AND REPRESENTATIONS ASSOCIATED WITH SUCH DEALINGS, ARE SOLELY BETWEEN YOU AND THE THIRD PARTY. ANY COMPLAINTS, CONCERNS OR QUESTIONS YOU MAY HAVE RELATING TO MATERIALS PROVIDED BY THIRD PARTIES SHOULD BE FORWARDED DIRECTLY TO THE THIRD PARTY.
YOU AGREE THAT COMPANY AND THE AFFILIATES WILL NOT, UNDER ANY CIRCUMSTANCES, BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY GOODS, SERVICES, RESOURCES OR CONTENT AVAILABLE THROUGH ANY THIRD PARTY DEALINGS OR COMMUNICATIONS, OR FOR ANY HARM RELATED THERETO, OR FOR ANY DAMAGE OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH YOUR USE OF OR RELIANCE ON THE CONTENT, ADVERTISING, OR BUSINESS PRACTICES OF ANY THIRD PARTY.
REFERENCE ON THE WEBSITE TO ANY PRODUCT, PROCESS, PUBLICATION OR SERVICE OF ANY THIRD PARTY BY TRADE NAME, DOMAIN NAME, TRADEMARK, TRADE IDENTITY, SERVICE MARK, TRADE IDENTITY, LOGO, MANUFACTURER OR OTHERWISE DOES NOT CONSTITUTE OR IMPLY ITS ENDORSEMENT OR RECOMMENDATION BY COMPANY OR THE AFFILIATES. USERS ARE REQUESTED TO INFORM COMPANY OF ANY ERRORS OR INAPPROPRIATE MATERIAL FOUND ON THIRD PARTY SITES TO WHICH THIS WEB SITE IS OR MAY BE LINKED.
LINKING TO THE WEB SITE
IF YOU LINK TO THIS WEBSITE YOU MAY LINK ONLY TO THE HOME PAGE, AND THE LINK MUST BE IN PLAIN TEXT, UNLESS OTHERWISE PRE-APPROVED IN WRITING BY COMPANY. THE LINK TO THIS WEBSITE MUST NOT DAMAGE, DILUTE OR TARNISH THE GOODWILL ASSOCIATED WITH ANY COMPANY NAMES OR ANY OTHER COMPANY INTELLECTUAL PROPERTY, NOR MAY THE LINK CREATE THE FALSE APPEARANCE THAT YOUR WEB SITE OR ORGANIZATION IS SPONSORED, ENDORSED BY, AFFILIATED OR ASSOCIATED WITH COMPANY OR ITS AFFILIATES. YOU MAY NOT “FRAME” OR CREATE A BORDER AROUND THIS WEBSITE OR ALTER ITS INTELLECTUAL PROPERTY OR CONTENT IN ANY WAY. YOU MAY NOT LINK TO THE WEBSITE FROM A SITE THAT IS UNLAWFUL, ABUSIVE, INDECENT OR OBSCENE, THAT PROMOTES VIOLENCE OR ILLEGAL ACTS, THAT CONTAINS EXPRESSIONS OF RACISM, THAT IS LIBELOUS, DEFAMATORY, SCANDALOUS, OR INFLAMMATORY OR IS OTHER INAPPROPRIATE (IN COMPANY’S SOLE DISCRETION). COMPANY RESERVES THE RIGHT, IN ITS SOLE DISCRETION, TO TERMINATE A LINK WITH ANY WEB SITE THAT IT DEEMS INAPPROPRIATE OR INCONSISTENT WITH THIS WEBSITE OR THESE TERMS.
LOCATION
COMPANY OPERATES THIS WEBSITE IN THE UNITED STATES. INFORMATION CONTAINED ON THIS WEBSITE MAY NOT BE APPROPRIATE OR AVAILABLE FOR USE IN OTHER LOCATIONS, AND ACCESS TO THIS WEBSITE WHERE THE CONTENT OF THE WEBSITE MAY BE ILLEGAL IS PROHIBITED. IF YOU ACCESS THIS WEBSITE FROM OTHER LOCATIONS, YOU DO SO ON YOUR OWN INITIATIVE AND YOU ARE SOLELY RESPONSIBLE FOR COMPLIANCE WITH APPLICABLE LAWS. THESE TERMS WILL BE CONSTRUED AND ENFORCED IN ACCORDANCE WITH THE LAWS OF THE STATE OF CALIFORNIA, WITHOUT REGARD TO ITS CONFLICTS OF LAW PRINCIPLES, AND SPECIFICALLY WILL NOT BE GOVERNED BY THE UNITED NATIONS CONVENTIONS ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS, IF OTHERWISE APPLICABLE. ANY CAUSE OF ACTION FILED BY YOU WITH RESPECT TO THE TERMS ANY ADDITIONAL TERMS OR YOUR USE OF THIS WEBSITE MUST BE FILED IN THE COUNTY OF ORANGE, STATE OF CALIFORNIA WITHIN NINETY (90) DAYS AFTER THE OCCURRENCE OF THE FACTS GIVING RISE TO THE CAUSE OF ACTION, OTHERWISE THE CAUSE WILL BE FOREVER BARRED. YOU HEREBY CONSENT AND SUBMIT TO THE EXCLUSIVE JURISDICTION AND VENUE OF THE COURTS LOCATED IN THE COUNTY OF ORANGE, STATE OF CALIFORNIA FOR ANY CAUSE OF ACTION ARISING UNDER THESE TERMS OR RELATED TO THE WEBSITE.
TERMINATION
YOU UNDERSTAND AND AGREE THAT COMPANY WILL DETERMINE YOUR COMPLIANCE WITH THESE TERMS OR ANY ADDITIONAL TERMS IN ITS SOLE DISCRETION. COMPANY RESERVES THE RIGHT TO DENY ACCESS TO ALL OR PART OF THE WEBSITE TO ANY PERSON IN ITS SOLE DISCRETION. ANY VIOLATION OF THESE TERMS OR ANY ADDITIONAL TERMS MAY BE REFERRED TO LAW ENFORCEMENT AUTHORITIES. UPON TERMINATION OF YOUR USER ACCOUNT OR ACCESS TO THE WEBSITE, OR UPON DEMAND BY COMPANY, YOU MUST DESTROY ALL MATERIALS OBTAINED FROM THIS WEBSITE AND ALL RELATED DOCUMENTATION.
MISCELLANEOUS
YOU ARE SOLELY RESPONSIBLE FOR COMPLIANCE WITH APPLICABLE LAWS, RULES, AND REGULATIONS IN CONNECTION WITH YOUR USE OF THE WEBSITE, THE CONTENT, AND THE SOFTWARE INCLUDING, WITHOUT LIMITATION, THOSE GOVERNING YOUR TRANSMISSION OR USE OF ANY SOFTWARE OR DATA. THESE TERMS AND ANY APPLICABLE ADDITIONAL TERMS CONTAIN THE SOLE AND ENTIRE AGREEMENT BETWEEN THE PARTIES WITH RESPECT TO THE WEBSITE, THE CONTENT AND THE SOFTWARE AND SUPERSEDE ANY AND ALL OTHER PRIOR WRITTEN OR ORAL AGREEMENTS BETWEEN THEM. YOU AGREE THAT THESE TERMS OR ANY ADDITIONAL TERMS WILL NOT BE CONSTRUED AGAINST COMPANY BY VIRTUE OF HAVING DRAFTED THESE TERMS. IF ANY PROVISION OF THESE TERMS OR ANY ADDITIONAL TERMS IS FOUND TO BE INVALID BY ANY COURT HAVING COMPETENT JURISDICTION, THE INVALIDITY OF SUCH PROVISION WILL NOT AFFECT THE VALIDITY OF THE REMAINING PROVISIONS OF THESE TERMS OR ANY ADDITIONAL TERMS, WHICH WILL REMAIN IN FULL FORCE AND EFFECT. NO WAIVER OF ANY OF THESE TERMS OR ANY ADDITIONAL TERMS WILL BE OF ANY FORCE OR EFFECT UNLESS MADE IN WRITING AND SIGNED BY A DULY AUTHORIZED OFFICER OF COMPANY. THE SECTION TITLES IN THESE TERMS ARE FOR YOUR CONVENIENCE ONLY AND DO NOT HAVE ANY LEGAL OR CONTRACTUAL EFFECT.
