Terms and Conditions (Arbitration or Court)
The term “Content” applies to any data, material or information of any type on this Site, as well as data, material and information supplied by third parties and posted by you. You understand that all user Content, whether you have publicly posted on a forum or privately transmitted to another Site user or to us, is your sole responsibility. We cannot guarantee that other users will not misuse the user Content that you share/provide. Under no circumstances will we be liable in any way for the user Content, including, but not limited to, any errors or omissions in any user Content, or for any loss or damage of any kind as a result of the use of any user Content posted or otherwise transmitted via the Site. By posting any user Content to the Site, you hereby grant us a royalty-free, fully paid up, perpetual, irrevocable, worldwide, non-exclusive and fully sub-licensable right and license to use, reproduce, modify, adapt, publish, translate, combine with other works, create derivative works from, distribute, perform, exploit, edit and display such user Content and/or to incorporate it into other works in any form, media, or technology. You specifically waive any moral rights in and to the user Content. The foregoing grant includes, without limitation, any copyrights and other intellectual property rights in and to your user Content. You represent and warrant that you own the user Content posted by you or otherwise have the right to grant the license set forth herein and your user Content does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person. We shall not be liable for any disclosure of user Content you post to the Site. We shall be entitled to unrestricted use of any user Content it may receive from you through the Site, for any purpose whatsoever, without compensation to you as a provider of the user Content. We shall have the right, in our sole discretion, to remove any user Content, at any time, as we deem appropriate.
This Site is not intended to provide medical advice, diagnosis or treatment. The products, information, services and Content provided on and through this Site are provided for informational purposes only. Where applicable, the Content on this Site is subject to the following disclaimer: “These statements have not been evaluated by the Food and Drug Administration. This product is not intended to diagnose, treat, cure or prevent disease.”
Please note that this Site is intended for adult use; if you are under the age of 18, do not submit any Content to this Site. Under no circumstances should you submit any identifying information about any person under the age of 18 to the Site.
REVISIONS TO TERMS AND CONDITIONS
All the Content and information on the Site is protected by copyright, trademark, service mark, patent or other proprietary rights or laws. You expressly acknowledge our proprietary rights in the Site (“Proprietary Rights”). Our Proprietary Rights include, but without limitation, the design, graphics, text, sounds, pictures, structure, sequence, organization and look and feel of the Site and/or the Content, as well as the selection, arrangement and display of facts within the Content. You agree not to infringe the applicable copyrights or trademarks, if any, protecting our Proprietary Rights. Additionally, you expressly agree to indemnify us for any and all costs and expenses (including reasonable attorney’s fees) related to any legal proceedings brought by or against you with respect to our Proprietary Rights. We reserve all rights not expressly granted herein.
Without our express written permission, you shall not download, copy, modify, reproduce, display, or prepare derivative works based upon the Content of the Site. Without our express written permission, any reproduction, except for your personal, non-commercial use, or republication, distribution, sublicense, sale or creation of derivative works, of any portion of the Content from the Site is expressly prohibited. Additionally, unless expressly authorized by us, you may not copy, post, or upload any of our Content to any public or private bulletin board system, or any other electronic network or Internet service, nor may you post any links between the Site and/or any Content, to any other website and/or location. Any unauthorized use by you shall be deemed an infringement of our rights and shall constitute damage to us, including, but not limited to, our reputation and good will. Notwithstanding any available remedies provided to us by law or equity, you acknowledge that we shall be entitled as a matter of right, and without notice, to equitable relief by way of injunction or otherwise, in the event of any unauthorized use by you.
LINKS TO THIRD PARTIES; LINKING OR FRAMING
Additionally, establishing or maintaining any link from another website to any page on the Site without our without our express written permission is prohibited. Likewise, framing or attempting to frame any page of the Site without our prior written permission is prohibited.
DISCLAIMER; LIMITATION OF LIABILITY
We make no warranty regarding the operation of the Site, its Content, the products or services obtained through this Site or any other websites linked to the Site, or any transactions entered into through the Site. Accordingly, your use of any and all Content is at your own risk, and thus, we are not responsible for any errors or omissions or for the results obtained from the use of any Content provided on the Site. We do not guarantee that the Site will be uninterrupted, timely, secure or error-free, or that any defects and/or errors in the Site will be corrected. By using this Site and agreeing to these Terms and Conditions, you understand and acknowledge that any Content downloaded or otherwise obtained through the use of this Site is at your own risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download and/or use of any Content.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SITE AND ITS CONTENT ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND AND THAT YOUR USE IS AT YOUR OWN RISK. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THESE TERMS AND CONDITIONS, WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED WITH RESPECT TO THE SITE OR ITS CONTENT, INCLUDING THE ACCURACY, OPERATION, CONFORMITY TO ANY REPRESENTATION OR DESCRIPTION, OR THE EXISTENCE OF ANY LATENT OR PATENT DEFECTS, AND WE SPECIFICALLY DISCLAIM ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND/OR NON-INFRINGEMENT.
WE, INCLUDING BUT NOT LIMITED TO, OUR OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, BUSINESS PARTNERS, AFFILIATES, RELATED BUSINESS ENTITIES, CUSTOMERS AND ANY OTHER AUTHORIZED AGENT OR REPRESENTATIVE OF US, SHALL NOT UNDER ANY CIRCUMSTANCE BE LIABLE FOR ANY CLAIM, LOSS OR INJURY, INCLUDING, WITHOUT LIMITATION, ANY INDIRECT, INCIDENTIAL, SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LOSS OF GOOD WILL, LOSS OF USE, OR LOSS OF DATA), HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, WHETHER FOR BREACH OF CONTRACT BREACH OF WARRANTY, PRODUCT LIABILITY, TORT(INCLUDING NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR RELATED TO OUR SERVICE, USE OR THE INABILITY TO USE THE SITE AND/OR ANY CONTENT OR OTHER GOODS OR SERVICES PROVIDED.
Some jurisdictions do not allow the disclaimer of certain warranties or the limitation or exclusion of liability for certain types of damages, so the foregoing disclaimers and limitations may not apply to you. In those jurisdictions, the exclusions and liability are limited to the fullest extent permitted by law.
Without penalty, we may terminate this agreement, with or without cause, at any time, with or without notice. We may also terminate or suspend your access to all or part of the this Site, without notice, for any conduct that we, in our sole discretion, believe is in violation of these Terms and Conditions or any applicable law or is harmful to the interests to another user of the Site or us.
We reserve the right to amend, modify or otherwise update these Terms and Conditions at any time, so visitors are encouraged to review these Terms and Conditions from time to time. Your continued use of the Site following the posting of changes to these Terms and Conditions will mean your acceptance of those changes.
APPLICABLE LAW; JURISDICTION
These Terms and Conditions shall be governed by and construed under the laws of the State of Maryland, without reference to its conflict of laws provisions. These Terms and Conditions are deemed entered into in Baltimore County, Maryland. All disputes arising out of or related to these Terms and Conditions and your use of the Site shall be subject to the exclusive jurisdiction of the state and federal courts located in Baltimore County, Maryland, and you agree and submit to the personal and exclusive jurisdiction and venue of these courts.
This agreement constitutes the entire and only agreement between the parties relating to the subject matter hereof and supersedes any and all prior or contemporaneous agreements, representations, warranties and understandings, written or oral.
Any failure to enforce any provision of this agreement shall not constitute a waiver thereof or any other provision. If any provision of this agreement is deemed unlawful, void or for any reason held to be unenforceable by a court of competent jurisdiction, the validity and enforceability of any remaining provisions shall not be affected. The headings in this agreement are inserted for convenience only and shall not be used to define, limit or describe the scope of these Terms and Conditions or any of its obligations.