Effective Date: 5/20/2020
You must be the age of majority in your jurisdiction (18 years old in most jurisdictions) in order to use our Site. If you are under the age of majority in your jurisdiction, then you may only use the Site with your parent or legal guardian’s permission.
WE DO NOT PROVIDE MEDICAL ADVICE
We do not provide medical advice. Our Site and all the content herein is provided for informational purposes only and is not intended to be used in place of a visit with, call to, consultation, or advice from your physician or other health care provider. If you suspect you have a medical problem, or should you have any health care related questions, please visit your hospital or call or see your physician or other health care provider. Never disregard medical advice or delay in seeking medical advice or treatment as a result of what you read on this Site.
RESTRICTIONS ON USE OF SITE
You are solely responsible for your actions when using the Site. In addition, you may be held responsible for trying to have someone else do what you are prohibited from doing. You agree that you will not perform or attempt to perform any of the following activities when using the Site:
- Submit, post, or submit any offensive, indecent, hateful, racist, sexist, pornographic, or otherwise inappropriate or obscene content;
- Transmit by any means any software, virus, malware, code, or other program intended to interrupt, disrupt, alter, destroy, or limit any part of the Site;
- Copy, download, distribute, transmit, upload, or transfer content from the Site without our prior written permission or authorization;
- Use any robot, spider, script, or any manual or automated means to extract, download, retrieve, index, mine, scrape, or circumvent any feature, function, or part of the Site;
- Pretend to be anyone else but you;
- Violate or infringe upon the privacy, publicity, intellectual property, or other proprietary rights of third parties; or
- Engage in any activity that is criminal or tortious in nature, or otherwise violates the law or rights of another, including, without limitation, fraud, stalking, defaming, abusing, harassing, or threatening.
If you violate any part of these Terms, we reserve the right to terminate your access to the Site without prior notice. If you believe someone is not complying with these Terms or that someone is violating your rights, please notify us at email@example.com.
We, our affiliates and our licensors are the sole owners of the Site, including, but not limited to, all content, features, and functions, and all copyrights, trademarks, service marks, and other intellectual property rights contained within the Site, unless otherwise noted. Nothing in these Terms gives you a right to reproduce, copy, distribute, sell, broadcast, license, or otherwise use the Banner name or any of our trademarks, logos, domain names, and other distinctive brand features. You may not modify, rent, lease, sell, distribute, or create derivative works based on the Site unless we have given you prior written consent to do so.
By transmitting an email or engaging in any other form of communication (individually or collectively “Communications”) to or through the Site, you hereby grant to us a perpetual, worldwide, irrevocable, unrestricted, non-exclusive, royalty-free license to use, copy, license, sublicense, adapt, distribute, display, publicly perform, reproduce, transmit, modify, edit, and otherwise exploit such Communications throughout the world, in all media now known or hereafter developed. You hereby waive all rights to any claims against us for any alleged or actual infringements of any proprietary rights, rights of privacy and publicity, moral rights, and rights of attribution in connection with such Communications.
You are responsible for your own Communications. We expressly disclaim all liability in connection with your Communications. We reserve the right, but not the obligation, to investigate the allegations and to remove your Communications in our sole discretion for any reason and without prior notice to you. We have no liability or responsibility to users for performance or nonperformance of such activities.
DISCLAIMER OF WARRANTIES
THE SITE IS AVAILABLE “AS IS” AND “AS AVAILABLE” WITHOUT REPRESENTATION OR WARRANTY OF ANY KIND OR ANY ASSURANCE THEY WILL BE AVAILABLE OR PERFORM AS DESCRIBED. YOU USE THE SITE AT YOUR OWN RISK. WE EXPRESSLY DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, EXPRESS AND IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTY THAT THE SITE WILL BE ERROR FREE OR UNINTERRUPTED, THAT THE INFORMATION OBTAINED FROM THE SITE WILL BE ACCURATE, COMPLETE OR RELIABLE, THAT THE QUALITY OF THE SITE WILL BE SATISFACTORY TO YOU, OR THAT ERRORS OR DEFECTS WILL BE CORRECTED.
LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY LAW, WE SHALL NOT BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY CLAIM, LOSS OR DAMAGE, DIRECT OR INDIRECT, INCLUDING, WITHOUT LIMITATION, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, REGARDLESS OF THE FORM OF ACTION OR BASIS OF ANY CLAIM. YOU SPECIFICALLY ACKNOWLEDGE THAT WE SHALL NOT BE LIABLE TO YOU FOR YOUR COMMUNICATIONS. WE SHALL NOT BE LIABLE FOR ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION THROUGH THE SITE OR ANY LINKED SITES, OR FOR ANY INFORMATION ON THE SITE, REGARDLESS OF THE FORM OF ACTION OR BASIS OF ANY CLAIM. SOME JURISDICTIONS DO NOT ALLOW CERTAIN EXCLUSIONS OF WARRANTIES OR LIMITATIONS ON DAMAGES, SO SOME OF THESE LIMITATIONS MAY NOT APPLY TO YOU. IF YOU HAVE A DISPUTE WITH US OR ARE DISSATISFIED WITH THE SITE, YOUR SOLE REMEDY IS TO STOP USING OUR SITE. WE HAVE NO OTHER OBLIGATION OR RESPONSIBILITY TO YOU.
You agree to indemnify, defend, and hold us, our officers, agents, representatives, employees, partners, and licensors harmless from any and all demands, claims and actions (including reasonable attorneys’ fees) arising from or related to your Communications and your use of the Site. We reserve the right to assume or control any part or all of the defense of any such claims and negotiations for settlement and you agree to fully cooperate with us in doing so.
THIRD PARTY SITES
These Terms will be construed and enforced under the laws of North Carolina. You agree that the state and federal courts in North Carolina shall be the exclusive forums for any dispute arising out of these Terms and the parties hereby agree to waive any right to claim that North Carolina is an inconvenient forum. You agree that you will not file a class action, or participate in a class action.
If any provision of these Terms shall for any reason be held to be invalid, illegal or unenforceable by a court of competent jurisdiction, then the validity and enforceability of the other provisions of these Terms, shall not in any way be affected or impaired thereby.
We reserve the right to change any part of the Site, including these Terms, at any time. If we change these Terms, we will update the Effective Date listed above. Your continued use of the Site means that you agree with our updated Terms. If you do not agree with our updated Terms, you may not use our Site.
If you have any questions about these Terms or the Site, please contact us at firstname.lastname@example.org.