All content contained on the Site (collectively, “Content”), such as text, graphics, logos, icons, images, audio and video clips, digital downloads, data compilations, and software, is our property or the property of our licensors or licensees, and the compilation of the Content on the Site is our exclusive property, protected by United States and international copyright laws, treaties and conventions. All software used on the Site is our property or the property of our software suppliers and protected by United States and international copyright laws, treaties and conventions.
Any trademarks, service marks, graphics, logos, page headers, icons, scripts and trade names (each, a “Mark”) contained on the Site are proprietary to us or our licensors or licensees. Our Marks may not be used in connection with any product or service that is not ours in any manner that is likely to cause confusion among users or that disparages or discredits us or anyone else. All other Marks not owned by us that appear on the Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us.
We grant you a limited license to access and make personal use of the Site. No Content of the Site or any other Internet site owned, operated, licensed, or controlled by us may be copied, reproduced, republished, downloaded (other than page caching), uploaded, posted, transmitted or distributed in any way, or sold, resold, visited, or otherwise exploited for any commercial purpose, except that you may download one (1) copy of the Content that we make available to you for such purposes on a single computer for your personal, noncommercial, home use only, provided that you: (a) keep intact all copyright, trademark and other proprietary rights notices; (b) do not modify any of the Content; (c) do not use any Content in a manner that suggests an association with any of our products, services or brands; and (d) do not download Content so as to avoid future downloads from the Site. Your use of Content on any other the Site or computer environment is strictly prohibited.
The license granted to you does not include, and specifically excludes, any rights to: resell or make any commercial use of the Site or any Content; collect and use any product listings, descriptions, or prices; make any derivative use of the Site or Content; download or copy account information for the benefit of anyone else; or use any form of data mining, robots, or similar data gathering and extraction tools. You may not frame, or utilize framing techniques to enclose, any Mark, Content or other proprietary information, or use any meta tags or any other “hidden text” utilizing any such intellectual property, without our and each applicable owner’s express written consent. Any unauthorized use automatically terminates the license granted to you hereunder. You are granted a limited, revocable, and non-exclusive right to create a hyperlink only to our home page provided that the link does not portray us or our licensors or licensees, or their respective products or services, in a false, misleading, derogatory, or otherwise offensive matter. You may not use any of our or any such party’s intellectual property as part of the link without our and each such party’s express written consent.Third-Party Content
This website contains content supplied by parties other than The Company Any opinions, advice, statements, services, offers, or other information or content expressed or made available by such third parties, including information providers and users, are those of the respective author(s) or distributor(s) and not of The Company. Neither The Company nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content, nor its merchantability or fitness for any particular purpose. In some instances, the content available through The Company represents the opinions and judgments of the respective third-party information provider or user, and not of The CompanyUse and Protection of Password and ID
The Company will assign a password and account ID to you so you can access and use certain areas of the Site. Each user who uses such assigned password and ID shall be deemed to be authorized by you to access and use the Site, and THE COMPANY shall have no obligation to investigate the authorization or source of any such access or use. YOU ACKNOWLEDGE AND AGREE THAT AS BETWEEN YOU AND The Company, YOU WILL BE SOLELY RESPONSIBLE FOR ALL ACCESS TO AND USE OF THE SITE BY ANYONE USING THE PASSWORD AND ID ASSIGNED TO YOU WHETHER OR NOT SUCH ACCESS TO AND USE OF THE SITE IS ACTUALLY AUTHORIZED BY YOU, INCLUDING ALL COMMUNICATIONS AND TRANSMISSIONS AND ALL OBLIGATIONS (INCLUDING FINANCIAL OBLIGATIONS FOR PURCHASES THROUGH THE SITE) THAT MAY RESULT FROM SUCH ACCESS OR USE.
You are solely responsible for protecting the security and confidentiality of the password and ID assigned to you. You shall immediately notify THE COMPANY of any unauthorized use of the assigned password or ID, or any other breach or threatened breach of the Site’s security of which you are aware. You will be responsible for any activity conducted under your assigned password or ID.System Requirements
Use of the certain areas of the Site requires Internet access, audio manager software or other software allowing the downloading and storing of audio and audio-visual files in MP3 or other digital format (the “Software”), and, for certain downloadable content, a compatible player device (the “Device”). THE COMPANY may, at any time and from time to time, in its sole discretion, modify, revise, or otherwise change the system requirements for the Site and the format of any downloadable content, in whole or in part, without notice or liability to you.
Internet access, use of the Software, or use of a Device may result in fees in addition to any fees incurred on the Site. Software and Devices may require you to obtain updates or upgrades from time to time. Your ability to use the Site may be affected by the performance of the Software, the Device, or your Internet connection. You acknowledge and agree that it is your sole responsibility to comply with the system requirements of your Software and Device, as in effect from time to time, and to maintain, update, and upgrade your Software and Devices, including the payment of all Internet access, Software, and Device fees without recourse to THE COMPANY.Cookies and Tracking Information
When you visit any of our websites (“Sites”), a cookie may be placed on your computer for a number of reasons, such as (a) to keep track of your shopping cart, (b) to recognize you when you return to our site, (c) to recognize whether a customer came to our site as a result of a promotion or advertisement with one of our partners sites or email campaign and (d) to track the sales made by customers referred to us from a 3rd party so that they can receive compensation under our affiliate program. If you choose to not have your browser accept cookies from The Company websites, you may not be able to view all the text on the screens, or to experience a personalized visit, or to subscribe to certain service and product offerings on our Sites.
We also collect anonymous visitor information about how you utilize our site, such as IP addresses, browser types (such as Internet Explorer, Safari, Mozilla, etc.), referring pages and pages visited. We use this information (a) to perform anonymous statistical analysis of Web page traffic patterns, (b) to administer our Website and servers, and (c) to improve our services.Parental Permission
Our web Sites are not directed to children under the age of 13 and we will not knowingly collect personally identifiable information from children under 13. We strongly recommend that parents participate in their children's exploration of the internet and any online services and use their browser's parental controls to limit the areas of the internet to which their children have access.Mature Content
On our web Sites we may occasionally discuss mature topics relating to personal issues, medical challenges, disease, and the human body. Users who are uncomfortable with such topics or language should not use our Sites.User-Generated Content Provided to Company
The following is our User-Generated Content License: You may post reviews, comments, photographs, and other content; send communications; and submit suggestions, ideas, comments, questions, or other information, as long as none of these materials are illegal, obscene, threatening, defamatory, invasive of privacy, infringing on intellectual property rights, or otherwise injurious to third parties or objectionable and do not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.” You may not use a false e-mail address, impersonate anyone, or otherwise mislead as to the origin of any content. We reserve the right, but not the obligation, to remove or edit any such content, but we do not regularly review posted content.
Please do not send us any material that you do not intend to be subject to the User-Generated Content License described herein. All content described in the immediately preceding paragraph and any and all other information, content or materials that you post or send to us hereinafter collectively is referred to as “User-Generated Content.” If you post or send any User-Generated Content to us, intentionally or unintentionally, we (and such others as we may designate from time to time) shall have the unrestricted rights to the use thereof for any and all purposes whatsoever, commercial or otherwise, without any further permission from, or any payment to, you or anyone else. We and our designees also shall have the right (but no obligation) to use the name that you submit, as well as any other name by which you are or may be known, in connection with User-Generated Content. Without limiting the generality of the foregoing, you hereby unconditionally grant to us a perpetual, non-exclusive, irrevocable, fully-paid, royalty-free, sub-licensable and transferable universal license to use, re-use, reproduce, transmit, print, publish, display, exhibit, distribute, re-distribute, copy, host, store, cache, archive, index, categorize, comment on, broadcast, stream, download, edit, alter, modify, adapt, translate, create derivative works based upon and publicly perform User-Generated Content, in whole or in part, by all means and in all media now known or hereafter devised for any and all purposes without further notice to you and with or without attribution (the “User-Generated Content License”). You agree to the User-Generated Content License whether or not your User-Generated Content is used by us.
You agree that User-Generated Content will not be subject to any expectation of trust or confidence between us and that no confidential or fiduciary relationship is intended or created between you and us. To the extent that any so-called “moral rights,” “neighboring rights” or similar or analogous rights apply to any User-Generated Content and which are not exclusively owned by us, you agree not to enforce or assign, or permit any third party to enforce or assign, any such rights.
Each time that you access the Website, or post or submit User-Generated Content, you agree that the User-Generated Content License is ratified and confirmed with respect to such User-Generated Content and all User-Generated Content previously posted or submitted by you.No Professional Advice
The information contained in or made available through the Sites (including but not limited to information contained on message boards, in text files, or in blogs) cannot replace or substitute for the services of trained professionals in any field, including, but not limited to, financial, medical, psychological, or legal matters. In particular, you should regularly consult a doctor or medical professional in all matters relating to physical or mental health, particularly concerning any symptoms that may require in-person diagnosis or medical attention. We and our licensors, partners, content providers, experts and suppliers make no representations or warranties concerning any product, treatment, action, or application of medication or preparation by any person following the information offered or provided within or through the Sites. Neither we nor our partners, or any of their affiliates, will be liable for any direct, indirect, consequential, special, exemplary or other damages that may result, including but not limited to economic loss, injury, illness or death. You alone are responsible and accountable for your decisions, actions and results in life, and by your use of the Sites, you agree not to attempt to hold us liable for any such decisions, actions or results, at any time, under any circumstance.Disclaimer of Warranty; Limitation of Liability
(a) Each user expressly agrees that use of this website is at his or her sole risk. Neither the Company nor any of its respective affiliates, employees, agents, third-party content providers, technical providers, or licensors, if any ("companies") warrant that this website will be uninterrupted or error free, nor do they make any warranty as to the results that may be obtained from use of this website or as to the accuracy, reliability, or content of any information, service, or merchandise provided through The Company or its content providers.
(b) This website is provided on an "as is" basis without warranties of any kind, either express or implied, including but not limited to warranties of title or implied warranties of merchantability or fitness for a particular purpose, other than those warranties which are implied by and incapable of exclusion, restriction or modification under the laws applicable hereunder.
(c) The disclaimers of liability contained herein apply to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of records or material, whether for breach of contract, tortious behavior, negligence, or under any other cause of action. Each user specifically acknowledges that The Company is not liable for the defamatory, offensive or illegal conduct of third parties, including other users and that the risk of injury from the foregoing rests entirely with each user.
(d) In no event will The Company or the companies or any person or entity involved in creating, producing, or distributing this website be liable for any direct, indirect, incidental, special, or consequential damages arising out of the use of or inability to use this website or out of the breach of any warranty.
(e) The Company neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, or statement on this website, nor for any offensive, defamatory, or obscene posting made on the Site by anyone. Under no circumstances will The Company be liable for any loss or damage caused by a user's reliance on information obtained through the content and/or any postings on this website. It is the responsibility of each user to evaluate the accuracy, completeness, or usefulness of any information, opinion, advice, or other content available through and from this website.
(f) The Company does not endorse, warrant or guarantee any product or service offered by a third-party through the service and will not be a party to or in any way monitor any transaction between any user and third-party providers of products or services. As with the purchase of a product or service through any medium or in any environment, each user should use his or her best judgment and exercise caution where appropriate.
(g) Each user specifically acknowledges that in no event will The Company or the companies, nor any of their respective employees or agents be liable for any direct, indirect, incidental, special, or consequential damages arising out of (I) the use by such user of any browser owned or operated by any party and/or (II) the downloading of any software owned or operated by any third-party in connection with the service.Monitoring
The Company shall have the right, but not the obligation, to monitor the content of this website to determine compliance with this Agreement and any other operating rules established by The Company The Company shall have the right in its sole discretion to edit, refuse to post, or remove any material submitted to or posted on this website. Without limiting the foregoing, The Company shall have the right to remove any material that in its sole discretion, finds to be in violation of the provisions hereof, otherwise objectionable, or stale. Notwithstanding this right of the Company, users shall remain solely responsible for the content of their messages. Each user acknowledges and agrees that neither The Company nor any third party content provider shall assume or have any liability for any action or inaction by The Company or any third party content provider with respect to any conduct, communication or posting on this website.Indemnification
Each user agrees to defend, indemnify, and hold harmless The Company and the Companies, its affiliates, partners, experts, providers and others involved with the Site and business, and their respective officers, directors, officers, employees, and agents from and against any and all claims and expenses, including attorneys' fees, arising out of the use of this website and its products and services by such user, or as otherwise set forth herein.Trademarks
Trademarks appearing in or on this website are registered trademarks of The Company and all rights thereto are reserved. All other trademarks appearing on this website are the property of their respective owners.Miscellaneous
The Company may collect personal information about users. Any personal information (e.g., name, e-mail address, telephone numbers or otherwise) provided by such users may be used by The Company or the Companies as they may determine, without any compensation or consideration to the user. Further, by a user submitting content to the Company or its Sites, including but not limited to stories, testimonials, photos, audio, video, and other information which may include the user name, photos, text, or otherwise, such user or provider grants The Company the right and permission to review, edit, use and categorize such content provided in any manner The Company deems appropriate. The Company shall have no obligation to return or use such content provided.Special Admonitions for International Use
Recognizing the global nature of this website and Internet, each user agrees to comply with all local rules regarding online conduct and acceptable content. Specifically, each user agrees to comply with all applicable laws regarding the transmittal of technical data exported from the United States or the country in which such user resides.
If you have any questions about this policy, the practices of this site, or your dealings with this Web site, please contact us.