| TERMS & CONDITIONS |
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TERMS AND CONDITIONS OF USE Welcome to this website operated by Stonefly Communications Group, LLC (“Stonefly”). Stonefly provides you with this website (the “Site”) as a forum for the discussion of health-related topics. Please read these terms and conditions carefully, as they govern your use of the Site. Before using the Site you must agree to all of these terms and conditions. If you disagree with any of these terms, refrain from use of the Site. Stonefly reserves the right to change or discontinue the Site, any aspect of the Site, or these terms and conditions, at any time, without notice. STONEFLY OFFERS THE SITE TO YOU CONDITIONED ON YOUR ACCEPTANCE, WITHOUT MODIFICATION, OF THIS AGREEMENT. YOUR USE OF THE SITE CONSTITUTES YOUR ACCEPTANCE OF THIS AGREEMENT. USE OF THE SITE The Site is for your personal use only. You will not use the Site for commercial purposes. You will not use the Site in any way that is unlawful, or harms Stonefly, its affiliates, employees, service providers and/or vendors or any customer or client of Stonefly. Without limiting the generality of this section, you may not use the Site in any manner that could damage, disable, overburden, or impair the Site (or the network(s) connected to the Site) or interfere with any other party's use and enjoyment of the Site. You are fully responsible for your activities while using the Site, and you shall bear all risks associated with using the Site. You agree not to use the Site to engage in any prohibited conduct. Prohibited conduct includes, but is not limited to, using this Site to: (a) intercept or interfere with any communication; (b) violate the security or integrity of, or gain unauthorized access to, this Site or any other service or system; (c) disseminate viruses, Trojan horses, or other code or programming intended to damage, interfere with, intercept or expropriate any system or data; (d) send "spam" or other unsolicited communications to any party; (e) create a "mail drop" for such communications, or engage or permit e-mail relay services; (f) impose an unreasonably large load on any system or infrastructure; (g) commit fraud; (h) "spoof" or otherwise impersonate any other party, falsely stating or otherwise misrepresenting your identity or affiliation in any way; (i) send or receive any material that infringes or violates any intellectual property or other right of any entity or person, including, without limitation, copyrights, patents, trademarks, laws governing trade secrets, rights to privacy, or publicity; (j) send or receive any material that you do not have a right to make available; (k) engage in conduct that would expose Stonefly or its affiliates to civil or criminal liability; or (l) assist others in engaging in prohibited conduct. PUBLIC AREAS You agree that you will not upload or transmit any communications or content of any type to any public areas (including blogs, message boards, etc.) (“Public Areas”) that infringe or violate any rights of any party or violate any of these terms and conditions. By submitting communications or content to the Public Areas, you agree that such submission is non-confidential for all purposes. If you make any submission to a Public Area or if you submit any business information, idea, concept or invention to Stonefly by email, you hereby grant Stonefly a royalty-free, perpetual, irrevocable, transferable, world-wide nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, distribute, and display the communication or content in any media or medium, or any form, format, or forum now known or hereafter developed. If you use a Public Area, you are solely responsible for your own communications, the consequences of posting those communications, and your reliance on any communications found in the Public Areas. Stonefly and its licensors are not responsible for the consequences of any communications in the Public Areas. In the use of the Public Areas, you agree not to (a) post material that is unlawful, obscene, defamatory, threatening, harassing, abusive, slanderous, hateful, or embarrassing to any other person or entity as determined by Stonefly in its sole discretion; (b) post advertisements or solicitations of business; (c) after receiving a warning, continue to disrupt the normal flow of dialogue, or post comments that are not related to the topic being discussed; (d) post chain letters or pyramid schemes; (e) harvest or otherwise collect information about others, including email addresses, without their identification for posting or viewing comments; (f) allow any other person or entity to use your identification for posting or viewing comments; or (g) engage in any other conduct that restricts or inhibits any other person from using or enjoying the Public Area or the Site, or which, in the judgment of Stonefly, exposes Stonefly or any of its customers, clients or suppliers to any liability or detriment of any type. Stonefly reserves the right (but is not obligated) to do any or all of the following: record the dialogue in public chat rooms; investigate an allegation that a communication does not conform to the terms of this section and determine in its sole discretion to remove or request the removal of the communication; remove or delete communications which are abusive, illegal, or disruptive, or that otherwise fail to conform with these terms and conditions; terminate a user's access to any or all Public Areas and/or the Site upon any breach of these terms and conditions; monitor, edit, or disclose any communication in the Public Areas. You acknowledge and understand that the views expressed by users in the Public Areas are their own, and do not necessarily reflect the views of Stonefly or any of its agents or affiliates. INTELLECTUAL PROPERTY RIGHTS This Site, the content provided herein, including but not limited to text, photos, video, graphics, audio, information, statistics, and any software that is made available for download from this Site (collectively "Content"), is the copyrighted work of Stonefly and its affiliates or is licensed by Stonefly from third parties. The Content is made available for downloading solely for use by you. Any reproduction or redistribution of the Content, or any portion of the Content, not in accordance with this Agreement is expressly prohibited by law and may result in civil or criminal penalties. The Site includes references to trademarks of Stonefly and others. Nothing contained on the Site should be construed as granting any license or right to use any Content or trademark displayed on the Site without the written permission of Stonefly or such third party that may own the Content or trademarks displayed on the Site. It is Stonefly's policy to enforce its intellectual property rights to the fullest extent of the law, including seeking criminal sanctions. WARRANTY DISCLAIMER & LIMITATION OF LIABILITY STONEFLY HEREBY DISCLAIMS ALL WARRANTIES WITH REGARD TO THE SITE, THE CONTENT, OR ANY SOFTWARE, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. STONEFLY MAKES NO REPRESENTATIONS ABOUT THE COMPLETENESS, ACCURACY, TIMELINESS, CONTINUITY, APPROPRIATENESS, AND SUITABILITY FOR ANY PURPOSE, OF ANY INFORMATION CONTAINED IN THE SITE. IN NO EVENT SHALL STONEFLY (OR ITS PARENT COMPANIES, SUBSIDIARIES, AFFILIATES, AND THEIR RESPECTIVE AGENTS, EMPLOYEES AND REPRESENTATIVES) BE LIABLE FOR ANY SPECIAL, INCIDENTAL, PUNITIVE, INDIRECT, OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM THE USE, OR LOSS OF USE, OF THE SERVICE OR THE SITE, OR ANY INFORMATION OR CONTENT CONTAINED ON THE SITE REGARDLESS OF THE NATURE OF THE ACTION. YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE SITE IS PROVIDED ON AN 'AS IS' AND 'AS AVAILABLE' BASIS. STONEFLY DOES NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT ANY INFORMATION, SOFTWARE OR OTHER MATERIAL ACCESSIBLE VIA THE SITE IS FREE OF VIRUSES, WORMS, TROJAN HORSES, OR OTHER HARMFUL COMPONENTS. NO ORAL STATEMENT OR INFORMATION GIVEN BY STONEFLY (OR ITS PARENT COMPANIES, SUBSIDIARIES, AFFILIATES, AND THEIR RESPECTIVE AGENTS, EMPLOYEES AND REPRESENTATIVES) SHALL CREATE A WARRANTY. NO INFORMATION ON THE SITE IS PROVIDED WITH THE INTENTION OF GIVING MEDICAL ADVICE OR INSTRUCTIONS. IF YOU ARE DISSATISFIED WITH THE SITE OR ANY OF STONEFLY’S TERMS, CONDITIONS, RULES, POLICIES, GUIDELINES OR PRACTICES, OR OTHERWISE HAVE A DISPUTE WITH STONEFLY, YOUR SOLE AND EXCLUSIVE REMEDY IS TO TERMINATE THIS AGREEMENT AND DISCONTINUE USING THE SITE. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH CASE, IN NO EVENT SHALL STONEFLY’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING ITS OWN NEGLIGENCE) OR UNDER ANY OTHER LEGAL THEORY (INCLUDING STRICT LIABILITY) EXCEED $100. EXTERNAL LINKS The Site may contain hyperlinks to other websites owned and operated by third parties. The linked sites are not under Stonefly’s control and Stonefly is not responsible for the contents of any third party web site or any information or services provided by such third parties. The presence of any hyperlink does not imply endorsement by Stonefly of the linked web site. NOTICE OF INDEMNIFICATION You agree to defend, indemnify and hold harmless Stonefly, its parent companies, subsidiaries, affiliates, employees, contractors, telecommunication providers, content providers, and assignees and their respective officers, directors, employees and agents from and against any and all liabilities, claims, actions, demands, damages, costs, losses and expenses (including reasonable attorney's fees) arising out of your use of the Site, or the use of any third party websites or services. ARBITRATION; BINDING LAW All disputes arising between you and Stonefly, out of or in relation to or in connection with this Site, including without limitation any statutory, common law, regulatory, local, state, federal or constitutional claims, shall be finally resolved by arbitration conducted in Franklin County, Ohio, in accordance with the rules for commercial arbitration of the American Arbitration Association in effect at the time such arbitration is initiated. A single arbitrator will be selected by you and Stonefly to resolve the dispute, and the decision of the arbitrator shall be final and binding upon all parties. Your filing fees and administrative fees (including any arbitrator’s fees, hearing fees, and case management fees) shall not exceed $500; to the extent that such fees exceed $500, such fees will be paid by Stonefly. You will, however, be responsible for paying your own attorneys’ fees and related expenses, including witness fees (if any). Any questions involving contract interpretation shall be made in accordance with the laws of Ohio without regard to the laws of conflict. IN ADDITION, YOU AGREE THAT ANY ARBITRATION THAT YOU INITIATE THAT ARISES FROM OR RELATES TO THIS AGREEMENT OR THE SITE MUST BE INITIATED WITHIN ONE (1) YEAR FROM THE DATE ON WHICH YOUR CLAIM ACCRUES, AND THAT NO CLAIM MAY BE ASSERTED AFTER THAT TIME. YOU FURTHER AGREE THAT NO CLAIM IN THE NATURE OR FORM OF A CLASS ACTION WILL BE ASSERTED IN THE ARBITRATION PROCEEDING. Notwithstanding the foregoing agreement to arbitration, Stonefly shall have the right to bring legal action against you in a court of law to protect and enforce Stonefly’s intellectual property or indemnification rights, including recovery of any damages. IN THE EVENT THAT ANY SUCH ACTION IS INITIATED BY STONEFLY, YOU AGREE TO SUBMIT TO THE JURISDICTION OF THE STATE AND FEDERAL COURTS LOCATED IN FRANKLIN COUNTY, OHIO FOR PURPOSES OF SUCH ACTION AND YOU WAIVE ANY OBJECTION TO PERSONAL JURISDICTION, VENUE, OR FORUM NON CONVENIENS IN SUCH COURTS. IN ADDITION, YOU WAIVE THE RIGHT TO A TRIAL BY JURY IN ANY SUCH ACTION. MISCELLANEOUS You agree that if any provision(s) of this Agreement is(are) determined to be invalid or unenforceable under applicable law, such provision(s) will be deemed superseded by a valid, enforceable provision that most closely serves the intent of the original provision, and the remainder of this Agreement will continue to have legal effect. You agree that this Agreement constitutes the entire agreement between you and Stonefly regarding its subject matter, and it supersedes any prior or contemporaneous agreements between you and Stonefly regarding its subject matter. This Agreement may not be modified orally, but may only be modified in writing through the posting of revised terms and conditions through the Site. Any rights not expressly granted herein are reserved by Stonefly. The provisions of these terms and conditions shall survive termination of this Agreement or your use of the Site. Stonefly reserves the right to make changes to the Site and these terms and conditions at any time, which changes shall become effective immediately upon posting on the Site. By clicking "I accept" below, I acknowledge that I have read and agree to the terms and conditions set forth above relating to my use of the Site, and that my use of the Site is expressly conditioned on my agreement to all such terms and conditions. |
