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Terms of Use
Our lawyers made us include it and made us
use a precious button on our home page to get you here. At first, we
thought the lawyers were a real pain. But then we read the page. What a
Netwakening! It's really important stuff. We took the legalese the
lawyers wrote and translated it into readable English. So be a smart
nethead and read the stuff on this page. It could prevent you from
hearing from our lawyers, or worse yet, from really nasty people, like
prosecutors.
Here's the deal:
We run this site so that people like you
(and people you like) can use it for personal entertainment,
information, education, communication, and cybergratification. So go
ahead and browse around all you like. You can even download stuff from
the site but only for non-commercial, personal use. If you do, though,
don't fool around with the copyright and other notices all over the
stuff. They're there for a really good reason. And don't even think
about distributing, modifying, transmitting, reusing, re-posting, or
anything else un-cool with any of the stuff, including the text,
images, audio, and video, for public or commercial purposes unless we
give you written permission. And it's not likely we will.
If you visit our site, you're also legally
obligated to the terms and conditions listed below and any other law or
regulation that applies to the site, the Internet, the World Wide Web,
or Los Angeles, CA. You shouldn't access or browse the site if you have
any problem with that, because once you start, there's no turning back
-- you are bound by [read: stuck with] the terms and conditions.
So here's the scoop on our Top Eleven Rules for Cybersurfers who hang out on our site:
- For everyone's sake, just assume that everything on
the site is copyrighted unless we say it's not. So you can't use the
stuff except how we say you can on this page or anywhere else on the
site without our written permission. And like we said before, it's not
likely we'll give you permission anyway. In fact, even if we wanted to,
the lawyers are likely to veto any deal anyway. So it's better you
don't even ask.
- While we try to include accurate stuff on the site,
we're not promising you it's accurate. In fact, we're not promising you
anything except fun and entertainment. So if you use stuff on the site,
you're using it at your own risk. Don't call us if there's a problem
because we assume no liability or responsibility for errors or
omissions on the site.
- We and anybody else who helped us create, produce,
or deliver the site are not liable for any damages you suffer when you
use it. In particular, the lawyers want you to know that our disclaimer
includes "direct, incidental, consequential, indirect, or punitive
damages arising out of your access to, or use of, the site. Without
limiting the foregoing, everything on the site is provided to you 'AS
IS' WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON INFRINGEMENT.
Please note that some jurisdictions may not allow the exclusion of
implied warranties, so some of the above exclusions may not apply to
you. Check your local laws for any restrictions or limitations
regarding the exclusion of implied warranties. Ugh! What a mouthful
from the mouthpieces. We put all of that in quotes because we couldn't
figure out any other way to say it that the lawyers would accept. But
here's the bottom line -- we're not responsible if you're browsing
around and the site damages you or your computer or infects it with any
nasty viruses. We sure hope that doesn't happen, but if it does, don't
call us.
- If you don't want the world to know something,
don't post in on the site in any bulletin board or anyplace else.
That's because anything you disclose to us is ours. That's right --
ours. So we can do anything we want with the stuff you post. We can
reproduce it, disclose it, transmit it, publish it, broadcast it, and
post it someplace else. We can even send it to your mother (as soon as
we find her address). Not only that, we can even use any ideas,
concepts, know-how, or techniques you post any way we want to,
including, developing, manufacturing and marketing products or other
stuff using the information you post.
- Pictures of people or places shown on the site are
either our property or someone else's property we're using with their
permission. No matter what, it's definitely not your property. You or
any of your net-friends can't use it unless we said you could on this
page or somewhere else on the site. And guess what -- we won't say yes.
So be careful, Bunky, because unauthorized use may violate all sorts of
nasty laws. Be smart, keep the stuff you download to yourself.
- There's also a lot of trademarks, logos, and
service marks on the site that either we own or we're using with
someone else's permission. So don't think you have any kind of license
or right to use them, because you don't and we're not about to give you
one. If you don't leave them alone and mess with our trademarks, logos
and service marks on our site, we'll probably go ballistic, so will the
companies that own the other trademarks, logos and service marks. That
means that we're likely to sue you or to ask a prosecutor to come after
you for messing around with our property or the property of others.
- You'll probably notice we've linked our site to
lots of others. While that's cool, it doesn't mean we've looked at all
those sites, much less checked them out periodically to see what's
going on. So don't blame us if some site you link to is bad or has
stuff on it that offends you or your pets. Go ahead and link, but
remember, you're doing it at your risk.
- That brings us to what you do on our own site.
While we occasionally listen in on chat groups, or look at the posting
in our discussion groups or on our bulletin boards, we take no
responsibility and assume no liability for the content of those
locations or for any mistakes, defamation, libel, slander, omissions,
falsehoods, obscenity, pornography, or profanity you might encounter
when you visit such places on our site. And don't be stupid by posting
or transmitting any unlawful, threatening, libelous, defamatory,
obscene, scandalous, inflammatory, pornographic, nasty, mean, or
profane material or any material that law enforcement types may
consider a criminal offense, get someone in court on a civil lawsuit,
or for that matter violate any law -- anywhere, anytime. While we
certainly respect your privacy, we have no choice but to fully
cooperate with any law enforcement authorities or court which might ask
us who might have posted nasty stuff on our site.
- Software that we use on this Site is protected by
all sorts of patriotic U.S. laws. Because of that, you can't download
or send the software to anyone in the vacation travel spots of Cuba,
Iraq, Libya, North Korea, Iran, Syria, or any other country where
United States has embargoed goods; or (get this) to anyone on the
United States Treasury Department's list of Specially Designated
Nationals, the U.S. Commerce Department's Table of Deny Orders, or the
FBI's Most Wanted Internet Creeps List (just kidding on the last one).
As if that were not tough enough, if you live in or are a national of
any of those lovely places, you're not even supposed to be reading this
page, so beat it!
- We're also allowed to change this page and anything
else on the site any time we want to. That's because it's ours and we
have the programmers who can do it. If we do change the page, then
you're bound by those changes, too, whenever you visit our site.
- If either of us wants to make something of it and
wants to "sue" (a dirty word) then we have to follow these rules of
engagement. (sort of according to the Geneva Convention):
To the extent you have in any manner violated or threatened to violate
YourHealthProduct.com and/or its affiliates' intellectual property
rights, YourHealthProduct.com and/or its affiliates may seek injunctive
or other appropriate relief in any state or federal and you consent to
exclusive jurisdiction and venue in such courts.
Any other disputes will be resolved as follows:
If a dispute arises under this agreement, we agree to first try to
resolve it with the help of a mutually agreed-upon mediator. Any costs
and fees other than attorney fees associated with the mediation will be
shared equally by each of us.
If it proves impossible to arrive at a mutually satisfactory solution
through mediation, we agree to submit the dispute to binding
arbitration, under the rules of the American Arbitration Association.
Judgment upon the award rendered by the arbitration may be entered in
any court with jurisdiction to do so.
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