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FIGURE FACTS, LLC AGREEMENT
FIGUREFACTS.COM WEBSITE TERMS AND CONDITIONS OF USE
PLEASE READ THESE
TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE. Your use
of this site is expressly
conditioned on your acceptance of the following terms and conditions and
the FIGUREFACTS PRIVACY POLICY. By accessing
this site, or downloading or viewing any materials, you are signifying
that you have read and agreed to all applicable guidelines, policies,
regulations and rules set forth herein or otherwise provided by FIGUREFACTS
and you signify your assent to these Terms and Conditions. If you do not
agree with any part of the following Terms and Conditions, you must not
access any materials or otherwise use this site.
Limited permission
to view using a browser and to cache granted subject to the Terms and
Conditions herein.
All content, images,
Web site design elements, text, graphics, logos, buttons, icons, other
material, the presentation, selection and arrangement thereof, and all
software Copyright © 2002-. FigureFacts.com, 980 N. Michigan Avenue, Suite
1400, Chicago, IL USA 60611.
ALL
RIGHTS RESERVED.
This agreement, between
you and FigureFacts, L.L.C. ("FIGUREFACTS"), addresses the use of distributed
material at www.figurefacts.com or material otherwise made available by
FIGUREFACTS (collectively referred to as "Content"), regardless of the
medium.
Responsibilities
of Users:
- User
shall access the FIGUREFACTS Content responsibly, respecting the rights
of FIGUREFACTS and the needs of other Users.
- If
User subscribes to a subscription-based service or section of this Web
site, User will adhere to the FIGUREFACTS Subscriber Agreement. User
will be responsible for any usage of his or her account and must maintain
the secrecy of his or her password(s).
- User must report
any misuse of FIGUREFACTS Content or violations of these Terms and Conditions
to info@figurefacts.com.
- User must comply
with all reasonable requests and instructions regarding the Content
made available by FIGUREFACTS.
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OWNERSHIP. This
site and all Content available via this site are the copyrighted
property of FIGUREFACTS, and/or its various third party providers
and distributors. Third party providers or distributors may own
portions of the material found on this site and such material is
the copyrighted work of the respective third party provider or distributor.
None of the Content or data found on this site may be reproduced,
republished, distributed, sold, transferred, stored, archived or
modified without the express written permission of FIGUREFACTS and/or
its third party providers or distributors, except as provided in
the FIGUREFACTS Subscriber Agreement. In addition, the trademarks,
logos and service marks displayed on this site (collectively, the
"Trademarks") are registered and/or common law trademarks of FIGUREFACTS,
their affiliates, and various third parties. Nothing contained on
this site should be construed as granting, by implication, estoppel,
or otherwise, any license or right to use any of the Trademarks
without the written permission of FIGUREFACTS or such other party
that may own the Trademarks. Inclusion of third party brand names
or products on figurefacts.com is not an endorsement by FIGUREFACTS.
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USE OF SITE.
This Web site is intended for educational purposes only. Information
on this web site should not be used as a substitute for professional
medical advice, and you should consult with a qualified medical
professional prior to changing your current diet or exercise regime.
The contents of this web site are for personal, non-commercial use
only, and any other use is strictly prohibited. You may only use
this site to access the Content or make inquiries to FIGUREFACTS
and not for any other purposes. This site and the Content provided
in this site may not be copied, reproduced, republished, uploaded,
posted, transmitted or distributed without the written permission
of FIGUREFACTS. Archiving, saving, 'embedding' or using analogous
technology to capture Content is strictly prohibited unless specifically
authorized in writing. Unauthorized use of this site and/or the
Content contained on this site may violate applicable copyright,
trademark or other intellectual property laws or other laws. Any
Content retained by User must include all copyright and trademark
notices and other proprietary notices contained in the Content.
The use of any Content on any other Web site, in any environment
of networked computers or any other medium is strictly prohibited,
except as provided in the FIGUREFACTS Subscriber Agreement. You
are prohibited from submitting, posting or transmitting any unlawful,
threatening, libelous, defamatory, obscene, indecent, inflammatory,
pornographic or profane material or any material that could constitute
or encourage conduct that would be considered a criminal offense,
give rise to civil liability, or otherwise violate any law.
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AUTHORIZED USER,
AGE AND RESPONSIBILITY. You represent that you are an authorized
User of FIGUREFACTS, have rights to access FIGUREFACTS Content,
are of sufficient legal age to use this site and to create binding
legal obligations for any liability you may incur as a result of
the use of this site. You understand that you are financially responsible
for all uses of this site by you and those using your login information.
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PRIVACY. You
have read the FIGUREFACTS Privacy Policy [provide link to privacy
policy], the terms of which are incorporated herein, and agree that
the terms of such policy are reasonable. You consent to the use
of any information submitted to FIGUREFACTS by FIGUREFACTS and/or
its third party providers and distributors in accordance with the
terms of and for the purposes set forth in the FIGUREFACTS PRIVACY POLICY.
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MESSAGE BOARDS.
FIGUREFACTS may maintain chat rooms, online bulletin boards and
other forms of real time communication. The Company may, but generally
does not, monitor communications for accuracy or compliance with
this Agreement. You may not use the web site to make create, solicit,
transmit, upload, or publish anything that: (i) is offensive, (ii)
violates the rights of another, including intellectual property
rights, (iii) infringes on a person's privacy rights, (iv) contains
a computer virus or corrupt data, (v) impersonates any person, (vi)
violates any applicable law, (vii) is in the nature of promotional
material, including "spamming" activities in chat rooms or message
board. By communicating through the Web site, you grant FIGUREFACTS
a perpetual, royalty-free, irrevocable, non-exclusive license to
use, reproduce, publish, post, and create derivative works from
all communications.
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TERMINATION.
This Agreement may be terminated by User at any time by discontinuing
use of the FIGUREFACTS Web site. This Agreement may be suspended
or terminated by FIGUREFACTS (i) automatically upon any violation
of this Agreement, with or without prior notice to the User at FIGUREFACTS's
sole discretion; or (ii) at any time, for any reason, or no reason
at all, with or without prior notice to the User. Upon any termination
by FIGUREFACTS, User shall discontinue any efforts to access the
FIGUREFACTS Web site.
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EXCLUSION OF
WARRANTY. FIGUREFACTS AND ANY THIRD PARTY PROVIDERS AND DISTRIBUTORS
MAKE NO WARRANTY OF ANY KIND REGARDING THIS SITE AND/OR ANY CONTENT
PROVIDED ON THIS SITE, ALL OF WHICH ARE PROVIDED ON AN "AS IS" AND
"AS AVAILABLE" BASIS. FIGUREFACTS AND ANY THIRD PARTY PROVIDERS
AND DISTRIBUTORS DO NOT WARRANT THE ACCURACY, COMPLETENESS, CURRENCY
OR RELIABILITY OF ANY OF THE CONTENT OR DATA FOUND ON THIS SITE
AND SUCH PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS,
INCLUDING IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, AND THOSE
ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING
OR USAGE OF TRADE.
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LIMITATION OF
LIABILITY. FIGUREFACTS ASSUMES NO RESPONSIBILITY, AND SHALL NOT
BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT YOUR COMPUTER
EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF,
OR BROWSING IN THIS SITE OR YOUR DOWNLOADING OF ANY CONTENT, DATA,
TEXT, IMAGES, VIDEO, AUDIO OR OTHER MATERIAL FROM THE SITE. IN NO
EVENT SHALL FIGUREFACTS OR ANY THIRD PARTY PROVIDERS OR DISTRIBUTORS
BE LIABLE FOR ANY INJURY, LOSS, CLAIM, DAMAGE, OR ANY SPECIAL, EXEMPLARY,
PUNITIVE, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND
(INCLUDING, BUT NOT LIMITED TO LOST PROFITS OR LOST SAVINGS), WHETHER
BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, WHICH ARISES
OUT OF OR IS IN ANY WAY CONNECTED WITH (I) ANY USE OF THIS SITE
OR CONTENT FOUND HEREIN, (II) ANY FAILURE OR DELAY OR (III) THE
PERFORMANCE OR NON-PERFORMANCE BY FIGUREFACTS OR ANY THIRD PARTY
PROVIDERS OR DISTRIBUTORS, EVEN IF SUCH PARTY HAS BEEN ADVISED OF
THE POSSIBILITY OF DAMAGES TO SUCH PARTIES OR ANY OTHER PARTY.
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SERVICES DISCLAIMER.
FIGUREFACTS PRESENTS THE INFORMATION ON THIS WEB SITE AS A SERVICE
TO OUR USERS AND SUBSCRIBERS. WHILE THE INFORMATION ON THIS SITE
IS ABOUT HEALTH ISSUES, IT IS NOT MEDICAL ADVICE. MOREOVER, WE MAKE
NO WARRANTY OR GUARANTEE CONCERNING THE ACCURACY OR RELIABILITY
OF THE CONTENT AT THIS SITE OR AT OTHER SITES TO WHICH WE MAY LINK.
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INDEMNIFICATION.
You shall defend and indemnify FIGUREFACTS and any third party providers
and distributors and their officers, directors, employees and agents
from and against any claim, cause of action or demand, including
without limitation reasonable legal and accounting fees, brought
by third parties as a result of your use of this site.
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LINKS. This
site may contain links to other Web sites that are provided solely
as a convenience to you and are not necessarily an endorsement by
FIGUREFACTS or its third party providers or distributors of the
contents of such other Web sites. Neither FIGUREFACTS nor any third
party provider or distributor shall be responsible for the content
of any other Web sites and makes no representation or warranty regarding
any other Web sites or the contents or materials on such Web sites.
If you decide to access other Web sites or participate in any offers
or programs via such Web sites, you do so at your own risk.
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SUBMISSIONS.
"Submissions" means all comments, feedback, suggestions, photos,
surveys, reports, e-mail and other information or materials that
you submit to FIGUREFACTS. Submissions will not be confidential
and will become the property of FIGUREFACTS upon submission to FIGUREFACTS.
By providing any such Submissions, you agree to assign to FIGUREFACTS,
at no charge, all worldwide rights, title and interest in copyrights
and other intellectual property rights to the Submissions. You represent
and warrant that any Submission you provide to FIGUREFACTS will
be complete and accurate. You acknowledge that you are responsible
for the Submissions that you provide, and that you, not FIGUREFACTS,
have full responsibility for the Submissions, including their legality,
reliability, appropriateness, originality and copyright. FIGUREFACTS
does not prescreen or monitor any Submissions as a matter of policy.
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NOTICES. Except
as otherwise provided herein, all notices must be in writing to
FigureFacts, 980 N. Michigan Avenue, Suite 1400, Chicago IL 60611,
Attention: Roberta Clarke.
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RELATIONSHIP.
Your use of this site is independent of FIGUREFACTS and not as an
employee, agent, partner, or joint venturer with FIGUREFACTS for
any purpose.
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GOVERNING LAW.
This Agreement and its performance shall be governed by the laws
of the State of Illinois, United States of America, without regard
to its conflict of laws provisions. You consent and submit to the
exclusive jurisdiction of the state and federal courts located in
Cook County, the State of Illinois, United States of America, in
all questions and controversies arising out of your use of this
site and this Agreement.
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ASSIGNMENT.
You may not assign, convey, subcontract or delegate your rights,
duties or obligations hereunder.
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MODIFICATION.
FIGUREFACTS may at any time modify these Terms and Conditions and
your continued access of this Web site, its Content or other use
of this site will be conditioned upon the terms and conditions in
force at the time of your use. It is your responsibility to review
these Terms and Conditions periodically for any changes or modifications,
as there will be no individual notices to Users regarding such changes
or modifications. Users may look for new versions of these Terms
and Conditions by checking www.figurefacts.com. User's continued
use of any service offered by FIGUREFACTS constitutes an affirmative
acknowledgment by User of these Terms and Conditions including any
subsequent modifications made to them and User's agreement to abide
and be bound by them.
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ADDITIONAL TERMS.
Additional terms and conditions may apply to reservations, purchases
of goods and services and other uses of portions of this site, and
you agree to abide by such other terms and conditions.
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SEVERABILITY.
These terms and conditions shall be deemed severable. In the event
that any provision is determined to be unenforceable or invalid,
such provision shall nonetheless be enforced to the fullest extent
permitted by applicable law, and such determination shall not affect
the validity and enforceability of any other remaining provisions.
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HEADINGS. The
heading used in these Terms and Conditions are included by convenience
only and will not limit or otherwise affect these Terms and Conditions.
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| 21. |
WAIVER. The
failure of FIGUREFACTS to exercise or enforce any right or provision
of these Terms and Conditions shall not constitute a waiver of such
right or provision. User and FIGUREFACTS agree that any cause of
action arising out of or related to Services provided under this
Agreement other than a Subscriber's obligation to pay Subscription
Fees must commence within one (1) year after the cause of action
arose; otherwise, such cause of action is permanently barred.
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ENTIRE
AGREEMENT. These terms and conditions, together with those incorporated
herein or referred to herein constitute the entire agreement between
us relating to the subject matter hereof, and supersedes any prior
understandings or agreements (whether oral or written) regarding the
subject matter, and may not be amended or modified except in writing
or by making such amendments or modifications available on this site |
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