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Effective Date: September
28, 2018
The following terms and
conditions constitute an
agreement between you and
NW Providers Directory (“NWP,”
“we,” or “us”), the operator of
www.nwproviders.com
(the “Site”) and related
websites (including, without
limitation,
UW Medicine Clinical Directory),
applications, services and
mobile applications provided by
NWP and on/in which these Terms
of Use are posted or referenced
(collectively, the “Services”).
These terms of use (the “Terms
of Use”), together with our
Privacy Policy (which is
incorporated herein by
reference, and collectively,
this “Agreement”) govern your
use of the Services. You must
agree to and accept all of the
terms of this Agreement, or you
do not have the right to use the
Services.
BY USING OR OTHERWISE ACCESSING
THE SERVICES, YOU AGREE TO THE
TERMS OF THIS AGREEMENT,
INCLUDING THE INFORMATION
PRACTICES DISCLOSED IN OUR
PRIVACY POLICY. IF YOU DO NOT
AGREE WITH THIS AGREEMENT, YOU
CANNOT USE THE SERVICES.
CLASS ACTION WAIVER: YOU AGREE
THAT YOU WAIVE YOUR RIGHT TO
PARTICIPATE IN A CLASS OR
COLLECTIVE ACTION LAWSUIT, OR
CLASS OR COLLECTIVE ARBITRATION.
Please note that we offer the
Services “AS IS” and without
warranties. If you use the
Services on behalf of an
individual or entity other than
yourself, you represent that you
are authorized by such
individual or entity to accept
this Agreement on such
individual’s or entity’s behalf.
1.1.The Site
By offering the Site for use,
NWP provides you with a
worldwide, nonexclusive,
nontransferable, revocable,
limited license to access and
make personal use of the
information and Services,
strictly subject to and in
accordance with these Terms of
Use. We reserve the right to
terminate this license at any
time and for any reason. Your
failure to comply with these
Terms of Use will result in
automatic termination of this
license, without prior notice,
and you must immediately destroy
all copies of downloaded
materials in your possession or
control. Except for the limited
license set forth in these Terms
of Use, NWP does not grant you
any express or implied rights or
licenses under any patents,
trademarks, copyrights or other
proprietary or intellectual
property rights.
The Content contained on the
Site is for informational and
educational purposes only and
should not be relied upon for
any medical or diagnostic
purpose, or for the treatment of
any condition or symptom. The
Content on the Site does not
constitute the provision or
practice of medical, nursing, or
professional health care advice
or services, and is not intended
to be a substitute for
professional medical advice,
diagnosis, or treatment.
“Content” means content, text,
data, graphics, images,
photographs, video, audio,
information, suggestions,
guidance, and other materials
provided, made available or
otherwise found through the
Services and/or Site.
You acknowledge that although
some Content may be provided by
healthcare professionals, the
provision of such Content does
not create a medical
professional/patient
relationship, and does not
constitute an opinion, medical
advice, or diagnosis or
treatment, but may assist you in
choosing a healthcare
specialist, professional,
provider, treatment or
rehabilitation center,
organization, or agents or
affiliates thereof
(collectively, “Healthcare
Provider”).
WE MAKE NO GUARANTEES,
REPRESENTATIONS OR WARRANTIES,
WHETHER EXPRESSED OR IMPLIED,
WITH RESPECT TO PROFESSIONAL
QUALIFICATIONS, EXPERTISE,
QUALITY OF WORK, PRICE OR COST
INFORMATION, INSURANCE COVERAGE
OR BENEFIT INFORMATION, OR ANY
OTHER CONTENT AVAILABLE THROUGH
THE SERVICES. IN NO EVENT SHALL
WE BE LIABLE TO YOU OR ANYONE
ELSE FOR ANY DECISION MADE OR
ACTION TAKEN BY YOU IN RELIANCE
ON ANY SUCH CONTENT.
FURTHERMORE, WE DO NOT IN ANY
WAY ENDORSE OR RECOMMEND ANY
INDIVIDUAL OR ENTITY LISTED OR
ACCESSIBLE THROUGH THE SERVICES.
1.2.NWP DOES NOT PROVIDE MEDICAL
ADVICE
The Content that you obtain or
receive from NWP, its employees,
contractors, partners, sponsors,
advertisers, licensors or
otherwise through the Services,
is for informational and
educational purposes only.
Medical information and
understanding change constantly,
and the information provided on
the Site, or on any websites or
sources referenced on the Site,
are subject to change without
notice and should not be
considered current, complete, or
exhaustive, nor should you rely
on such information to recommend
a course of treatment for you or
any other individual.
Do not disregard medical or
professional advice, or delay
seeking it, because of something
you read on the Site or on any
websites or sources referenced
on the Site. You should always
consult with a physician or
other qualified health care
provider regarding any specific
medical questions or concerns
and to assist you in
interpreting any information
contained on the Site or from
any websites or sources
referenced on the Site.
WHILE WE HOPE THE CONTENT IS
USEFUL TO YOU, IT IS NOT
INTENDED AS A SUBSTITUTE FOR,
NOR DOES IT REPLACE,
PROFESSIONAL MEDICAL ADVICE,
DIAGNOSIS, OR TREATMENT. DO NOT
DISREGARD, AVOID OR DELAY
OBTAINING MEDICAL ADVICE FROM A
QUALIFIED HEALTHCARE PROVIDER,
UNDER ANY CIRCUMSTANCE. DO NOT
USE THE SERVICES FOR EMERGENCY
MEDICAL NEEDS. IF YOU EXPERIENCE
A MEDICAL EMERGENCY, IMMEDIATELY
CALL A HEALTHCARE PROFESSIONAL
AND 911. YOUR USE OF THE CONTENT
IS SOLELY AT YOUR OWN RISK.
NOTHING STATED OR POSTED ON THE
SITE OR AVAILABLE THROUGH ANY
SERVICES IS INTENDED TO BE, AND
MUST NOT BE TAKEN TO BE, THE
PRACTICE OF MEDICINE OR OTHER
PROFESSIONAL HEALTHCARE ADVICE,
OR THE PROVISION OF MEDICAL
CARE.
We do not recommend or endorse
any specific tests, Healthcare
Providers, procedures, opinions,
or other information that may
appear through the Services. If
you rely on any Content, you do
so solely at your own risk. We
encourage you to independently
confirm any Content relevant to
you with other sources,
including the Healthcare
Provider’s office, medical
associations relevant to the
applicable specialty, your state
medical boards, and the
appropriate licensing or
certification authorities to
verify listed credentials and
education.
1.3.NO DOCTOR PATIENT
RELATIONSHIP
YOUR USE OF THIS CONTENT IS NOT
A SUBSTITUTE FOR HEALTHCARE. NO
LICENSED MEDICAL
PROFESSIONAL/PATIENT
RELATIONSHIP IS CREATED WHEN YOU
USE THE SERVICES OR CONTENT.
THIS IS TRUE WHETHER SUCH
CONTENT IS PROVIDED BY OR
THROUGH THE USE OF THE SERVICES
OR THROUGH ANY OTHER
COMMUNICATIONS FROM NWP
INCLUDING, WITHOUT LIMITATION,
LINKS TO OTHER SITES, OR ANY
ASSISTANCE WE MAY PROVIDE TO
HELP YOU FIND A HEALTHCARE
PROVIDER IN ANY FIELD.
NWP encourages Healthcare
Providers to use the Services
responsibly, but we have no
control over, and cannot
guarantee the availability of,
any Healthcare Provider at any
particular time. We will not be
liable for any injury or loss
resulting or arising from, or
related to, the use of the Site
or Services whatsoever.
1.4.AUTHORIZATION AND
ACKNOWLEDGEMENT; IMPORTANT
INFORMATION ABOUT HEALTHCARE
PROVIDER RELATIONSHIPS AND
HEALTHCARE PROVIDER LISTS
In connection with using the
Site and the Services to locate
and select Healthcare Providers,
you understand that:
YOU ARE RESPONSIBLE FOR CHOOSING
YOUR OWN HEALTHCARE PROVIDER,
INCLUDING, WITHOUT LIMITATION,
DETERMINING WHETHER THE
APPLICABLE HEALTHCARE PROVIDER
IS SUITABLE FOR YOUR HEALTHCARE
NEEDS BASED ON SPECIALTY,
EXPERIENCE, QUALIFICATION,
LICENSES, AND OTHER IMPORTANT
FACTS AND CIRCUMSTANCES THAT
COULD IMPACT YOUR CARE.
NWP (a) does not recommend or
endorse any Healthcare
Providers, and (b) does not make
any representations or
warranties with respect to these
Healthcare Providers or the
quality of the healthcare
services they may provide.
Healthcare Providers that are
displayed or offered in
connection with the Services are
not, and should not be
considered, an endorsement or
recommendation by NWP of the
Healthcare Provider.
1.5.THE SERVICES AND CONTENT ARE
INFORMATIONAL AND EDUCATIONAL
RESOURCES
The Services are an
informational and educational
resource for consumers and
Healthcare Providers. No party
(including NWP) involved in the
preparation or publication of
Content guarantee that the
Content is timely, accurate or
complete, and they will not be
responsible or liable for any
errors or omissions in, or for
the results obtained from the
use of, such Content.
Healthcare Provider Content:
Healthcare Provider and practice
Content is intended for general
reference purposes only. Such
Content can change frequently
and may become out of date,
incomplete or inaccurate.
Neither the Site nor NWP
provides any advice or
qualification certification
about any particular Healthcare
Provider.
Procedures/Products/Services:
Procedures, products, services
and devices discussed and/or
offered through the Services are
not applicable to all
individuals, patients or all
clinical situations. Any
procedures, products, services
or devices represented through
the Services by advertisers,
sponsors, and other participants
of the Services, either paid or
unpaid, are presented for your
awareness and do not necessarily
imply, and we make no claims as
to, safety or appropriateness
for any particular individual or
prediction of effectiveness,
outcome or success.
Insurance Content:
Insurance and insurance related
Content (including, without
limitation, insurance coverage
and benefit Content) (“Insurance
Content”) is intended for
general reference purposes and
for your convenience only.
Insurance Content can change
frequently and may become out of
date, incomplete or inaccurate,
and we are not responsible for
any inaccurate, incomplete or
outdated Insurance Content.
1.6.YOUR PERSONAL INFORMATION
Protecting patient privacy and
keeping your information secure
are among our biggest
priorities. Our Privacy
Policy details how we may use,
share, and maintain the
information that you voluntarily
share with NWP, which may
include, without limitation,
your name, address, social
security number and contact
information, insurance
information, medical history and
current medical needs, billing
information, and other
personally identifiable
information (collectively,
“Personal Information”).
1.7.YOUR RESPONSIBILITIES
The Services are free. However,
you are responsible for any and
all healthcare expenses. Usual,
customary, and any other charges
for any medical or related
services rendered by Healthcare
Providers will apply and will be
entirely your responsibility.
You are responsible for all use
of the Services. You may only
use the Site and the Services
for lawful, non-commercial
purposes. You may not use the
Site in any manner that could
damage, disable, overburden, or
impair our servers or networks,
or interfere with any other
party’s use and enjoyment of the
Site or the Services. You may
not attempt to gain unauthorized
access to any of the Services,
computer systems, or networks,
through hacking, password mining
or any other means. You may not
accumulate or index, directly or
indirectly, any Content or
portion of the Site and/or
Services (including, without
limitation, Healthcare Provider
Content and Insurance Content)
for any purpose whatsoever.
In addition to our rights in
these Terms of Use, we may take
any legal action and implement
any technological measures to
prevent violations of the
restrictions hereunder and to
enforce these Terms of Use.
1.8.CHANGES TO THE SERVICES; NEW
SERVICES; ADDITIONAL TERMS
We may from time to time add new
features to the Services,
substitute a new service for one
of the existing Services, or
discontinue or suspend one of
the existing Services. Under no
circumstances will NWP be liable
for any suspension or
discontinuation of any of the
Services or portion thereof, and
the use of new services will be
governed by this Agreement.
Some Services may have
additional terms (including,
without limitation, policies,
guidelines, and rules) that will
further govern your use of that
particular Service, and
supplement this Agreement. If
you choose to register for,
access, or use any such
Services, you may be presented
with such additional terms. By
using those Services, you agree
to comply with any such
additional terms, which are
incorporated by reference into
this Agreement.
1.9.LINKS TO OTHER WEBSITES
While using the Services, you
may encounter links to other
websites. These links are
provided for your convenience
only and we do not endorse these
sites or the products and
services they provide. You
acknowledge and agree that we
are not responsible or liable
for the content or accuracy of
these other websites. Although
we attempt to link to
trustworthy websites, it is
possible that they will contain
materials that are
objectionable, unlawful, or
inaccurate and we will not be
responsible or liable for the
legality or decency of material
contained in or accessed through
such other websites.
1.10.YOUR USE OF CONTENT
All of the Content is owned by
us or our licensors and is
protected by copyright,
trademark, patent, and trade
secret laws, other proprietary
rights, and international
treaties. You acknowledge that
the Services and any underlying
technology or software used in
connection with the Services
contain NWP’s proprietary
information. We give you
permission to use the Content
for personal, non-commercial
purposes only and do not
transfer any intellectual
property rights to you by virtue
of permitting your use of the
Services. You may print,
download, and store information
from the Site for your own
convenience, but you may not
copy, distribute, republish
(except as permitted in this
paragraph), sell, or exploit any
of the Content, or exploit the
Site or Services in whole or in
part, for any commercial gain or
purpose whatsoever. Except as
expressly provided herein,
neither NWP nor its suppliers
grant you any express or implied
rights, and all rights in the
Site and the Services not
expressly granted by NWP to you
are retained by NWP.
1.11.DISCLAIMER
NWP provides educational
information and resources
related to drug and alcohol
addiction and treatment.
You acknowledge that we have no
control over, and no duty to
take any action regarding: (a)
which users gain access to the
Site and/or the Services, (b)
what Content you access, (c)
what effects the Content may
have on you, (d) how you may
interpret or use the Content, or
(e) what actions you may take as
a result of having been exposed
to the Content. You release us
from all liability for you
having acquired, you having not
acquired, or your use of
Content, including, but not
limited to, any acts or
omissions arising from or
related to any Healthcare
Provider, including treatment
centers. We make no
representations or warranties
regarding any services or
products offered or purchased
through the Site, or the
Services. We have no special
relationship with or fiduciary
duty to you. WE PROVIDE THE
SERVICES “AS IS” AND “AS
AVAILABLE.” WE MAKE NO EXPRESS
OR IMPLIED WARRANTIES OR
GUARANTEES ABOUT THE SERVICES.
TO THE MAXIMUM EXTENT PERMITTED
BY LAW, WE HEREBY DISCLAIM ALL
SUCH WARRANTIES, INCLUDING ALL
STATUTORY WARRANTIES, WITH
RESPECT TO THE SERVICES AND THE
SITE, INCLUDING, WITHOUT
LIMITATION, ANY WARRANTIES THAT
THE SERVICES ARE MERCHANTABLE,
OF SATISFACTORY QUALITY,
ACCURATE, FIT FOR A PARTICULAR
PURPOSE OR NEED, OR
NON-INFRINGING. WE DO NOT
GUARANTEE THAT THE RESULTS THAT
MAY BE OBTAINED FROM THE USE OF
THE SERVICES WILL BE EFFECTIVE,
RELIABLE OR ACCURATE OR WILL
MEET YOUR REQUIREMENTS. WE DO
NOT GUARANTEE THAT YOU WILL BE
ABLE TO ACCESS OR USE THE
SERVICES (EITHER DIRECTLY OR
THROUGH THIRD-PARTY NETWORKS) AT
TIMES OR LOCATIONS OF YOUR
CHOOSING. WE ARE NOT RESPONSIBLE
FOR THE ACCURACY, RELIABILITY,
TIMELINESS OR COMPLETENESS OF
INFORMATION PROVIDED BY USERS OF
THE SERVICES OR ANY OTHER DATA
OR INFORMATION PROVIDED OR
RECEIVED THROUGH THE SERVICES.
EXCEPT AS EXPRESSLY SET FORTH
HEREIN, IMP MAKES NO WARRANTIES
ABOUT THE INFORMATION SYSTEMS,
SOFTWARE AND FUNCTIONS MADE
ACCESSIBLE THROUGH THE SERVICES
OR ANY OTHER SECURITY ASSOCIATED
WITH THE TRANSMISSION OF
SENSITIVE INFORMATION. IMP DOES
NOT WARRANT THAT THE SITE OR THE
SERVICES WILL OPERATE
ERROR-FREE, BUG-FREE OR FREE
FROM DEFECTS, THAT LOSS OF DATA
WILL NOT OCCUR, OR THAT THE
SERVICES, SOFTWARE OR SITE ARE
FREE OF COMPUTER VIRUSES,
CONTAMINANTS OR OTHER HARMFUL
ITEMS.
12.GENERAL LIMITATION OF
LIABILITY
IN NO EVENT SHALL OUR CUMULATIVE
LIABILITY TO YOU FOR ANY AND ALL
CLAIMS RELATING TO OR ARISING
OUT OF YOUR USE OF THE SERVICES
OR THE SITE, REGARDLESS OF THE
FORM OF ACTION, EXCEED THE
AMOUNT OF $100.00.
IN NO EVENT SHALL WE BE LIABLE
TO YOU (OR TO ANY THIRD PARTY
CLAIMING UNDER OR THROUGH YOU)
FOR ANY INDIRECT, SPECIAL,
INCIDENTAL, CONSEQUENTIAL OR
EXEMPLARY DAMAGES ARISING FROM
YOUR USE OF, OR INABILITY TO
USE, THE SITE AND/OR THE
SERVICES. THESE EXCLUSIONS
APPLY TO ANY CLAIMS FOR LOST
PROFITS, LOST DATA, LOSS OF
GOODWILL, COMPUTER FAILURE OR
MALFUNCTION, ANY OTHER
COMMERCIAL DAMAGES OR LOSSES, OR
MEDICAL MALPRACTICE OR
NEGLIGENCE OF HEALTHCARE
PROVIDERS UTILIZED THROUGH USE
OF THE SERVICES, EVEN IF WE KNEW
OR SHOULD HAVE KNOWN OF THE
POSSIBILITY OF SUCH DAMAGES.
BECAUSE SOME STATES OR
JURISDICTIONS DO NOT ALLOW THE
EXCLUSION OR THE LIMITATION OF
LIABILITY FOR CONSEQUENTIAL OR
INCIDENTAL DAMAGES, IN SUCH
STATES OR JURISDICTIONS, OUR
LIABILITY SHALL BE LIMITED IN
ACCORDANCE HEREIN TO THE MAXIMUM
EXTENT PERMITTED BY LAW.
IF YOU ARE A CALIFORNIA
RESIDENT, YOU WAIVE YOUR RIGHTS
WITH RESPECT TO CALIFORNIA CIVIL
CODE SECTION 1542, WHICH SAYS “A
GENERAL RELEASE DOES NOT EXTEND
TO CLAIMS WHICH THE CREDITOR
DOES NOT KNOW OR SUSPECT TO
EXIST IN HIS FAVOR AT THE TIME
OF EXECUTING THE RELEASE, WHICH,
IF KNOWN BY HIM MUST HAVE
MATERIALLY AFFECTED HIS
SETTLEMENT WITH THE DEBTOR.”
1.13.TERMINATION
NWP shall not be liable to you
or any third party for any
termination, suspension or
deactivation of your access to
the Site and/or the Services.
Further, you agree not to
attempt to use the Site and/or
the Services after any such
termination, suspension or
deactivation. Sections 1, 2, 3,
4, 6, 8, 9, 10, 11, 12, 13, 14,
and 15 shall survive any
termination or expiration of
these Terms of Use.
1.14.INDEMNIFICATION
Upon a request by us, you agree
to defend, indemnify, and hold
harmless us, our employees,
contractors, officers,
directors, agents, parent and
other affiliates, from all
liabilities, claims, demands and
expenses, including attorney’s
fees, that arise from or are
related to (a) your use of the
Site and/or Services, or (b) the
violation of this Agreement
(including, without limitation,
the Terms of Use or the Privacy
Policy), or of any intellectual
property or other right of any
person or entity, by you or any
person acting on your behalf.
The foregoing indemnification
obligation does not apply to
liabilities, claims and expenses
arising as a result of our own
gross negligence or intentional
misconduct.
1.15.MISCELLANEOUS
1.15.a.Electronic Contracting;
Copyright Dispute
Your affirmative act of using
the Services constitutes your
electronic signature to this
Agreement, which includes our
Privacy Policy, and your consent
to enter into such agreements
with us electronically.
1.15.b.Changes to These Terms of
Use
We may change these Terms of Use
and the other documents that are
part of the Agreement at any
time, as we reasonably deem
appropriate. Upon any such
change, we will post the amended
terms on the Site; we may also
attempt to notify you in some
other way. Your continued use of
the Site and/or the Services
following such posting shall
constitute your affirmative
acknowledgement of the Terms of
Use or other applicable
Agreement document, the
modification, and agreement to
abide and be bound by the Terms
of Use or other applicable
Agreement document, as amended.
We encourage you to periodically
review these Terms of Use and
the Agreement. IF AT ANY TIME
YOU CHOOSE NOT TO ACCEPT THESE
TERMS OF USE OR THE AGREEMENT,
INCLUDING FOLLOWING ANY SUCH
MODIFICATIONS HERETO, THEN YOU
MUST STOP USING THE SITE AND THE
SERVICES.
1.15.c.Limitation of Claims
No action arising under or in
connection with this Agreement,
regardless of the form, may be
brought by you more than one (1)
year after the cause of action
arose; actions brought
thereafter are forever barred.
1.15.d.Choice of Law;
Arbitration Clause and Class
Action Waiver – Important –
Please Review as This Affects
Your Legal Rights
This Agreement shall be deemed
to have been entered into and
shall be construed and enforced
in accordance with the laws of
the State of Washington as
applied to contracts made and to
be performed entirely within
Seattle, without giving effect
to the state’s conflicts of law
statute.
YOU AGREE THAT ALL DISPUTES
BETWEEN YOU AND US (WHETHER OR
NOT SUCH DISPUTE INVOLVES A
THIRD PARTY) WITH REGARD TO YOUR
RELATIONSHIP WITH US, INCLUDING,
WITHOUT LIMITATION, DISPUTES
RELATED TO THIS AGREEMENT, YOUR
USE OF THE SERVICES, AND/OR
RIGHTS OF PRIVACY AND/OR
PUBLICITY, ARE SUBJECT TO THE
EXCLUSIVE JURISDICTION OF THE
COURTS OF THE STATE OF
WASHINGTON, AS THE CASE MAY BE,
PRESIDING IN THE CITY OF
SEATTLE, WA, UNITED STATES OF
AMERICA.
Neither you nor we will
participate in a class action or
class-wide arbitration for any
claims covered by this
Agreement. YOU ARE WAIVING THE
ABILITY TO PARTICIPATE AS A
CLASS REPRESENTATIVE OR MEMBER
IN ANY CLASS OR COLLECTIVE CLAIM
YOU MAY HAVE AGAINST US
INCLUDING ANY RIGHT TO CLASS OR
ANY CONSOLIDATION OF INDIVIDUAL
CASES OR ARBITRATIONS. You also
agree not to participate in
claims brought in a private
attorney general or
representative capacity, or
consolidated claims involving
another person, if we are a
party to the proceeding.
1.15.e.Severability
In the event any one or more of
the provisions of this Agreement
shall for any reason be held to
be invalid, illegal or
unenforceable, the remaining
provisions of this Agreement
shall be unimpaired. Further,
the invalid, illegal or
unenforceable provision shall be
replaced by a provision that
comes closest to the intention
of the parties that underlie the
invalid, illegal or
unenforceable provision, except
to the extent no such provision
is valid, legal and enforceable,
in which case such invalid,
illegal or unenforceable
provision shall be limited or
eliminated to the minimum extent
necessary so that the other
provisions of this Agreement
remain in full force and effect
and enforceable.
1.15.f.Entire Agreement
This Agreement and any
supplemental terms, policies,
rules and guidelines posted
through the Services, each of
which are incorporated herein by
reference, including the Privacy
Policy, constitute the entire
agreement between you and us and
supersede all previous written
or oral agreements. If any part
of this Agreement is held
invalid or unenforceable, that
portion shall be construed in a
manner consistent with
applicable law to reflect, as
nearly as possible, the original
intentions of the parties, and
the remaining portions shall
remain in full force and effect.
The failure of NWP to exercise
or enforce any right or
provision of this Agreement
shall not constitute a waiver of
such right or provision. The
failure of either party to
exercise in any respect any
right provided for herein shall
not be deemed a waiver of any
further rights hereunder.
1.15.g.Headings
The headings of the sections of
this Agreement are for
convenience only, do not form a
part hereof, and in no way
limit, define, describe, modify,
interpret or construe the
meaning, scope or intent of this
Agreement or any terms or
conditions therein.
1.15.h.Assignment
We may assign this Agreement at
any time, including, without
limitation, to any parent,
subsidiary, or any affiliated
company, or as part of the sale
to, merger with, or other
transfer of our company to
another entity. You may not
assign, transfer or sublicense
this Agreement to anyone else
and any attempt to do so in
violation of this section shall
be null and void.
1.15.i.Eligibility
You must be 18 years of age or
over, or the legal age to form a
binding contract in your
jurisdiction if that age is
greater than 18 years of age, to
use the Site and the Services.
If you are between the ages of
13 and 18 or the applicable
legal age in your jurisdiction,
you can use the Site or Services
only under the supervision of
your parent or guardian who has
agreed to these Terms of Use.
Those under the age of 13 may
not use the Site or Services.
Parents or legal guardians of a
child under the age of 18 may
use the Site or Services on
behalf of such minor child. By
using the Site or Services on
behalf of a minor child, you
represent and warrant that you
are the parent or legal guardian
of such child, and that all
references in these Terms of Use
to “you” shall refer to such
child or such other individual
on whose behalf you have
authorization to enter into
these Terms of Use and you in
your capacity as the parent or
legal guardian of such child or
as the authorized party of such
individual.
If you do not qualify under
these Terms of Use, do not use
the Site or Services. Use of the
Services is void where
prohibited by applicable law,
and the right to access the Site
is revoked in such
jurisdictions. By using the Site
and/or the Services, you
represent and warrant that you
have the right, authority, and
capacity to enter into these
Terms of Use. The Site is
intended for U.S. users only;
any use outside of the U.S. or
use related to activities
outside of the U.S. is
prohibited and at the user’s own
risk. Users are responsible for
compliance with any local, state
or federal laws applicable to
their use of the Services or the
Site.
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