By submitting any information (“User Content”) to the Site, you agree that the material will be proper, constructive and relevant and will not contain any item that may be unlawful or otherwise unfit for publication, including but not limited to items that (1) may be defamatory or injurious to another person or entity, (2) may cause harm to any person or property or otherwise defame or harass any person or organization, (3) may violate any legal rights of any person (including right to privacy or publicity), (4) are pornographic, obscene, profane, vulgar, indecent, or threatening, (5) are culturally, ethnically, or otherwise objectionable, or (6) suggest or encourage any illegal activity. You affirm, represent and warrant that the User Content submitted to the Site does not infringe any proprietary right of another, such as but not limited to copyright, trademark or patent, or any confidentiality obligation. You hereby grant to Sponsors and their subsidiaries, affiliates, brand licensees and other partners a worldwide, irrevocable, royalty free, non-exclusive, sublicenseable and transferable license to use, reproduce, prepare derivative works of, distribute, publicly perform, publicly display, transmit and publish User Content provided by you, on this Site or any other Site or in other marketing or public relations materials in any and all media. You shall be solely responsible for your own User Content and the consequences of posting submitting and/or publishing it. Sponsors may, but are not obligated to, review and monitor, before and/or after submitting User Content. However, you acknowledge that it is impossible for us to monitor or review all User Content. Without limitation, Sponsors, their subsidiaries, affiliates, partners, licensors, brand licensees and suppliers will not and cannot be held responsible for the accuracy, completeness, quality or validity of User Content posted by third parties on the Site.
The Site contains material that may be protected by patent, copyright and trade secret law, and by international treaty provisions. All rights not granted to you herein are expressly reserved by SPONSORS or respective third party. You agree to not remove any proprietary notice of SPONSORS or any respective third party from any copy of the Site.
You agree not to publish, display, disclose, rent, lease, modify, loan, distribute, or create derivative works based on the Site or any part thereof. You also agree not to reverse engineer, decompile, translate, adapt, create source code from or disassemble anything obtained from the Site. You agree not to transmit the Site over any network or between any devices.
This is a public Site. You should have no expectation of confidentiality with respect to any User Content you may submit on this Site. Do not submit confidential information here. You acknowledge that the Site contains proprietary trade secrets of SPONSORS or respective third party, and you agree to maintain the confidentiality of the Site using at least as great a degree of care as you use to maintain the confidentiality of your own most confidential information, but in no event less than reasonable care.
SPONSORS assumes no liability for any damage or loss related to using the Site (on the mobile phone or the SPONSORS’ Site), including, but not limited to, any injury, medical complications, death, costs, or other damages that may result from the use of or failure to use the Site. The Sponsors and subsidiaries, affiliates, partners, licensors, brand licensees and suppliers shall have no liability for interruptions or omissions in Internet, network or hosting services and do not warrant that the Site or the services which make this Site available or electronic communications are free from viruses or any other harmful elements.
Any material downloaded or otherwise obtained through the use of this Site is done at your own discretion and risk. You will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.
WITHOUT LIMITING THE FOREGOING, THE SITE IS PROVIDED “AS IS”. ANY USE BY YOU OF THE SITE IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY LAW, SPONSORS DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY IMPLIED WARRANTY OF NON-INFRINGEMENT. SPONSORS DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SITE WILL MEET ANY REQUIREMENTS OR NEEDS YOU MAY HAVE OR THAT THE SITE WILL OPERATE ERROR FREE, OR IN AN UNINTERRUPTED FASHION, OR THAT ANY DEFECTS OR ERRORS IN THE SITE WILL BE CORRECTED, OR THAT THE SITE IS COMPATIBLE WITH ANY PARTICULAR PLATFORM. SOME JURISDICTIONS DO NOT ALLOW THE WAIVER OR EXCLUSION OF IMPLIED WARRANTIES SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
YOU UNDERSTAND AND AGREE THAT SPONSORS IS NOT ENGAGED IN THE PRACTICE OF MEDICINE AND THAT THE SITE IS AN INFORMATION TOOL ONLY AND IS NOT A SUBSTITUTE FOR PROFESSIONAL JUDGMENT OF HEALTHCARE PROVIDERS IN DIAGNOSING AND TREATING PATIENTS. YOU SHALL INDEMNIFY SPONSORS FULLY AND HOLD SPONSORS HARMLESS AGAINST ANY LOSSES OR LIABILITY IN CONNECTION WITH ANY CLAIM ARISING DUE TO YOUR USE OF THE SITE FOR PURPOSES OF DIAGNOSIS OR TREATMENT.
7. Limitation of Liability
8. Export Restrictions
10. Safe Harbor’ Statement under the Private Securities Litigation Reform Act of 1995
The information on this Site may contain certain forward-looking statements with respect to the financial condition, results of operations and business of Sponsors and certain of the plans and objectives of Sponsors with respect to these items. We caution readers that no forward-looking statement is a guarantee of future performance and that actual results could differ materially from those contained in the forward-looking statements. Examples of forward-looking statements include the statements we have made about our strategy, future developments, etc. By their nature, forward-looking statements involve risk and uncertainty because they relate to future events and circumstances and there are many factors that could cause actual results and developments to differ materially from those expressed or implied by these forward-looking statements. The forward looking statements are subject to, among other things, domestic and global economic and business conditions, the successful implementation of our strategy, our ability to identify and complete successful acquisitions and to integrate those acquisitions into our business, consumer preferences with respect to our existing and new products, our ability to develop and market new products, our ability to realize the benefits of this strategy , the policies and actions of governmental and regulatory authorities, changes in legislation, and the impact of competition – a number of which factors are beyond our control. As a result, our actual future results may differ materially from the plans, goals, and expectations set forth in such forward-looking statements. We do not undertake to update forward-looking statements to reflect any changes in expectations with regard thereto or any changes in events, conditions or circumstances on which any such statement is based. The reader should, however, consult any additional disclosures that we have made or may make in documents we have filed or may file with the SEC.