Theinformation provided on the Site is not intended for distribution to or use byany person or entity in any jurisdiction or country where such distribution oruse would be contrary to law or regulation or which would subject us to anyregistration requirement within such jurisdiction or country. Accordingly,those persons who choose to access the Site from other locations do so on theirown initiative and are solely responsible for compliance with local laws, ifand to the extent local laws are applicable.
TheSite is not tailored to comply with industry-specific regulations (HealthInsurance Portability and Accountability Act (HIPAA), Federal InformationSecurity Management Act (FISMA), etc.), so if your interactions would besubjected to such laws, you may not use this Site. You may not use the Site ina way that would violate the Gramm- Leach-Bliley Act (GLBA).
TheSite is intended for users who are at least 18 years old. Persons under the ageof 18 are not permitted to use or register for the Site.
2. INTELLECTUAL PROPERTY RIGHTS
Providedthat you are eligible to use the Site, you are granted a limited license toaccess and use the Site and to download or print a copy of any portion of theContent to which you have properly gained access solely for your personal,non-commercial use. We reserve all rights not expressly granted to you in andto the Site, the Content and the Marks.
3. USER REPRESENTATIONS
Ifyou provide any information that is untrue, inaccurate, not current, orincomplete, we have the right to suspend or terminate your account and refuseany and all current or future use of the Site (or any portion thereof).
4. PROHIBITED ACTIVITIES
Youmay not access or use the Site for any purpose other than that for which wemake the Site available. The Site may not be used in connection with any commercialendeavors except those that are specifically endorsed or approved by us.
Asa user of the Site, you agree not to:
● Systematically retrieve dataor other content from the Site to create or compile, directly or indirectly, a collection,compilation, database, or directory without written permission from us.
● Trick, defraud, or mislead usand other users, especially in any attempt to learn sensitive accountinformation such as user passwords.
● Circumvent, disable, orotherwise interfere with security-related features of the Site, includingfeatures that prevent or restrict the use or copying of any Content or enforcelimitations on the use of the Site and/or the Content contained therein.
● Disparage, tarnish, orotherwise harm, in our opinion, us and/or the Site.
● Use any information obtainedfrom the Site in order to harass, abuse, or harm another person.
● Make improper use of oursupport services or submit false reports of abuse or misconduct.
● Use the Site in a mannerinconsistent with any applicable laws or regulations. Engage in unauthorizedframing of or linking to the Site.
● Upload or transmit (or attemptto upload or to transmit) viruses, Trojan horses, or other material, includingexcessive use of capital letters and spamming (continuous posting of repetitivetext), that interferes with any party’s uninterrupted use and enjoyment of theSite or modifies, impairs, disrupts, alters, or interferes with the use,features, functions, operation, or maintenance of the Site.
● Engage in any automated use ofthe system, such as using scripts to send comments or messages, or using anydata mining, robots, or similar data gathering and extraction tools.
● Delete the copyright or otherproprietary rights notice from any Content. Attempt to impersonate another useror person or use the username of another user.
● Upload or transmit (or attemptto upload or to transmit) any material that acts as a passive or activeinformation collection or transmission mechanism, including without limitation,clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, orother similar devices (sometimes referred to as “spyware” or “passivecollection mechanisms” or “pcms”).
● Interfere with, disrupt, orcreate an undue burden on the Site or the networks or services connected to theSite.
● Harass, annoy, intimidate, orthreaten any of our employees or agents engaged in providing any portion of theSite to you.
● Attempt to bypass any measuresof the Site designed to prevent or restrict access to the Site, or any portionof the Site.
● Except as permitted byapplicable law, decipher, decompile, disassemble, or reverse engineer any ofthe software comprising or in any way making up a part of the Site.
● Except as may be the result ofstandard search engine or Internet browser usage, use, launch, develop, ordistribute any automated system, including without limitation, any spider,robot, cheat utility, scraper, or offline reader that accesses the Site, orusing or launching any unauthorized script or other software.
● Use a buying agent orpurchasing agent to make purchases on the Site. Make any unauthorized use ofthe Site, including collecting usernames and/or email addresses of users byelectronic or other means for the purpose of sending unsolicited email, orcreating user accounts by automated means or under false pretenses.
● Use the Site as part of anyeffort to compete with us or otherwise use the Site and/or the Content for anyrevenue-generating endeavor or commercial enterprise.
5. USER GENERATED CONTRIBUTIONS
● The creation, distribution,transmission, public display, or performance, and the accessing, downloading,or copying of your Contributions do not and will not infringe the proprietaryrights, including but not limited to the copyright, patent, trademark, tradesecret, or moral rights of any third party.
● Your Contributions are notfalse, inaccurate, or misleading.
● Your Contributions are notunsolicited or unauthorized advertising, promotional materials, pyramidschemes, chain letters, spam, mass mailings, or other forms of solicitation.
● Your Contributions are notobscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, orotherwise objectionable (as determined by us).
● Your Contributions do notridicule, mock, disparage, intimidate, or abuse anyone.
● Your Contributions are notused to harass or threaten (in the legal sense of those terms) any other personand to promote violence against a specific person or class of people.
● Your Contributions do notviolate any applicable law, regulation, or rule.
● Your Contributions do notviolate the privacy or publicity rights of any third party.
● Your Contributions do notviolate any applicable law concerning child pornography, or otherwise intendedto protect the health or well-being of minors.
● Your Contributions do notinclude any offensive comments that are connected to race, national origin,gender, sexual preference, or physical handicap.
6. CONTRIBUTION LICENSE
Bysubmitting suggestions or other feedback regarding the Site, you agree that wecan use and share such feedback for any purpose without compensation to you.
Wedo not assert any ownership over your Contributions. You retain full ownershipof all of your Contributions and any intellectual property rights or otherproprietary rights associated with your Contributions. We are not liable forany statements or representations in your Contributions provided by you in anyarea on the Site. You are solely responsible for your Contributions to the Siteand you expressly agree to exonerate us from any and all responsibility and torefrain from any legal action against us regarding your Contributions.
Youacknowledge and agree that any questions, comments, suggestions, ideas,feedback, or other information regarding the Site ("Submissions")provided by you to us are non-confidential and shall become our sole property.We shall own exclusive rights, including all intellectual property rights, andshall be entitled to the unrestricted use and dissemination of theseSubmissions for any lawful purpose, commercial or otherwise, withoutacknowledgment or compensation to you. You hereby waive all moral rights to anysuch Submissions, and you hereby warrant that any such Submissions are originalwith you or that you have the right to submit such Submissions. You agree thereshall be no recourse against us for any alleged or actual infringement ormisappropriation of any proprietary right in your Submissions.
8. U.S. GOVERNMENT RIGHTS
9. SITE MANAGEMENT
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10. TERM AND TERMINATION
Ifwe terminate or suspend your account for any reason, you are prohibited fromregistering and creating a new account under your name, a fake or borrowedname, or the name of any third party, even if you may be acting on behalf ofthe third party. In addition to terminating or suspending your account, wereserve the right to take appropriate legal action, including withoutlimitation pursuing civil, criminal, and injunctive redress.
11. MODIFICATIONS ANDINTERRUPTIONS
Wereserve the right to change, modify, or remove the contents of the Site at anytime or for any reason at our sole discretion without notice. However, we haveno obligation to update any information on our Site. We also reserve the rightto modify or discontinue all or part of the Site without notice at any time. Wewill not be liable to you or any third party for any modification, pricechange, suspension, or discontinuance of the Site.
12. GOVERNING LAW
TheseTerms shall be governed by and defined following the laws of the United Statesof America, and yourself irrevocably consent that the courts of the UnitedStates of America shall have exclusive jurisdiction to resolve any disputewhich may arise in connection with these terms.
13. DISPUTE RESOLUTION Informal Negotiations
Ifthe Parties are unable to resolve a Dispute through informal negotiations, theDispute (except those Disputes expressly excluded below) will be finally andexclusively resolved by binding arbitration. YOU UNDERSTAND THAT WITHOUT THISPROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. Thearbitration shall be commenced and conducted under the Commercial ArbitrationRules of the American Arbitration Association ("AAA") and, where appropriate,the AAA’s Supplementary Procedures for Consumer Related Disputes ("AAAConsumer Rules"), both of which are available at the AAA websitewww.adr.org. Your arbitration fees and your share of arbitrator compensationshall be governed by the AAA Consumer Rules and, where appropriate, limited bythe AAA Consumer Rules. The arbitration may be conducted in person, through thesubmission of documents, by phone, or online. The arbitrator will make adecision in writing, but need not provide a statement of reasons unlessrequested by either Party. The arbitrator must follow applicable law, and anyaward may be challenged if the arbitrator fails to do so. Except whereotherwise required by the applicable AAA rules or applicable law, thearbitration will take place in Arkansas. Except as otherwise provided herein,the Parties may litigate in court to compel arbitration, stay proceedingspending arbitration, or to confirm, modify, vacate, or enter judgment on theaward entered by the arbitrator.
Ifthis provision is found to be illegal or unenforceable, then neither Party willelect to arbitrate any Dispute falling within that portion of this provisionfound to be illegal or unenforceable and such Dispute shall be decided by acourt of competent jurisdiction within the courts listed for jurisdictionabove, and the Parties agree to submit to the personal jurisdiction of thatcourt.
TheParties agree that any arbitration shall be limited to the Dispute between theParties individually. To the full extent permitted by law, (a) no arbitrationshall be joined with any other proceeding; (b) there is no right or authorityfor any Dispute to be arbitrated on a class-action basis or to utilize classaction procedures; and (c) there is no right or authority for any Dispute to bebrought in a purported representative capacity on behalf of the general publicor any other persons.
Exceptions to Informal Negotiationsand Arbitration
TheParties agree that the following Disputes are not subject to the aboveprovisions concerning informal negotiations and binding arbitration: (a) anyDisputes seeking to enforce or protect, or concerning the validity of, any ofthe intellectual property rights of a Party; (b) any Dispute related to, orarising from, allegations of theft, piracy, invasion of privacy, orunauthorized use; and (c) any claim for injunctive relief. If this provision isfound to be illegal or unenforceable, then neither Party will elect toarbitrate any Dispute falling within that portion of this provision found to beillegal or unenforceable and such Dispute shall be decided by a court ofcompetent jurisdiction within the courts listed for jurisdiction above, and theParties agree to submit to the personal jurisdiction of that court.
Theremay be information on the Site that contains typographical errors,inaccuracies, or omissions, including descriptions, pricing, availability, andvarious other information. We reserve the right to correct any errors,inaccuracies, or omissions and to change or update the information on the Siteat any time, without prior notice.
THESITE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OFTHE SITE AND OUR SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENTPERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTIONWITH THE SITE AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIEDWARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ANDNON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACYOR COMPLETENESS OF THE SITE’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TOTHE SITE AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS,MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY ORPROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO ANDUSE OF THE SITE, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERSAND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STOREDTHEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE,(5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TOOR THROUGH THE SITE BY ANY THIRD PARTY,AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSSOR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED,TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE. WE DO NOT WARRANT,ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICEADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE, ANY HYPERLINKEDWEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHERADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FORMONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OFPRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANYMEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISECAUTION WHERE APPROPRIATE.
16. LIMITATIONS OF LIABILITY
INNO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANYTHIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL,OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OROTHER DAMAGES ARISING FROM YOUR USE OF THE SITE, EVEN IF WE HAVE BEEN ADVISEDOF THE POSSIBILITY OF SUCH DAMAGES.
18. USER DATA
Wewill maintain certain data that you transmit to the Site for the purpose ofmanaging the performance of the Site, as well as data relating to your use ofthe Site. Although we perform regular routine backups of data, you are solelyresponsible for all data that you transmit or that relates to any activity youhave undertaken using the Site. You agree that we shall have no liability toyou for any loss or corruption of any such data, and you hereby waive any rightof action against us arising from any such loss or corruption of such data.
19. ELECTRONIC COMMUNICATIONS,TRANSACTIONS, AND SIGNATURES
Visitingthe Site, sending us emails, and completing online forms constitute electroniccommunications. You consent to receive electronic communications, and you agreethat all agreements, notices, disclosures, and other communications we provideto you electronically, via email and on the Site, satisfy any legal requirementthat such communication be in writing. YOU HEREBY AGREE TO THE USE OFELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONICDELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED ORCOMPLETED BY US OR VIA THE SITE. You hereby waive any rights or requirementsunder any statutes, regulations, rules, ordinances, or other laws in anyjurisdiction which require an original signature or delivery or retention ofnon-electronic records, or to payments or the granting of credits by any meansother than electronic means.
21. CONTACT US
Inorder to resolve a complaint regarding the Site or to receive furtherinformation regarding use of the Site, please contact us at: