In this Agreement, the following terms have the following meanings unless the context requires otherwise:
"Agreement" means the agreement between You and Us created by Your accepting these Terms and Conditions for use of the Website, as amended from time to time in the manner set forth herein; "We, Us, Our" means BBK Worldwide, LLC, TCN Technologies, LLC, and BBK Worldwide’s subsidiaries and affiliates; and "You, Your, Yourself" means the person Using this Website, who accepts these Terms and Conditions.
By Using this Website, You represent and warrant that You have the right, authority, and capacity to enter into this Agreement and to abide by its Terms and Conditions. The Website is intended for individuals at least 18 years old. If You are under the age of 18, You are prohibited from using the Website.
INDEMNITY BY USER
You will defend, indemnify, and hold Us and Our officers, directors, employees, agents, and third parties harmless for any losses, costs, liabilities, or expenses relating to or arising out of Your use of this Website, including without limitation: (I) Your breach of this Agreement; (II) any allegation that any materials that You submit to Us or transmit using the Website infringe or otherwise violate the copyright, trademark, trade secret, or other intellectual property or other rights of any third party; and / or (III) Your activities in connection with Your use of the Website. This indemnity shall be applicable without regard to the negligence of any party, including any indemnified person.
All intellectual property rights in and to the Website are and shall be owned by Us (or, by separate agreement, our client) absolutely. Those rights include, but are not limited to, database rights, copyrights, design rights (whether registered or unregistered), patents, trademarks (whether registered or unregistered), and other intellectual and proprietary rights, wherever existing in the world, together with the right to apply for protection of the same. All other trademarks, logos, service marks, and company or product names set forth on the Website that are not the property of BBK are the property of their respective owners. You do not acquire any ownership rights by using the Website or downloading material from or uploading material to the Website.
OTHER REQUIREMENTS REGARDING SUBMISSIONS
Submissions shall not contain any personal health information, any personally identifiable information about You (such as name, phone number, or e-mail address) that You wish to keep private, or any personal information about anyone else.
If You use a public or community area of the Website, such as blogs, You are solely responsible for Your own Submissions, the consequences of posting Your Submissions, and Your reliance on any information in the community areas or other areas of the Website. Any information You share in any online community area, including any blog area, is by design open to the public and is not private. In the event that You feel threatened or believe that someone else is in danger, You should contact Your local law enforcement agency immediately. We reserve the right to, but shall not be obligated to, record any dialogue or exchanges in the community areas of the Website. We shall have no responsibility for any actions taken, or failures to take action, with respect to the community areas of the Website or any Submissions. As with any public forum on any Website, the information You post may show up in third-party search engine results.
The Website may only be used for lawful purposes and may not be used to transmit, distribute, store, or destroy material (a) in violation of any applicable law or regulation; (b) in a manner that will infringe the copyright, trademark, trade secret, or other intellectual property rights of others or violate the privacy, publicity, or other personal rights of others; or (c) that is defamatory, obscene, threatening, or abusive.
NO MEDICAL ADVICE AND NO ENDORSEMENT
The Website and the entire contents available on or through the Website (including without limitation, material on the Website’s blogs) (the "Content") is provided for informational purposes only. WE ARE NOT A HEALTHCARE PROVIDER AND DO NOT PROVIDE MEDICAL ADVICE NOR DOES PROVISION OR MAINTENANCE OF THE WEBSITE ESTABLISH A DOCTOR-PATIENT RELATIONSHIP OR CONSTITUTE THE PRACTICE OF MEDICINE, NURSING, OR ANY HEALTHCARE PROFESSION. WE DO NOT DIAGNOSE, PRESCRIBE MEDICATION, TREAT, OR GIVE ORDERS NOR DO WE HAVE RESPONSIBILITY FOR OR AUTHORITY OVER YOUR CARE. Any information provided to You by Us as a result of Your use of the Website, including in connection with a clinical study, is being provided to You solely for Your educational and informational benefit and should not be considered medical advice, diagnosis, or treatment or a substitute for professional medical advice. Your participation is voluntary and You understand and agree that any information communicated to You as a result of Your use of the Website, including in connection with a clinical study, or Your participation in a clinical study, is not intended to be, nor implied to be, and You will not use it as, a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of Your physician or other qualified health provider with any questions You may have regarding a medical condition. SHOULD YOU REQUIRE MEDICAL ASSISTANCE WHILE USING OR ACCESSING THE WEBSITE, CALL YOUR DOCTOR OR LOCAL EMERGENCY NUMBER OR PROCEED TO YOUR LOCAL EMERGENCY ROOM. Reliance on the Website or the Content is at Your own risk. We do not recommend, endorse, or warrant any test(s), care, treatment(s), procedure(s), medication(s), physician(s), products, opinions, or other information that may be displayed or referenced on or through the Website. We encourage that You share any information generated by use of the Website with Your treating healthcare provider.
The Website may contain sensitive health- or medical-related materials, such as information about human anatomy and bodily functions. If You find these materials offensive, do not use the Website.
THIRD PARTY LINKS
This Website may contain links to third-party websites, materials and services ("third-party materials"). These links are provided solely as a convenience to You and not as an endorsement by Us of the contents of any such third-party materials. We are not responsible for the content or functionality of any linked third-party materials and do not make any representations regarding the content, accuracy of materials, functionality, or privacy protection on such third-party materials. If You decide to access linked third-party materials, You do so at Your own risk. However, we invite Your comments on the accuracy of any linked sites, materials or services.
You are prohibited from violating or attempting to violate the security of the Website, including, without limitation, (a) disclosing any confidential or private information You may learn using this Website, except as expressly authorized by that person or BBK; (b) accessing data not intended for such use or logging into a server or account that You are not authorized to access; (c) attempting to probe, scan, or test the vulnerability of a system or network or to breach security or authentication measures; (d) attempting to interfere with service to any user, host, or network, including, without limitation, by submitting a virus, overloading, flooding, spamming, mail bombing, or crashing; or (e) sending unsolicited e-mail, including promotions and / or advertising of products or services. We reserve the right, at Our sole discretion, to immediately terminate access to the Website and / or any other Content or service provided if You breach any of these Terms and Conditions or for other good cause. Violations of system or network security may result in civil or criminal liability. We will cooperate with law enforcement authorities in prosecuting Website users who are involved in such violations.
You agree not to use the Website for any commercial purposes, or to download, save, copy, transmit, or distribute the Content except as specifically allowed in this Agreement. We may change, modify, suspend, or discontinue any aspect of the Website at any time. We may also impose limits on certain features or restrict or prohibit Your access to parts or all of the Website without notice or liability. You agree to be bound by any application-, tool-, or content-specific rules published within the Website. You expressly agree that the Content may be viewed and accessed only by end users and not by any other website or web publisher. Your use of the Website is conditioned upon Your compliance with this Agreement; any use of the Website in violation of this Agreement will be regarded as an infringement of Our copyrights in and to the Website. We reserve the right to terminate Your access to the Website without notice if You violate this Agreement or for any reason at Our discretion.
This Agreement shall become effective when You acknowledge Your acceptance of these Terms and Conditions (including by using the Website or downloading any Content) and, except as to provisions that survive termination, will terminate when Your use of the Website ends, unless sooner terminated as provided herein. We reserve the right, in Our sole discretion, to immediately terminate Your access to the Website and / or any other Content or service provided if you breach any of these Terms and Conditions or for other good cause.
WE PROVIDE THE WEBSITE ON AN "AS IS" BASIS AND GIVE NO WARRANTIES OF ANY KIND, EXPRESSED, IMPLIED, OR STATUTORY, IN ANY COMMUNICATION WITH WEBSITE PARTICIPANTS OR US OR OTHERWISE WITH RESPECT TO THE WEBSITE. WE SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. FURTHER, WE DO NOT WARRANT THAT YOUR USE OF THE WEBSITE WILL BE SECURE, UNINTERRUPTED, ALWAYS AVAILABLE, OR ERROR-FREE; OR THAT THE WEBSITE OR THE CONTENT WILL BE ACCURATE, RELIABLE, COMPLETE, CURRENT, OR TIMELY; OR THAT THE WEBSITE OR THE CONTENT COMPLIES WITH ANY GOVERNMENT REGULATIONS CONCERNING PRESCRIPTION DRUG DISCLOSURES; OR THAT THE WEBSITE WILL MEET YOUR REQUIREMENTS; OR THAT ANY DEFECTS IN THE WEBSITE WILL BE CORRECTED. WE DISCLAIM LIABILITY FOR, AND NO WARRANTY IS MADE WITH RESPECT TO, CONNECTIVITY AND AVAILABILITY. WE ARE NOT PHYSICIANS OR HEALTHCARE PROVIDERS AND THE WEBSITE AND CONTENT DO NOT PROVIDE HEALTH, MEDICAL OR SURGICAL CARE, ADVICE, RECOMMENDATIONS, OR TREATMENT AND ARE NOT INTENDED IN ANY WAY TO BE A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE OR TO BE RELIED UPON FOR MEDICAL DIAGNOSIS OR TREATMENT. WE DO NOT ENDORSE OR RECOMMEND ANY PARTICULAR PROVIDER OR PROCEDURE. THE WEBSITE IS DESIGNED FOR INFORMATIONAL PURPOSES ONLY.
LIMITATION OF LIABILITY
IN NO EVENT WILL WE BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY DAMAGES, WHETHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF DATA, LOSS OF PROGRAMS, COST OF PROCUREMENT OF SUBSTITUTE SERVICES, OR SERVICE INTERRUPTIONS, OR FOR PHYSICAL DAMAGES, BODILY INJURY, OR EMOTIONAL DISTRESS), ARISING OUT OF THE USE OF OR INABILITY TO USE THE WEBSITE, EVEN IF WE OR OUR AGENTS OR REPRESENTATIVES KNOW OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
You forever release, discharge, and agree not to sue Us from any and all liability, claims, actions, and expenses that may arise in connection with Your use of the Website or Your interaction with any party through or as a result of the Website. You agree that this section will survive any termination of Your account(s), the Website, or this Agreement.
To resolve a complaint regarding the Website, You should first contact Us by e-mailing email@example.com or by calling +1.617.630.4477.
This Website and all information and Content included on this Website, such as text, graphics, logos, button icons, images, audio clips, video clips, and software, and any compilations of such Content, are the property of BBK, its assigns, its suppliers, and / or its disclosed client, and is copyrighted and protected under U.S. and international copyright laws. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance of any content on this Website is strictly prohibited without prior written approval of BBK or its assigns.
You may address any questions, complaints or comments to the following:
BBK Worldwide, LLC
117 Kendrick Street
Needham, Massachusetts 02494
This Agreement is governed by the laws of the Commonwealth of Massachusetts without regard to its conflict of law provisions. You agree to personal jurisdiction by and exclusive venue in the state and federal courts of Massachusetts with regard to any and all claims by You arising out of, or related to, the Website. This Agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is hereby expressly excluded.
WAIVER AND SEVERABILITY OF TERMS
Our failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be void, invalid, or unenforceable, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision. In such case, the other provisions of this Agreement shall remain in full force and effect.
Copyright © by BBK Worldwide, LLC. All rights reserved.