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CHILDREN'S PRIVACY.
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USE OF CONTENT.
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LIABILITY OF improvity.com AND ITS LICENSORS.
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When using the improvity.com Site, information will be transmitted over
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The improvity.com Site and the content are provided on an "as is" basis.
improvity.com, ITS LICENSORS, AND ITS SUPPLIERS, TO THE FULLEST EXTENT
PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY
OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF
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warranties about the following:
1. The accuracy, reliability, completeness, correctness, or timeliness of the
Content, software, text, graphics, links, or communications provided on or
through the use of the improvity.com Site or improvity.com.
2. The satisfaction of any government regulations requiring disclosure of
information on prescription drug products or the approval or compliance of any
software tools with regard to the Content contained on the improvity.com Site.
In no event shall improvity.com, its licensors, its suppliers, or
any third parties mentioned on the improvity.com Site be liable for any
damages (including, without limitation, incidental and consequential damages,
personal injury/wrongful death, lost profits, or damages resulting from lost
data or business interruption) resulting from the use of or inability to use
the improvity.com Site or the Content, whether based on warranty,
contract, tort, or any other legal theory, and whether or not improvity.com
is advised of the possibility of such damages. improvity.com shall be liable only to the extent of actual damages incurred by
you, not to exceed U.S. $1000. improvity.com is not liable for any
personal injury, including death, caused by your use or misuse of the Site,
Content, or Public Areas (as defined below). Any claims arising in connection
with your use of the Site, any Content, or the Public Areas must be brought
within one (1) year of the date of the event giving rise to such action
occurred. Remedies under these Terms and Conditions are exclusive and are
limited to those expressly provided for in these Terms and Conditions.
USER SUBMISSIONS.
The personal information you submit to improvity.com is governed by the
improvity.com Privacy Policy. To the extent there is an
inconsistency between this Agreement and the improvity.com Privacy
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You agree that you will not upload or transmit any communications or content of
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By submitting communications or content to the Public Areas, you agree that
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If you make any such submission You agree that you will not send or transmit
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listed on the "Contact Us" link) any communication or content that infringes or
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If you make any submission to a Public Area or if you submit any business
information, idea, concept or invention to improvity.com by email,
you automatically grant—or warrant that the owner of such content or
intellectual property has expressly granted—improvity.com
a royalty-free, perpetual, irrevocable, world-wide nonexclusive license to use,
reproduce, create derivative works from, modify, publish, edit, translate,
distribute, perform, and display the communication or content in any media or
medium, or any form, format, or forum now known or hereafter developed. improvity.com
may sublicense its rights through multiple tiers of
sublicenses. If you wish to keep any business information, ideas, concepts
or inventions private or proprietary, do not submit them to the Public Areas or
to improvity.com by email. We try to answer every email in a timely
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PASSWORDS
improvity.com has several tools that allow you to record and store
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and password; (3) promptly inform improvity.com of any need to
deactivate a password. You grant improvity.com and all other persons or
entities involved in the operation of the Site the right to transmit, monitor,
retrieve, store, and use your information in connection with the operation of
the Site. improvity.com cannot and does not assume any responsibility
or liability for any information you submit, or your or third parties' use or
misuse of information transmitted or received using improvity.com tools
and services.
improvity.com SUBSCRIPTION SERVICES
If you choose to subscribe to one of improvity.com's subscription
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INFORMATION YOU SUBMIT: You are using the Subscription Services at your own risk
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CHARGES AND BILLING: You are responsible for providing a valid credit card
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identifiable information to its designated service provider(s) for their use in
charging you for appropriate services utilized through your Subscription
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and you are responsible for payment of any applicable state, local and city
taxes. improvity.com reserves the right to modify or terminate
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improvity.com LIVE AND MEMBER TO MEMBER AREAS
("PUBLIC AREAS").
If you use a Public Area, such as a chat room, bulletin board or community Ask
Our Expert posting or other member communities, you are solely
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communications, and your reliance on any communications found in the Public
Areas. improvity.com is not responsible for the consequences of any
communications in the Public Areas. In cases where you feel threatened or
believe someone else is in danger, you should contact your local law
enforcement agency immediately. If you think you may have a medical emergency,
call your doctor or 911 immediately.
In consideration of being allowed to use the Public Areas, you agree that the
following actions shall constitute a material breach of these Terms and
Conditions:
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Using a Public Area for any purpose in violation of local, state, national, or
international laws;
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Posting material that infringes on the intellectual property rights of others
or on the privacy or publicity rights of others;
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Posting material that is unlawful, obscene, defamatory, threatening, harassing,
abusive, slanderous, hateful, or embarrassing to any other person or entity as
determined by improvity.com in its sole discretion;
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Posting advertisements or solicitations of business;
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After receiving a warning, continuing to disrupt the normal flow of dialogue,
or posting comments that are not related to the topic being discussed (unless
it is clear the discussion is free-form);
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Posting chain letters or pyramid schemes;
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Impersonating another person;
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Distributing viruses or other harmful computer code;
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Harvesting or otherwise collecting information about others, including email
addresses, without their identification for posting or viewing comments;
consent;
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Allowing any other person or entity to use your identification for posting or
viewing comments
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Posting the same note more than once or "spamming"; or
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Engaging in any other conduct that restricts or inhibits any other person from
using or enjoying the Public Area or the Site, or which, in the judgment of improvity.com,
exposes improvity.com or any of its customers or
suppliers to any liability or detriment of any type.
improvity.com reserves the right (but is not obligated) to do any or all
of the following:
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Record the dialogue in public chat rooms.
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Investigate an allegation that a communication(s) do(es) not conform to the
terms of this section and determine in its sole discretion to remove or request
the removal of the communication(s).
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Remove communications which are abusive, illegal, or disruptive, or that
otherwise fail to conform with these Terms and Conditions.
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Terminate a user's access to any or all Public Areas and/or the improvity.com Site upon any breach of these Terms and Conditions.
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Monitor, edit, or disclose any communication in the Public Areas.
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Edit or delete any communication(s) posted on the improvity.com Site,
regardless of whether such communication(s) violate these standards.
improvity.com reserves the right to take any action it deems necessary
to protect the personal safety of our guests or the public. improvity.com
has no liability or responsibility to users of the improvity.com Site or any other person or entity for performance or
nonperformance of the aforementioned activities.
ADVERTISEMENTS, SEARCHES AND LINKS TO OTHER SITES.
improvity.com may provide links to third-party web sites. improvity.com also may select certain sites as priority responses to search
terms you enter and improvity.com may agree to allow advertisers to
respond to certain search terms with advertisements or sponsored content. improvity.com does not recommend and does not endorse the content on any
third-party websites. improvity.com is not responsible for the content
of linked third-party sites, sites framed within the improvity.com
Site, third-party sites provided as search results, or third-party
advertisements, and does not make any representations regarding their content
or accuracy. Your use of third-party websites is at your own risk and subject
to the terms and conditions of use for such sites. improvity.com does
not endorse any product advertised on the improvity.com Site.
INDEMNITY.
You agree to defend, indemnify, and hold improvity.com, its officers,
directors, employees, agents, licensors, and suppliers, harmless from and
against any claims, actions or demands, liabilities and settlements including
without limitation, reasonable legal and accounting fees, resulting from, or
alleged to result from, your violation of these Terms and Conditions.
GENERAL.
improvity.com is based in Frisco, Texas, in the United States of America.
improvity.com makes no claims that improvity.com is appropriate
or may be downloaded outside of the United States. Access to the Content may
not be legal by certain persons or in certain countries. If you access the improvity.com Site from outside the United States, you do so at your own
risk and are responsible for compliance with the laws of your jurisdiction.
The following provisions survive the expiration or termination of this Agreement
for any reason whatsoever: Liability, User Submissions, Indemnity,
Jurisdiction, and Complete Agreement.
JURISDICTION.
You expressly agree that exclusive jurisdiction for any dispute with improvity.com, or in any way relating to your use of the improvity.com
Site, resides in the courts of the State of Texas and you further agree and
expressly consent to the exercise of personal jurisdiction in the courts of the
State of Texas in connection with any such dispute including any claim
involving improvity.com or its affiliates, subsidiaries, employees,
contractors, officers, directors, telecommunication providers, and content
providers.
These Terms and Conditions are governed by the internal substantive laws of the
State of Texas, without respect to its conflict of laws principles. If any
provision of these Terms and Conditions is found to be invalid by any court
having competent jurisdiction, the invalidity of such provision shall not
affect the validity of the remaining provisions of these Terms and Conditions,
which shall remain in full force and effect. No waiver of any of these Terms
and Conditions shall be deemed a further or continuing waiver of such term or
condition or any other term or condition.
COMPLETE AGREEMENT.
Except as expressly provided in a particular "legal notice" on the improvity.com Site, these Terms and Conditions and the improvity.com
Privacy Policy and Agreement constitute the entire agreement between you and improvity.com with respect to the use of the improvity.com Site,
and Content.
Thank you for your cooperation. We hope you find the improvity.com
Site helpful and convenient to use! Questions or comments regarding this
website, including any reports of non-functioning links, should be submitted
via email to [email protected].