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Acceptance Welcome to the myziva.net Web site. myziva.net's service (the "Service") is accessible to its members only. Please read these Terms of Use carefully. By accessing this site and using the Service, you agree, without limitation or qualification, to be bound by these Terms of Use and all applicable laws and regulations, including laws and regulations governing copyrights and trademarks. The provision of information and services through this Web site by myziva.net is subject to your agreement to the Terms of Use below. This Terms of Use document should be read in conjunction with our site's Privacy Policy. Use of Information No medical or health advice will be provided and hosted on this Web site. The information or advice that is offered on this site is offered by non-medical professionals or organizations, and should not be considered medical guidance or professional advice. It is understood by the site's members that the information contained in the site is to serve as a guide and basis of comparison, but not as the sole basis on which specific conduct should be based. No legal advice will be provided and hosted on this Web site. The information provided is not intended to be substantive advice or opinion on any specific fact or circumstance. All information provided is of a general nature and is not intended to address individual circumstances. myziva.net, its subsidiaries, divisions, affiliates, agents, representatives and licensors assume no responsibility for any consequence relating directly or indirectly to any action or inaction you take based on the information, services or other material on this site. Your use of this site is subject to the additional disclaimers and caveats that may appear throughout these Terms of Use, the Privacy Policy and the myziva.net Web site. Disclaimer of Warranty; Limitation of Liability The Service contains information, facts and opinions from various individuals and organizations. THE SERVICE AND THE SITE ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, OTHER THAN THOSE WARRANTIES WHICH ARE IMPOSED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT. YOUR USE OF THIS SITE IS AT YOUR OWN RISK. ACCESS TO THIS SITE MAY BE INTERRUPTED AND INFORMATION, SERVICES AND MATERIALS MAY NOT BE ERROR-FREE. MYZIVA.net DOES NOT ENDORSE NOR IS IT RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE OR STATEMENT ON THE SERVICE. NEITHER MYZIVA.net, NOR ANY OF ITS SUBSIDIARIES, DIVISIONS, AFFILIATES, AGENTS OR REPRESENTATIVES SHALL BE LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS OR INJURY OR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR SIMILAR DAMAGES ARISING OUT OF YOUR ACCESS OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE SERVICE AND THE SITE AND THE INFORMATION AVAILABLE ON THE SERVICE AND THE SITE OR ARISING OUT OF ANY ACTION TAKEN IN RESPONSE TO OR AS A RESULT OF ANY INFORMATION AVAILABLE ON THE SERVICE AND THE SITE. YOU HEREBY WAIVE ANY AND ALL CLAIMS AGAINST MYZIVA.net, AND ITS SUBSIDIARIES, DIVISIONS, AFFILIATES, AGENTS AND REPRESENTATIVES ARISING OUT OF YOUR USE OF THE SERVICE AND THE SITE AND THE INFORMATION AVAILABLE THEREON. BY USING THIS WEB SITE, YOU ACKNOWLEDGE AND AGREE THAT THE LIMITATIONS SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THESE TERMS OF USE AND THE SERVICE WOULD NOT BE PROVIDED TO YOU WITHOUT THOSE LIMITATIONS. SOME STATE LAWS REGARDING LIMITATION OF LIABILITY MIGHT APPLY. Member Contributions By submitting any materials to the myziva.net Web site, you automatically grant, or warrant that the owner of such materials has clearly given myziva.net the royalty-free, perpetual, irrevocable, non-exclusive and fully sublicensable and transferable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such materials (in whole or part) worldwide and/or to incorporate them in other works in any form, media or technology now known or later developed. Any communication or material you post or transmit to the Service is and will be treated as non-confidential and non-proprietary. You assume full responsibility for anything you post or transmit, and you grant myziva.net the right to edit, copy, publish and distribute any information or content you post or transmit for any purpose. The Service allows members to provide feedback to myziva.net, and interact in real-time. You agree not to post or transmit any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, profane, hateful, racially, ethnically or otherwise objectionable material of any kind, including, but not limited to, any material which encourages conduct that would constitute a criminal offense, violate the rights of others, or otherwise violate any applicable local, state, national or international law. You will be responsible for, and indemnify and hold harmless myziva.net, its subsidiaries, divisions, affiliates, agents and representatives against, any claim arising from any material that you post or transmit. Although myziva.net may from time to time monitor or review postings, transmissions and member-generated pages on the Web site, myziva.net is under no obligation to do so. You acknowledge that myziva.net does not control the information and member-generated pages and that any opinions, advice, statements, services, offers or other information or content presented or disseminated on any member-generated pages are those of their respective authors who are solely liable for their content. myziva.net reserves the right, in its sole discretion, to edit, refuse to post or remove any material submitted to or posted on any member-generated pages. You should be aware that if you voluntarily disclose personal information (e.g., user name, email address) on any member-generated pages, that information can be collected and used by others and may result in unsolicited messages from other parties. Links to Other Sites Links to other sites, including those of myziva.net sponsors, are provided for informational purposes only and do not constitute endorsements or recommendations by myziva.net of those sites, or the information, materials, products or services contained on or accessible through the sites, and users' access and use of such sites, including information, material, products and services on those sites, is solely at the risk of the members. myziva.net is not responsible for information provided on any site to which it is linked. Copyright Information All materials and content on this Web site, including text, graphics, logos, site design, images, audio and video clips, are the property of myziva.net, its subsidiaries, divisions, affiliates, agents or representatives, and are protected by U.S. and international copyright laws. All such materials may be accessed, downloaded or printed for your personal non-commercial use only. Without the prior written permission of myziva.net, you may not modify, copy, distribute, transmit, display or publish any material on this site, in whole or in part. Permission may be requested by sending an email to info@myziva.net or you may send a fax to the corporate office at 516-616-9306. Use of any data for which permission is granted must be acknowledged with copyright identification, identifying the origin as "myziva.net." Miscellaneous; Applicable Law These Terms of Use and any disputes arising out of or related to these Terms of Use, the Service or the myziva.net web site shall be governed by, and construed and enforced in accordance with, the laws of the State of New York, without giving effect to any principles of conflicts of law. Any legal action or proceeding between myziva.net, its subsidiaries, divisions, affiliates, agents and representatives on one hand, and you, on the other hand, shall be brought exclusively in a federal or state court of competent jurisdiction sitting in Nassau County, New York, and/or the Eastern District of New York. The failure of myziva.net to insist upon strict enforcement of any provision of these Terms of Use shall not be construed as a waiver of any provision or right. Right to Change Terms of Use myziva.net reserves the right to change these Terms of Use at any time and from time to time. Any changes to these Terms of Use will be effective immediately upon posting of the changed Terms of Use on the myziva.net web site. You are responsible for reviewing these Terms of Use periodically, and your use of the service and this web site following any change in the Terms of Use constitutes your agreement to follow and be bound by the revised Terms of Use. ADVERTISING POLICY Sources of support for myziva.net will be clearly identified, and will include the identities of commercial and non-commercial organizations that have contributed funding, services or material for this site. Funding for this site is provided, in part, from the proceeds of member licenses. At such time as banner and other types of advertising are used on this site, the source of the advertisers will be posted on the site. |
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