WEB SITE (THE “SITE” OR “WEB SITE”), WHICH IS PROVIDED BY BARTON PUBLISHING, INC. (THE “COMPANY”). BY ACCESSING THIS SITE, YOU ARE ACKNOWLEDGING, ACCEPTING ANDAGREEING TO BE BOUND BY THESE TERMS. THESE
TERMS ARE SUBJECT TO CHANGE BY OUR COMPANY AT ANY TIME IN ITS SOLE AND
ABSOLUTE DISCRETION. YOUR USE OF THIS SITE AFTER SUCH CHANGES ARE
IMPLEMENTED CONSTITUTES YOUR ACKNOWLEDGEMENT AND ACCEPTANCE OF THE CHANGES.
PLEASE CONSULT THESE TERMS EACH TIME YOU ACCESS THIS SITE.
Access To This Site
YOU MUST BE EIGHTEEN (18) YEARS OR OLDER TO ACCESS THIS WEB SITE. IF YOU
ARE UNDER EIGHTEEN YEARS OF AGE, YOU ARE NOT PERMITTED TO ACCESS THIS WEB
SITE FOR ANY REASON. DUE TO THE AGE RESTRICTIONS FOR USE OF THIS WEB SITE,
NO INFORMATION OBTAINED BY THIS WEB SITE FALLS WITHIN THE CHILD ONLINE
PRIVACY ACT (COPA) AND IS NOT MONITORED AS DOING SO.
To access this Site or some of the resources it has to offer, you may be
asked to provide certain registration details or other information. It is
a condition of your use of this Site that all the information you provide
on this Site will be correct, current, and complete. If our company
believes the information you provide is not correct, current, or complete,
we have the right to refuse you access to this Site or any of its
resources, and to terminate or suspend your access at any time, without
This Site Does Not Provide Medical Advice
The contents of this Site and its services are for consumer education use
only. Nothing contained in this Site is or should be considered, or used
as a substitute for professional medical advice, diagnosis or treatment.
The services provided on this Site are here to educate consumers on health
care and medical issues that may affect their daily lives. This Site and
its services do not constitute the practice of any medical, nursing or
other professional health care advice, diagnosis or treatment.
We advise users to always seek the advice of a physician or other qualified
health care provider with any questions regarding personal health or
medical conditions. Never disregard, avoid or delay in obtaining medical
advice from your doctor or other qualified health care provider because of
something you have read on this Site.
ACCESS TO THIS SITE IS VOLUNTARY AND USE OF THIS SITE IS AT THE SOLE RISK OF THE USER.
ALL WEB SITES AND CONTENT, PRODUCTS AND SERVICES ARE PROVIDED AS IS,WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT. Our Company does not warrant, guarantee, or make any representations regarding the use, services or written materials in the terms of correctness, accuracy, reliability, currentness or otherwise. Our Company does not warrant that the functions or content contained in this site will be uninterrupted or error-free, that
defects will be corrected, or that this site or the server that makes it
available are free of viruses or other harmful components.
THE ENTIRE RISK
AS TO THE RESULTS AND PERFORMANCE OF THE WEB SITES, PRODUCTS AND SERVICES
ARE ASSUMED BY YOU. IF THE WEB SITES, PRODUCTS, SERVICES OR WRITTEN
MATERIALS ARE DEFECTIVE, YOU, AND NOT OUR COMPANY, ASSUME THE ENTIRE COST
OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.
THIS IS THE ONLY WARRANT OF ANY KIND, EITHER EXPRESS OR IMPLIED, THAT IS
MADE BY OUR COMPANY. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY OUR
COMPANY SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS
WARRANTY, AND YOU MAY NOT RELY ON SUCH INFORMATION OR ADVICE TO DO SO. OUR
COMPANY MAKES NO WARRANTIES THAT YOUR USE OF THE CONTENT WILL NOT INFRINGE
THE RIGHTS OF OTHERS AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS
OR OMISSIONS IN SUCH CONTENT
All of the information in this Site, whether historical in nature or forward-looking, speaks only as of the date the information is posted on this Site, and Company does not undertake any obligation to update such information after it is posted or to remove such information from this Site if it is not, or is no longer, accurate or complete.
You understand that our Company cannot and does not guarantee or warrantthat files available for downloading from the Internet will be free of viruses, worms, Trojan horses or other code that may manifest contaminating
or destructive properties. You are responsible for implementing sufficient
procedures and checkpoints to satisfy your particular requirements for
accuracy of data input and output, and for maintaining a means external to
this Site for the reconstruction of any lost data. Our Company does not
assume any responsibility or risk for your use of the Internet.
The Content is not necessarily complete and up-to-date and should not be
used to replace any written reports, statements, or notices provided by
Company. Investors, borrowers, and other persons should use the Content in
the same manner as any other educational medium and should not rely on the
Content to the exclusion of their own professional judgment. Information
obtained by using this Site is not exhaustive and does not cover all
issues, topics, or facts that may be relevant to your goals.
Limitation on Liability
The Company, its subsidiaries, affiliates, licensors, service providers,
content providers, employees, agent, officers, and directors will not be
liable for any incidental, direct, indirect, punitive, actual,
consequential, special, exemplary, or other damages, including loss of
revenue or income, business interruption, loss of business information,
pain and suffering, emotional distress, or similar damages, even if Company
has been advised of the possibility of such damages. In no event will the
collective liability of Company and its subsidiaries, affiliates,
licensors, service providers, content providers, employees, agents,
officers, and directors, to any party (regardless of the form of action,
whether in contract, tort, or otherwise) exceed the greater of $100 or the
amount you have paid to the company for the applicable content, product or
service out of which the liability arose.
Our Company's entire liability, and the purchaser's exclusive remedy, shall
be a refund of the price paid. We limit refunds to 180 days.
Some states do not allow the exclusion or limitation of liability, so the above limitations may not apply to you.
Restrictions on Use
You may use this Site for purposes expressly permitted by this Site. You
may not use this Site for any other purpose, including any commercial
purpose, without our Company's express prior written consent. For example,
you may not (and may not authorize any other party to: co-brand this Site,
or (ii) frame this Site, or (iii) hyper-link to this Site, without the
express prior written permission of an authorized representative of our
Company. For purposes of these Terms, “co-branding” means to display a
name, logo, trademark, or other means of attribution or identification of
any party in such a manner as is reasonably likely to give a user the
impression that such other party has the right to display, publish, or
distribute this Site or content accessible within this Site. You agree to
cooperate with our Company in causing any unauthorized co-branding, framing
or hyper-linking immediately to cease.
Information You Provide
You may not post, send, submit, publish, or transmit in connection with
this Site any material that:
- you do not have the right to post, including proprietary material of any third party
- Advocates illegal activity or discusses an intent to commit an illegal
- is vulgar, obscene, pornographic, or indecent;
- does not pertain directly to this Site;
- threatens or abuses others, libels, defames, invades privacy, stalks, is obscene, pornographic, racist, abusive, harassing, threatening or offensive;
- seeks to exploit or harm children by exposing them to inappropriate content, asking for personally identifiable details or otherwise;
- infringes any intellectual property or other right of any entity or person, including violating anyone's copyrights or trademarks or their rights of publicity;
- violates any law or may be considered to violate any law;
- impersonates or misrepresents your connection to any other entity or person or otherwise manipulates headers or identifiers to disguise the origin of the content;
- advertises any commercial endeavor (e.g., offering for sale products or services) or otherwise engages in any commercial activity (e.g., conducting raffles or contests, displaying sponsorship banners, and/or soliciting goods or services) except as may be specifically authorized on this Site;
- solicits funds, advertisers or sponsors;
- includes programs which contain viruses, worms and/or Trojan horses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications;
- disrupts the normal flow of dialogue, causes a screen to scroll faster than other users are able to type, or otherwise act in a way which affects the ability of other people to engage in real time activities via this Site;
- includes MP3 format files;
- amounts to a 'pyramid' or similar scheme;
- disobeys any policy or regulations established from time to time regarding use of this Site or any networks connected to this Site; or
- contains hyper-links to other sites that contain content that falls within the descriptions set forth above.
Although under no obligation to do so, our Company reserves the right to monitor use of this Site to determine compliance with these Terms, as well the right to remove or refuse any information for any reason.
Notwithstanding these rights, you remain solely responsible for the content
of your submissions. You acknowledge and agree that neither Company nor any
third party that provides Content to Company will assume or have any
liability for any action or inaction by Company or such third party with
respect to any submission.
You hereby grant to our Company the royalty-free, perpetual, irrevocable,
worldwide, non-exclusive right and license to use, reproduce, modify,
adapt, publish, translate, create derivative works from, distribute,
perform, and display all content, remarks, suggestions, ideas, graphics, or
other information communicated to our Company through this Site (together,
hereinafter known as the "Submission"), and to incorporate any Submission
in other works in any form, media, or technology now known or later
developed. Our Company will not be required to treat any Submission as
confidential, and may use any Submission in its business (including without
limitation, for products or advertising) without incurring any liability
for royalties or any other consideration of any kind, and will not incur
any liability as a result of any similarities that may appear in future
The material and content (hereinafter referred to as the "Content")
accessible from this Site, and any other World Wide Web site owned,
operated, licensed, or controlled by our Company is the proprietary
information of our Company or the party that provided the Content to our
Company, and our Company or the party that provided the Content to our
Company retains all right, title, and interest in the Content. Accordingly,
the Content may not be copied, distributed, republished, uploaded, posted,
or transmitted in any way without the prior written consent of our Company,
or unless authorized in writing elsewhere on our Site, except that you may
print out a copy of the Content solely for your personal use. In doing so,
you may not remove or alter, or cause to be removed or altered, any
copyright, trademark, trade name, service mark, or any other proprietary
notice or legend appearing on any of the Content. Modification or use of
the Content except as expressly provided in these Terms violates our
Company's intellectual property rights. Neither title nor intellectual
property rights are transferred to you by access to this Site.
Trademarks, service marks, and logos appearing in this Site are the
property of Company or the party that provided the trademarks, service
marks, and logos to Company. Company and any party that provided
trademarks, service marks, and logos to Company retain all rights with
respect to any of their respective trademarks, service marks, and logos
appearing in this Site.
This Site may be hyper-linked to other sites which are not maintained by,
or related to, our Company. Hyper-links to such sites are provided as a
service to users and are not sponsored by or affiliated with this Site or
our Company. Our Company has not reviewed any or all of such sites and is
not responsible for the content of those sites. Hyper-links are to be
accessed at the user's own risk, and our Company makes no representations
or warranties about the content, completeness or accuracy of these hyper-
links or the sites hyper-linked to this Site. Further, the inclusion of any
hyper-link to a third-party site does not necessarily imply endorsement by
our Company of that site.
You will indemnify and hold Company, its subsidiaries, affiliates,
licensors, content providers, service providers, employees, agents,
officers, directors, and contractors (hereinafter known as the "Indemnified
Parties") harmless from any breach of these Terms by you, including any use
of Content other than as expressly authorized in these Terms. You agree
that the Indemnified Parties will have no liability in connection with any
such breach or unauthorized use, and you agree to indemnify any and all
resulting loss, damages, judgments, awards, costs, expenses, and attorney's
fees of the Indemnified Parties in connection therewith. You will also
indemnify and hold the Indemnified Parties harmless from and against any
claims brought by third parties arising out of your use of the information
accessed from this Site.
Any passwords used for this Site are for individual use only. You will be
responsible for the security of your password (if any). The Company will be
entitled to monitor your password and, at its discretion, require you to
change it. If you use a password that Company considers insecure, Company
will be entitled to require the password to be changed and/or terminate
You are prohibited from using any services or facilities provided in connection with this Site to compromise security or tamper with system resources and/or accounts. The use or distribution of tools designed for compromising security (e.g., password guessing programs, cracking tools or
network probing tools) is strictly prohibited. If you become involved in
any violation of system security, Company reserves the right to release
your details to system administrators at other Sites in order to assist
them in resolving security incidents. Company reserves the right to
investigate suspected violations of these Terms.
Company reserves the right to fully cooperate with any law enforcement authorities or court order requesting or directing Company to disclose the identity of anyone posting any e-mail messages, or publishing or otherwise making available any materials that are believed to violate these Terms.
BY ACCEPTING THIS AGREEMENT YOU WAIVE AND HOLD HARMLESS COMPANY FROM ANY
CLAIMS RESULTING FROM ANY ACTION TAKEN BY COMPANY DURING OR AS A RESULT OF
ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF
INVESTIGATIONS BY EITHER THECOMPANY OR LAW ENFORCEMENT AUTHORITIES.
These Terms of will be governed and interpreted pursuant to the laws of
South Dakota, United States of America, notwithstanding any principles of
conflicts of law. You specifically consent to personal jurisdiction in
South Dakota in connection with any dispute between you and Company arising
out of these Terms or pertaining to the subject matter hereof. The parties
to these Terms each agree that the exclusive venue for any dispute between
the parties arising out of these Terms or pertaining to the subject matter
of these Terms will be in the state and federal courts in Sioux Falls,
The Company's failure to act with respect to a breach of these Terms by you or others does not waive our right to act with respect to subsequent or similar breaches.
If any part of these Terms is unlawful, void or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions. These Terms constitute the
entire agreement among the parties relating to this subject matter.
Notwithstanding the foregoing, any additional terms and conditions on this Site will govern the items to which they pertain. Company may revise these Terms at any time by updating this posting
You accept all of the foregoing Terms by any further use of the Site. Thank you for your cooperation. We hope you find the Site helpful.
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