TERMS AND CONDITIONS
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEBSITE.
These terms and conditions set forth the standards of use of the Skipping Hearts website (“Website”). By using the Website, you (the user) agree to comply with and be governed by the terms and conditions and expressly consent to the use and disclosure of your personally identifiable information and other practices described in our Privacy Policy Statement. If you do not agree with the terms and conditions, you should immediately cease all usage of the Website. We reserve the right, at any time, to supplement, modify, alter, replace, revise, or update the terms and conditions without prior notice. Modifications shall become effective immediately upon being posted on the Website. Your continued use of the Website after amendments are posted constitutes an acknowledgement and acceptance of the then-current terms and conditions and its modifications. Except as provided in this paragraph, the terms and conditions may not be amended.
SKIPPING HEARTS DOES NOT PROVIDE MEDICAL ADVICE. SKIPPING HEARTS DOES NOT RECOMMEND OR ENDORSE ANY SPECIFIC TESTS, PRODUCTS, PROCEDURES, OPINIONS, OR OTHER INFORMATION THAT MAY BE MENTIONED ON THE WEBSITE. RELIANCE ON ANY INFORMATION ON THE WEBSITE IS SOLELY AT YOUR OWN RISK.
The contents of the Website such as text, graphics, images and information obtained from Skipping Hearts, its medical partners, sponsors, advertisers and licensors are for informational purposes only. The Website is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician with any questions you may have regarding a medical condition.
IF YOU THINK YOU MAY HAVE A MEDICAL EMERGENCY, CALL YOUR DOCTOR OR 911 IMMEDIATELY.
DISCLAIMER OF WARRANTIES
The Website is provided by Skipping Hearts on an “as is” and on an “as available” basis. Skipping Hearts makes no representations or warranties of any kind, express or implied, regarding the use or the results of this Website in terms of its correctness, accuracy, reliability, or otherwise. In addition, Skipping Hearts specifically disclaims all warranties with regard to the following information, unless the exclusion of such disclaimers is expressly prohibited or limited by the applicable law of jurisdictions having binding authority over the terms and conditions and Skipping Hearts:
* The accuracy, reliability, completeness, correctness, or timeliness of the Website’s content, software, text, graphics, links, or communications provided on or through the use of the Website.
* The satisfaction of government regulations requiring disclosure of information on prescription drug products with regard to the content contained on the Website.
LIMITATION OF LIABILITY
IN NO EVENT SHALL SKIPPING HEARTS, ITS PARTNERS, SPONSORS, ADVERTISERS, LICENSORS OR ITS SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION: SPECIAL, DIRECT, INDIRECT, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES, PERSONAL INJURY/WRONGFUL DEATH, LOST PROFITS, LOSS OF USE OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION, RESULTING FROM THE USE OR INABILITY TO USE THE WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, NEGLIGENCE, TORT, OR ANY OTHER LEGAL THEORY OR IN EQUITY, AND WHETHER OR NOT SKIPPING HEARTS IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
ANY CLAIMS ARISING IN CONNECTION WITH YOUR USE OF THE WEBSITE MUST BE BROUGHT WITHIN ONE (1) YEAR OF THE DATE OF THE EVENT GIVING RISE TO SUCH ACTION OCCURRED. IN ALL CASES, SKIPPING HEARTS SHALL BE LIABLE ONLY TO THE EXTENT OF ACTUAL DAMAGES INCURRED BY YOU, NOT TO EXCEED U.S. $100.00.
INDEMNIFICATION
You agree to indemnify and hold Skipping Hearts, its partners, sponsors, advertisers, licensors and its suppliers harmless from any claim, liability, expense, cause of action, or demand, including without limitation actual reasonable attorneys’ fees and costs, made by any third party due to or arising out of your use of the Website, the violation of its terms and conditions, or infringement by you or any other user of the Website using your computer, of any intellectual property of any person or entity or any other legal or equitable right or remedy of any person or entity.
USER SUBMISSIONS
If you use the Website, you are solely responsible for your own communications, the consequences of posting those communications, and your reliance on any communications found therein. By submitting communications or content to any part the Website, you agree that such submission is non-confidential for all purposes. If you make any such submission, you agree to allow Skipping Hearts and all other persons or organizations involved in the operation of the Website, the right to transmit, monitor, retrieve, store, and use your information in connection with the operation of the Website. You agree that you will not upload or transmit any communications or content of any type that infringes upon or violates any rights of any party.
FORUMS
Skipping Hearts does not guarantee monitoring or authentication of the information contained in forums and chat groups for accuracy, safety, or reliability. In cases where you believe a person(s) has breached the terms and conditions, please contact Skipping Hearts IMMEDIATELY. Do not attempt to contact the person yourself and do not post derogatory comments on the Website.
RULES FOR POSTING QUESTIONS ON THE WEBSITE
In using the Website, including the ability to post comments/questions, you agree to NOT take part in the following actions:
1. Posting questions or comments by persons under 13 years of age without the consent of their parents.
2. Posting your full name(s), or any other confidential or personally identifiable information on the Website.
3. Posting names, e-mail addresses, telephone numbers or any other confidential or personally identifiable information of yourself or any person(s) or entities.
4. Using the Website for any purpose in violation of local, state, federal, or international laws.
5. Posting material that infringes on the copyrights or other intellectual property rights of others or on the privacy or publicity rights of others.
6. Posting material that is unlawful, obscene, derogatory, defamatory, threatening, harassing, abusive, slanderous, hateful, or embarrassing to any other person or entity as determined by Skipping Hearts in its sole discretion.
7. Posting advertisements or solicitations of business.
8. Posting chain letters or pyramid schemes.
9. Impersonating another person or entity.
10. Registering under more than one name and/or e-mail address.
11. Distributing viruses or other harmful computer code.
12. Harvesting or otherwise collecting information about others, including email addresses, without their consent.
13. Allowing any other person or entity to use your identification for posting or viewing comments.
14. Posting the same note more than once or “spamming”.
15. Engaging in any other conduct that restricts or inhibits any other person from using or enjoying the Website, or which, in the judgment of Skipping Hearts, exposes Skipping Hearts or any of its customers, partners or suppliers to any liability or detriment of any type.
16. After receiving a warning, continuing to disrupt the normal flow of dialogue, or posting comments that are not related to the topic being discussed.
ENFORCEMENT OF THE RULES
Skipping Hearts reserves the right (but is not obligated) to do any or all of the following:
1. Record the dialogue in public chat rooms.
2. Investigate an allegation that a communication does not conform to the terms and conditions and determine in its sole discretion to remove or request the removal of the communication.
3. Remove communications which it determines, in its sole discretion, to be abusive, illegal, or disruptive, or that otherwise fail to conform to the terms and conditions.
4. Terminate a user’s access to any or all public areas on the Website upon any breach of any of the terms and conditions.
5. Terminate a user’s access to any or all public areas on the Website if the user’s registration information and/or e-mail address is no longer valid.
6. Monitor or edit any communication in the public areas on the Website.
7. Edit or delete any communication posted on the Website, regardless of whether such communication violates these standards.
Skipping Hearts reserves the right to take any other action it deems necessary to protect the personal safety of our guests, visitors, or the public.
CHILDREN’S PRIVACY
Skipping Hearts conforms to the Children’s Online Privacy Protection Act. We will never knowingly request personally identifiable information from anyone under the age of 13 without parental consent. When we do receive information (with parental consent) from users under the age of 13, we will never voluntarily share their personally identifiable information with third parties, regardless of their stated preference given at registration. Please also see our separate Privacy Policy.
PASSWORDS
All registered members of the Skipping Hearts Site are responsible for taking all reasonable steps to ensure that no unauthorized person shall have access to their Skipping Hearts passwords or accounts. It is the registered members’ sole responsibility to (1) control the distribution of their passwords or account information; (2) authorize, monitor, and control access to and use of their Skipping Hearts account and password; (3) inform Skipping Hearts of any need to deactivate their password or change their registration, as soon as possible.
JURISDICTION
The Website is operated from the State of Wisconsin. As such, Skipping Hearts is subject to the laws of the State of Wisconsin, and such laws will govern the terms and conditions, without giving effect to any choice of law rules. Skipping Hearts makes no representation or warranty that the Website or other services are appropriate, legal or available for use in other locations or jurisdictions. Accordingly, if you choose to access the Website, by so doing you agree to do so subject to the internal laws of the State of Wisconsin.
You assume all knowledge of applicable law and are responsible for compliance with any such laws. You further agree not to transmit or otherwise use or communicate, through Skipping Hearts, any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, or international law or regulation.
THIRD PARTY SITES
The Website may include links to other sites on the Internet that are owned and operated by other third parties. You acknowledge and agree that Skipping Hearts is not responsible for the availability of, or the content located on or through, any third-party site. You should contact the site administrator or webmaster for those third-party sites if you have any concerns regarding such links or the content located on such sites. Your use of those third-party sites are subject to the terms of use and privacy policies of each site, and Skipping Hearts is not responsible therein. We encourage you to review said privacy policies and terms and conditions of third-parties’ sites.
OTHER TERMS
Skipping Hearts reserves the right to modify or discontinue the Website with or without notice. Skipping Hearts shall not be liable to you or any third party should Skipping Hearts exercise its right to modify or discontinue the Website. You acknowledge and accept that Skipping Hearts does not guarantee continuous, uninterrupted or secure access to the Website and operation of the Website may be interfered with or adversely affected by numerous factors or circumstances outside of our control.
If any provision of the terms and conditions shall be unlawful, void or unenforceable for any reason, the other provisions (and any partially-enforceable provision) shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent. You agree that these terms and conditions and any other agreements referenced herein may be assigned by Skipping Hearts in its sole discretion, to a third party in the event of a merger or acquisition.
