Use of the ViralEd.com web site signifies your agreement to the terms and conditions of use set forth below. Further, you acknowledge and agree that you have read the terms and conditions of use stated below and that you accept the terms thereof. If you do not agree to these terms and conditions of use, you may not access or otherwise use ViralEd.com.
ViralEd may monitor your use of this website and may freely use and disclose any information and materials received from you or collected through your use of ViralEd.com for any lawful reason or purpose.
ViralEd.com is an informational resource that is intended for educational purposes only. The information provided on ViralEd.com is not intended to, and cannot, serve as a substitute for the individual, personal, face-to-face professional medical advice of a licensed provider with training and expertise in the subject matter to which the information pertains and with knowledge of a patient's specific medical history. All medical treatments or products must be discussed thoroughly and frankly in person with a licensed and fully informed medical practitioner. It is a patient's individual responsibility to obtain information regarding a medical diagnosis, treatment, referral, drug availability, or pricing directly from his or her licensed physician, or from a product's manufacturer.
ViralEd.com may contain forums, informational chat rooms, or other areas to which you might be invited and/or permitted to transmit, upload or post, information, inquiries, or materials. You represent, warrant and covenant that: (a) you shall not upload, post, transmit or distribute, or otherwise publish through ViralEd.com any materials which (i) restrict or inhibit any other user from using and enjoying ViralEd, (ii) are unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, offensive, pornographic, profane, sexually explicit or indecent, (iii) constitute or encourage conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate the law, (iv) violate, plagiarize or infringe the rights of third parties including, without limitation, copyright, trademark, patent, rights of privacy or publicity or any other proprietary right, (v) contain a virus or other harmful component, (vi) contain any information, software or other material of a commercial nature, (vii) contain advertising of any kind, or (viii) constitute or contain false or misleading indications of origin or statements of fact; and (b) you are at least eighteen (18) years old. Company has no obligation to monitor the information or materials transmitted, posted, or uploaded by you to ViralEd.com. However, Company reserves the right to refuse to post or to remove any such information or materials, in whole or part, that, in its sole discretion, are unacceptable or in violation of this Agreement.
You hereby agree to indemnify, defend and hold harmless Company, and all its officers, directors, owners, agents, employees, information providers, affiliates, licensors and licensees (collectively, the "Indemnified Parties") from and against any and all liability and costs incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of the Agreement or the foregoing representations, warranties and covenants, including, without limitation, attorneys' fees and costs. You shall cooperate as fully as reasonably required in the defense of any claim. Company reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without the written consent of Company.
You acknowledge that, except as may be expressly provided on ViralEd.com and/or in this Agreement, transmissions to and from ViralEd.com are not confidential and your Communications may be read or intercepted by others. You acknowledge that by submitting Communications to Company, no confidential, fiduciary, contractually implied or other relationship is created between you and Company other than pursuant to this Agreement.
By posting messages, uploading files, or inputting data to forums, chat rooms, bulletin boards, and/or other public areas of ViralEd.com (individually or collectively "Communications") to ViralEd.com, you hereby grant to Company a perpetual, worldwide, irrevocable, unrestricted, non-exclusive, royalty free license to use, copy, license, sublicense, adapt, distribute, display, publicly perform, reproduce, transmit, modify, edit and otherwise exploit such Communications, in all media now known or hereafter developed. You hereby waive all rights to any claim against Company for any alleged or actual infringements of any proprietary rights, rights of privacy and publicity, moral rights, and rights of attribution in connection with such Communications.
ViralEd.com may contain links and pointers to other related World Wide Web Internet sites, resources, and sponsors of ViralEd.com. Links to and from ViralEd.com to other third party sites, maintained by third parties, do not constitute an endorsement by Company or any of its subsidiaries or affiliates of any third party entities, resources, products, or the contents of their sites.
Company does not and cannot review all materials posted to ViralEd.com by users, and Company is not responsible for any such materials posted by users. However, Company reserves the right at all times to disclose any information as necessary to satisfy any law, regulation or government request, or to edit, refuse to post or to remove any information or materials, in whole or in part, that in Company's sole discretion are objectionable or in violation of this Agreement.
YOUR USE OF INFORMATION ON VIRALED.COM IS ENTIRELY AT YOUR OWN RISK. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THAT INFORMATION. IT IS SOLELY YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS, USEFULNESS OR VALIDITY OF THAT INFORMATION. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, VIRALED.COM, ITS AFFILIATES, EMPLOYEES, SERVICE PROVIDERS, EDITORS, AND/OR CONTRIBUTING WRITERS, MAKE NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, OF ANY NATURE WHATSOEVER.
NEITHER VIRALED.COMNOR ANY OF ITS AFFILIATES, EMPLOYEES, SERVICE PROVIDERS, EDITORS, AND/OR CONTRIBUTING WRITERS, SHALL BE RESPONSIBLE TO YOU OR ANY THIRD PARTIES UNDER ANY CIRCUMSTANCES FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES OR LOSSES WHICH YOU MAY INCUR IN CONNECTION WITH YOUR USE OF VIRALED.COMAND/OR ANY INFORMATION PRESENTED ON VIRALED.COM, OR ANY OF THE DATA OR OTHER MATERIALS TRANSMITTED THROUGH OR RESIDING ON VIRALED.COM, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, EVEN IF VIRALED.COM, HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGE OR LOSS. THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY TO THE EXTENT APPLICABLE LAW PROHIBITS SUCH LIMITATION.
This Agreement is entered into in the State of New Jersey and shall be governed by and construed in accordance with New Jersey law. Each party to this Agreement submits to the exclusive jurisdiction of the state and federal courts sitting in the County of Hunterdon in the State of New Jersey, and waives any jurisdictional, venue, or inconvenient forum objections to such courts.
In the event that any of the provisions of this Agreement are held by a court or other tribunal of competent jurisdiction to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect.
This Agreement constitutes the entire agreement between the parties hereto pertaining to the subject matter hereof, and any and all written or oral agreements heretofore existing between the parties hereto are expressly canceled. Company may modify the terms of this Agreement by posting notice of such modification on a page of ViralEd.com entitled "Legal Notices" or "Legal Information" (or similar title) before the modification takes effect.
