Terms of Use

LiberateIdeas Website Terms of Use

The following terms and conditions constitute an agreement between you and Liberate Ideas, Inc. (“LiberateIdeas,” “we,” or “us”), the operator of Liberatehealth.us (the “Site”). These terms of use (the “Terms of Use”) govern your use of the Site, both as a casual visitor and as a registered user.  THESE TERMS AND CONDITIONS ARE BINDING ON YOU (“YOU”).  BY USING THE SITE, AND/OR BY REGISTERING WITH US, YOU SIGNIFY THAT YOU AGREE TO THESE TERMS OF USE, including that you consent to the information practices disclosed in our Privacy Policy, which is incorporated herein by reference. Without limiting the foregoing, you acknowledge that third parties may have a relationship with LiberateIdeas that is governed by different agreements or terms and conditions and, you waive any claim against LiberateIdeas with respect to such differing terms and conditions.  Please note that we offer the Site “AS IS” and without warranties.

1. About the Site

Some of what is on the Site is viewable without registering with us, but to actively participate or store your information, you must register as a member and authorize the use and disclosure of your personal information for purposes of allowing us to provide the Site and as otherwise disclosed in our Privacy Policy.

2. Nature of Content Appearing on our Site

Overview

You acknowledge that although the content, text, data, graphics, images, information, suggestions, guidance, and other material created by us or third parties, including other users, professionals, partners, advertisers, sponsors, consumers and governmental agencies (collectively, “Content”) that is provided to you on the Site (including Content provided in direct response to your questions or postings) is provided for general informational purposes, but should not be relied upon for personal, professional, medical or regulatory decisions.  And we cannot ensure the completeness, timeliness or accuracy of the Content.

 

Advertising

Our Site may include advertisements or promotional messages sponsored by third parties (collectively, “Ads”).  The manufacturers, services providers, distributors and resellers of the products and services identified in the Ads are solely responsible for the accuracy of their Ads and the suitability, efficacy, safety and quality of such products or services.

 

No Medical Advice

Some Content on our Site may include health- or medical-related information.  Such Content is provided for general informational purposes only.  We do not directly or indirectly practice medicine, render medical advice, or dispense medical services via our Site or otherwise, and nothing contained in our Site should be intended to be a medical diagnosis or treatment.  No medical professional/patient relationship is created by your use of our Site or the Content.  Always seek the advice of your physician or other qualified health professional with any questions you may have regarding a medical condition, and never disregard professional medical advice or delay seeking treatment based on any Content or other information included in the Services.  If you think you may have a medical emergency, call your healthcare professional or your local emergency number immediately. YOUR USE OF INFORMATION PROVIDED ON THE SITE IS SOLELY AT YOUR OWN RISK. NOTHING STATED OR POSTED ON THE SITE OR AVAILABLE THROUGH ANY SERVICES IS INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, THE PRACTICE OF MEDICINE OR THE PROVISION OF MEDICAL CARE.

 

3. Editorial Control

We make the Site available as a service to consumers and health care professionals for the purposes of providing an informative and educational resource. We may, but have no obligation to, have nonuser-posted information reviewed by the Site’s editorial personnel.  It is important to note, however, that the timeliness and accuracy of any or all of the Content is not guaranteed. Neither the authors, the editorial personnel, nor any other party who has been involved in the preparation or publication of this work can assure you that the Content contained herein is in every respect accurate or complete, and they are not responsible for any errors or omissions or for the results obtained from the use of such information. You are encouraged to independently confirm the Content contained herein with other sources and to seek the advice of a qualified physician.

4. Registration

You may be asked to register with the Site to use certain of its features.  As part of the registration process, you will provide an e-mail address and create a password. These are your credentials for accessing the Site that are only available to members (“Credentials”). You should keep your Credentials private and not share your Credentials with anyone else. You are responsible for notifying us if your password has been hacked or stolen. You may notify us by sending an email to support@liberatehealth.us.

In order to register, you must provide certain personal information about yourself. You may voluntarily submit, and hereby authorize LiberateIdeas, its employees, agents and others operating on its behalf, to use and/or disclose personal information about you, including, without limitation, your name, address, social security number and contact information; medical and social history; current medical needs; and other information that is either requested by LiberateIdeas or volunteered by you (“Personal Information”). You have the right to refuse to authorize the use and/or disclosure of your Personal Information. However if you choose to exercise this right, you may not be able to utilize some features of the Site. The LiberateIdeas Privacy Policy explains the information practices that apply to Personal Information we have about you, as well as any choices you can make about the ways this information is used. Please review it carefully.

 

5. Your Responsibilities

You are responsible for all use of the Site and for all use of your Credentials, including use by others to whom you have given your Credentials. You may use the Site for lawful, non-commercial purposes only. You may not use the Site in any manner that could damage, disable, overburden, or impair our servers or networks, or interfere with any other party’s use and enjoyment of the Site. You may not attempt to gain unauthorized access to the Site, user accounts, or computer systems or networks, through hacking, password mining or any other means. Without limiting any of the foregoing, you agree that you shall not (and you agree not to allow any third party to):

  • copy, modify, adapt, translate, or reverse engineer any portion of the Site, its content or materials;
  • remove any copyright, trademark or other proprietary rights notices contained in or on the Site or in or on any content or other material obtained via the Site;
  • use any robot, spider, site search/retrieval application, or other automated device, process or means to access, retrieve or index any portion of the Site;
  • reformat or frame any portion of the web pages that are part of the Site;
  • create user accounts by automated means or under false or fraudulent pretenses; or
  • collect or store personal data about other users in connection with the prohibited activities described in this paragraph.

 

In addition to our rights in these Terms of Use, we may take any legal action and implement any technical remedies to prevent the violation of this provision and to enforce these Terms of Use.

6. Changes to These Terms of Use

We may change these Terms of Use at any time, as we reasonably deem appropriate. Upon any change in these Terms of Use, we will post the amended agreement on the Site with notice of the changes. Your continued use of the Site following such notification shall constitute your affirmative acknowledgement of the Terms of Use, the modification and agreement to abide and be bound by the Terms of Use, as amended. If at any time you choose not to accept these Terms of Use, including following receipt of notification of any modifications hereto, then please do not use the Site.

7. Links to Other Sites

The Site may include links to other websites or frame information from other websites, including links provided as automated search results. Some of these sites may contain materials that are objectionable, unlawful, or inaccurate. These links are provided for your convenience only and do not mean that we endorse these sites or the products and services they provide and we make no warranties or representations of any kind whatsoever regarding those websites, including the products, software, materials, services, content, completeness, accuracy or appropriateness of content on such linked websites. You acknowledge and agree that we are not responsible or liable for the content or accuracy of these other sites.

8. Additional Terms

Certain of the services referenced on the Site may have additional terms (such as policies, guidelines, and rules) that will further govern your use of that particular service. If you choose to register for or access any such services, you will be presented with any relevant additional terms and conditions at that time. By using those services, you agree to comply with such additional terms, policies, guidelines and rules.

9. No Spam

You may not use contact information provided by our users or harvest such information for the purpose of sending, or to facilitate the sending, of unsolicited bulk communications such as SPAM. You may not allow others to use your account to violate the terms of this section. We may terminate your access to the Site immediately and take other legal action if you or anyone using your Credentials violates these provisions.

10. Your Interactions and Communications with Us and Our Site

Visiting Our Websites; Registering with the Site; Emailing Us

When you sign-up for or log-in to our Site, or when you submit information on a web form or email or instant message us, you are communicating with us electronically.  When you visit our websites, we and certain third-party service providers collect information during your visit.  In each case, the nature of the information we collect, the duration and manner of how we retain it, how we use it, and to whom we disclose it, is governed by our Privacy Policy.

 

As part of providing our Site to you, we may need to provide you with certain communications, such as service announcements and administrative messages.  Such communication may be by email, instant message, a posting on our Site or some other mechanism.  You consent to receive such communications from us electronically.  If you have registered for one or more of our services, our service announcements and administrative messages we provide you are considered part of the services themselves, which you may not be able to opt-out from receiving until you cease using, or deactivate your Credentials to, such services.

 

You agree that all agreements, notices, authorizations, disclosures and other communications that we provide to you electronically, as well as any acceptances, agreements, consents or authorizations that you provide to us electronically, satisfy any and all legal requirement(s) that such communications be in writing.

 

Your Participation in Our Public Forums

We may offer one or more forums for the exchange of information among our users. You acknowledge that any information or content that you submit in any of our forums (including discussion groups, blogs, surveys, ratings, comment forms, or message boards, collectively, “Public Forums”) is available to the public.  Notwithstanding the foregoing, we are under no obligation to display any of your information that you submit, and we reserve the right to remove or edit your content at any time, for any or no reason.

 

It is important that you act responsibly when submitting content to a Public Forum.  You acknowledge that any information that you submit in a Public Forum is available to the public.  You are solely responsible for any information that you post on the Public Forums or transmit to other users of our Site.  You acknowledge that any information you post in a Public Forum may be available to the public, and may result in your receiving communications from others outside our Site.

 

Your participation in our Public Forums is contingent on your acknowledgment and agreement with the following:

  • You will only disclose information about yourself on a Public Forum that you consider suitable for public disclosure.  Do not disclose information that personally identifies you unless you intend for that information to be disclosed publicly.  We strongly recommend that you refrain from disclosing any sensitive information about yourself on a Public Forum, including information about any medical condition.
  • You will not violate the privacy rights of others, including disclosing information about anyone else’s medical or financial condition or any other sensitive subjects.
  • You will ensure that any information that you submit to Public Forums is accurate.  If you are rating or reviewing a Professional, you agree to provide your honest appraisals of such Professional, without using inappropriate language or making gratuitous personal criticisms.
  • You will not post any information or content that you do not have the right to post; you will not violate any person’s or entity’s intellectual property or proprietary rights, including copyrights, trademarks or trade secret rights.
  • We will not be liable to you for any information or content you submit to any Public Forum.

 

Community Standards

Without limiting the generality of the foregoing, when you use any part of our Site (including the Public Forums), you will adhere to the following “Community Standards”:

  • You will not threaten, harass, defame, disparage, menace, stalk or abuse any user, individual or entity.
  • You will not use any language that is racist, sexist or degrading to any religion, ethnicity, sexual orientation, gender or nationality.
  • You will not engage in, or advocate engaging in, any fraudulent, violent or other illegal conduct.
  • You will not submit pornographic, obscene or sexually suggestive Content.
  • You will not impersonate any person or entity, including any of our employees.  You will only submit Content that you believe to be true and you will not purposely provide false or misleading information.
  • You will not submit any unauthorized or unsolicited advertising, including website links not authorized by LiberateIdeas.
  • You will not submit spam or mass-emails to our Site nor any other user or any individual or entity identified on our Site.
  • You may not state or imply that any product, service, individual, or entity is sponsored or endorsed by LiberateIdeas.
  • You will not infringe, misappropriate or otherwise violate any copyright, trademark or other proprietary right of any individual or entity.

 

Removal of Content

You understand and agree that we may, but are not obligated to, monitor, edit or remove any Content for any or no reason at any time.  We are not responsible, however, for any delay or failure in removing any Content.

 

Reporting Violations

We may provide you with tools with which to report violations of the Community Standards or other provisions of these Terms.  Notwithstanding the availability of such tools, you acknowledge and agree that we are under no obligation to take any action with respect to any such report.

 

11. Ownership

If you submit to us any ideas, suggestions or proposals (collectively, “Suggestions”) relating to our Site, services or other products or services by any means – such as through “Contact Us,” by email or other communication channels, one of our communities or user forums, or to our customer support or other personnel – such Suggestions (1) are not governed by our Privacy Policy, (2) we are under no obligation of confidentiality, express or implied, with respect to such Suggestions; (3) we are entitled to use or disclose (or choose not to use or disclose) such Suggestions in any way and for any purpose; (4) such Suggestions automatically become our property without any obligation; and (5) you are not entitled to any accounting, compensation or reimbursement of any kind from us under any circumstances.

Except for your information and content, as between you and us, all of the Content available on or through the Site, including without limitation, text, photographs, graphics and video and audio content, is owned by us and our licensors and is protected by copyright, trademark, patent, and trade secret laws, other proprietary rights, and international treaties. You acknowledge that the Site, our services and any underlying technology or software used in connection with the Site and services contain LiberateIdeas’s proprietary information. We give you permission to use the aforementioned content for personal, non-commercial purposes only and do not transfer any intellectual property rights to you by virtue of permitting your use of the Site or our services. You may print, download, and store information from the Site for your own convenience, but you may not copy, distribute, republish (except as permitted in this paragraph), sell, or exploit any of the content, or exploit the Site in whole or in part, for any commercial gain or purpose whatsoever. Except as is expressly and unambiguously provided herein, LiberateIdeas and its suppliers do not grant you any express or implied rights, and all rights in the Site not expressly granted by LiberateIdeas to you are retained by LiberateIdeas.

12. Disclaimer of Warranties

WE PROVIDE THE SITE “AS IS”, “WITH ALL FAULTS” AND “AS AVAILABLE.” WE MAKE NO EXPRESS OR IMPLIED WARRANTIES OR GUARANTEES ABOUT THE SITE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE HEREBY DISCLAIM ALL SUCH WARRANTIES, INCLUDING ALL STATUTORY WARRANTIES, WITH RESPECT TO THE SITE, INCLUDING WITHOUT LIMITATION ANY WARRANTIES THAT THE SITE IS MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, FIT FOR A PARTICULAR PURPOSE OR NEED, OR NON-INFRINGING. WE DO NOT GUARANTEE THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE WILL BE EFFECTIVE, RELIABLE OR ACCURATE OR WILL MEET YOUR REQUIREMENTS. WE DO NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE SITE (EITHER DIRECTLY OR THROUGH THIRD-PARTY NETWORKS) AT TIMES OR LOCATIONS OF YOUR CHOOSING.  WE ARE NOT RESPONSIBLE FOR THE ACCURACY, RELIABILITY, TIMELINESS OR COMPLETENESS OF ANY INFORMATION PROVIDED BY USERS OF THE SITE OR ANY OTHER CONTENT, DATA OR INFORMATION PROVIDED OR RECEIVED THROUGH THE SITE. EXCEPT AS EXPRESSLY SET FORTH HEREIN, LiberateIdeas MAKES NO WARRANTIES ABOUT THE INFORMATION SYSTEMS, SOFTWARE AND FUNCTIONS MADE ACCESSIBLE THROUGH THE SITE OR ANY OTHER SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION.  LiberateIdeas DOES NOT WARRANT THAT THE SITE WILL OPERATE ERROR-FREE, THAT LOSS OF DATA WILL NOT OCCUR, OR THAT THE SITE IS FREE OF COMPUTER VIRUSES, CONTAMINANTS OR OTHER HARMFUL ITEMS. OR WITHOUT BREACHES OF SECURITY AND YOU AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR ANY AND ALL ACTS OR OMISSIONS TAKEN OR MADE IN RELIANCE ON YOUR ACCESS TO THE SITE OR THE INFORMATION OR CONTENT IN OUR SITE, INCLUDING INACCURATE OR INCOMPLETE INFORMATION OR CONTENT.

13. General Limitation of Liability

YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH US IS THE CANCELLATION OF YOUR REGISTRATION. IN NO EVENT SHALL OUR TOTAL CUMULATIVE LIABILITY TO YOU FOR ANY AND ALL CLAIMS RELATING TO OR ARISING OUT OF YOUR USE OF THE SITE, REGARDLESS OF THE FORM OF ACTION, EXCEED THE GREATER OF: (A) THE TOTAL AMOUNT OF FEES, IF ANY, THAT YOU PAID TO UTILIZE THE SITE OR (B) $100. IN NO EVENT SHALL WE BE LIABLE TO YOU (OR TO ANY THIRD PARTY CLAIMING UNDER OR THROUGH YOU) FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING FROM YOUR USE OF, OR INABILITY TO USE, THE SITE. THESE EXCLUSIONS APPLY TO ANY CLAIMS FOR LOST PROFITS, LOST DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, ANY OTHER COMMERCIAL DAMAGES OR LOSSES, OR MEDICAL MALPRACTICE OR NEGLIGENCE OF PHYSICIANS UTILIZED THROUGH USE OF THE SERVICE, EVEN IF WE KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE YOUR RIGHTS WITH RESPECT TO CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR”.  IN THE CASE OF A JURISDICTION THAT RESTRICTS LIMITATION CLAUSES, THIS LIMITATION SHALL BE APPLIED TO THE GREATEST EXTENT PERMITTED BY LAW.  NOTHING IN THESE TERMS OF USE IS INTENDED TO LIMIT ANY RIGHTS YOU MAY HAVE THAT MAY NOT BE LAWFULLY TERMINATED.

14. Risks You Assume

WITHOUT LIMITING ANY OF THE OTHER RISKS WE HAVE DISCLOSED TO YOU IN THESE TERMS OF USE, YOU ARE SOLELY RESPONSIBLE FOR YOUR USE OF OUR SITE, INCLUDING ANY CONTENT YOU SUBMIT TO USE AND YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR USE AND ACCESS TO OUR SITE AND THE INFORMATION AND CONTENT CONTAINED THEREIN, AND ANY SITES LINKED THROUGH OUR SITE AND ANY DATA TRANSMITTED THROUGH OUR SITE IS AT YOUR SOLE RISK.  ACCORDINGLY, WE DO NOT ASSUME ANY LIABILITY TO YOU FOR OR RELATING TO ANY OF YOUR ACTIONS, INCLUDING THE PUBLICATION OF ANY INFORMATION YOU SUBMIT OR OUR EXERCISE OF THE RIGHTS YOU GRANT TO US WITH RESPECT THERETO.

15. Termination

We may terminate and/or suspend your registration immediately, without notice, if there has been a violation of these Terms of Use or other policies and terms posted on the Site by you or by someone using your Credentials. We may also cancel or suspend your registration for any other reason, including inactivity for an extended period, but will attempt to notify you in advance of such cancellation or suspension. LiberateIdeas shall not be liable to you or any third party for any termination of your access to the Site. Further, you agree not to attempt to use the Site after any such deletion, deactivation or termination.

16. Indemnification

Upon a request by us, you agree to defend, indemnify, and hold harmless us, our employees, contractors, officers, directors, agents, parent, other affiliated companies, and suppliers, from all liabilities, claims, demands and expenses, including attorney’s fees, made by any third party that arise from or are related to (a) your access to the Site, (, or (b) the violation of these Terms of Use by you or any third party using your Credentials of any intellectual property or other right of any person or entity. The foregoing indemnification obligation does not apply to liabilities, claims and expenses arising as a result of our own gross negligence or intentional misconduct.

17. Electronic Contracting and Notices

Your affirmative act of using this Site and/or registering for the Site constitutes your electronic signature to these Terms of Use and your consent to enter into agreements with us electronically.

18. Copyright Dispute Policy

LiberateIdeas Policy.

It is LiberateIdeas’s policy to (a) block access to or remove material that it believes in good faith to be copyrighted material that has been illegally copied and distributed by any of our advertisers, affiliates, content providers, members or users; and (b) remove and discontinue service to repeat offenders.

 

Procedure for Reporting Copyright Infringements.  

If you believe that material or content residing on or accessible through the Site infringes a copyright, please send a notice of copyright infringement containing the following information to the Designated Agent listed at the bottom of this section (“Proper Bona Fide Infringement Notification”):

  • A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed;
  • Identification of works or materials being infringed;
  • Identification of the material that is claimed to be infringing including information regarding the location of the infringing materials that the copyright owner seeks to have removed, with sufficient detail so that LiberateIdeas is capable of finding and verifying its existence;
  • Contact information about the notifier including address, telephone number and, if available, email address;
  • A statement that the notifier has a good faith belief that the material is not authorized by the copyright owner, its agent, or the law; and
  • A statement made under penalty of perjury that the information provided is accurate and the notifying party is authorized to make the complaint on behalf of the copyright owner.

 

Upon Receipt of a Bona Fide Infringement Notification. 

Once Proper Bona Fide Infringement Notification is received by the Designated Agent, it is LiberateIdeas’s policy:

  • to remove or disable access to the infringing material;
  • to notify the content provider, member or user that it has removed or disabled access to the material; and
  • that for repeat offenders, LiberateIdeas will also terminate such content provider’s, member’s or user’s access to the Site.

 

Procedure to Supply a Counter-Notice to the Designated Agent. 

If the content provider, member or user believes that the material that was removed or to which access was disabled is either not infringing, or the content provider, member or user believes that it has the right to post and use such material from the copyright owner, the copyright owner’s agent, or pursuant to the law, the content provider, member or user must send a counter-notice containing the following information to the Designated Agent listed below:

  • A physical or electronic signature of the content provider, member or user;
  • Identification of the material that has been removed or to which access to has been disabled and the location at which the material appeared before it was removed or disabled;
  • A statement that the content provider, member or user has a good faith belief that the material was removed or disabled as a result of mistake or a misidentification of the material; and
  • The content provider’s, member’s or user’s name, address, telephone number, and, if available, email address and a statement that such person or entity consents to the jurisdiction of the Federal Court for the judicial district in which the content provider’s, member’s or user’s address is located, or if the content provider’s, member’s or user’s address is located outside the United States, for any judicial district in which LiberateIdeas is located, and that such person or entity will accept service of process from the person who provided notification of the alleged infringement.

 

Removal.
If a counter-notice is received by the Designated Agent, LiberateIdeas may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed material or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed material may be replaced or access to it restored in 10 to 14 business days or more after receipt of the counter-notice, at LiberateIdeas’s discretion.

 

Address for Designated Agent.  Please contact LiberateIdeas’s Designated Agent to Receive Notification of Claimed Infringement at the following address:

 

Liberate Ideas, Inc.

“Support”

Phone: 1 (855) 885-4278

Email: support@liberate.com

 

19. Choice of Law and Dispute Resolution

These Terms if Use shall be deemed to have been entered into and shall be construed and enforced in accordance with the laws of the State of New York as applied to contracts made and to be performed entirely within New York, without giving effect to the state’s conflicts of law statute. Subject to the last sentence hereof, any controversy, dispute or claim arising out of or related to these Terms of Use shall be settled by final and binding arbitration to be conducted by an arbitration tribunal in the State, City and County of New York, pursuant to the rules of the American Arbitration Association. The arbitration tribunal shall consist of one arbitrator. The decision or award of the arbitrator shall be final, and judgment upon such decision or award may be entered in any competent court or application may be made to any competent court for judicial acceptance of such decision or award and an order of enforcement. The parties agree that the arbitrator shall have the authority to impose equitable and injunctive relief as well as to award monetary relief, as the arbitrator deems appropriate; provided, that the foregoing shall not preclude either party from seeking temporary or preliminary injunctive relief in connection with any controversy dispute or claim, in any competent court.

20. Assignment

You may not assign, transfer or sublicense these Terms of Use to anyone else in whole or in part, without our prior written consent, which may be withheld at our sole discretion, and any attempt to do so in violation of this section shall be null and void.

21. Eligibility

You must be 18 or over, or the legal age to form a binding contract in your jurisdiction if that age is greater than 18 years of age, to register with us or use the Site. If you are between the ages of 13 and 18 or the applicable legal age in your jurisdiction, you can use the Site only in conjunction with, and under the supervision of, your parent or guardian who has agreed to the Terms of Use. If you are under the age of 13, you may not use the Site, If you are the parent or legal guardian of a child under the age of 18, you may use the Site on behalf of such minor child. By using the Site on behalf of a minor child, you represent and warrant that you are the parent or legal guardian of such child and that all references in these Terms of Use to “you” shall refer to such child or such other individual for whom you have authorization to enter into these Terms of Use on their behalf, and you in your capacity as the parent or legal guardian of such child or as the authorized party of such individual. If you do not qualify under these terms, do not use the Site. Membership in the Site is void where prohibited by applicable law, and the right to access the Site is revoked in such jurisdictions. By using the Site, you represent and warrant that you have the right, authority, and capacity to enter into these Terms of Use and to abide by all of the terms and conditions set forth herein. The Site is administered in the U.S. and intended for U.S. users; any use outside of the U.S. is at the user’s own risk and users are responsible for compliance with any local laws applicable to their use of the Site.

22. Entire Agreement

These Terms of Use and any supplemental terms, policies, rules and guidelines posted on the Site, constitute the entire agreement between you and us and supersede all previous written or oral agreements. If any part of these Terms of Use is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. The failure of LiberateIdeas to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.

 

Last Updated November 16, 2013