The following terms and conditions (the “Terms and Conditions”) govern your use of the Sick Economics Media, Inc. website, sickeconomics.com, including without limitation, the home page, splash pages, and all other pages under the same top level domain name, and all content thereon (the “Site”) as provided by Sick Economics Media, Inc. (“SE”, “We”, “Us,” or “Our”). The words “You”, “Your”, and “User”, are used interchangeably and mean you and anybody using your computer and/or internet connection to access the Site.
These Terms and Conditions constitute a legally binding agreement between you and SE. Your use of this Site constitutes your acceptance to be bound by these Terms and Conditions. If you do not agree to these Terms and Conditions, you may not access or otherwise use the Site. Please exit the Site now if you choose not to accept these Terms and Conditions. We may change the Terms and Conditions and any Services provided on the Site from time to time without notice to you, by posting such changes on the Site. If you disagree with any changes to the Terms and Conditions, you must discontinue your use of the Site. By using the Site following any modifications to the Terms and Conditions, you agree to be bound by any such modifications to the Terms and Conditions.
YOU HEREBY ACKNOWLEDGE THAT YOU UNDERSTAND THAT ANY AND ALL INFORMATION AND/OR CONTENT DISPLAYED OR OTHERWISE RECEIVED BY YOUR USE OF THE SITE IS, WITHOUT LIMITATION, FOR INFORMATIONAL AND ENTERTAINMENT PURPOSES AND SHOULD NOT BE RELIED UPON. DO YOUR OWN DUE DILIGENCE WHEN MAKING INVESTMENT DECISIONS.
Services Available on the Site
In addition to certain information and programs that may be offered by SE and/or on the Site from time to time, We may, from time to time, make certain services available to visitors to the Site, including, but not limited to, chat rooms, discussion boards, and downloadable items (the “Services”). Site visitors are solely responsible for any user information and other content they post on and through the Site. Users should be aware that when they voluntarily disclose personal information (e.g., user name, e-mail address, phone number) on or through any public portions of the Site, that such information is generally accessible to and may be collected and used by others and may result in unsolicited messages from other people. Visitors to and users of the Site are encouraged to exercise caution when providing personal information about themselves on public portions of the Site. By accessing the Site You agree to release and discharge SE, its affiliates, members, and creators of the Site from any and all liability which may arise from your use of the Site and the Services.
You acknowledge and agree that in connection with your use of the Site and Services you must: (a) provide your own access to the World Wide Web and pay any service fees associated with such access, and (b) provide all equipment necessary for you to make such access and connection to the World Wide Web,
including a computer, software, a modem and a means of connecting to or accessing the Internet. We are not responsible for any malfunctions, errors, crashes, or other adverse events that may occur from your use of the Site.
You agree to access and use the Site in accordance with all applicable laws and regulations, including, without limitation, state and federal laws and regulations. You agree not to use the Site for any illegal or wrongful purposes. You warrant and agree that, while using the Site, you shall not upload, post, transmit to, distribute, or otherwise publish through the Site any materials that: (a) are protected by copyright or other proprietary or intellectual property right, or derivative works with respect thereto, except as provided herein, or without first obtaining permission from us or the copyright owner; (b) are unlawful, threatening, harassing, profane, tortious, defamatory, vulgar, obscene, libelous, deceptive, fraudulent, contain explicit or graphic descriptions or accounts of sexual acts (including but not limited to sexual language of a violent or threatening nature directed at another individual or group of individuals), invasive of another’s privacy, or are hateful; (c) contain a virus or other malicious or technologically harmful component, advertising of any kind, or false or misleading indications of origin or statements of fact; (d) restrict or inhibit any other user from using and enjoying the Site; or (e) constitute or encourage conduct that would constitute a criminal offense or give rise to civil liability. You also warrant and agree that you shall not: (a) impersonate or misrepresent any information about yourself and/or your affiliation with any other person or entity; (b) upload, post, publish, transmit, reproduce, distribute, or in any way exploit any information or other material obtained through the Site, for commercial purposes (other than as expressly permitted by the provider of such information or other material); (c) engage in spamming or flooding; or (d) attempt to gain unauthorized access to other computer systems through the Site.
Except as otherwise expressly permitted herein, you may not upload, post, publish, reproduce, transmit, or distribute in any way any component of the Site itself or derivative works with respect thereto, as the Site is protected under copyright laws.
Access To The Site
You acknowledge that (a) the Site contains proprietary and confidential information that is protected by applicable intellectual property and other laws, and (b) SE and/or third parties own all right, title, and interest in and to the Site and any Content or Services provided through or in conjunction with the Site, including without limitation all Intellectual Property Rights therein and thereto. “Intellectual Property Rights” means any and all rights existing from time to time under the law of patent, copyright, trade secret, trademark, trade dress, unfair competition, any and all other proprietary rights, any and all applications, renewals, extensions, and restorations thereof, now or hereafter in force and effect worldwide. You agree that you will not, and will not allow any third party to, (i) copy, sell, rent, lease, license, sublicense, distribute, transfer, modify, adapt, translate, prepare derivative works from, decompile, assign, reverse engineer, disassemble, modify, loan, export, or otherwise attempt to derive source code, technology or other materials from the Site; (ii) take any action to circumvent or defeat the security or content usage rules provided, deployed or enforced by any functionality (including without limitation digital rights management functionality) contained in the Site; (iii) use the Site to access, copy, transfer, transcode, or retransmit content in violation of any law or third party rights; or (iv) remove, obscure, or alter SE or any third party’s copyright notices, trademarks, or other proprietary rights notices affixed to or contained within or accessed in conjunction with or through the Site.
You should assume that all trademarks, logos, designs, slogans, and trade dress appearing on the Site, whether or not appearing in large print, italics, or with the trademark symbol, are owned by SE, its sponsors, exhibitors, members, or are used under license, by permission, or otherwise lawfully. The Site may also contain or reference patents, proprietary information, technologies, products, processes, or other proprietary rights of SE and/or other parties. No license to, or right in, any such Intellectual Property Rights, logos, designs, slogans, trade dress, patents, trade secrets, technologies, products, processes, or other proprietary rights of SE and/or other parties is granted to or conferred upon you.
You hereby grant to SE, for the territory of the entire world and all other territories later discovered, an irrevocable, nonexclusive, assignable, transferable, sublicensable, and royalty-free license to use, in any way whatsoever without limitation and in all mediums now known or later discovered, any and all of the content you post to or provide on the Site. TO BE CLEAR: DO NOT POST OR PROVIDE CONTENT TO THE SITE IF YOU DO NOT WANT YOUR CONTENT REPRODUCED BY SE. SE MAY FROM TIME TO TIME FOR ITS OWN COMMERCIAL PURPOSES USE THIS LICENSE YOU HEREBY GRANT. YOU AGREE THAT THERE WILL BE NO COMPENSATION TO YOU, YOUR AGENTS,YOU’RE YOUR ASSIGNS, FOR USE OF YOUR CONTENT BY SE, WHETHER THE USE IS IN WHOLE OR IN PART, OR IF A DERIVATIVE WORK OF ANY KIND IS MADE FROM YOUR POSTED OR PROVIDED CONTENT.
You shall not use, download, or export the Site in violation of any applicable laws or regulations. You may not use the Site in any manner that could damage, disable, overburden, or impair SE’s servers or networks, or interfere with any other party’s use and enjoyment of the Site. SE may take any legal and technical remedies to prevent the violation of this provision and to enforce these Terms and Conditions.
Links From And To The Site
This Site may contain information or content brought to you by third parties or through links to other internet websites (“Linked Sites”). We do not control nor assume any responsibility for the information provided by third parties or the content of other Internet websites to which links are provided. Links to Linked Sites do not constitute an endorsement by or association with SE of such sites or the content, products, advertising, or other materials presented on such sites. You acknowledge and agree that We shall not be liable, directly or indirectly, for any damage or loss relating to or arising out of your use of or reliance on such information or other content or for the practices of any SE or non-SE site or resource operator, including with respect to the protection of personally identifiable information or goods or services available on such Linked Sites.
Disclaimer Of Representations And Warranties
THE SITE, INCLUDING, WITHOUT LIMITATION, ALL CONTENT, FUNCTIONS AND MATERIALS (INCLUDING ANY SERVICES) PRESENTED HEREIN IS PROVIDED “AS IS,” WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER IMPLIED, EXPRESS, OR STATUTORY, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY FOR INFORMATION, DATA, DATA PROCESSING SERVICES, OR UNINTERRUPTED ACCESS, ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, CURRENCY, SECURITY, COMPLETENESS, USEFULNESS, OR CONTENT OF INFORMATION, OR THAT MIGHT OTHERWISE ARISE FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE AND ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. SE DOES NOT WARRANT THAT THE SITE OR THE FUNCTIONS, FEATURES, OR CONTENT CONTAINED THEREIN WILL BE TIMELY, SECURE, UNINTERRUPTED, OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. SE MAKES NO WARRANTY THAT THE SITE WILL MEET USERS’ REQUIREMENTS. YOU UNDERSTAND AND AGREE THAT ANY CONTENT, MATERIAL, OR DATA OBTAINED THROUGH USE OF THE
SITE IS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH CONTENT OR MATERIAL. YOU HEREBY EXPRESSLY ASSUME THE RISK OF ANY UNAUTHORIZED DISCLOSURE OR INTENTIONAL INTRUSION OF YOUR PERSONAL INFORMATION OR OTHER INFORMATION TRANSMITTED IN CONNECTION WITH THE USE OF THE SITE.
No advice, results, or information, whether oral or written, obtained by you from SE or through the Site shall create any warranty not expressly made herein. If you are dissatisfied with the Site for any reason, your sole remedy is to discontinue using the Site.
Limitation Of Liability
SE AND ITS DIRECTORS, OFFICERS, AFFILIATES, EMPLOYEES, AGENTS, MEMBERS, SPONSORS, EXHIBITORS, AND CONTENT AND SERVICE PROVIDERS (THE “SE PARTIES”) DISCLAIM ALL LIABILITY FOR ANY DAMAGES, NO MATTER THEIR ALLEGED CAUSE NOR THEORY OF LIABILITY ON WHICH THEY ARE BASED, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR PERSONAL INJURY, LOST PROFITS, LOST DATA, OR BUSINESS OPERATION. IN NO INSTANCE SHALL ANY OF THE SE PARTIES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, EXEMPLARY, OR OTHER SIMILAR DAMAGES WHATSOEVER, IN CONNECTION WITH YOUR USE OF (OR INABILITY TO USE) THE SITE OR THE CONTENT, MATERIALS, AND FUNCTIONS RELATED THERETO (INCLUDING THE SERVICES), INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE, ANTICIPATED PROFITS, OR LOST BUSINESS OR LOST SALES, EVEN IF ANY OF THE SE PARTIES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR EXCLUSIVE REMEDY FOR ANY DISPUTE ABOUT YOUR USE OF THE SITE OR ITS CONTENTS OR THE SERVICES IS LIMITED TO YOUR RIGHT TO STOP USING THE SITE.
IN NO EVENT SHALL ANY OF THE SE PARTIES BE LIABLE FOR OR IN CONNECTION WITH ANY CONTENT POSTED, TRANSMITTED, EXCHANGED, OR RECEIVED BY OR ON BEHALF OF ANY USER OR OTHER PERSON ON OR THROUGH THE SITE OR SERVICES. IN NO EVENT SHALL THE TOTAL LIABILITY OF THE SE PARTIES TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM THE TERMS AND CONDITIONS OR YOUR USE OF THE SITE EXCEED, IN THE AGGREGATE $100.00 U.S. DOLLARS. IF THE LAWS OF ANY JURISDICTION DO NOT ALLOW A COMPLETE EXCLUSION OR LIMITATION OF SUCH DAMAGES, SUCH DISALLOWANCE SHALL BE APPLIED ONLY TO THE MINIMUM EXTENT REQUIRED BY APPLICABLE LAW.
You agree to indemnify, defend, and hold harmless SE and SE Parties from any and all losses, liabilities, costs, claims, damages, and demands (including attorneys’ fees and costs) arising out of or relating to your use of the Site or Services, including the content on the Site, or any other associated programs (including any user-generated content you post or submit to the Site), your breach of any aspect of these Terms and Conditions, or your violation or misappropriation of any rights of another in connection with the Site or
Services. We reserve the right exclusively to defend and control any claims arising from the above and you will fully cooperate with us in any such defenses. Your cooperation with us as required under this paragraph shall be prompt and timely and shall not be unreasonably withheld.
Jurisdiction And Applicable Law
Any provisions of these Terms and Conditions that by their terms or nature survive after you cease using the Site or decide to no longer be a registered user, as well as the provisions of these Terms and Conditions concerning consent to collection and use of data, disclaimers of warranties, limitation of liability, indemnities, proprietary rights, dispute resolution, survival, and interpretation of these Terms and Conditions shall remain in effect after you cease using the Site or decide to no longer be a registered user.
You may not assign or transfer your rights or obligations under these Terms and Conditions without the prior written consent of SE. We may assign these Terms and Conditions to a subsidiary, affiliate, or successor to all or a substantial part of SE’s business and assets without your consent. Subject to the foregoing, these Terms and Conditions will inure to the benefit of and be binding upon the successors and permitted assigns of You and/or SE.
If any provision of the Terms and Conditions is found by a court of competent jurisdiction to be invalid, User and SE nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in such provision, and the other provisions of the Terms and Conditions shall remain in full force and effect.
The failure of SE to exercise or enforce any right or provision of the Terms and Conditions shall not constitute a waiver of such right or provision.
Section headings in these Terms and Conditions are used solely for the convenience of the parties and have no legal or contractual significance.
Should you have any questions regarding this Site or the Terms and Conditions of its use, please contact us at [email protected].
If you do not agree to these Terms and Conditions, you must exit this Site now.