Last Modified: December 12, 2019
Please read this Agreement carefully before you start to use the Websites and Mobile Apps. By accessing, viewing, and using the Websites and Mobile Apps, You agree to be bound by all the terms and conditions of this Agreement and do hereby enter into the Agreement with Company of Your own free will, are of competent age and mental state, and are otherwise fully capable and qualified to be bound.
We may revise and update this Agreement from time to time in our sole discretion and without notice. All changes are effective immediately when we post them and apply to all access to and use of the Websites and Mobile Apps thereafter. Your continued use of the Websites and Mobile Apps following the posting of a revised Agreement means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.
IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT, YOU SHALL CEASE ALL USE OF THE WEBSITES AND MOBILE APPS AND ANY OF THEIR CONTENT. IF YOU HAVE INSTALLED A COMPANY PRODUCT/APPLICATION ON ANY COMPUTER OR MOBILE DEVICE, YOU MUST DELETE THE PRODUCT/APPLICATION FROM YOUR COMPUTER OR MOBILE DEVICE AND CEASE ALL USE OF THE SOFTWARE.
Notice to California Residents
If you are a California resident, California law may provide you with additional rights regarding our use of your personal information. For example, California's "Shine the Light" law (Civil Code Section 1798.83) permits users of our Websites and Mobile Apps that are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, under California Civil Code Section 1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (800) 952-5210 in order to resolve a complaint or to receive further information. You may have additional rights under the California Consumer Privacy Act of 2018 (CCPA), such as the right to know what personal information is collected about you, the right to request that certain information be corrected or deleted, the right to opt out of the sale of your information (note, the Company does not sell your information), and the right not to be discriminated against. To make any requests pursuant to your California rights, please contact us in writing or by email using our Contact Information below.
2. Access and Account Security. We reserve the right to withdraw or amend the Websites and Mobile Apps, and any service or material we provide on the Websites and Mobile Apps, in our sole discretion without notice. We will not be liable if, for any reason, all or any part of the Websites and Mobile Apps are unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Websites and Mobile Apps, or the entire Websites and Mobile Apps, to users, including registered users.
You are responsible for:
If you choose, or are provided with, a user name, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the Websites or Mobile Apps or portions of it using your user name, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
We have the right to disable any user name, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of this Agreement.
3. Intellectual Property Rights.
(a) License. Company grants to You, and You do hereby accept, a limited, nontransferable, revocable license to access and make personal use of the Websites and Mobile Apps and not to download, modify, alter, adjust, change, or amend the Websites and Mobile Apps in any way. This license does not include:
Engaging in any unauthorized use terminates the permission or license granted herein.
(b) Copyrights. All content (other than any profile information provided by You and any material posted to the Websites and Mobile Apps by You/users), compilation of content, and software included or used on the Websites and Mobile Apps, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, is the property of Company or its content suppliers and is protected by United States and international copyright laws. You hereby agree not to make any use of any of the copyrighted material or content appearing on the Websites and Mobile Apps, without the express prior written permission of Company.
(c) Trademarks. Company's trademarks, identified on the Websites and Mobile Apps with a ™ or ®, are the exclusive property of Company. All other trademarks not owned by Company that appear on the Websites and Mobile Apps are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Company. You hereby agree not to make any use of any of the trademarks appearing on the Websites and Mobile Apps, without the express written permission of Company.
You agree not to use the Websites and Mobile Apps:
6. Disclaimer of Warranties and Waivers; Limitation on Liability. THE WEBSITES AND MOBILE APPS ARE PROVIDED "AS IS." WE MAKE NO WARRANTY OF ANY KIND WITH REGARD TO THE PRODUCTS, CONTENT, SOFTWARE, INFORMATION, OR SERVICES PROVIDED HEREIN, ALL SUCH EXPRESS OR IMPLIED WARRANTIES ARE EXPRESSLY WAIVED TO THE FULLEST EXTENT ALLOWED BY LAW, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF FITNESS FOR PARTICULAR PURPOSE AND WARRANTIES OF MERCHANTABILITY. WE DO NOT WARRANT THAT THE WEBSITES AND MOBILE APPS ARE FREE FROM COMPUTER VIRUSES OR OTHER HARMFUL ELECTRONIC OBJECTS AND COMPONENTS. WE SHALL NOT BE LIABLE TO YOU FOR ANY DAMAGES OF ANY KIND ARISING OUT OF THE USE OF THE WEBSITES AND MOBILE APPS, INCLUDING, WITHOUT LIMITATION, PUNITIVE, DIRECT, INDIRECT, INCIDENTAL, AND CONSEQUENTIAL DAMAGES. AS TO THE OPERATION OF THE WEBSITES AND MOBILE APPS OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THE WEBSITES AND MOBILE APPS, YOU EXPRESSLY AGREE THAT YOUR USE OF THE WEBSITES AND MOBILE APPS IS AT YOUR SOLE RISK.
YOU UNDERSTAND THAT WHEN USING THE WEBSITES AND MOBILE APPS, YOU MAY BE EXPOSED TO MATERIAL THAT MAY BE OR IS INACCURATE, OFFENSIVE, INDECENT, OR OBJECTIONABLE TO YOU. COMPANY IS NOT RESPONSIBLE FOR THE FOREGOING AS WELL AS ACCURACY, USEFULNESS, SAFETY, OR INTELLECTUAL PROPERTY RIGHTS OF OR RELATING TO YOUR SUBMISSIONS. YOU HEREBY AGREE TO WAIVE ANY AND ALL LEGAL OR EQUITABLE RIGHTS OR REMEDIES THAT YOU MAY HAVE OR MAY HAVE AGAINST COMPANY WITH RESPECT THERETO.
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITES AND MOBILE APPS, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITES AND MOBILE APPS OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW
7. Indemnification. You agree to defend, indemnify and hold Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns harmless from any claims, liabilities, damages, demands, judgments, awards, losses, costs, expenses, or fees, including reasonable attorneys' fees, arising out of or relating to Your violation of this Agreement, Your violation of any law or the rights of any third party, and/or your use of the Websites and Mobiles Apps, including, but not limited to, Your use of the Websites and Mobiles Apps’ content, services, and products other than as expressly authorized in this Agreement or your use of any information obtained from the Websites and Mobile Apps.
8. Applicable Law. By visiting the Websites and Mobile Apps, You agree that any disputes concerning or involving these Conditions of Use, or the use of the Websites and Mobile Apps, shall be governed in accordance with the laws of the State of Iowa. You hereby consent to the personal jurisdiction of the courts of the State of Iowa for resolution of all disputes concerning or involving this Agreement, or Your use of the Websites and Mobile Apps.
9. Amendment. Company reserves the right to amend this Agreement at any time, by posting on the Websites and Mobile Apps said amended Agreement, Your use and continued use of the Websites and Mobile Apps is deemed an agreement to be bound by any such Amendment(s).
10. Limitations On Actions. YOU AGREE THAT ANY CAUSE OF ACTION THAT MAY ARISE, RESULT, OR OCCUR AS A RESULT OF YOUR USE OF THE WEBSITES AND MOBILE APPS, OR FROM ENTERING INTO THIS AGREEMENT, MUST BE COMMENCED NOT LONGER THAN ONE (1) YEAR FROM THE DATE SUCH CAUSE OF ACTION ACCRUES, OTHERWISE YOU WAIVE ALL RIGHT TO BRING SUCH CAUSE OF ACTION AND SUCH ACTION IS FOREVER BARRED AND DISCHARGED.
11. Transferability. You agree that Your rights and obligations under this Agreement may not be transferred, assigned, licensed, or otherwise alienated without the express written permission of Company, wherein said permission may be denied for any reason. 12. Reporting Copyright Violations. If You believe that a user of the Websites and Mobile Apps has violated or is violating Your copyright rights due to that user's illegal, unlawful, or otherwise improper conduct, You (the copyright owner) or Your agent may submit a notification pursuant to the Digital Millennium Copyright Act 17 U.S.C. § 512(c)(3) ("DMCA") by providing our Copyright Agent with the following information in writing:
You acknowledge that if You fail to comply with all of these requirements, Your DMCA notice may not be valid.
Company's designated Agent to receive notifications of claimed infringement is:
Failure to comply with all of the requirements of the foregoing, may result in the waiver or invalidity of the DMCA. You may be liable for damages, including court costs and attorney's fees if You materially misrepresent that content on the Websites and Mobile Apps constitutes copyright infringement.
Company will advise the alleged infringer of the DMCA statutory counter-notification procedure as described in the DMCA, at which time the alleged infringer may respond to Your claim and ask that the content at issue be restored. Upon receiving Your notification of alleged copyright infringement, as set forth above, Company will remove or disable access to the allegedly infringing material and promptly notify the alleged infringer of Your claim. In accordance with the DMCA, Company has implemented a policy to terminate, when appropriate, access to the Websites and Mobile Apps of any repeat infringer. As stated above, Company may terminate Your access at any time for any or no reason.
13. Links and Third Party Websites. We have not reviewed, and cannot review, all of the material, including computer software, made available through any third party websites and webpages to which Company links, and that link to the Websites and Mobile Apps. Company does not control such websites and webpages and is not responsible for their contents or their use. By linking to a website or webpage, Company does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect Yourself and Your computer systems from viruses, worms, Trojan horses, logic bombs, and other material that is malicious or technologically harmful (collectively, the “Technologically Harmful Content”). Additionally, You agree not to introduce any Technologically Harmful Content to the Websites and Mobile Apps. COMPANY DISCLAIMS ANY RESPONSIBILITY FOR ANY HARM RESULTING FROM YOUR USE OF THIRD PARTY WEBSITES AND WEBPAGES.
15. Ability to Accept Terms of Service.
A. Age of Access. The Website and Mobile Apps are offered and available to users who are 18 years of age or older. You affirm that You are either 18 years of age or older, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set from in this Agreement, and to abide by and comply with this Agreement. If You are under 18 years of age, you shall not access or use the Websites and Mobile Apps.
B. Children Under the Age of 13. Without limiting the foregoing, our Websites and Mobile Apps are not intended for children under 13 years of age. No one under age 13 may provide any information to or on the Websites and Mobile Apps. We do not knowingly collect personal information from children under 13. If you are under 13, do not use, register, or provide any information on this Websites or Mobile Apps or on or through any of its features, make any purchases through the Websites and Mobile Apps, use any interactive or public comment features of the Websites or Mobile Apps or provide any information about yourself to us. If we learn we have collected or received personal information from a child under 13 without verification of parental/guardian consent, we will delete that information. If you believe we might have any information from or about a child under 13, please contact us at email@example.com.
16. Your Account; Payment. If You create an account on the Websites and Mobile Apps, You are responsible for maintaining the security of Your account, and You are fully responsible for all activities that occur under the account. You must immediately notify Company of any unauthorized uses of Your account or any other breaches of security. COMPANY IS NOT LIABLE FOR ANY ACTS OR OMISSIONS BY YOU, INCLUDING ANY DAMAGES OF ANY KIND INCURRED AS A RESULT OF SUCH ACTS OR OMISSIONS.
Payment. If you choose to create an account on the Websites and Apps, you agree to the following:
17. Responsibility of Websites Visitors and Mobile Apps Visitors. Company has not reviewed, and cannot review, all of the material, including links to computer software, posted to the Websites and Mobile Apps by users, and Company cannot therefore be responsible for that material's content, use or effects. By operating the Websites and Mobile Apps, Company does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect Yourself and Your computer systems from Technologically Harmful Content. The Websites and Mobile Apps may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Websites and Mobile Apps may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. COMPANY DISCLAIMS ANY RESPONSIBILITY FOR ANY HARM RESULTING FROM THE USE BY VISITORS/USERS OF THE WEBSITES AND MOBILE APPS, OR FROM ANY DOWNLOADING BY THOSE VISITORS/USERS OF CONTENT THERE POSTED.
18. Security. You are solely responsible for the data provided by You to the Websites and Mobile Apps, including its accuracy and security. In the event Company becomes aware of a security breach, including the unauthorized access of Your data, utilizing the Websites and Mobile Apps which is not deemed to be a breach initiating with You, then Company will provide notice to You of such a breach within the applicable time period after becoming aware of such breach. Such notice may be provided by e-mail or letter sent by regular mail to the contact information placed on file with Company, or otherwise in accordance with applicable law. Company is not responsible for any damages relating to the improper utilization of data or breach of security provisions.
19. Intellectual Property. This Agreement does not transfer from Company to You any Company or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Company. Any trademarks, service marks, graphics and logos used in connection with the Websites and Mobile Apps may be the trademarks of Company or other third parties. Your use of the Websites and Mobile Apps grants You no right or license to reproduce or otherwise use any Company or third-party trademarks.
20. Personal Health Information/HIPAA & Illinois Biometric Privacy Act Restrictions. You are prohibited from uploading to the Websites and Apps any User Content which is considered to be protected health information (PHI) under the Health Insurance Portability and Accountability Act of 1996 and subsequent amendments (HIPAA). Further, you are prohibited from uploading any User Content which is considered to be biometric information under the Illinois Biometric Privacy Act (BIPA). You are solely responsible for any violation of this provision. In addition to and without limiting any other indemnification rights under this Agreement, should any User Content violate HIPAA and/or BIPA, and a third-party claim be asserted against Company, You shall be obligated to indemnify and hold Company harmless as set forth above in Section 7 of this Agreement.
21. Termination. Company may terminate Your access to all or any part of the Websites and Mobile Apps at any time, with or without cause, with or without notice, effective immediately. If You wish to terminate this Agreement or Your account (if You have one), You may simply discontinue using the Websites and Mobile Apps. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
22. Your Representations and Warranties; User Content.
23. Compliance with Laws. You represent and warrant that Your use of the Websites and Mobile Apps complies with all applicable laws and regulations.
24. No Endorsement. In no event shall any reference to any third party or third party product or third party service be construed as an approval or endorsement by us of that third party or of any product or service provided by such third party.
25. Communication. You may opt-out of receiving any Company communications at any time by following the opt-out instructions in any such communication you have received and would like to opt-out of. You may also opt-out of receiving certain communications by managing your electronic communication preferences through your User Account (if applicable), or by contacting us at our Contact Information below.
26. Contact Information. Any feedback, comments, requests for technical support, and other communications relating to the Websites and Mobile Apps should be directed to: