Last updated on August 13, 2007
This Terms of Service ("TOS") governs use of the Site by all users and visitors (whether registered or unregistered). Any user or visitor to the Site is referred to as a "user" or as "you." The "Site" includes the web site, services and features located at or available through www.first30days.com. The First Thirty Days, Inc., including its affiliates ("F30D") owns and operates the Site. You may visit the Site and browse without registration, however certain features of the Site require registration in order to participate, such as the community posting features or newsletter sign-up.
1. ACCEPTANCE OF TERMS
2. SITE CONTENT
The Site (including services available through the Site, such as our e-mail newsletters and tips) contains information, data, software, photos, web design, graphics, audio, video, text, images and other material, including the selection and arrangement thereof (collectively "Content") owned by F30D and/or its licensors. The Content is made available to you for your personal, non-commercial use and may be stored on a computer or printed only for such use. The Content is protected by copyright, trademark, and other proprietary rights and laws. Use, redistribution or modification of the Content in any manner other than as expressly permitted in this TOS is strictly prohibited. If you violate any of these terms, your permission to use the Content will automatically terminate and you must immediately destroy any copies you have of any portion of the Content. ALL INFORMATION CONTAINED ON THE SITE, INCLUDING INFORMATION RELATING TO MEDICAL AND HEALTH CONDITIONS, PRODUCTS AND TREATMENTS, IS FOR INFORMATIONAL PURPOSES ONLY, AND IS NOT MEDICAL ADVICE. See TOS Section 8 below entitled "No Medical or Health Advice Provided on the Site"for more details on this subject.
3. USER CONTENT
You are solely responsible for all Content of any type that you upload, post, email, transmit or otherwise make available ("Post") on or through the Site. Content Posted by any user to the Site is called "User Content." You may Post only User Content which you own, have created or which you have clear permission from the owner to Post. You acknowledge and agree that F30D does not endorse any User Content and is not responsible or liable for any User Content. You acknowledge that F30D does not pre-screen User Content, and has no obligation to do so, but that F30D and its designees will have the right (but not the obligation) in their sole discretion to refuse, edit, move or remove any User Content that is Posted on or through the Site. We reserve the right without prior notice to you to delete or change any User Content which violates this TOS.
You acknowledge that User Content is generally public (not private) communication and other users may read your User Content without your knowledge or consent. You should not have any expectation of privacy with respect to your User Content. By Posting User Content on the Site you grant F30D and its licensees the non-exclusive, worldwide, sub-licensable, perpetual, royalty free license and right to use, reproduce, modify, translate and distribute the User Content on the Site, in connection with promotion or for other purposes, and to incorporate the User Content into other works in any format or medium now known or later developed, without compensation or attribution of any kind.
4. YOUR CONDUCT ON THE SITE
You agree to use the Site, including your participation in any community boards, user pages or other features that permit communication, posting, creating User Content or interacting with others through the Site, solely for lawful purposes and in a manner that is proper and appropriate to the particular forum. Specifically but without limitation, you agree not to:
Any threat or suggestion to commit suicide or otherwise harm yourself or others will be reported to the proper authorities and the posting will be removed from the Community boards. If you are in need of someone to talk with, call the National Crisis/Suicide Hotline at 1-(800) 999-9999. If you are in immediate danger, call 911!
You agree not to access the Site by any means other than through the interface provided by us for use in accessing the Site. You understand that the robots.txt file is the only means by which robots are authorized to access the Site and you agree not to violate any of the robot access policies.
5. YOUR ACCOUNT OBLIGATIONS
You will receive a password and username after you have completed your registration form and provided the required account information. You agree to maintain the security of your account on the Site, including the confidentiality of your password and other account information, and you are fully responsible for all activities that occur under your password or account, including any charges resulting from unauthorized use of your account. You agree to immediately notify us of any unauthorized use of your password, username or account or any other breach of security and to promptly change your password.
You are responsible for obtaining any equipment and Internet service necessary to access the Site and for any costs of equipment and service you select.
6. THIRD PARTY SITES AND SERVICES
The Site may provide you with the opportunity to link to or otherwise use websites, products, services or content offered by third parties ("Third Party Services"). We have no control over the Third Party Services and are not responsible for nor will we have any liability for your use of any Third Party Services, including any loss or damage you may incur in connection with your use of the Third Party Services. F30D does not endorse the Third Party Services or any products, services or content offered thereon. Your use of the Third Party Services is subject to any terms of service or conditions of use associated with the Third-Party Services.
USE OF THE SITE IS AT YOUR SOLE RISK. ALL CONTENT AND SERVICES ON OR ACCESSIBLE FROM THE SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. F30D, TOGETHER WITH ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, THIRD-PARTY CONTENT PROVIDERS, MERCHANTS, SPONSORS AND LICENSORS (COLLECTIVELY, THE "F30D PARTIES"), PROVIDES THE SITE WITHOUT ANY WARRANTY, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE F30D PARTIES SPECIFICALLY DISCLAIMS THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. F30D DOES NOT WARRANT THAT THE SITE WILL OPERATE UNINTERRUPTED, ERROR FREE OR THAT THE SITE, ITS SERVER AND ANY CONTENT ARE FREE OF COMPUTER VIRUSES AND OTHER HARMFUL ELEMENTS. F30D MAKES NO WARRANTY REGARDING THE ACCURACY, TIMELINESS OR COMPLETENESS OF ANY CONTENT OR SERVICE ON THE SITE NOR THAT THE SITE, ANY CONTENT OR SERVICES WILL MEET YOUR REQUIREMENTS. YOU HEREBY ACKNOWLEDGE THAT F30D PROVIDES NO ASSURANCES OF UPTIME FOR THE SITE AND YOU UNDERSTAND THAT THE SITE MAY PERIODICALLY BECOME UNAVAILABLE DUE TO MAINTENANCE OR MALFUNCTION OF COMPUTER EQUIPMENT OR FOR OTHER REASONS.
8. NO MEDICAL OR HEALTH ADVICE PROVIDED BY THE SITE
Content on the Site is provided for informational purposes only and is not intended as a substitute for the advice provided by your physician or other healthcare professional or any information contained on or in any product label or packaging. You should not use the Site for diagnosing or treating a health problem or disease, or prescribing any medication or other treatment. You should always speak with your physician or other healthcare professional before taking any medication or nutritional, herbal or homeopathic supplement, or adopting any treatment for a health problem. You should always consult your physician and medical advisors before acting on any Content found on the Site and/or before purchasing or using any products or services discussed on the Site. If you have or suspect that you have a medical problem, promptly contact your health care provider. Never disregard professional medical advice or delay in seeking professional advice because of something you have read on the Site. Content provided on the Site DOES NOT create a doctor-patient relationship between you and any of the physicians or other health care providers affiliated with or Posting Content on the Site. Content regarding dietary supplements have not been evaluated by the Food and Drug Administration and are not intended to diagnose, treat, cure or prevent any disease.
9. LIMITATION OF LIABILITY
IN NO EVENT SHALL WE OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DISTRIBUTING THE SITE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR LOSS OF PROFITS, GOOD WILL, USE, DATA OR OTHER LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) THAT RESULT FROM (I) ANY DELAY, FAILURE, INTERRUPTION OR CORRUPTION OF THE SITE OR ANY DATA OR INFORMATION TRANSMITTED IN CONNECTION WITH THE USE OF THE SITE. (II) PERSONAL INJURY OR DEATH CAUSED BY YOUR USE OR MISUSE OF THE SITE, (III) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM YOUR USE OF OR IN ABILITY TO USE ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO, THROUGH OR FROM THE SITE, (IV) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, (V) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE, OR (VI) ANY OTHER MATTER RELATING TO THE SITE. YOU HEREBY ACKNOWLEDGE THAT THIS PARAGRAPH SHALL APPLY TO ALL CONTENT, PRODUCTS AND SERVICES AVAILABLE THROUGH THE SITE.
NOTWITHSTANDING THE ABOVE, OUR SOLE LIABILITY FOR ANY REASON TO YOU, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE OR CLAIM WHATSOEVER, SHALL BE LIMITED TO $25.00.
BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES, LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
You agree to indemnify and hold harmless the F30D Parties from and against all claims, actions, demands, judgments, losses and liabilities (including, without limitation, costs, expenses and attorneys' fees) by you or any third-party resulting or arising, directly or indirectly, out of your use of the Site, including without limitation, alleged violation of this TOS by you or any user of your account (whether or not authorized), or alleged violation of any rights of another person.
12. SITE NOT DIRECTED TO CHILDREN
The Site is not directed to children under the age of 13 and children under the age of 13 should not use or register for the Site. The Site is available to people at least 13 years of age, but if you are between 13 and 18 years of age, you agree that you have received parental permission to register for the Site. F30D will not knowingly collect personally identifiable information on or through the Site from anyone under 13. Please be aware that certain areas on the Site may contain mature content and you may be exposed to Content on the Site that you find upsetting, indecent or objectionable. By using the Site you assume all risk associated with its use. We encourage parents to supervise their children's use of the Site (which should be permitted by parents only for those 13 and older) and maintain open communication regarding appropriate materials for use and viewing by their children.
This TOS is effective until terminated by either you or by us. If you no longer agree to be bound by this TOS, you must immediately stop use of the Site. You acknowledge that any violation of this TOS or other applicable policies may result in termination of your access to the Site, deactivation or deletion of your account and all related information and files in your account, and preclusion of any further access to such files or the Site.
In addition, subject to applicable law, we reserve the right to suspend or deny, in our sole discretion, your access to all or any portion of the Site with or without notice. You acknowledge and agree that we may immediately deactivate or delete your account and all related information and files in your account and bar any further access to such files or the Site. You also agree that we will not be liable to you or any third-party for any termination of your access to the Site.
14. CHANGES; DISCONTINUATION
15.COPYRIGHT AND TRADEMARKS
The Site uses certain trademarks, service marks and logos owned by F30D, including without limitation, "first30days," "first30days.com", as well as certain page headers, custom graphics and icons. All other trademarks, product names and company names and logos appearing on the Site are the property of their respective owners.
16. COPYRIGHT AGENT
copied and is accessible on the Site in a manner not authorized by you and that constitutes copyright infringement or a violation of your other intellectual property rights, please provide F30D’s Copyright Agent with a written notice that includes the following information:
Our agent for notice of claims of copyright infringement on the Site can be reached as follows:
California Privacy Rights
Users of the Site who are residents of California may request certain information regarding our disclosure, if any, of Personal Information to third parties for purposes of their direct marketing. If you want to make this request, you may contact us at: The First Thirty Days, Inc., P.O. Box 115, Village Station, New York, NY 10014 or at email@example.com.
Our agent for notice of claims of copyright infringement on the Site can be reached as follows:
The First Thirty Days, Inc.
P.O. Box 115
New York, NY 10014