Ownership of Sweet Twynes Website: Agreement to Terms and Conditions
Introduction
These Terms and Conditions of Use (the “Terms of Use”) apply to the Sweet Twynes also referred to as, Sweet Twynes Website located at sweettwynes (dot) com, and all associated Sweet Twynes Websites linked to sweettwynes (dot) com by Sweet Twynes, its subsidiaries and affiliates, including Sweet Twynes Sweet Twynes Websites displayed around the world (collectively, the “Sweet Twynes Websites”). The Sweet Twynes Website is the property of Sweet Twynes (“Sweet Twynes”) and its licensors.
License to use website
Unless otherwise stated, Sweet Twynes (herein known as Sweet Twynes) and/or its licensors own the intellectual property rights in the website and material on the website, furturephysiciansofamerica (dot) com. Subject to the license below, all these intellectual property rights are reserved.
BY USING THE Sweet Twynes WEBSITE, YOU AGREE TO THESE (“TERMS OF USE”); IF YOU DO NOT AGREE, DO NOT USE THE Sweet Twynes WEBSITE.
Sweet Twynes reserves the right, at its sole discretion, to change, modify, add or remove portions of these (“Terms of Use”), at any time. It is your responsibility to check these (“Terms of Use”) periodically for changes. Your continued use of the Sweet Twynes Website following the posting of changes will mean that you accept and agree to the changes. As long as you comply with these (“Terms of Use”), Sweet Twynes grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Sweet Twynes Website.
Content
All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (collectively, “Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such Content, contained on the Sweet Twynes Website is owned, controlled or licensed by or to Sweet Twynes, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.
Except as expressly provided in these (“Terms of Use”), no part of the Sweet Twynes Website and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including “mirroring”) to any other computer, server, Sweet Twynes Website or other medium for publication or distribution or for any commercial enterprise, without Sweet Twynes’s express prior written consent.
You may use information on Sweet Twynes products and services (such as data sheets, knowledge base articles, and similar materials) purposely made available by Sweet Twynes for downloading from the Sweet Twynes Website, provided that you (1) not remove any proprietary notice language in all copies of such documents, (2) use such information only for your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media, (3) make no modifications to any such information, and (4) not make any additional representations or warranties relating to such documents.
Your Use Of The Sweet Twynes (dot) Com Website
You may not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Sweet Twynes Website or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Sweet Twynes Website or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Sweet Twynes Website. Sweet Twynes reserves the right to bar any such activity.
You may not attempt to gain unauthorized access to any portion or feature of the Sweet Twynes Website, or any other systems or networks connected to the Sweet Twynes Website or to any Sweet Twynes server, or to any of the services offered on or through the Sweet Twynes Website, by hacking, password “mining” or any other illegitimate means.
You may not probe, scan or test the vulnerability of the Sweet Twynes Website or any network connected to the Sweet Twynes Website, nor breach the security or authentication measures on the Sweet Twynes Website or any network connected to the Sweet Twynes Website. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Sweet Twynes Website, or any other customer of Sweet Twynes, including any Sweet Twynes account not owned by you, to its source, or exploit the Sweet Twynes Website or any service or information made available or offered by or through the Sweet Twynes Website, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Sweet Twynes Website.
You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Sweet Twynes Website or Sweet Twynes’s systems or networks, or any systems or networks connected to the Sweet Twynes Website or to Sweet Twynes.
You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Sweet Twynes Website or any transaction being conducted on the Sweet Twynes Website, or with any other person’s use of the Sweet Twynes Website.
You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to Sweet Twynes on or through the Sweet Twynes Website or any service offered on or through the Sweet Twynes Website. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.
You may not use the Sweet Twynes Website or any Content for any purpose that is unlawful or prohibited by these (“Terms of Use”), or to solicit the performance of any illegal activity or other activity that infringes the rights of Sweet Twynes or others.
Purchases: Other Terms And Conditions
Additional terms and conditions may apply to purchases of donations, goods or services and to specific portions or features of the Sweet Twynes Website, including contests, promotions or other similar features, all of which terms are made a part of these (“Terms of Use”) by this reference. You agree to abide by such other terms and conditions, including where applicable representing that you are of sufficient legal age to use or participate in such service or feature. If there is a conflict between these (“Terms of Use”) and the terms posted for or applicable to a specific portion of the Sweet Twynes Website or for any service offered on or through the Sweet Twynes Website, the latter terms shall control with respect to your use of that portion of the Sweet Twynes Website or the specific service.
Sweet Twynes’s obligations, if any, with regard to its products and services are governed solely by the agreements pursuant to which they are provided, and nothing on this Sweet Twynes Website should be construed to alter such agreements.
Sweet Twynes may make changes to any products or services offered on the Sweet Twynes Website, or to the applicable prices for any such products or services, at any time, without notice. The materials on the Sweet Twynes Website with respect to products and services may be out of date, and Sweet Twynes makes no commitment to update the materials on the Sweet Twynes Website with respect to such products and services.
The following terms also govern and apply to your use of the Sweet Twynes Website, and they are incorporated herein by this reference:
Terms of Service
Copyright and Trademark Information
Privacy Policy
Each of these policies may be changed from time to time and are effective immediately upon posting such changes on the Sweet Twynes Website.
Accounts, Passwords And Security
Certain features or services offered on or through the Sweet Twynes Website may require you to open an account (including setting up an Sweet Twynes ID and password). You are entirely responsible for maintaining the confidentiality of your account information, including your password, and for any and all activity that occurs under your account. You agree to notify Sweet Twynes immediately of any unauthorized use of your account or password, or any other breach of security. However, you may be held liable for losses incurred by Sweet Twynes or any other user of or visitor to the Sweet Twynes Website due to someone else using your Sweet Twynes ID, password or account.
You may not use anyone else’s Sweet Twynes ID, password or account at any time without the express permission and consent of the holder of that Sweet Twynes ID, password or account. Sweet Twynes cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.
Privacy
Sweet Twynes’s Privacy Policy applies to use of this Sweet Twynes Website, and its terms are made a part of these (“Terms of Use”) by this reference. To view Sweet Twynes’s Privacy Policy, click here. Additionally, by using the Sweet Twynes Website, you acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information you send to the Sweet Twynes Website may be read or intercepted by others, even if there is a special notice that a particular transmission (for example, credit card information) is encrypted.
Links To Other Websites And To The Sweet Twynes Website
This Sweet Twynes Website may contain links to other independent third-party Sweet Twynes Websites (“Linked Sweet Twynes Websites”). These Linked Sweet Twynes Websites are provided solely as a convenience to our visitors. Such Linked Sweet Twynes Websites are not under Sweet Twynes’s control, and Sweet Twynes is not responsible for and does not endorse the content of such Linked Sweet Twynes Websites, including any information or materials contained on such Linked Sweet Twynes Websites. You will need to make your own independent judgment regarding your interaction with these Linked Sweet Twynes Websites.
Disclaimers
Sweet Twynes DOES NOT PROMISE THAT THE Sweet Twynes WEBSITE OR ANY CONTENT, SERVICE OR FEATURE OF THE Sweet Twynes WEBSITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE Sweet Twynes WEBSITE WILL PROVIDE SPECIFIC RESULTS. THE Sweet Twynes WEBSITE AND ITS CONTENT ARE DELIVERED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. ALL INFORMATION PROVIDED ON THE Sweet Twynes WEBSITE IS SUBJECT TO CHANGE WITHOUT NOTICE. Sweet Twynes CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE Sweet Twynes WEBSITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. Sweet Twynes DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Sweet Twynes DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE Sweet Twynes WEBSITE AND/OR ANY Sweet Twynes SERVICES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE Sweet Twynes WEBSITE AND ANY LINKED Sweet Twynes WEBSITES. YOUR SOLE REMEDY AGAINST Sweet Twynes FOR DISSATISFACTION WITH THE Sweet Twynes WEBSITE OR ANY CONTENT IS TO STOP USING THE Sweet Twynes WEBSITE OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.
The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.
Sweet Twynes reserves the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the Sweet Twynes Website, or any portion of the Sweet Twynes Website, for any reason; (2) to modify or change the Sweet Twynes Website, or any portion of the Sweet Twynes Website, and any applicable policies or terms; and (3) to interrupt the operation of the Sweet Twynes Website, or any portion of the Sweet Twynes Website, as necessary to perform routine or non-routine maintenance, error correction, or other changes.
Limitation Of Liability
Except where prohibited by law, in no event will Sweet Twynes be liable to you for any indirect, consequential, exemplary, incidental or punitive damages, including lost profits, even if Sweet Twynes has been advised of the possibility of such damages.
If, notwithstanding the other provisions of these (“Terms of Use”), Sweet Twynes is found to be liable to you for any damage or loss which arises out of or is in any way connected with your use of the Sweet Twynes Website or any Content, Sweet Twynes’s liability shall in no event exceed the greater of (1) the total of any subscription or similar fees with respect to any service or feature of or on the Sweet Twynes Website paid in the six months prior to the date of the initial claim made against Sweet Twynes (but not including the purchase price for any Sweet Twynes software products or service), or (2) US$100.00. Some jurisdictions do not allow limitations of liability, so the foregoing limitation may not apply to you.
Indemnity
You agree to indemnify and hold Sweet Twynes, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, (where applicable) harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against Sweet Twynes by any third party due to or arising out of or in connection with your use of the Sweet Twynes Website.
Violation Of These (“Terms Of Use”)
Sweet Twynes may disclose any information we have about you (including your identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the Sweet Twynes Website, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) Sweet Twynes’s rights or property, or the rights or property of visitors to or users of the Sweet Twynes Website, including Sweet Twynes’s customers. Sweet Twynes reserves the right at all times to disclose any information that Sweet Twynes deems necessary to comply with any applicable law, regulation, legal process or governmental request. Sweet Twynes also may disclose your information when Sweet Twynes determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.
You acknowledge and agree that Sweet Twynes may preserve any transmittal or communication by you with Sweet Twynes through the Sweet Twynes Website or any service offered on or through the Sweet Twynes Website, and may also disclose such data if required to do so by law or Sweet Twynes determines that such preservation or disclosure is reasonably necessary to (1) comply with legal process, (2) enforce these (“Terms of Use”), (3) respond to claims that any such data violates the rights of others, or (4) protect the rights, property or personal safety of Sweet Twynes, its employees, users of or visitors to the Sweet Twynes Website, and the public.
You agree that Sweet Twynes may, in its sole discretion and without prior notice, terminate your access to the Sweet Twynes Website and/or block your future access to the Sweet Twynes Website if we determine that you have violated these (“Terms of Use”) or other agreements or guidelines which may be associated with your use of the Sweet Twynes Website. You also agree that any violation by you of these (“Terms of Use”) will constitute an unlawful and unfair business practice, and will cause irreparable harm to Sweet Twynes, for which monetary damages would be inadequate, and you consent to Sweet Twynes obtaining any injunctive or equitable relief that Sweet Twynes deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies Sweet Twynes may have at law or in equity.
You agree that Sweet Twynes may, in its sole discretion and without prior notice, terminate your access to the Sweet Twynes Website, for cause, which includes (but is not limited to) (1) requests by law enforcement or other government agencies, (2) a request by you (self-initiated account deletions), (3) discontinuance or material modification of the Sweet Twynes Website or any service offered on or through the Sweet Twynes Website, or (4) unexpected technical issues or problems.
If Sweet Twynes does take any legal action against you as a result of your violation of these (“Terms of Use”), Sweet Twynes will be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to Sweet Twynes. You agree that Sweet Twynes will not be liable to you or to any third party for termination of your access to the Sweet Twynes Website as a result of any violation of these (“Terms of Use”).
Governing Law And Dispute Resolution
You agree that all matters relating to your access to or use of the Sweet Twynes Website, including all disputes, will be governed by the laws of the United States and by the laws of the State of Michigan without regard to its conflicts of laws provisions. You agree to the personal jurisdiction by and venue in the state and federal courts in Ingham County, Michigan, and waive any objection to such jurisdiction or venue. Any claim under these (“Terms of Use”) must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred. No recovery may be sought or received for damages other than out-of-pocket expenses, except that the prevailing party will be entitled to costs and attorneys’ fees. In the event of any controversy or dispute between Sweet Twynes and you arising out of or in connection with your use of the Sweet Twynes Website, the parties shall attempt, promptly and in good faith, to resolve any such dispute. If we are unable to resolve any such dispute within a reasonable time (not to exceed thirty (30) days), then either party may submit such controversy or dispute to mediation. If the dispute cannot be resolved through mediation, then the parties shall be free to pursue any right or remedy available to them under applicable law.
Void Where Prohibited
Sweet Twynes administers and operates the sweettwynes.com Sweet Twynes Website from its location in East Lansing, Michigan USA; Sweet Twynes Websites are visible from various locations outside the United States. Although the Sweet Twynes Website is accessible worldwide, not all features, products or services discussed, referenced, provided or offered through or on the Sweet Twynes Website are available to all persons or in all geographic locations, or appropriate or available for use outside the United States. Sweet Twynes reserves the right to limit, in its sole discretion, the provision and quantity of any feature, product or service to any person or geographic area. Any offer for any feature, product or service made on the Sweet Twynes Website is void where prohibited. If you choose to access the Sweet Twynes Website from outside the United States, you do so on your own initiative and you are solely responsible for complying with applicable local laws.
Miscellaneous
You may not use or export or re-export any Content or any copy or adaptation of such Content, or any product or service offered on the Sweet Twynes Website, in violation of any applicable laws or regulations, including without limitation United States export laws and regulations.
If any of the provisions of these (“Terms of Use”) are held by a court or other tribunal of competent jurisdiction to be void or unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these (“Terms of Use”), so that these (“Terms of Use”) shall remain in full force and effect. These (“Terms of Use”) constitute the entire agreement between you and Sweet Twynes with regard to your use of the Sweet Twynes Website, and any and all other written or oral agreements or understandings previously existing between you and Sweet Twynes with respect to such use are hereby superseded and cancelled. Sweet Twynes will not accept any counter-offers to these (“Terms of Use”), and all such offers are hereby categorically rejected. Sweet Twynes’s failure to insist on or enforce strict performance of these (“Terms of Use”) shall not be construed as a waiver by Sweet Twynes of any provision or any right it has to enforce these (“Terms of Use”), nor shall any course of conduct between Sweet Twynes and you or any other party be deemed to modify any provision of these (“Terms of Use”). These (“Terms of Use”) shall not be interpreted or construed to confer any rights or remedies on any third parties.
Sweet Twynes provides access to Sweet Twynes international data and, therefore, may contain references or cross references to Sweet Twynes products, programs and services that are not announced in your country. Such reference does not imply that Sweet Twynes in your country intends to announce such products, programs or services.
Feedback And Information
Any feedback you provide at this Sweet Twynes Website shall be deemed to be non-confidential. Sweet Twynes shall be free to use such information on an unrestricted basis. If you have questions, feedback, or complaints, please fill out the contact form located on the Sweet Twynes (dot) com website and make this reference in the subject line: Customer Care.
The information contained in Sweet Twynes (dot) com website is subject to change without notice.
Copyright © 2015 Sweet Twynes. All rights reserved.