Effective Date: July, 2016
Welcome to the symptofind.com website (“Site”) operated by IAC Publishing, LLC (“IACP,” “we,” “us” or our”). By using the Site and Services, you are deemed to accept and be bound by these Terms of of Use (“TOU”), INCLUDING A MANDATORY ARBITRATION OF DISPUTES CLAUSE AND CLASS ACTION WAIVER CONTAINED BELOW. If you do not accept these Terms of Service, please discontinue using the Site and Services. Your use of the Site or a service included within the Site may also be subject to additional terms that govern particular services, offers, or features, such as community or chat areas or special promotions or contests or sweepstakes (the “Additional Terms”). In the event that any of the provisions in these Terms of Service conflict with Additional Terms provided with any particular service, then these Terms of Service shall control. The Terms of Service applies regardless of the device used to access the Site and/or Services (e.g., personal computer, a mobile device or any other technology or software known today or developed in the future).
IACP reserves the right to post changes to the TOU on this website at any time, and by your continuing to use the website thereafter, you agree to be bound by the new version of the TOU. If any TOU changes are not acceptable, you must stop your use of this website.
We do not guarantee that access to or use of this website or any services will be uninterrupted or error free, and IACP shall not be liable for any feature not being accessible or for any unavailability of its website and services. The website and its features may be expanded, limited or modified at any time by IACP to meet the needs of its Users, or for technical or other reasons, without advance notice or reason. We may also in our sole discretion, and at any time, discontinue providing, temporarily or permanently, any or all of the website, without notice. To access some of the content or features of the website or its services, Users may need to enhance or update the hardware or software in their computer systems. IACP assumes no responsibility for any failure to access the website or any services, partially or fully, whether due to the User's system, the Internet network or any other cause.
If you are under 18 you may only use this site with the active involvement of a parent, guardian or other supervising adult. The Site and Services are not intended for children under 13 years of age, and you may not use the Site or Services or register for the Community feature or create a user profile, if applicable, if you are under 13. You hereby represent and warrant that you are at least 13 years of age.
This website does not provide individual, customized, or other legal, tax, medical or investment services. Since each individual's situation is unique, a qualified professional should be consulted before making decisions. Moreover, this Site and Services include links to other websites or resources. Because IACP has no control over such sites and resources, you acknowledge and agree that IACP is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You acknowledge that such external sites usually have their own terms and conditions, including privacy policies, over which IACP has no control and which will govern your rights and obligations with respect to the use of those websites.
We make no guarantees as to the accuracy, thoroughness or quality of the information on this website, which is provided only on an “AS-IS” and “AS AVAILABLE” basis at User’s sole risk. This information may be provided by third parties and IACP shall not be responsible or liable for any errors, omissions or inaccuracies in the website content. The information and strategies provided at this site are neither comprehensive nor appropriate for every individual. Some of the information is relevant only in certain territories and may not be relevant to or compliant with the laws, regulations or other legal requirements of other countries. It is your responsibility to determine whether, how and to what extent your intended use of the information and services will be technically and legally possible in the areas of the world where you intend to use them. You are advised to verify any information before using it for any personal, financial, business, or other purpose. In addition, the opinions and views expressed in any article on this website are solely those of the author(s) of the article and do not reflect the opinions of IACP, its parent company, its affiliated companies, or its management. The website content and services may be modified at any time by us, without advance notice or reason, and IACP shall have no obligation to notify you of any corrections or changes to any website content.
To offer use of the Site and Services to its users for free, IACP allows advertisers to display advertisements or promotional answers on the Site. Your dealings with advertisers and third party vendors found on or through the Services and/or on the Site, including your participation in promotions, purchase of goods and services, and any terms, conditions, warranties or representations associated with such activities, are solely between you and the third party advertiser or vendor. IACP does not make any representations or warranties with respect to any goods, services or websites that appear in advertisements or promotional answers, and you agree that IACP will have no liability for any loss or damage of any kind incurred as a result of any activities you undertake in connection with the use of or reliance on any content, goods, services, information or other materials available, through advertisers and/or third party vendors. You understand that there is an inherent risk in submitting content to the Site and/or Services, and that any communications may be subject to interception by a third party.
You acknowledge that IACP is a provider of interactive computing service as set forth in the Communications Decency Act, 47 U.S.C. § 230, and expressly reserves its rights to not be treated as the publisher or speaker of any information provided by another information content provider of the Site.
All right, title and interest to the content displayed on the Site, including but not limited to the Site’s look and feel, data, information, text,
graphics, images, sound or video materials, photographs, designs, trademarks, service marks, trade names, URLs and content provided by third parties, are
the property of IACP, or respective third parties, and are protected by copyright, trademark, patent or other proprietary rights and laws. Any such content
may be used solely for your personal, non-commercial use. You agree not to modify, reproduce, retransmit, distribute, disseminate, sell, publish, broadcast
or circulate any such material without the written permission of IACP or the appropriate affiliate. You are not granted any other license or right
(including by implication, by estoppel or otherwise), with respect to the Site, Services, or any content accessible through the Site or Services. Any
rights not expressly granted in these Terms of Service are reserved by IACP.
In your use of the Site and Services, you agree to comply with all applicable laws including those regarding the transmission of technical data exported from the United States or the country in which you reside.
Any testimonials, opinions, advice, product or service offers, or other information or content made available on or through this website by third parties (“Third Party Content”) is solely that of the respective providers and IACP does not guarantee the accuracy, completeness, reliability or usefulness of Third Party Content. It is the responsibility of the User to evaluate Third Party Content and IACP shall not be liable for any damage or loss caused by Users’ reliance on or other use of Third Party Content.
By posting, sending, or submitting any material, communication, and the like, you will be (a) granting IACP a world-wide fully paid-up non-exclusive license to allow your materials, communications, and the like to be edited and displayed by IACP on its website and elsewhere, and accessed by Users, for the purposes and on the terms in these TOU, (b) agreeing to indemnify and hold harmless IACP and its Users from any claim or demand made by any third party due to or arising out of your materials, communication, and the like, and (c) representing that you own or otherwise have the right to post the materials, communication, and the like, that the materials, communication, and the like are accurate, that use of the materials, communication, and the like on the IACP website does not violate any laws, rules, or regulations, and that the materials, communication, and the like will not cause injury to any person. IACP shall have the right to use your name in connection with your posted materials, communication, and the like.
IACP does not guarantee that files available for downloading through its website will be free of infection or viruses or other code that may have contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for integrity, security and accuracy of data input and output, and for maintaining a means external to the site for the reconstruction of any lost data.
Though we seek to partner with quality companies, we are not responsible for the claims or representations made by advertisers, sponsors, and the like. IACP does not necessarily endorse or recommend the products or services of any company mentioned on our site. We will not be liable in any way for damages of any kind resulting out of the misuse of any personal information or data submitted by you to an advertiser or sponsor.
As a convenience to Users, the IACP website and services may provide links to other sites or resources. Because we do not review or have no control over such sites and resources, IACP shall not be responsible or liable for use of or reliance on any content, products, services or information at such sites or resources. Inclusion of any links does not imply any endorsement, affiliation, approval, association or sponsorship by IACP of the linked websites, resources, their operators or owners. When you select a link, you may be leaving our website. The information available on third parties’ websites may have certain restrictions on its use or distribution which differ from these TOU.
Some areas of the IACP site ("Password Protected Areas") may be password protected and available only to Users who are registered with IACP to have an account. Registration may require Users to fully complete the account registration process. IACP reserves the right to deny or revoke registration or access to Password Protected Areas for any User. IACP takes reasonable measures to ensure the security of the Password Protected Areas, if any but cannot guarantee the absolute security of information or communications in such Password Protected Areas. Users are responsible for maintaining the security of the password they receive from IACP, if any and must notify us if they believe that the security of their password or account, if any has been breached or subject to unauthorized use. IACP will not be liable for any loss or liability incurred as a result of an unauthorized person using a User's password, if any.
The following activities are strictly prohibited:
When you visit our website or send us email, our responses to your communications may be by e-mail. IACL will have the right to disclose any email sent by a User, or any objectionable material, to comply with legal process or to protect the rights or property of IACP, its customers, suppliers, third parties, and Users.
Although IACP offers services in many parts of the world, certain IACP services may not be available in or suitable for certain countries or locales. We reserve the right to discontinue or to make changes to, any of our services at any time without advance notice.
IACP reserves the right at any time and from time to time to modify, suspend, discontinue or terminate the Services (or any part thereof) with or without notice. You agree that IACP will not be liable to you or to any third party for any modification, suspension, discontinuation or termination of the Services.
THE SITE AND SERVICES ARE PROVIDED FOR INFORMATIONAL PURPOSES ONLY. NO CONTENT ON OUR SITE IS INTENDED TO CONSTITUTE PROFESSIONAL ADVICE, WHETHER MEDICAL, FINANCIAL, LEGAL OR OTHERWISE. IACP IS NOT RESPONSIBLE OR LIABLE FOR ANY CONSEQUENCES RELATING DIRECTLY OR INDIRECTLY TO ANY ACTION YOU TAKE OR FAIL TO TAKE BASED ON THE INFORMATION, SERVICES OR OTHER MATERIAL ON THE SITE. YOUR USE OF THE SITE AND SERVICES IS AT YOUR SOLE RISK. THE SITE AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. IACP EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR IACP’S PARTICULAR PURPOSE AND NON- INFRINGEMENT WITH RESPECT TO THE USE OF THIS WEBSITE AND ITS SERVICES, OR THE ACCURACY, COMPLETENESS, TIMELINESS OR CURRENTNESS OF ITS CONTENT, IN ANY WAY AND FOR ANY PURPOSE. IACP MAKES NO REPRESENTATION OR WARRANTY THAT THE SITE OR SERVICES WILL MEET YOUR REQUIREMENTS, OR WILL BE UNINTERRUPTED, SECURE, CURRENT OR ERROR-FREE, OR THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE AND SERVICES WILL BE ACCURATE, TIMELY, USEFUL OR RELIABLE. ANY MATERIAL OBTAINED BY YOU THROUGH USE OF THE SITE OR SERVICES IS OBTAINED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO COMPUTER SYSTEMS OR LOSS OF DATA THAT RESULTS FROM YOUR DOWNLOAD OR USE OF ANY THIRD PARTY SOFTWARE OR MATERIAL
YOU UNDERSTAND AND AGREE THAT IACP, ITS SUBSIDIARIES, AND AFFILIATES, AND THEIR OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS, ARE NOT LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, ANY LOSS OF USE, LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL, COST OF PROCUREMENT OF SUBSTITUTE SERVICES, OR ANY OTHER INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, HOWSOEVER CAUSED, AND ON ANY THEORY OF LIABILITY, WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), OR OTHERWISE RESULTING FROM:
THESE LIMITATIONS WILL APPLY WHETHER OR NOT IACP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF WARRANTIES, OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH JURISDICTIONS IACP'S LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
You agree to indemnify and hold IACP, its subsidiaries, and affiliates, and their officers, directors, employees and agents, harmless from and against any and all liability, losses, claims, demands, disputes, damages or costs of any kind, including, without limitation, reasonable attorneys’ fees and costs of litigation, resulting from or in any way connected with (a) any content you post to the Site or otherwise display or transmit through the Services, (b) your use of or reliance on the Site or Services, (c) your connection to the Site or Services, (d) your violation of these Terms of Service or the Community Guidelines, or (e) your violation of any rights of another party.
All contents of this Website are: Copyright (c) 2016 IAC Publishing, LLC All rights reserved. The logos, marks, product and service names that appear throughout the Site (the “IACP Marks) belong to IACP and are protected by U.S. and international trademark laws. You agree not to display or use the IACP Marks in any manner without IACP’s prior written permission. To seek permission to use any of the IACP Marks, please contact IACP in writing at the following address:
IAC Publishing, LLC
Attention: Legal Department
555 12th Street, Suite 400
Oakland, CA 94607
IACP respects the intellectual property rights of others and requires those that visit the Site and use the Services to do the same. IACP may, in appropriate circumstances and at our discretion, remove or disable access to material on the Site or Services that infringes upon the copyright rights of others. IACP also may, at our discretion, remove or disable links or references to an online location that contains infringing material or infringing activity. In the event that any visitors to the Site or users of our Services repeatedly infringe on others’ copyrights, IACP may in its sole discretion terminate those individuals’ rights to use the Site and/or Services pursuant to our Digital Millennium Copyright Act repeat infringer policy.
If you believe that your work has been used on IACP’s Site or in connection with its Service in any manner that constitutes copyright infringement, please notify IACP’s copyright agent by written notice. The notice should include the following information:
The contact information for IACP’s copyright agent for notice of claims of copyright infringement on the Site and/or in connection with the Services is:
Mail: Symptonfind.com Copyright Agent, Attn: Legal Department, 555 12th Street, Suite 400
Oakland, CA 94607
PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY HEAR YOUR CLAIMS
ARBITRATION IS DIFFERENT FROM COURT; THE RULES, INCLUDING DISCOVERY ARE DIFFERENT AND NO JUDGE OR JURY IS PRESENT AT AN ARBITRATION. THE AWARD IS FINAL AND BINDING AND SUBJECT ONLY TO LIMITED REVIEW BY A COURT.
These TOU, and any applicable TOS, constitute the entire agreement between each User and IACP governing the User's access to and use of the website and its services, and supersede all prior agreements regarding its subject matter. The TOU shall be governed by the laws of California without giving effect to any principles of conflicts of laws. Each User hereby agrees to the jurisdiction of the courts of San Francisco, California. The failure by IACP to exercise any right or to enforce any provision of the TOU shall not constitute a waiver of such right or provision. If any provision of the TOU is found by a court of competent jurisdiction to be invalid or unenforceable, the court shall give effect to the intentions reflected in the provision to the degree possible, and the other provisions of the TOU will remain in full force and effect. You agree that, except for IACP and as otherwise expressly provided in these Terms of Service, there shall be no third party beneficiaries to this agreement. The section titles in this Terms of Service are for convenience only and have no legal or contractual effect. It is the express will of IACP and each User that the TOU and any applicable TOS have been prepared in English.
IAC Publishing, LLC
555 12th Street, Suite 400
Oakland, CA 94607