Terms & Conditions
Effective Date: August 26, 2022
These Terms may change over time, in which case we will post the modified Terms on this page and change the “Effective Date”. Your use of the Site following a change to these Terms signals your acceptance of the modification(s).
1. Medical Disclaimer
The use of this Site does not create a physician-patient relationship.
If you are experiencing a medical emergency, you should not rely on any information on the Site and should seek appropriate emergency medical assistance, such as calling “911.” Statements made by any persons on this Site is not intended to substitute for discussion or evaluation with your healthcare professional or provide any guarantee as to outcomes. The information and content provided on or accessed through this Site are intended for general, noncommercial, informational purposes only, and do not constitute the practice of medicine or any other professional judgement, advice, diagnosis, or treatment, and should not be considered or used as a substitute for the independent professional judgement, advice, diagnosis, or treatment of a duly licensed and qualified healthcare provider.
2. Use of the Site
Content. The Site may contain: (i) materials and other items relating to Archive and its services including software, layout, information, databases, articles, posts, text, data, files, images, scripts, designs, graphics, instructions, illustrations, photographs, sounds, pictures, videos, advertising copy, URLs, technology, interactive features, and the “look and feel” of the Site; (ii) logos, service marks, trademarks, trade names, trade dress, and trade identities of various parties, including those of Archive; and (iii) other forms of intellectual property (all of the foregoing, collectively “Content”). All rights, title, and interest in and to the Site and the Content is the property of Archive, our licensors, or certain other third parties, and is protected by U.S. and international copyright, trademark, trade dress, patent, and/or other intellectual property and unfair competition rights and laws, to the fullest extent possible.
Limited License. Subject to your strict compliance with these Terms, Archive grants you a limited, non-exclusive, revocable, non-assignable, personal, and non-transferable license to download, display, view, and use the Site, and to retain one copy of the Content as it is displayed to you, in each case for your personal, non-commercial use only. The foregoing limited license (i) does not give you any ownership of, or any other intellectual property interest in, the Site or any Content; and (ii) may be immediately suspended or terminated for any reason, in Archive’s sole discretion, and without advance notice or liability. Your unauthorized use of the Site or Content may violate copyright, trademark, privacy, publicity, communications, and other laws, and any such use may result in your personal liability, including potential criminal liability.
Restrictions. Persons under the age of 18 are not permitted to use the Site. You agree to comply with all local, state, federal, and national laws, statutes, ordinances, regulations, directives, and agreements that apply to your use of the Site and Content. You further agree that you will not: (i) use the Site or Content for any political or commercial purpose; (ii) engage in any activity in connection with the Site or Content that is unlawful, harmful, offensive, obscene, violent, threatening, harassing, abusive, or otherwise objectionable to Archive; (iii) harvest any information from the Site or Content; (iv) infringe any intellectual property or other right of any third party; (v) reverse engineer or modify the Site or Content; (vi) interfere with the proper operation of the Site or its security features; (vii) use the Site or Content in a manner that suggests an unauthorized association with Archive or any other party, or is beyond the scope of the limited license granted to you; or (viii) otherwise violate these Terms.
Requests and Notifications. You agree to cooperate with all reasonable requests of Archive and to notify Archive promptly upon learning of any actual or suspected unauthorized use or abuse of the Site or Content, or if you breach these Terms.
Reservation of All Rights. All rights not expressly granted to you are reserved by Archive and its licensors and other third parties. No right or license may be construed, under any legal theory, by implication, estoppel, industry custom, or otherwise. Any unauthorized use of the Site or Content for any purpose is prohibited.
3. Access to the Site
Your use of the Site must be in accordance with any and all procedures, forms, formats, displays, and operating times which may be determined, specified, or modified by Archive in its discretion. You are responsible for all software, hardware, interconnections, fees, expenses, costs, and taxes for you to access or use the Site or to receive any communications from Archive.
The Site may be unavailable from time to time for any reason including, without limitation, routine maintenance. You understand and acknowledge that due to circumstances both within and outside of the control of Archive, access to the Site may be interrupted or suspended from time to time. Archive shall have the right at any time to change or discontinue any aspect or feature of the Site, including, but not limited to, Content, hours of availability, and equipment needed for access or use.
Archive may immediately suspend or terminate the availability of the Site, in whole or in part, to any individual user or all users, for any reason, in Archive’s sole discretion, and without advance notice or liability. Upon suspension or termination of your access to the Site, or upon notice from Archive, all rights granted to you under these Terms will cease immediately, and you agree that you will immediately discontinue use of the Site.
4. Site Content Accuracy
Archive will use reasonable efforts to include accurate and current information on the Site, but there may be occasions when information on the Site contains typographical errors, inaccuracies, or omissions that may relate to hours of availability and other matters. Archive reserves the right to correct any errors and to update Site information at any time.
5. Reliance on Information Posted
The information presented on or through the Site is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Site, or by anyone who may be informed of any of its contents.
This Site may include content provided by third parties, including materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by Archive, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of Archive. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
6. Warranty Disclaimer
THE SITE, ITS CONTENT, AND ITS LINKS AND COMMUNICATIONS ARE PROVIDED ON AN “AS IS” BASIS AND ARE USED AT YOUR SOLE RISK, TO THE FULLEST EXTENT PERMISSIBLE BY LAW. ARCHIVE DISCLAIMS ALL WARRANTIES, REPRESENTATIONS, AND CONDITIONS, EXPRESS OR IMPLIED, OF ANY KIND, REGARDING THE SITE (INCLUDING ITS CONTENT, HARDWARE, SOFTWARE, AND LINKS), INCLUDING ANY IMPLIED WARRANTIES AS TO FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, TITLE, NONINFRINGEMENT, RESULTS, ACCURACY, COMPLETENESS, ACCESSIBILITY, COMPATIBILITY, SECURITY, AND FREEDOM FROM MALWARE. IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE ABOVE IMPLIED WARRANTIES TO APPLY TO YOU, THE ABOVE EXCLUSIONS WILL APPLY TO YOU TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
7. Limitations on Liability and Remedies
TO THE FULLEST EXTENT PROVIDED BY LAW, ARCHIVE’S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO ANY DISPUTE WITH ARCHIVE (INCLUDING WITHOUT LIMITATION YOUR USE OF THE SITE OR RECEIPT OF ANY COMMUNICATIONS) IS TO DISCONTINUE YOUR USE OF THE SITE. ARCHIVE, ITS AFFILIATES, AND ITS VENDORS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGE ARISING FROM YOUR USE OF THE SITE, RECEIPT OF ANY COMMUNICATION, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SITE. THESE EXCLUSIONS FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES INCLUDE, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOST DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF ARCHIVE HAD BEEN ADVISED OF THE POSSIBILITY THEREOF AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY UPON WHICH THE CLAIM IS BASED. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, ARCHIVE, ITS AFFILIATES, AND ITS VENDORS’ LIABILITY IN SUCH STATE OR JURISDICTION SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. ARCHIVE DOES NOT ENDORSE, WARRANT, OR GUARANTEE ANY PRODUCT OR SERVICE OFFERED THROUGH A WEBSITE OR AS PART OF THIS SITE AND WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
8. Waiver of Injunctive or Other Equitable Relief
YOU AGREE THAT YOU WILL NOT BE PERMITTED TO OBTAIN AN INJUNCTION OR OTHER EQUITABLE RELIEF OF ANY KIND SUCH AS ANY COURT OR OTHER ACTION THAT MAY INTERFERE WITH OR PREVENT THE DEVELOPMENT OR EXPLOITATION OF ANY WEBSITE, APPLICATION, CONTENT, SUBMISSIONS, PRODUCT, SERVICE, OR INTELLECTUAL PROPERTY OWNED, LICENSED, USED, OR CONTROLLED BY ARCHIVE.
You agree to defend, indemnify, and hold harmless Archive from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys’ fees and costs) arising out of or in connection with any of the following: (i) your breach or alleged breach of these Terms; (ii) your use of the Site; (iii) your violation of any laws, rules, regulations, codes, statutes, ordinances, or orders of any governmental or quasi-governmental authorities; (iv) your violation of the rights of any third party including any intellectual property, publicity, confidentiality, property, or privacy right; or (v) any misrepresentation made by you. Archive reserves the right to assume, at your expense, the exclusive defense and control of any matter subject to indemnification by you. You agree to cooperate with Archive’s defense of any claim. You will not in any event settle any claim without the prior written consent of Archive.
10. Third-Party Sites and Other Information
The Site may contain, as a convenience to you, content, links, and other information submitted by third parties over whom Archive has no control or responsibility. Archive has no obligation to monitor, control, or restrict the use of the Site, or third-party websites or services accessible via links available as part of the Site. These other websites or services are not under Archive’s control, and you acknowledge that, whether or not such websites or services are affiliated in any way with Archive, Archive is not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such websites or services. The inclusion of such a link does not imply endorsement of any website or service by Archive or any association with its operators.
11. Electronic Communications
We may communicate with you electronically in regard to the Site, including by email, and we may collect information related to communications between you and Archive. You agree that all notices, disclosures, agreements, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You agree that any time you electronically transact, agree, or consent via the Site, your action is intended as an electronic signature which binds you as if you had signed on paper.
12. General Provisions
Severability; Interpretation; Assignment. If any provision of these Terms is for any reason deemed invalid, unlawful, void, or unenforceable, then that provision will be deemed severable from these Terms and the invalidity of the provision will not affect the validity or enforceability of the remainder of these Terms. The summaries of provisions and Section headings are provided for convenience only and shall not limit the full Terms. Archive may assign its rights and obligations under these Terms, in whole or in part, to any party at any time without any notice. These Terms may not be assigned by you, and you may not delegate your duties under them, without the prior written consent of an officer of Archive.
Complete Agreement; No Waiver. These Terms reflect our complete agreement regarding the Site and supersede any prior agreements, representations, warranties, assurances, or discussion related to the Site. Except as expressly set forth in these Terms, (i) no failure or delay by Archive in exercising any of the rights, powers, or remedies hereunder will operate as a waiver of that or any other right, power, or remedy, and (ii) no waiver or modification of any term of these Terms will be effective unless in writing and signed by Archive.
Governing Law; Venue. These Terms, your rights and the rights of Archive within these Terms shall be governed by and construed in accordance with the laws of Ohio without regard to choice of law principles. Any action arising out of or relating to these Terms shall be filed only in the state or federal courts located in Ohio and you hereby consent and submit to the exclusive personal jurisdiction and venue of such courts.
Investigations; Cooperation with Law Enforcement. Archive reserves the right to investigate and prosecute any suspected or actual violations of these Terms. Archive may disclose any information as necessary or appropriate to satisfy any law, regulation, legal process, or government request.
13. Contact Information
If you have any questions regarding these Terms or the Site, you may contact us by email at firstname.lastname@example.org