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Terms of Service
We, the Operators of the lastingsides.org website (“lastingsides.org Site”, the “Site” or the “Website”), provide it as a public service to our users.
The Operators reserve the right to update or modify these Terms of Service at any time without prior notice to User. Your use of this Site following any such change constitutes your unconditional agreement to follow and be bound by these Terms of Service as changed. For this reason, we encourage you to review these Terms of Service whenever you use this Site.
Permitted and Prohibited Uses
You may use this Site for the sole purpose of sharing and exchanging ideas with other Users. You may not use this Site to violate any applicable local, state, national, or international law.
You may not upload or transmit any material that infringes or misappropriates any person’s copyright, patent, trademark, or trade secret, or disclose via the this Site any information the disclosure of which would constitute a violation of any confidentiality obligations you may have, personal rights of other persons or any laws.
You may not upload any viruses, worms, Trojan horses, or other forms of harmful computer code, nor subject this Site’s network or servers to unreasonable traffic loads, or otherwise engage in conduct deemed disruptive to the ordinary operation of this Site.
You are strictly prohibited from communicating on or through this Site any unlawful, harmful, offensive, threatening, abusive, libellous, harassing, defamatory, vulgar, obscene, profane, hateful, fraudulent, racially, ethnically, or otherwise objectionable material of any sort, including, but not limited to, any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or international law.
You are expressly prohibited from compiling and using any personal posted or transmitted to you on this Site, including addresses, telephone numbers, fax numbers, email addresses or other contact information that another user may have provided. You also are expressly prohibited from distributing or otherwise disclosing users’ personal information.
The Operators do not want to receive confidential or proprietary information from you through this Site. Any material, information, or other communication you transmit or post (“Contributions”) to this Site will be considered non-confidential.
All contributions to this site are licensed by you under the MIT License to anyone who wishes to use them, including the Operators.
If you work for a company or at a University, it’s likely that you’re not the copyright holder of anything you make, even in your free time. Before making contributions to this site, get written permission from your employer.
User Discussion Lists and Forums
The Operators may, but are not obligated to, monitor or review any areas on this Site where users transmit or post communications or communicate solely with each other, including but not limited to user forums and private messaging systems, and the content of any such communications. The Operators, however, will have no liability related to the content of any such communications, whether or not arising under the laws of liability, copyright, libel, privacy, obscenity, or otherwise. The Operators may edit or remove content on this Site at their discretion at any time.
Use of Personally Identifiable Information
All content on this Site, including any content that you may generate, is visible to anyone on the Internet. Please do not select a Username that allows you to be identified or associated with content you may provide. Do not place any personally identifiable information in the content you provide. It is recommended you select a unique username that you do not use elsewhere on the Internet, and one that does not contain your first or last name.
You agree to defend, indemnify and hold harmless the Operators and suppliers from and against any and all claims, damages, costs and expenses, including reasonable attorneys’ fees, arising from or related to your use or misuse of this Site, including, without limitation, your violation of these Terms of Service, the infringement by you, or any other subscriber or user of your account, of any intellectual property right or other right of any person or entity.
These Terms of Service are effective until terminated by either party. If you no longer agree to be bound by these Terms of Service, you must cease use of this Site. If you are dissatisfied with this Site, their content, or any of these terms, conditions, and policies, your sole legal remedy is to discontinue using this Site. The Operators reserve the right to terminate or suspend your access to and use of this Site, or parts of this Site, without notice, if we believe, in our sole discretion, that such use (i) is in violation of any applicable law; (ii) is harmful to our interests or the interests, including intellectual property or other rights, of another person or entity; or (iii) where the Operators have reason to believe that you are in violation of these Terms of Service or Forum Rules.
The Site Does Not Provide Medical Advice
You understand that information conveyed by users, administrators and operators on this Site does not constitute medical advice. This includes the recommendation of other websites or services, medical procedures or treatments, or other products or services. The Content is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read on this Site!
This Site does not recommend or endorse any specific tests, physicians, products, procedures, opinions, or other information that may be mentioned on the Site. Reliance on any information provided on the Site is solely at your own risk.
The Site may contain health- or medical-related materials that are sexually explicit. If you find these materials offensive, you may not want to use our Site.
THIS SITE AND ASSOCIATED MATERIALS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, THE OPERATORS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENTOF INTELLECTUAL PROPERTY. THE OPERATORS MAKE NO REPRESENTATIONS OR WARRANTY THAT THIS SITE WILL MEET YOUR REQUIREMENTS, OR THAT YOUR USE OF THIS SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DO THE OPERATORS MAKE ANY REPRESENTATION OR WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THIS SITE. THE OPERATORS MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE.
IN NO EVENT SHALL THE OPERATORS OR ANY OF THEIR AGENTS, VENDORS OR SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES TO YOUR HEALTH INCLUDING DEATH, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION) ARISING OUT OF THE USE, MISUSE OF OR INABILITY TO USE THIS SITE, EVEN IF THE OPERATORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS DISCLAIMER CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT. IF YOUR JURISDICTIONS PROHIBITS THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, YOU MAY NOT USE THIS SITE.
YOU UNDERSTAND AND AGREE THAT ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THIS SITE IS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA OR BUSINESS INTERRUPTION THAT RESULTS FROM THE DOWNLOAD OF CONTENT. THE OPERATORS SHALL NOT BE RESPONSIBLE FOR ANY LOSS OR DAMAGE CAUSED, OR ALLEGED TO HAVE BEEN CAUSED, DIRECTLY OR INDIRECTLY, BY THE INFORMATION OR IDEAS CONTAINED, SUGGESTED OR REFERENCED IN OR APPEARING ON THIS SITE. YOUR PARTICIPATION IN THIS SITE IS SOLELY AT YOUR OWN RISK. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE OPERATORS OR THROUGH THE OPERATORS, THEIR EMPLOYEES, OR THIRD PARTIES SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. YOU ACKNOWLEDGE, BY YOUR USE OF THE THIS SITE, THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.
LIABILITY LIMITATION. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL OR EQUITABLE THEORY, WHETHER IN TORT, CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, SHALL THE OPERATORS OR ANY OF THEIR AGENTS, VENDORS OR SUPPLIERS BE LIABLE TO USER OR TO ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY NATURE ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE THIS SITE OR FOR ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THIS SITE OR FOR ANY INFORMATION OBTAINED THROUGH THIS SITE, INCLUDING, WITHOUT LIMITATION, DAMAGES TO YOUR HEALTH INCLUDING DEATH, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OR CORRUPTION OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF AN AUTHORIZED REPRESENTATIVE OF THE OPERATORS HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.
THE OPERATORS’S TOTAL CUMULATIVE LIABILITY FOR ANY AND ALL CLAIMS IN CONNECTION WITH THIS SITE WILL NOT EXCEED FIVE U.S. DOLLARS ($5.00). USER AGREES AND ACKNOWLEDGES THAT THE FOREGOING LIMITATIONS ON LIABILITY ARE AN ESSENTIAL BASIS OF THE BARGAIN AND THAT THE OPERATORS WOULD NOT PROVIDE THIS SITE ABSENT SUCH LIMITATION.
If any provision herein is held to be unenforceable, the remaining provisions will continue in full force without being affected in any way. Further, the parties agree to replace such unenforceable provision with an enforceable provision that most closely approximates the intent and economic effect of the unenforceable provision. Section headings are for reference purposes only and do not define, limit, construe or describe the scope or extent of such section. The failure of the Operators to act with respect to a breach of this Agreement by you or others does not constitute a waiver and shall not limit the Operators’ rights with respect to such breach or any subsequent breaches. Any action or proceeding arising out of or related to this Agreement or User’s use of this Site must be brought in the courts of Zürich, Switzerland, and you consent to the exclusive jurisdiction and venue of such courts. Any cause of action you may have with respect to your use of this Site must be commenced within one (1) year after the claim or cause of action arises. These Terms set forth the entire understanding and agreement of the parties, and supersedes any and all oral or written agreements or understandings between the parties, as to their subject matter. The waiver of a breach of any provision of this Agreement shall not be construed as a waiver of any other or subsequent breach.
Links to Other Materials
This Site may contain links to sites owned or operated by independent third parties. These links are provided for your convenience and reference only. We do not control such sites and, therefore, we are not responsible for any content posted on these sites. The fact that the Operators offer such links should not be construed in any way as an endorsement, authorization, or sponsorship of that site, its content or the companies or products referenced therein, and the Operators reserve the right to note its lack of affiliation, sponsorship, or endorsement on this Site. If you decide to access any of the third party sites linked to by this Site, you do this entirely at your own risk. Because some sites employ automated search results or otherwise link you to sites containing information that may be deemed inappropriate or offensive, the Operators cannot be held responsible for the accuracy, copyright compliance, legality, or decency of material contained in third party sites, and you hereby irrevocably waive any claim against us with respect to such sites.
Notification Of Possible Copyright Infringement
In the event you believe that material or content published on this Site may infringe on your copyright or that of another, please contact us.