Terms and Conditions

Terms and Conditions of Service: You represent that you have read and agree to be bound by these terms and conditions of service (Terms") for the services provided resulting from this website (“Service” or “Services”). You further agree to comply with U.S. law regarding the transmission of any data obtained from the Services and not to use the Services for illegal purposes.  You further agree that the acceptance, use, or request for such Services shall constitute your acceptance and agreement to these “Terms” and your acknowledgement of the Disclaimer.

 

Intellectual Property: This Service, including but not limited to text, content, photographs, video, audio, and graphics is protected by copyrights, trademarks, service marks, international treaties, and/or other proprietary rights and laws of the U.S. and other countries. The Service is also protected as a collective work or compilation under U.S. copyright and other laws and treaties. All individual articles, columns, and other elements making up the Service are also copyrighted works. You agree to abide by all additional copyright notices or restrictions contained in the Service and to use the Services solely for your own noncommercial use and benefit, and not for resale or other transfer or disposition to, or use by or for the benefit of, any other person or entity. 

Further Restrictions on Use: You may not copy, reproduce, recompile, decompile, reverse engineer, distribute, publish, display, modify, transmit, or in any way exploit any part of the service, except that you may download or make one print copy of this service for your own personal, non-commercial use, provided that all copyright and other proprietary notices are retained. The analysis and data included in the Services may not be recirculated, redistributed or published without prior written consent. Modification of the service's content is a violation of Service Providers’ copyright. No part of this service may be offered for sale or distributed.

Rights Reserved: All present and future rights in and to trade secrets, patents, copyrights, trademarks, service marks, know-how and other proprietary rights of any type under the laws of any governmental authority, domestic or foreign, including rights in and to all applications and registrations relating to the Service (the "Intellectual Property Rights") shall, as between you and  the Service Provider, at all times be and remain the sole and exclusive property of the Service Provider. All present and future rights in and title to the Service (including the right to exploit the Service and any portions of the Service over any present or future technology) are reserved to the Service Provider for their exclusive use. Except as specifically permitted by the terms, you may not copy or make any use of the Service or any portion thereof. Except as specifically permitted herein, you shall not use the trademarks, trade names, service marks, trade dress, logos or titles the Service, or the names of any individual participant in, or contributor to, the Service, or any variations or derivatives thereof, for any purpose, without Service Providers’ prior written approval.

 

Disclaimer and Limitation of Liability: YOU AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK AND ACKNOWLEDGE THAT THE SERVICE AND ANYTHING CONTAINED THEREIN, INCLUDING, BUT NOT LIMITED TO, CONTENT, SERVICES, GOODS OR ADVERTISEMENTS, ARE PROVIDED ‘AS IS’ AND THAT SERVICE PROVIDER MAKES NO WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE SERVICES PROVIDED INCLUDING , BUT NOT LIMITED TO, MERCHANTABILITY, NONINFRINGEMENT, TITLE OR FITNESS FOR A PARTICULAR PURPOSE OR USE.  SERVICE PROVIDER SHALL NOT BE LIABLE FOR ANY LOST PROFITS, LOSSES, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES 

Service Provider is not responsible for the availability, content or accuracy of other Web sites, services, resources or goods that may be linked to, or advertised on, the Service. Service Provider does not make any warranty, express or implied, with respect to the use of the links provided on the Service, guarantee the accuracy, completeness, usefulness or adequacy of any other Web sites, services, resources, goods or advertisements that may be linked to the Service or make any endorsement, express or implied, of any other Web sites, services, resources, goods or advertisements that may be linked to the Service. 

Limitation of Liability: UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL SERVICE PROVIDER, ITS SUPPLIERS AND ITS THIRD PARTY AGENTS BE LIABLE TO YOU FOR DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES, ARISING FROM USE OF OR INABILITY TO USE THE SERVICE OR ANY PROVISION OF THE TERMS, SUCH AS, BUT NOT LIMITED TO, LOSS OF REVENUE OR ANTICIPATED PROFITS OR LOST BUSINESS

Indemnification: You agree, at your own expense, to indemnify, defend, and hold harmless Service Provider, and its employees, representatives, Suppliers, and agents, against any claim, suit, action, or other proceeding brought against Service Provider, its employees, representatives, Suppliers, and agents, by a third party, to the extent that such claim, suit, action or other proceeding brought against Service Provider, its employees, representatives, Suppliers, and agents is based on or arises in connection with the Service; any deletions, additions, insertions, or alterations to, or any unauthorized use of, the Service by you or someone using your computer; any misrepresentation or breach of representation or warranty made by you contained herein; or any breach of any covenant or agreement to be performed by you hereunder. You agree to pay any and all costs, damages, and expenses, including, but not limited to, reasonable attorneys' fees and costs awarded against or otherwise incurred by or in connection with or arising from any such claim, suit, action or proceeding attributable to any such claim.

Termination of Terms: Either Service Provider or you may terminate the Services at any time by discontinuing use of the Service and destroying all materials obtained from the Service. Upon termination by you or upon notice of termination by Service Provider, you must destroy promptly all materials obtained from the Service and any copies thereof.

Governing Law: This Agreement shall be governed and construed in accordance with the laws of the United States and the State of Massachusetts, without giving effect to conflicts of law principles thereof. You agree that the exclusive jurisdiction with respect to any legal proceedings that may arise in connection with the Service or from a dispute as to the interpretation or breach of the terms of service shall be the courts located in the City of Boston in the State of Massachusetts and you agree to submit to the personal jurisdiction of such Courts.  

Healing w. Ness 2020