Terms of Service
Acceptance of Agreement
Your access to and use of the Bay Area Rising website (the “Site”) are subject to the following terms and conditions (these “Terms and Conditions”) and all applicable laws. By accessing and browsing the Site, you accept and agree to these Terms and Conditions without limitation or qualification. You also acknowledge that any other agreements between you and Bay Area Rising are superseded and have no force or effect with respect to your use of the Site. In these Terms and Conditions, any reference to “Bay Area Rising” collectively refers to Bay Area Rising Company and all of its current and future subsidiaries and other affiliates.
Scope of Use
Bay Area Rising maintains the Site for your personal information, education, and communication. You are welcome to browse the Site and may download materials displayed on the Site for non-commercial, personal use only, provided you retain all copyright and other proprietary notices contained on the materials. However, you may not distribute, modify, transmit, reuse, repost, or use the content of the Site for public or commercial purposes, including text and images, without the written permission of Bay Area Rising Company.
You understand that Bay Area Rising does not represent that the information on the Site is appropriate or available for use outside of the United States. Access to the Site from territories where the content may be illegal or inappropriate is prohibited. If you choose to access the Site from other locations, you do so at your own initiative and are responsible for complying with local laws.
No Medical Advice
The Site does not provide medical advice. With limited exception, Bay Area Rising products are available only by prescription from a licensed healthcare professional. Bay Area Rising is not engaged in rendering medical or similar professional services or advice, and the information provided on the Site is not intended to replace medical advice offered by a healthcare provider. If you require such services or advice, you should promptly consult a physician or professional healthcare provider.
Product Information
Product information provided on the Site is intended for residents in the United States. The Site and its links may contain information about products that may or may not be available in specific countries, territories, or regions worldwide (including the United States). These products may be available under different trademarks in different countries and may have varying approvals or clearances by government regulatory bodies for sale or use with different indications and restrictions in different countries.
You should not consider anything on the Site as a promotion or solicitation for any product or service or for the use of any product or service not authorized by the laws and regulations of the country where you are located, including the United States. For specific information about particular products, refer to the full prescribing information as approved by the relevant governmental authority of your location. The prescribing information provided here is based on United States labeling and may not be suitable outside the United States.
Copyright Protection
You should assume that everything you see or read on the Site is copyrighted, unless otherwise noted, and may not be used except as provided in these Terms and Conditions or in the text on the Site without the written permission of Bay Area Rising Company. Bay Area Rising neither warrants nor represents that your use of materials displayed on the Site will not infringe on the rights of third parties not owned by or affiliated with Bay Area Rising.
Trademarks
The trademarks, trade names, logos, and service marks (collectively the “Trademarks”) displayed on the Site are registered and unregistered Trademarks of Bay Area Rising and others. Nothing on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademarks displayed on the Site without the written permission of Bay Area Rising or the third party that may own the Trademarks. Your use of the Trademarks displayed on the Site or any other content on the Site, except as provided in these Terms and Conditions, is strictly prohibited. Please be advised that Bay Area Rising will vigorously enforce its intellectual property rights, including seeking criminal prosecution, to the fullest extent of the law.
Exclusion of Warranty
While Bay Area Rising makes reasonable efforts to include accurate and up-to-date information on the Site, it makes no warranties or representations regarding its accuracy. Bay Area Rising assumes no liability or responsibility for any errors or omissions in the content of the Site. Everything on the Site is provided “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
Please note that in some jurisdictions, the exclusion of implied warranties may not be allowed, so some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations concerning the exclusion of implied warranties.
Limitation of Liability
Your access to, use of, and browsing on the Bay Area Rising website (the “Site”) are conducted at your own risk. Neither Bay Area Rising nor any other party involved in creating, producing, or delivering the Site shall be held liable for any direct, incidental, consequential, indirect, or punitive damages arising from your access to or use of the Site. Bay Area Rising assumes no responsibility and disclaims any liability for any damages to your computer equipment or other property that may result from your access to, use of, or browsing on the Site, including downloading materials, data, text, or images from the Site.
Prohibited Transmissions
Certain sections of the Site may offer access to online forums and the ability to submit emails or provide feedback to Bay Area Rising. It is important to note that Bay Area Rising does not endorse and explicitly disclaims any responsibility or liability for the content in these forums. Users are prohibited from posting or transmitting any unlawful, threatening, libelous, defamatory, obscene, indecent, inflammatory, pornographic, or profane material or any content that could potentially constitute or encourage conduct amounting to a criminal offense, civil liability, or a violation of any law.
Additionally, you are strictly prohibited from posting or transmitting any information that: (a) infringes upon the rights of others or violates their privacy or publicity rights, (b) is protected by copyright, trademark, or any other proprietary right unless you possess express written permission from the owner of such rights, (c) contains a virus, bug, or any other harmful element, or (d) is used to unlawfully collude against another person, restricting trade or competition.
You shall bear sole liability for any damages resulting from any infringement of copyright, trademark, or other proprietary right, or any other harm arising from your access to or use of the Site.
User Submissions
Any “personally identifiable information” shared through electronic communications on the Site is governed by the Site’s Privacy Policy. Conversely, any communication or material you transmit to the Site via electronic mail or any other means, including data, questions, comments, suggestions, or similar content, is regarded as non-confidential and non-proprietary. You understand that any content you transmit or post may be used by Bay Area Rising for any purpose, including but not limited to reproduction, disclosure, transmission, publication, broadcasting, and posting.
Furthermore, Bay Area Rising is granted the freedom to utilize any ideas, concepts, know-how, processes, or techniques contained within any communication you send to the Site for any purpose, which includes but is not limited to developing, manufacturing, marketing, and selling products and services using these ideas, concepts, know-how, processes, or techniques.
Links to Other Sites
Bay Area Rising has not conducted a comprehensive review of all sites linked to the Site and accepts no responsibility for the content found on any off-site pages or other websites linked to the Site. Any decision to link to other off-site pages or websites is made at your own risk. When you access another site through a link on the Site, please ensure that you review the legal notice and privacy policy of the new site, as it may differ from those governing the Site.
Governing Law
This agreement and its execution are subject to the laws of the state of New Jersey, United States of America, without regard to its conflict of laws provisions. You consent and submit to the exclusive jurisdiction of state and federal courts located in Mercer County, the state of New Jersey, United States of America, in all matters and disputes arising from your access to or use of the Site and this agreement.
To the extent permitted by applicable law, any claim or cause of action arising from or related to your access or use of the Site must be initiated within two (2) years from the date on which such claim or action arose or accrued.
Modification of Agreement
Bay Area Rising reserves the right to revise the Terms and Conditions governing access to and use of the Site at any time. Any revisions to these Terms and Conditions will be posted on the Site. By accessing or using the Site, you are bound by any such revisions. Therefore, it is advisable to periodically review the Terms and Conditions posted on the Site to stay informed about any updates or changes.
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