AGREEMENT BETWEEN USER AND YUMA STREET VENTURES, LLC
The DowneyObesityReport Web Site (the “Website”) is comprised of various Web pages operated by Yuma Street Ventures, LLC (“Yuma Street Ventures, LLC “). The Website is offered to you as a user of the Website, conditioned on your acceptance without modification or qualification of the terms, conditions, and notices contained herein. Your accessing, viewing, downloading or otherwise use of the Website constitutes your agreement to all such terms, conditions and notices.
Yuma Street Ventures, LLC reserves the right to change the terms, conditions, and notices under which the Website is offered. Changes may be made without notice and may be retroactive.
NO UNLAWFUL OR PROHIBITED USE
All users who use this Website are required to follow this policy, as well as all other relevant Yuma Street Ventures, LLC policies, including, but not limited to prohibitions on harassment and solicitation, and all applicable federal and state laws and regulations. As a condition of your use of the Website, you warrant to Yuma Street Ventures, LLC that you will not use the Website for any purpose that is unlawful or otherwise prohibited by these terms, conditions, and notices. You may not use the Website in any manner which could damage, disable, overburden, or impair the Website or interfere with any other party’s use and enjoyment of the Website. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available to you through the Website. You may not use this Website if you have been suspended or removed previously from this Website without the approval of the System Administrator.
The Website may only be used only for Yuma Street Ventures, LLC -related business, in particular, and not for other commercial purposes. For example, you may not use the Website to post unauthorized advertisements for products, services, charities, or meetings. You may not post “chain letters” and may not use the Website to run a business. Any use of the Website to facilitate illegal activity, such as gambling, is prohibited. The disruption or misuse of Yuma Street Ventures, LLC communications, hardware, or software; the harassment of users; and the unauthorized access to communications or facilities are prohibited. For example, activities such as “spamming” (randomly sending e-mail messages to large numbers of recipients) or sending “e-mail bombs” (overloading addresses with e-mail messages) is strictly prohibited. Similarly, use of the Website to develop programs that harass or stalk others is prohibited. Use of the Website to infiltrate a computer system and/or damage the software components of a computer system is prohibited. You may only post information that is legally permissible to copy and distribute, on printed and/or electronic media.
LINKS TO THIRD PARTY SITES
The Website may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of Yuma Street Ventures, LLC and Yuma Street Ventures, LLC is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Yuma Street Ventures, LLC is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Yuma Street Ventures, LLC of the site or any association with its operators, other than as a provider of benefits to employees of Yuma Street Ventures, LLC.
MATERIALS PROVIDED TO COME RECOMMENDED OR POSTED AT ANY COME RECOMMENDED WEB SITE
Yuma Street Ventures, LLC does not claim ownership of the materials you provide to Website, or post, upload, input or submit to any Website or its associated services (collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting your Submission you are (i) representing that such Submission contains accurate and truthful content; and, (ii) granting Website, its affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of the Website and its business, including, without limitation, the rights to copy, distribute, transmit, reproduce, edit, translate and reformat your Submission, and to update records to include your Submission.
The Website is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in Website’s sole discretion. By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submission.
The Website may need to disclose Submissions when required by law, such as responses to civil court orders, criminal subpoenas or other requests by law enforcement personnel. The Website will decide whether to disclose such information where the Website has a reasonable belief it is necessary to comply with the court order, subpoena or other law enforcement request) or to exercise Website’s legal rights to defend against such claims.
Children are not allowed to use this Website and minors (under the age of 18) may not submit any personnel information to us or the Website.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE WEBSITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. YUMA STREET VENTURES LLC AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE WEBSITE AT ANY TIME. ADVICE RECEIVED VIA THE WEBSITE SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.
YUMA STREET VENTURES LLC AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE WEBSITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. COME RECOMMENDED AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
USE OF COMMUNICATION SERVICES
From time to time, the Website may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with other users or groups of users, collectively, “Communication Services”), and you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others, publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, libelous, infringing, obscene, indecent or unlawful topic, name, material or information, upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents, upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer, conduct or forward surveys, contests, pyramid schemes or chain letters, download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner, falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded, restrict or inhibit any other user from using and enjoying the Communication Services, harvest or otherwise collect information about others, including e-mail addresses, without their consent, or violate any applicable laws or regulations. Yuma Street Ventures LLC has no obligation to monitor the Communication Services, however, Yuma Street Ventures LLC reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. Yuma Street Ventures LLC reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.
Always use caution when giving out any personally identifying information about yourself or your family members in any Communication Service. Yuma Street Ventures LLC does not control or endorse the content, messages or information found in any Communication Service and, therefore, Yuma Street Ventures LLC specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized Yuma Street Ventures LLC spokespersons, and their views do not necessarily reflect those of Yuma Street Ventures LLC. Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.
Yuma Street Ventures LLC shall maintain Submissions which may consist of personal information in accordance with its policies under applicable law. Notwithstanding the foregoing, the Systems Administrator may examine usage, e-mails, web pages, hard drives, files, and any other facilities in order to diagnose or solve problems or investigate possible violations of Yuma Street Ventures LLC policy. The Systems Administrator may examine, edit, and/or remove any material that, in Yuma Street Ventures LLC ‘s judgment, violates Yuma Street Ventures LLC policies. By using the Website, you consent to review of your use of the Website. You should not have any expectation of privacy with respect to your use of the website other than as set forth herein. All conferences and bulletin boards may be monitored. Yuma Street Ventures LLC reserves the right, in its sole discretion, to terminate your access to the Website and the related services or any portion thereof at any time, without notice.
You indemnify and hold us harmless from any damages, losses and costs (including, but not limited to, reasonable attorneys’ fees) related to third party claims, charges, or investigations cause by (a) your failure to abide by this user agreement; (b) your Submissions to the Website; and (c) any activity to which you engage in or through the Website.
If you purchase or otherwise subscribe to any services that we offer, you will pay the applicable fee as they become due plus all related taxes and all collections costs, interest and reasonable attorneys fees.
To the maximum extent permitted by law, this agreement is governed by the laws of the District of Columbia, U.S.A., exclusive of its conflict of laws provisions, and you hereby consent to the exclusive jurisdiction and venue of the federal and state courts in the District of Columbia, U.S.A. in all disputes arising out of or relating to the use of the Website. Use of the Website is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation, this paragraph. Yuma Street Ventures LLC performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Yuma Street Ventures LLC right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Website or information provided to or gathered by Yuma Street Ventures LLC with respect to such use. Unless otherwise specified herein, this agreement constitutes the entire agreement between you and Yuma Street Ventures LLC with respect to the Website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Yuma Street Ventures LLC with respect to the Website. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be drawn up in English.
COPYRIGHT AND TRADEMARK NOTICES
The names of actual companies and products mentioned herein are the trademarks of their respective owners. Any rights not expressly granted herein are reserved.
VIOLATIONS OF POLICY
Users are expected to report any violations of this policy. Users who believe they have been harassed or discriminated against should report such complaints to the System Administrator. Users who violate this policy are subject to disciplinary action, up to and including termination of access to the Website and possible civil or criminal action. Come Recommended reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Yuma Street Ventures LLC sole discretion.
Yuma Street Ventures LLC shall act to protect users privacy by:
- Not renting or selling your personally identifiable information to third parties for marketing purposes.
- Not sharing your contact information with another user without your consent.
- Any personally identifiable information that you provide will be secured with industry standard protocols and technology.
Yuma Street Ventures LLC reserves the right to modify this privacy statement at any time, so please review it frequently. If we make material changes to this policy, we will notify you here, by email, or by means of a notice on our home page. By continuing to use the Website service after notice of changes have been sent to you or published on the Website, you are consenting to the changes.
We allow other companies, called ad networks, to serve advertisements to users. Ad networks include third party ad servers, ad agencies, ad technology vendors and research firms. Yuma Street Ventures LLC may “target” some ads to users that fit a certain general profile – for example – health care professionals in Virginia. Yuma Street Ventures LLC does NOT use personally identifiable information to target ads.
To deliver these ads properly, Yuma Street Ventures LLC may include a file, called a web beacon, from these ad networks within pages served by Yuma Street Ventures LLC so the networks may provide anonymized, aggregated auditing, research and reporting for advertisers as well as to target ads to you while you visit other websites.
Because your web browser must request these advertisements and web beacons from the ad network’s servers, these companies can view, edit or set their own cookies, just as if you had requested a web page from their site.
These general targets may also be used by ad networks to display targeted ads on other websites as a substitute for random, irrelevant ads. Yuma Street Ventures LLC does not provide personally identifiable information to any advertiser or any other third party.
LOGGING OF INFORMATION
Due to the communications standards on the Internet, when you visit the Website we automatically receive the URL of the site from which you came and the site to which you are going when you leave the Website. We also receive the Internet protocol (IP) address of your computer (or the proxy server you use to access the World Wide Web), your computer operating system and type of web browser you are using, email patterns, as well as the name of your ISP. This information is used to analyze overall trends to help us improve the our service. The linkage between your IP address and your personally identifiable information is not shared with third-parties without your permission or except when required by law.
Sharing Information with Third Parties
Yuma Street Ventures LLC takes the privacy of Users very seriously. We do not sell, rent, or otherwise provide your personally identifiable information to third parties for marketing purposes. We may provide aggregated anonymous data about the usage of our services to third parties for such purposes as we deem, in our sole discretion, to be appropriate, including to prospective advertisers on the Website. We may segment our users by role (i.e. product managers, vice presidents), industry, geographic location, or company.
FORUMS / CHATS / BLOGS
If you use a bulletin board, import a blog, or participate in a chat room on the Website, you should be aware that any personally identifiable information you choose to provide there can be read, collected, or used by other Users of these forums, as well as Platform Developers and other third parties, and could be used to send you unsolicited messages. Yuma Street Ventures LLC is not responsible for the personally identifiable information you choose to submit in these forums.
It is possible that we may need to disclose personal information when required by law, such as responses to civil or criminal subpoenas, or other requests by law enforcement personnel. We will disclose such information wherein we have a good-faith belief that it is necessary to comply with a court order, ongoing judicial proceeding, subpoena, or other legal process or request to Come Recommended brought in any country throughout the world, or to exercise our legal rights or defend against legal claims.
We may also disclose your personal and other information you provide, to another third party as part of a reorganization or a sale of the assets of a Yuma Street Ventures LLC corporation division or company. Any third party to which we transfer or sell Yuma Street Ventures LLC assets will have the right to continue to use the personal and other information that you provide to us.
Children are not eligible to use our service and we ask that minors (under the age of 18) do not submit any personal information to us or use the service.