Terms and Conditions
GOVERNING THIS CONVERSELY, INC. WEB SITE
Conversely, Inc. ("Conversely") maintains this web site (the "Site") as a service to its users of the Site (the "Users"). By using this Site, you agree to comply with and be bound by the following terms and conditions (the "Agreement"), which we may change at any time by posting notice on the Site. PLEASE READ THIS AGREEMENT CAREFULLY, AND PLEASE CHECK THESE TERMS AND CONDITIONS PERIODICALLY FOR CHANGES. If you do not agree to these terms and conditions, please do not use the Site. In addition, when using any particular service of the Site, you may be subject to additional guidelines or terms and conditions applicable to such services that may be posted from time to time, which are hereby incorporated into this Agreement.
1. Using the Site.
All the text, images, marks, logos, compilations (meaning the collection, arrangement and assembly of information), and other content of the Site ("Site Content") are proprietary to us or to third parties. Conversely authorizes you to view, download, and print the Site Content subject to the following conditions: (i) you may only do so for your own personal and non-commercial use; (ii) you may not modify the Site Content; (iii) any displays or print outs of the Site Content must be marked "(c) Conversely, Inc., 2000. All rights reserved."; and (iv) you may not remove any copyright, trademark, or other proprietary notices that have been placed in the Site Content by Conversely. Except as expressly permitted above, copying, reproduction, republication, uploading, posting, transmitting, distributing or otherwise exploiting in any way Site Content, or any portion of the Site Content, is strictly prohibited without the prior written permission of Conversely. To request permission you may contact Conversely at this e-mail.
All software used on the Site is proprietary to us or to third parties, and except as may be required to exercise the foregoing license grant, any use, redistribution, sale, decompilation, reverse engineering, disassembly, translation or other reduction of such software to human-readable form is prohibited.
The marks CONVERSELY and THE SMART TAKE ON RELATIONSHIPS are proprietary to us, and they may not be used in connection with any service or products other than those provided by Conversely, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Conversely.
You agree, and represent and warrant, that your use or other exploitation of the Site and the Site Content, or any portion thereof, will be consistent with the foregoing license and restrictions and will neither infringe nor violate the rights of any other party or breach any contract or legal duty to any other parties.
2. Submissions to Conversely Belong to Conversely.
Conversely is pleased to hear from you and welcomes your comments regarding the Site and Site Content. Unfortunately, Conversely is unable to accept or consider ideas, suggestions, materials or other information unless Conversely has specifically requested it from Users as described below. It is Conversely's intent to avoid misunderstandings when Site Content might seem to be similar to work of others.
At a number of locations on the Site, Conversely requests that Users make submissions to the Site. If at Conversely's request you send submissions (such as postings in response to advice columns, articles or other Site Content) or, despite Conversely's request that you not send us any other materials as explained above, you independently send Conversely ideas, suggestions, materials or other information (all of the foregoing being "Submissions"), the Submissions will be deemed, and will remain, the sole property of Conversely. None of the Submissions will be subject to any obligation of confidence on the part of Conversely, and Conversely and Conversely Affiliates (as defined below) will not be liable for any use or disclosure of any Submissions. Without limiting the foregoing, Conversely will exclusively own all now known or hereafter existing rights to the Submissions of every kind and nature throughout the universe, in perpetuity, and will be entitled to unrestricted use and other exploitation of the Submissions for any purpose whatsoever, commercial or otherwise, by any means, by any media, without compensation to the provider, author, creator or inventor of the Submissions. Each of the provider, author, creator and inventor, as the case may be, irrevocably and unconditionally waives and covenants not to assert any of such right against Conversely or its affiliates, successors, assigns, licensees, partners and suppliers (collectively, "Conversely Affiliates"), as well as any User.
3. The Chat Rooms Are an Unrestricted Forum and Chat Room Content Is Not Proprietary.
A number of locations on the Site, which are identified below, are known as "Chat Rooms." The Chat Rooms provide an unrestricted forum for the exchange of ideas and information by participants. Conversely does not edit or control the information or materials posted to or distributed through the Chat Rooms (the "Chat Room Content"), will not be in any way responsible or liable for Chat Room Content, and claims no proprietary rights of any kind arising from the posting or distribution of information or material in the Chat Rooms. BY POSTING OR DISTRIBUTING INFORMATION OR MATERIAL THROUGH ANY OF THE CHAT ROOMS, YOU EXPRESSLY ABANDON ANY RIGHTS YOU MAY HAVE IN SUCH CHAT ROOM CONTENT, AND SUCH INFORMATION OR MATERIAL MAY BE FREELY USED, COPIED, DISTRIBUTED AND OTHERWISE EXPLOITED, IN ANY MEDIUM, BY ANY MEANS, BY OTHERS WITHOUT YOUR PERMISSION.
The locations on the Site that have a Chat Room include:
4. Conduct of Participants in the Chat Rooms and Users Making Submissions.
The following restrictions on Chat Room participants and Users making Submissions are intended to make the Site and Site Content suitable and appropriate for all Users.
Chat Room participants and Users making Submissions will not:
Chat Room participants and Users making Submissions will not submit, upload to, distribute through or otherwise post any material that:
Conversely reserves the right (but is not obligated) to do any or all of the following:
Conversely and Conversely Affiliates have no liability or responsibility to Users or any other person or entity for performance or nonperformance of the aforementioned activities.
5. Although the Site Discusses Relationships and Other Issues, the Site Itself Does Not Provide Recommendations or Advice for Specific Users in Particular Situations.
The Site is designed to discuss and promote discussion of relationships and to serve as a forum for those interested in relationships and other related issues. The Site Content is for informational purposes only, and the Site Content does not contain specific recommendations for any particular situation or circumstances, even if other materials cited on, identified by or obtained as a result of using the Site do so. The Site cannot replace or substitute for the services of trained professionals in any field, including, for example, financial, medical or legal matters. In particular, you should regularly consult a doctor in all matters relating to physical or mental health, particularly concerning any symptoms that may require diagnosis or medical attention.
Conversely makes the Site Content available to Users subject to all of the terms and conditions of this Agreement, including the section entitled Warranty Disclaimer and Limitation of Liability set forth below. IF YOU INTEND TO RELY IN ANY WAY ON ANY SITE CONTENT, YOU SHOULD CAREFULLY RE-READ THE CAPITALIZED WORDS SET FORTH BELOW IN THE WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY. Those provisions will have special importance to you.
In part because Conversely is not involved in the purchase or sale of any goods or services that the Site or Site Content may discuss, if a dispute arises between you and any seller or purchaser of such goods and services, you understand that Conversely has no obligation to become involved, and you hereby release Conversely and all Conversely Affiliates from all claims, demands and damages (actual, consequential or otherwise) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising from or relating to any such dispute. You hereby waive any legal protections of any jurisdiction that may apply to you that would limit the foregoing release in any way.
6. Parental Permission and Minors.
Some of the Site Content concerns the topic of sex and intimacy that may not be appropriate for children. CONVERSELY STRONGLY RECOMMENDS THAT ALL CHILDREN ASK FOR THEIR PARENTS' PERMISSION BEFORE USING THE SITE.
Conversely may, at its discretion, require users under the age of eighteen to obtain the consent of a parent or guardian to view certain Site Content, and Conversely may limit access to certain Site Content to Users above a specified age. You agree to abide by any such restrictions and not to assist anyone to evade them.
7. Links to Third Party Sites Are Not Endorsements.
The Site contains links to third-party web sites. The linked sites are not under our control, and we are not responsible for the contents of any linked site. We provide these links as a convenience only, and a link does not imply endorsement of, sponsorship of, or affiliation with the linked site by Conversely. Links to merchants or advertisers are owned and operated by independent retailers or service providers, and therefore, we are unable to ensure that you will be satisfied with their products, services or business practices. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any of these third parties.
8. Your Indemnity of Conversely and Conversely Affiliates; Termination of Use.
You agree to indemnify and hold Conversely and all Conversely Affiliates harmless from all causes of action, claims and allegations (whether threatened or pending), costs, fees, charges, and expenses (including reasonable attorneys' and professionals' fees), judgments, damages, losses, and liabilities arising from or relating to the breach or alleged breach of your duties or obligations under this Agreement or your use of the Site or Site content. For any indemnified matter, Conversely will have full control of the response thereto and the defense thereof, including, without limitation, any agreement relating to the settlement thereof, and you will cooperate with Conversely in such matter.
Conversely may, at its option, terminate a User's access to any or all of the Site upon any breach of the terms and conditions of this Agreement.
9. Warranty Disclaimers and Limitations of Liability.
Conversely and Conversely Affiliates make no representations or warranties of any kind regarding the Site and the Site Content. The Site and Site Content are provided in "AS IS" condition, and Conversely and Conversely Affiliates EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING: (i) ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NONINFRINGEMENT, AND ANY AND ALL WARRANTIES ARISING FROM COURSE OF DEALING AND USAGE OF TRADE; (ii) THAT THE SITE AND THE SITE CONTENT WILL MEET YOUR REQUIREMENTS, WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE OR OPERATE WITHOUT ERROR, (iii) AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE OPERATION, USE OR OTHER EXPLOITATION OF THE SITE OR THE SITE CONTENT, AND (iv) AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED FROM THE SITE OR THE SITE CONTENT. No advice or information, whether oral or written, obtained by you from Conversely, a Conversely Affiliate or through the Site or Site Content will create any warranty not expressly stated herein.
YOU USE THE SITE AND THE SITE CONTENT AT YOUR OWN RISK, AND CONVERSELY AND CONVERSELY AFFILIATES WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM OR RELATING TO THEIR OPERATION, USE OR OTHER EXPLOITATION. You waive and covenant not to assert any claims or allegations of any nature arising from or relating to the operation, use or other exploitation of the Site or the Site Content, including any allegation or claim that Conversely or Conversely Affiliates have or should indemnify, defend, or hold you harmless from any claim or allegation arising from the operation, use or other exploitation of the Site or the Site Content.
UNDER NO CIRCUMSTANCES WILL YOU BE ENTITLED TO RECOVER FROM CONVERSELY OR CONVERSELY AFFILIATES ANY INCIDENTAL, CONSEQUENTIAL, INDIRECT, PUNITIVE OR SPECIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS OR LOSS OF USE), WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE ARISING FROM OR RELATING TO THE SITE OR SITE CONTENT, EVEN IF CONVERSELY HAS BEEN INFORMED OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF WARRANTIES OR OF LIABILITY, SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.
10. Digital Millennium Copyright Act Compliance.
Conversely complies with the provisions of the Digital Millennium Copyright Act applicable to internet service providers (17 U.S.C. §512, as amended). If you have any complaints or objections to material posted on this site you may contact us at this e-mail.
You may gather more information regarding user privacy on line by contacting leading trade organizations and interest groups, such as TrustE (truste.org) and the Electronic Frontier Foundation (eff.org).
12. Applicable Law and Jurisdiction.
The Site (excluding links) is controlled by Conversely and operated by Conversely from its offices in and around Boston, Massachusetts. Although Conversely has made no effort to publish the Site elsewhere, because this Site is published on the World Wide Web it is accessible in all fifty states and other countries. As each of these places has laws that may differ from those of Massachusetts and from each other, and as you and Conversely both benefit from establishing a predictable legal environment in which to operate, use or otherwise exploit the Site, by using this Site you and Conversely agree that all matters arising from or relating to the use and operation of this Site will be governed by the substantive laws of the Commonwealth of Massachusetts, without regard to its conflicts of laws principles. You agree that all claims you may have arising from or relating to the operation, use or other exploitation of this Site will be heard and resolved in the courts in Boston, Massachusetts. You consent to the personal jurisdiction of such courts over you, stipulate to the fairness and convenience of proceeding in such courts, and covenant not to assert any objection to proceeding in such courts. If you choose to gain access to the Site from locations other than Boston, Massachusetts, you will be responsible for compliance with all local laws of any such other location.
No delay or omission by Conversely in exercising any of its rights occurring upon any noncompliance or default by you with respect to any of the terms and conditions of this Agreement will impair any such right or be construed to be a waiver thereof, and a waiver by Conversely of any of the covenants, conditions or agreements to be performed by you will not be construed to be a waiver of any succeeding breach thereof or of any other covenant, condition or agreement hereof contained. As used in this Agreement, "including" means "including but not limited to." The captions of this Agreement have been inserted solely for convenience of reference, in no way define or limit the scope or substance of any provision of this Agreement, and will not be considered in interpreting this Agreement. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid or unenforceable, then this Agreement will remain in full force and effect and will be reformed to be valid and enforceable while reflecting the intent of the parties to the greatest extent permitted by law. Except as otherwise expressly provided herein, this Agreement sets forth the entire agreement between you and Conversely regarding its subject matter between you and Conversely, and supersedes all prior promises, agreements or representations, whether written or oral, regarding such subject matter.
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