WEB SITE TERMS AND CONDITIONS
The following terms and conditions ("Terms
and Conditions") govern your use of the World
Wide Web sites located at ireminder.com and complianceforlife.com.
(the "Site"). By accessing, viewing, or
using the content, material, or services available
on or through this Site, you indicate that you have
read and understand these Terms and Conditions, and
that you agree to them and intend to be legally bound
by them. If you do not agree to these Terms and Conditions,
you are not granted permission to use this Site and
must exit immediately.
These Terms and Conditions may be changed at any
time. Notice of any new or revised Terms and Conditions,
as well as the location of the new or revised Terms
and Conditions, will be posted on the Site for at
least 60 days after the change. It is the obligation
of users visiting the Site before the change to learn
of changes to the Terms and Conditions since their
last visit. Any change to these Terms and Conditions
shall be effective as to any visitor who has visited
the Site before the change was made.
1. Proprietary Rights
All works of authorship, information, content, and
material appearing on, available from, or contained
in this Site ("Site Materials") are protected
by law, including but not limited to, United States
copyright and patent law. Except as explicitly stated
in the Site, the entirety of the Site Materials (including,
without limitation, data, illustrations, graphics,
audio, video, photographs, pictures, illustrations,
recordings, drawings, sketches, artwork, images, text,
forms, look and feel attributes, and other intellectual
property) are © 2006 iReminder, LLC. All rights
reserved. iReminder, LLC ("iReminder") also
owns a copyright in this Site as a collective work
and/or compilation, and in the selection, coordination,
arrangement, organization and enhancement of the Site
Materials.
Removing or altering any copyright notice or any
other proprietary notice on any Site Materials is
strictly prohibited. Any commercial use of any or
all Site Materials, in whole or in part, without the
prior written consent of iReminder, is prohibited.
Any reproduction, distribution, performance, display,
preparation of derivative works based upon, framing,
capturing, harvesting, or collection of, or creating
of hypertext or other links or connections to any
Site Materials or any other proprietary information
of iReminder, without iReminder’s advance written
consent, is prohibited.
All names, trademarks, service marks, symbols, slogans,
and logos appearing on the Site are proprietary to
iReminder or its licensors. Use or misuse of these
trademarks is expressly prohibited and may violate
federal and state trademark law.
2. Communications With The Site
iReminder welcomes your feedback and suggestions about
how to improve our products, information, and services
and this Site. By transmitting any suggestions, information,
data, material, or other content (collectively, "Submissions")
to iReminder, you automatically grant iReminder the
royalty-free, perpetual, irrevocable, non-exclusive
right and license to use, reproduce, modify, adapt,
publish, translate, create derivative works from, distribute,
redistribute, transmit, perform and display any or all
of such Submissions (in whole or part) throughout the
universe and to incorporate such in other works in any
form, media, or technology now known or later developed
for the full term of any rights that may exist in such
Submission(s). Further, iReminder is free to use any
ideas, concepts, methods, know-how, techniques, and
processes contained in any communications you send to
this Site for any purpose whatever, including, but not
limited to, creating and marketing products, information,
or services using such information.
3. Nature of the Internet
Given the nature of the Internet, the transmission of
any communication or material to iReminder via the Site
or Internet electronic mail, whether encrypted or otherwise,
cannot be guaranteed as secure. Alternative to communicating
via the Internet or electronic mail, iReminder can be
contacted by regular mail at 434 Sandford Avenue, Westfield,
NJ 07090, by phone at 908-232-5156, or by facsimile
at 908-654-7267.
4. Privacy Statement
iReminder has a Privacy Statement setting out iReminder’s
online information gathering and dissemination practices
with respect to the Site. Click here to view the Privacy
Statement, which is incorporated into these Terms
and Conditions by reference, as if set forth fully herein.
5. Medical Advice
This site is designed to provide general information
about iReminder and its products and services. Information
on the Site is not intended to constitute an offer to
sell or a solicitation of any particular iReminder product
or service. Some products and/or services may not be
available in all states and in many instances may be
offered only through employers and other plan sponsors.
No material contained on the Site should be construed
as medical advice and/or treatment. No physician/patient
relationship is created between iReminder and you by
reason of your use of the Site or under any circumstances.
Individual inquiries about sensitive or confidential
matters should be addressed to appropriate health care
professionals.
6. Disclaimer of Warranty and Liability
THIS SITE, THE SITE MATERIALS ON AND IN AND
MADE AVAILABLE THROUGH THIS SITE, AND THE SERVICES,
INFORMATION, AND PRODUCTS OFFERED IN CONNECTION THEREWITH
ARE MADE AVAILABLE "AS IS" AND "WITH
ALL FAULTS." USE OF THIS SITE IS ENTIRELY AT YOUR
OWN RISK. IREMINDER MAKES NO REPRESENTATIONS OR WARRANTIES,
AND DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, WITH
RESPECT TO THIS SITE, THE SITE MATERIALS ON AND IN AND
MADE AVAILABLE THROUGH THIS SITE, AND THE SERVICES,
INFORMATION, AND PRODUCTS OFFERED IN CONNECTION THEREWITH,
EXPRESS OR IMPLIED, WRITTEN OR ORAL, ARISING FROM COURSE
OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR
OTHERWISE, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, ACCURACY, SYSTEMS INTEGRATION, NON-INTERFERENCE,
QUALITY, TITLE, AND NON-INFRINGEMENT. THE ENTIRE RISK
AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND
EFFORT WITH REGARD TO ANY AND ALL SITE MATERIALS ON
AND IN AND MADE AVAILABLE THROUGH THIS SITE IS WITH
YOU. TO THE EXTENT PERMITTED BY APPLICABLE LAW, IREMINDER
SHALL NOT BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT,
INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, EXTRA-CONTRACTUAL,
OR PUNITIVE DAMAGES OF ANY KIND WHATEVER, INCLUDING,
WITHOUT LIMITATION, BODILY INJURY OR DEATH, OR LOST
REVENUES OR LOST PROFITS, WHICH MAY OR DOES RESULT FROM
THE USE OF, ACCESS TO, OR INABILITY TO USE THIS SITE,
INCLUDING BUT NOT LIMITED TO THAT RESULTING FROM FAILURE
OF ELECTRONIC OR MECHANICAL EQUIPMENT OR COMMUNICATION
LINES, TELEPHONE OR OTHER INTERCONNECT PROBLEMS, COMPUTER
VIRUSES, UNAUTHORIZED ACCESS, THEFT, OPERATOR ERRORS,
SEVERE WEATHER, EARTHQUAKES, NATURAL DISASTERS, STRIKES
OR OTHER LABOR PROBLEMS, WARS, OR GOVERNMENTAL RESTRICTIONS,
THE SITE MATERIALS ON AND IN AND MADE AVAILABLE THROUGH
THIS SITE, OR THE SERVICES, INFORMATION, AND PRODUCTS
OFFERED IN CONNECTION THEREWITH, REGARDLESS OF LEGAL
THEORY, WHETHER OR NOT ANY PARTY HAD BEEN ADVISED OF
THE POSSIBILITY OR PROBABILITY OF SUCH DAMAGES, AND
EVEN IF THE REMEDIES OTHERWISE AVAILABLE FAIL OF THEIR
ESSENTIAL PURPOSE. UNDER NO CIRCUMSTANCES WILL THE TOTAL
LIABILITY OF IREMINDER TO YOU OR ANY OTHER PERSON OR
ENTITY IN CONNECTION WITH, BASED UPON, OR ARISING FROM
THIS SITE, THE SITE MATERIALS ON AND IN AND MADE AVAILABLE
THROUGH THIS SITE, OR THE SERVICES, INFORMATION, OR
PRODUCTS OFFERED IN CONNECTION THEREWITH EXCEED THE
PRICE PAID BY YOU FOR USE OF THIS SITE.
7. Corrections and Changes
iReminder endeavors to keep the Site and Site Materials
up-to-date. Without limiting anything else in these
Terms and Conditions or otherwise, iReminder is not
responsible for any errors or omissions in the Site
or Site Materials. iReminder may make changes to the
Site or Site Materials, or to the products, information,
or services made available in connection with this Site,
at any time with or without notice, and iReminder makes
no commitment to update the information contained on
or in this Site. iReminder reserves the right to terminate
your access to this Site in the event that you violate
these Terms and Conditions or for any reason whatever
or no reason, with or without notice, in addition to
any and all other remedies available at law or in equity.
8. Indemnification
You agree to defend, indemnify, and hold harmless iReminder,
its affiliates, its contractors, and all of their respective
directors, officers, employees, representatives, proprietors,
partners, shareholders, servants, principals, agents,
predecessors, successors, assigns, accountants, and
attorneys from and against any and all suits, actions,
claims, proceedings, damages, settlements, judgments,
injuries, liabilities, obligations, losses, risks, costs,
and expenses (including without limitation attorneys’
fees and litigation expenses) relating to or arising
from this Site, your use of this Site, your fraud, violation
of law, or willful misconduct, and any breach by you
of these Terms and Conditions.
9. Advertisements and Links to Other Web Sites
This Site may, from time to time, contain advertisements
and links to other Internet Web sites for the convenience
of users in locating information, products, or services
that may be of interest. These sites and advertisements
are maintained by organizations over which iReminder
exercises no control, and iReminder expressly disclaims
any and all responsibility for the content, the accuracy
of the information or quality of products or services
provided by or advertised on these third-party sites.
Without limiting anything else in these Terms and Conditions
or otherwise, iReminder is not responsible for any errors
or omissions in the Site or Site Materials, or for the
information, links, text, graphics, or other items made
available on other Web sites or by third parties.
10. Use of the Internet
Use of the Internet is solely at your own risk and is
subject to all applicable local, state, national, and
international laws and regulations.
11. Governing Law and Jurisdiction
These Terms and Conditions, including, without limitation,
the Privacy Statement, represent the entire agreement
between you and iReminder with respect to the subject
matter hereof, and supersede any and all prior and contemporaneous
written and oral representations, understandings, and
agreements, express and implied, and will be governed
by and construed in accordance with the laws of the
State of New Jersey, without reference to its conflict
of law rules; PROVIDED, HOWEVER, THAT THE TERMS OF ANY
APPLICABLE LAW NOW OR HEREAFTER ENACTED THAT IS BASED
ON, DERIVED FROM, SIMILAR TO, OR CONNECTED WITH THE
UNIFORM COMPUTER INFORMATION TRANSACTIONS ACT DRAFTED
BY THE NATIONAL CONFERENCE OF COMMISSIONERS ON UNIFORM
STATE LAWS SHALL NOT APPLY EXCEPT TO THE EXTENT THAT
THE LAW EXPRESSLY PROHIBITS ALTERATION BY THESE TERMS
AND CONDITIONS OF THE APPLICABILITY OF ONE OR MORE SECTIONS
OF THE LAW.
12. Miscellany
By accessing, viewing, or using the works, content,
or materials on this Site, you consent to the exclusive
jurisdiction of the federal and state courts presiding
in New Jersey, and agree to accept service of process
by personal delivery or mail and hereby waive any and
all jurisdictional and venue defenses otherwise available.
This Site is controlled and operated by iReminder from
its offices within the United States. Without limiting
anything else, iReminder makes no representation that
the works, content, materials, services, information,
or products available on, in, or through the Site are
appropriate or available for use in other locations,
and access to them from territories where they are illegal
is prohibited. Those who choose to access this Site
from other locations do so on their own volition and
are responsible for compliance with applicable laws.
The waiver or failure of iReminder to exercise in any
respect any right provided hereunder shall not be deemed
a waiver of such right in the future or a waiver of
any of other rights established under these Terms and
Conditions. Headings used in these Terms and Conditions,
including, without limitation, the Privacy Statement,
are for reference only and shall not affect the interpretation
of these Terms and Conditions (or the Privacy Statement).
The waiver or failure of iReminder to exercise in any
respect any right provided hereunder shall not be deemed
a waiver of such right in the future or a waiver of
any of other rights established under these Terms and
Conditions.
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