THESE TERMS OF USE, AS MODIFIED OR AMENDED FROM TIME TO TIME (“Terms”) ARE A BINDING CONTRACT BETWEEN MIND YOURSELF CHICAGO (“Mind Yourself Chicago.com” or “we” or “us”) AND YOU (“you” or “user”). BEFORE USING THE MIND YOURSELF CHICAGO.COM WEBSITE (collectively, the “Website” or the “Site”) OR ANY VIDEO, AUDIO, APPLICATIONS, FEATURES OR FUNCTIONALITY AVAILABLE ON OR THROUGH THE WEBSITE, PLEASE READ THESE TERMS CAREFULLY. BY USING THE WEBSITE, YOU AGREE TO BE BOUND BY THESE TERMS, INCLUDING THE PRIVACY POLICY, AND YOU AGREE TO FOLLOW THE GUIDELINES AND POLICIES THAT MIND YOURSELF CHICAGO MAY POST ON THE SITE OR PROVIDE TO YOU FROM TIME TO TIME. IF YOU DO NOT AGREE TO THESE TERMS, YOU ARE NOT AUTHORIZED TO USE THE WEBSITE, IN WHICH CASE YOU SHOULD IMMEDIATELY EXIT AND NOT USE THE WEBSITE. MIND YOURSELF CHICAGO MAKES THE WEBSITE CONTENT AND INFORMATION ON THE WEBSITE AVAILABLE TO YOU CONDITIONED UPON YOUR ACCEPTANCE, WITHOUT MODIFICATION, OF THE TERMS. THESE TERMS APPLY TO ALL USERS, INCLUDING VISITORS TO THE WEBSITE, AND REGISTERED MEMBERS.
The information from or through this site is provided “as-is,” “as available,” and all warranties, expressed or implied, are disclaimed (including but not limited to the disclaimer of any implied warranties of merchantability and fitness for a particular purpose). The information may contain errors, problems or other limitations. Our sole and entire maximum liability for any inaccurate information, for any reason, and user’s sole and exclusive remedy for any cause whatsoever, shall be limited to the amount paid by the customer for the information received (if any). We are not liable for any indirect, special, incidental, or consequential damages (including damages for loss of business, loss of profits, litigation, or the like). Whether based on breach of contract, breach of warranty, tort (including negligence), product liability or otherwise, even if advised of the possibility of such damage. The limitations of damages set forth above are fundamental elements of the basis of the bargain between us and you. We would not provide this site and information without such limitations. No representations, warranties or guarantees whatsoever are made as to the accuracy, adequacy, reliability, currentness, completeness, suitability or applicability of the information to a particular situation.
Description of the Website
Mind Yourself Chicago is for general research, informational, and entertainment purposes only. We publish articles, directory listings, video, audio, or other content from current and past contributors. The information on the Website represents the opinions and perspectives of a variety of contributors and users of the Website since its inception. You should assume that we have not independently verified the accuracy, thoroughness, or relevance of the content available on the Website. All of the content and information appearing on the Website is subject to the disclaimer set forth below.
Disclaimer
THE WEBSITE MAY CONTAIN ADVICE, OPINIONS, INSTRUCTIONS AND STATEMENTS FROM MIND YOURSELF CHICAGO, ITS USERS AND OTHER CONTENT AND INFORMATION PROVIDERS. THIS CONTENT IS INTENDED TO BE USED FOR INFORMATIONAL AND ENTERTAINMENT PURPOSES ONLY. YOU USE THE SITE AND CONTENT AT YOUR OWN RISK. WE STRONGLY URGE YOU TO CONSULT A PROFESSIONAL OR SOME OTHER AUTHORITY IN THE APPROPRIATE FIELD BEFORE USING ANY OF THE CONTENT. THE SITE IS PROVIDED BY MIND YOURSELF CHICAGO ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, MIND YOURSELF CHICAGO MAKES NO REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION OR CONTENT INCLUDED ON THE SITE. MIND YOURSELF CHICAGO MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE SITE WILL BE UNINTERRUPTED, ERROR-FREE, VIRUS-FREE, SECURE, OR TIMELY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, MIND YOURSELF CHICAGO EXPRESSLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED REPRESENTATIONS, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT AND THOSE ARISING FROM A COURSE OF DEALING, TRADE, USAGE OR PERFORMANCE. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, AND THEREFORE SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. WE URGE YOU TO KEEP BACKUP COPIES OF CONTENT AND OTHER MATERIAL, IF ANY, THAT YOU MAINTAIN ON OR USE WITH THE WEBSITE. IF YOUR USE OF THE WEBSITE RESULTS IN THE NEED FOR SERVICING OR REPLACING PROPERTY, MATERIAL, EQUIPMENT OR DATA, WE ARE NOT RESPONSIBLE FOR ANY RESULTING COSTS OR DAMAGES.
The content located on the Website should not be interpreted as medical or health advice. The content should not be used to diagnose, treat or cure any medical or health condition nor should it be interpreted as creating any kind of doctor-patient or health/medical advisor relationship. You should NOT rely upon the medical, health, dietary, nutritional or other professional information or opinions provided and you should always speak to your personal health care provider before beginning, changing or stopping any medication or any treatment for a health problem. You are solely responsible for any decisions, omissions or actions you take based on choosing to seek or not to seek professional medical care, or choosing or not choosing specific treatments. Neither Mind Yourself Chicago, nor any of their respective agents, employees, information providers or content providers shall have any liability for your medical, health, dietary or nutritional decisions based upon, or the results obtained from, the content on the Website.
Mind Yourself Chicago makes no warranties, express or implied, as to the completeness, accuracy, or appropriateness for any purpose of any information or content contained in its programs. Please seek advice of professionals as appropriate regarding the evaluation of any specific information, opinion, advice or content.
Since operation and functionality of the Website depend on factors such as the type of hardware, software, or network you are using, there is a possibility that the Website may not work on your computer, be interrupted or have errors in its operation, or may interfere or even harm the operation of your computer; Mind Yourself Chicago does not warrant the successful operation of the Website on your computer, and we are not liable for any such problems that result from your use of the Website.
Modifications to the Website
We reserve the right from time to time to temporarily or permanently modify or discontinue, and restrict or block access to, the Website (or any part thereof) without notice. We may temporarily or permanently modify or remove any part or all of your content from the Website at any time without any notice to you. We will not be liable to you or any third party for any such modification, suspension, discontinuance or removal and any such action by us will not affect Mind Yourself Chicago’s license to your content as stated herein.
Use of the Service by You
Unless otherwise specified, the Website is intended for your personal use only. You may not authorize others to use the Website, and you are responsible for all use of the Website by you and by those you allow to use, or provide access to, the Website.
The Website contains material that is protected by state, national and international copyright, trademark and other intellectual property laws. You may not modify, copy, reproduce, republish, upload, post, transmit or distribute in any way any material, including code and software, from the Website. You may download material from the Website and may use the Website for your personal use only, provided you keep intact all copyright and other proprietary notices.
The Website is not intended for users under the age of 13, and Website Provider does not knowingly collect personally identifiable information from users under the age of 13. Such users are expressly prohibited from submitting their personally identifiable information to us, and from using our forums and chat areas; any information submitted by such users will not knowingly be used, posted, or retained by us.
You agree not to place on the Website any material that is abusive, harassing, racist, or hateful. Further, you may not place on the Website any material that is encrypted, constitutes junk mail or unauthorized advertising, or commercial offers, invades anyone’s privacy, or encourages conduct that would constitute a criminal offense, give rise to civil liability, or that otherwise violates any local, state, federal, national or international law or regulation. You agree to use the Website only for lawful purposes and you acknowledge that your failure to do so may subject you to civil and criminal liability.
If submissions or comments are consistently marked as spam by the Mind Yourself Chicago community, blatantly promote a product or service, or are completely unrelated to Mind Yourself Chicago’s focus of sharing news and information on healthy living, we reserve the right to suspend the offending account and/or ban the domain.
You are responsible for ensuring that any material you provide to the Website or post on a bulletin board or forum or elsewhere, including but not limited to text, photographs and sound, does not violate the copyright, trademark, trade secret or any other personal or proprietary rights of any third party or is posted with the permission of the owner(s) of such rights.
The content, organization, graphics, text, images, video, design, compilation, advertising and all other material on the Website, including without limitation, the look and feel of this Website, are protected under applicable copyrights and other proprietary (including but not limited to intellectual property) rights and are the property of Website Provider or its licensors. The copying, rearrangement, redistribution, modification, use or publication by you, directly or indirectly, of any such matters or any part of the Website, including but not limited to the removal or alteration of advertising, except for the limited rights of use granted hereunder, is strictly prohibited.
You may not in any way make commercial or other unauthorized use, by publication, re-transmission, distribution, performance, caching, or otherwise, of material obtained through the Website, except as permitted by the Copyright Act or other law or as expressly permitted in writing by this Agreement, Service Provider or the Website.
You agree not to disrupt, overwhelm, attack, modify or interfere with the Website or its associated software, hardware and/or servers in any way, and you agree not to impede or interfere with others’ use of the Website. You further agree not to alter or tamper with any information or materials on or associated with the Website.
Other than connecting to Service Provider’s servers by http requests using a Web browser, you may not attempt to gain access to Service Provider’s servers by any means – including, without limitation, by using administrator passwords or by masquerading as an administrator while using the Website or otherwise.
You acknowledge that Service Provider has not reviewed and does not endorse the content of all sites linked to from this Website and is not responsible for the content or actions of any other sites linked to from this Website. Your linking to any service or site is at your sole risk.
Dealing with merchants, links
The Website contains advertisements, offers, or other links to other websites and resources of third parties that we do not control. That information, as well as advertisements, may or may not be or remain wholly accurate. You acknowledge and agree that Mind Yourself Chicago is not responsible or liable for (i) the availability or accuracy of such sites or resources; or (ii) the content, advertising, or products or services on or available from such sites or resources. The inclusion of any link on the Website does not imply that we endorse the linked site. You use the links at your own risk. Mind Yourself Chicago’s Privacy Policy is applicable only when you are on our Website. Once you choose to link to another website, you should read and understand that website’s privacy statement before disclosing any personal information.
Your correspondence or business dealings with, or participation in promotions of, third party merchants or advertisers that are found on or through the Website or which provide links on the Website, including, for example, “click to purchase” and other similar programs, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such merchant or advertiser. You waive any claim against Mind Yourself Chicago and agree to hold Mind Yourself Chicago harmless from any loss or damage of any kind incurred as the result of any such dealings or as the result of the presence of such merchants or advertisers on the Website.
Privacy Policy
Please see our Privacy Policy. Our Privacy Policy is part of and incorporated into these Terms.
Indemnification
As a condition of your access to and use of the Website, you agree to hold Mind Yourself Chicago, officers, directors, employees, agents, attorneys, and suppliers, and each of their respective successors and assigns, harmless from, and indemnify them for, all damages, costs, expenses and other liabilities, including but not limited to attorneys’ fees and expenses, relating to any claim arising out of or related to: (i) your access to and use of the Website and the content therein; (ii) your violation of these Terms (including terms incorporated into them, e.g., the Privacy Policy), and any applicable law or the rights of another person or party; (iii) any dispute you have or claim to have with one or more users of the Website; (iv) Mind Yourself Chicago’s resolution (if any) of any dispute you have or claim to have with one or more users of the Website; (v) your improper authorization for Mind Yourself Chicago to collect, use or disclose any data or user generated content provided by you; and (vi) any disclosures made with your permission (including, without limitation, your consent that Mind Yourself Chicago disclose your personal information and other information collected as set forth in our Privacy Policy). Furthermore, you fully understand and agree that: (a) Mind Yourself Chicago will have the right but not the obligation to resolve disputes between users relating to the Website and Mind Yourself Chicago’s resolution of a particular dispute does not a create an obligation to resolve any other dispute; and (b) Mind Yourself Chicago’s resolution of a dispute will be final with respect to the Website.
Exclusion of damages, limitations of liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU AGREE THAT NEITHER MIND YOURSELF CHICAGO, NOR THEIR SUBSIDIARIES, AFFILIATES , OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, ATTORNEYS AND SUPPLIERS, NOR EACH OF THEIR RESPECTIVE SUCCESSORS AND ASSIGNS, WILL BE LIABLE TO YOU AND/OR ANY OTHER PERSON FOR DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, SPECIAL OR CONSEQUENTIAL DAMAGES, LOST PROFITS, LOST REVENUE, LOSS OF DATA, LOSS OF PRIVACY, LOSS OF GOODWILL OR ANY OTHER LOSSES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IN THE EVENT OF FAULT, TORT (INCLUDING NEGLIGENCE) OR STRICT OR PRODUCT LIABILITY. WITHOUT LIMITING THE FOREGOING, IN NO EVENT WILL THE AGGREGATE LIABILITY TO YOU OF MIND YOURSELF CHICAGO, AND THEIR SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, ATTORNEYS, AND SUPPLIERS AND EACH OF THEIR RESPECTIVE SUCCESSORS AND ASSIGNS EXCEED, IN TOTAL, THE AMOUNTS PAID BY YOU TO US.
