TERMS AND CONDITIONS OF USE
IMPORTANT: PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THE BPANWarriors.org or BPANWarriors.com WEBSITE OR ANY VIDEO, AUDIO, APPLICATIONS, FEATURES OR FUNCTIONALITY AVAILABLE ON OR THROUGH THE WEBSITE (collectively, the “Site”).
MEDICAL AND HEALTH INFORMATION
You acknowledge and agree that the materials on the Site are provided for information purposes only and without warranties of any kind. The materials on the Site are not meant to be used for self-diagnosis or to replace the services of medical professionals. While BPAN Warriors endeavors to keep the materials on the Site current, healthcare information changes rapidly and thus, the materials on the Site should not be relied upon to be fully comprehensive or error free.
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 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 BPAN Warriors nor any of its officers, directors, agents, employees, information providers or content providers shall have any liability for your medical or health decisions based upon, or the results obtained from, the content on the Site.
In certain instances BPAN Warriors permits third parties to provide testimonials and information. BPAN Warriors may from time to time post articles and other information provided by third parties that might be of interest or benefit to the public. You acknowledge that the opinions and recommendations of third parties contained on the Site are not necessarily those of BPAN Warriors or endorsed by BPAN Warriors.
LINKS TO THIRD PARTY SITES
BPAN Warriors contains links to other websites (“Linked Sites”). The Linked Sites are not under the control of BPAN Warriors 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. BPAN Warriors is not responsible for webcasting or any other form of transmission received from any Linked Site. BPAN Warriors is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by BPAN Warriors of the site or any association with its operators.
LIMITATION OF LIABILITY
In no event and under no circumstances shall BPAN Warriors, its officers, directors, employees, agents, and attorneys be liable to you or any third party for special, incidental, punitive or consequential damages (including, without limitation, any loss of profits, lost savings, or loss of data) arising out of your (or any authorized user’s) or any unrelated party’s use or inability to use the Site, or your (or any authorized user’s) or any unrelated party’s reliance or use of information, products or services provided on or through the Internet, or that result from mistakes, omissions, interruptions, deletions of files or other data loss, errors, defects, delays in operation, service or transmission or any failure of performance of the Site.
DISCLAIMER OF WARRANTIES
THE SITES (INCLUDING, WITHOUT LIMITATION, ALL SERVICES AND CONTENT) ARE PROVIDED “AS IS” AND “WITH ALL FAULTS” WITHOUT WARRANTY OF ANY KIND AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. There is no warranty, representation or guarantee that the Sites will continuously operate or be error free or that any problems will be corrected, or that any information, software or other material accessible from the Sites is free of viruses, worms, Trojan horses or other harmful components. Further, we do not warrant, guarantee, or make any representations regarding the use of, or the results of the use of the Sites either in terms of its compatibility with hardware or other software, its reliability, currentness, or otherwise; and you rely on the Sites solely at your own risk. ANY AND ALL OTHER REPRESENTATIONS AND WARRANTIES INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND/OR FITNESS OF THE PRODUCT FOR A PARTICULAR USE OR PURPOSE, QUALITY, COURSE OF DEALINGS, USAGE OF TRADE, INACCURACY IN CONTENT CAUSED BY OUR FAILURE TO PERFORM WITH REASONABLE CARE, QUIET ENJOYMENT OR NON-INFRINGEMENT ARE HEREBY EXPRESSLY DISCLAIMED.
BPAN Warriors and its officers, directors, employees, agents, attorneys, and suppliers also assume no responsibility, and shall not be liable for, any damages to, or viruses that may infect, your computer equipment or other property on account of your access to, use of, or browsing in the Site or your downloading of any materials, data, text, images, video or audio from the Site.
BPAN WARRIORS COMMUNITY (“PUBLIC AREAS”)
The Site 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 the public at large or with a group (collectively, “Public Areas”). You agree to use the Public Areas only to post, send and receive messages and material that are proper and related to the particular Public Areas. By way of example, and not as a limitation, you agree that when using Public Areas, you will not:
Use Public Areas for any purpose in violation of local, state, national, or international laws;
Post material that infringes on the intellectual property rights of others or on the privacy or publicity rights of others;
Post material that is unlawful, obscene, defamatory, threatening, harassing, abusive, slanderous, hateful, or embarrassing to any other person or entity as determined by BPAN Warriors in its sole discretion;
Post advertisements or solicitations of business;
After receiving a warning, continue to disrupt the normal flow of dialogue, or post comments that are not related to the topic being discussed (unless it is clear the discussion is free-form);
Post chain letters or pyramid schemes;
Impersonate another person;
Distribute viruses or other harmful computer code;
Harvest, scrape or otherwise collect information about others, including email addresses, without their identification for posting or viewing comments;
Allow any other person or entity to use your identification for posting or viewing comments.
Post the same note more than once or “spam”; or
Engage in any other conduct that restricts or inhibits any other person from using or enjoying the Public Area or the Site, or which, in the judgment of BPAN Warriors, exposes BPAN Warriors or any of its customers or suppliers to any liability or detriment of any type.
BPAN Warriors has no obligation to monitor the Public Areas. However, BPAN Warriors reserves the right to review materials posted to Public Areas and to remove any materials in its sole discretion. BPAN Warriors reserves the right to terminate your access to any or all of the Public Areas at any time without notice for any reason whatsoever.
BPAN Warriors 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 BPAN Warriors’s sole discretion.
Always use caution when giving out any personally identifying information about yourself or your children in any Public Areas. BPAN Warriors does not control or endorse the content, messages or information found in any Public Areas and, therefore, BPAN Warriors specifically disclaims any liability with regard to the Public Areas and any actions resulting from your participation in any Public Areas.
You agree that exclusive jurisdiction for any dispute with BPAN Warriors, or in any way relating to your use of the Site, resides in the courts of Florida, and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the State of Florida in connection with any such dispute, including any claim involving BPAN Warriors or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers, and content providers.
These Terms and Conditions are governed by the laws of the State of Florida, without respect to its conflict of laws principles. If any provision of these Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect. No waiver of any of these Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or any other term or condition.