Terms
of Use
By: The
Reply Guy Real World PhD
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data, questions, artwork, comments, suggestions, or personal
information ("Submissions"), is and will be treated as
non-confidential and non-proprietary and we will not be liable for any use or
disclosure.
You hereby irrevocably assign to thereplyguy and the Affiliates all
right, title and interest in and to those Submissions, including, without
limitation, all patents, trademarks, service marks, trade names, trade
identities, copyrights, trade secrets, logos, domain names, know-how, source
code and object code, mask-work rights, inventions, moral rights, author's
rights, algorithms, rights in packaging, goodwill and other intellectual
property and proprietary rights that may subsist in the Submissions.
You further
agree that thereplyguy and the Affiliates will have the unfettered right
throughout the universe, in perpetuity, without any credit or compensation to
you, to use, reuse, modify, alter, display, archive, publish, license, perform,
reproduce, disclose, transmit, publish, broadcast, post, sell, translate,
create derivative works of, or distribute any submissions or portions of any
Submissions in any form, media, software or technology of any kind now known or
developed in the future for any purposes whatsoever including, without
limitation, developing, manufacturing and marketing products using such
information. You hereby waive any moral rights you may have in and to any of
your Submissions, even if such material is altered or changed in a manner not
agreeable to you. You represent that any Submissions are original with you and
do not infringe upon, misappropriate or violate the rights of any third
parties, including, without limitation, any intellectual property rights,
rights of publicity or privacy or any other proprietary rights.
You agree to
execute any documents and take all steps that thereplyguy determines are
necessary to affect the intentions of these Terms. You agree and understand
that thereplyguy is not obligated to use any Submission you make to thereplyguy
through the Web Site or otherwise.
thereplyguy and the Affiliates make no
representation or warranty whatsoever regarding the completeness, accuracy,
timeliness, availability, or adequacy of any information, facts, views,
opinions, statements or recommendations contained on the Web Site or in the
Content. This Web Site may be unavailable due to maintenance or malfunction of
equipment.
YOU UNDERSTAND AND AGREE THAT COMPANY LIMITS ITS
LIABILITY IN CONNECTION WITH YOUR USE OF THE WEB SITE AS SET FORTH BELOW:
NEITHER THEREPLYGUY NOR THE AFFILIATES ARE RESPONSIBLE FOR ANY DAMAGE TO ANY
USER'S COMPUTER, INCLUDING, WITHOUT IMITATION, DAMAGE FROM ANY SECURITY BREACH
OR FROM ANY VIRUS,
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L BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION,
DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE OR
ANY OTHER TECHNICAL OR OTHER MALFUNCTION.
EXCEPT WHERE PROHIBITED: YOU AGREE THAT
THEREPLYGUY AND THE AFFILIATES, AS APPLICABLE, ARE NOT LIABLE TO YOU FOR ANY
LOSS OR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, ANY DIRECT,
SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY, CONSEQUENTIAL, ECONOMIC OR PUNITIVE
DAMAGES), WHETHER BASED IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE
(INCLUDING, WITHOUT LIMITATION, WHETHER CAUSED IN WHOLE OR IN PART BY
NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, OR THEFT OR DESTRUCTION OF
THIS WEB SITE) INCLUDING, WITHOUT LIMITATION, RESULTING IN ANY WAY FROM OR IN
CONNECTION WITH: (1) THIS WEB SITE AND ITS CONTENT; (2) ANY ACTION TAKEN IN
CONNECTION WITH AN INVESTIGATION BY COMPANY OR LAW ENFORCEMENT AUTHORITIES
REGARDING YOUR USE OF THE WEB SITE; OR (3) ANY ERRORS OR OMISSIONS IN THE WEB
SITE'S TECHNICAL OPERATION, EVEN IF THEREPLYGUY OR THE AFFILIATES HAVE BEEN
ADVISED OF THE POSSIBILITY OF THOSE DAMAGES. IN NO EVENT WILL COMPANY OR THE
AFFILIATES BE LIABLE TO YOU OR ANYONE ELSE FOR LOSS OR INJURY, INCLUDING,
WITHOUT LIMITATION, DEATH OR PERSONAL INJURY. NOTWITHSTANDING ANY OTHER
PROVISION IN THESE TERMS, UNDER NO CIRCUMSTANCES WILL THEREPLYGUY OR THE
AFFILIATES BE LIABLE TO YOU FOR ANY REASON RELATED OR ANY CAUSE OF ACTION
WHATSOEVER IN AN AMOUNT GREATER THAN FIFTY DOLLARS ($50).
BY ACCESSING
THIS WEB SITE, I UNDERSTAND THAT I MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS
THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH
WAIVER, I ACKNOWLEDGE THAT I HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY
WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY
SIMILAR LAW OF ANY STATE OR TERRITORY, WHICH PROVIDES AS FOLLOWS: "A
GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR
SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF
KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE
DEBTOR." |
IF YOU DO NOT AGREE TO BE BOUND BY ALL OF THESE
TERMS, DO NOT USE THIS WEB SITE.
You agree to comply with all rules, laws and
regulations that are applicable to your use of the Web Site, including, without
limitation, those governing your transmission or use of any software or data.
This Web Site and its Content is for
informational and entertainment purposes only and is not intended to replace or
substitute for any professional advice. thereplyguy and the Affiliates make no
representations or warranties and expressly disclaim any and all liability
concerning any treatment or action by any person following the information
offered or provided within or through the Web Site. If you have specific
concerns or a situation in which you require professional or medical advice,
you should consult with an appropriately trained and qualified specialist.
By using this Web Site, you agree to indemnify,
defend and hold harmless thereplyguy and the Affiliates from and against any
actual or alleged claims, demands, causes of action, judgments, damages,
losses, liabilities, and all costs and expenses of defense (including, without
limitation, reasonable attorneys' and other legal fees and costs) arising out
of or relating to: (1) your violation of these Terms or any law, rule or
regulation; (2) a claim that is based on your use of the Content; or (3) any
content uploaded by you or through your computer to the Web Site or otherwise
sent by you to thereplyguy. You will cooperate as fully and reasonably as required
by thereplyguy or the Affiliates in the defense of any claim. Company reserves
the right to assume the exclusive defense and control of any matter subject to
indemnification by you, and you will not in any event settle any claim without
the prior written consent of thereplyguy.
Unless otherwise expressly authorized in these
Terms or on the Web Site, you further agree that you will not, in whole or in
part, modify, reproduce, archive, transfer by any means, create derivative
works from, publish in any form, online or offline, disseminate, or circulate
to any third-party, or otherwise use the Content in any way for any public or
commercial purpose.
This Web Site is not directed to children
younger than 13, and does not knowingly collect any personally identifiable
information from children younger than 13. If you are younger than 13, do not
send any information about yourself to the Web Site. If thereplyguy discovers
that a person younger than 13 has provided the Web Site with personally
identifiable information, thereplyguy will delete that person's personally
identifiable information.
Except as otherwise described in the Web Site's
Privacy Policy, anything you submit to thereplyguy through this Web Site or
otherwise (whether solicited or unsolicited), including, without limitation,
any ideas,
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