ARBITRATION NOTICE AND CLASS ACTION WAIVER: EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE ARBITRATION SECTION BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND THE MODERN BELLY WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
The content available on The Modern Belly website, such as articles, posts, text, images, graphics, video, user-generated content, and other materials (“Content”), is intended for informational and educational purposes only. The Website does not provide medical advice. The Content is not intended to be a substitute for professional medical advice, and should not be used during any medical emergency or for the diagnosis or treatment of any medical condition. Always seek the advice of a licensed physician or other qualified health provider regarding any and all medical condition and before starting any new treatment. Never disregard or delay seeking professional medical advice because of something you have read on The Modern Belly Website. Call 911 for all medical emergencies.
While The Modern Belly strives to keep the Content that it posts on the Website accurate, complete, and up-to-date, The Modern Belly cannot guarantee, and is not responsible for, the accuracy, completeness, or timeliness of any Content, whether provided by The Modern Belly or its licensors, vendors and/or service providers, or by Users of the Web Site. The Modern Belly does not recommend or endorse any specific tests, physicians, products, procedures, opinions, or other information that may be mentioned on the Website. Any opinions, advice, statements or other information expressed or made available by Users or third parties are those of the respective User or other third party and not of The Modern Belly. Reliance on any information provided by the Website, others appearing on the Website at the invitation of The Modern Belly, or other User of the Website, is solely at your own risk.
This Website is directed to adults and is not intended for or designed to attract children under the age of 13. We do not collect personally identifiable information from any person we actually know is a child under the age of 13.
Use of Content
To access certain features of this Website, you may be required to provide personal and/or demographic information as part of a site registration or log-in process, or log in using your Facebook login information. You agree to provide true, accurate, current and complete information as prompted by the applicable registration or log-in form, and you are responsible for keeping such information updated (including your contact information, so that we can reliably contact you). You shall not: (i) select or use as a username a name of another person with the intent to impersonate that person; (ii) use as a username a name subject to any rights of a person other than you without appropriate authorization; or (iii) use, as a username, a name that is otherwise offensive, vulgar or obscene. You are solely responsible for all activity occurring when this Website is accessed through your account, whether authorized by you or not. The Modern Belly is not liable for any loss or damage arising from your failure to protect your username or password. You agree to immediately notify The Modern Belly of any unauthorized use of your username or password or any other breach of security related to your account, your username or this Website.
Rules and Conduct
By way of example, and not as a limitation, you shall not (and shall not permit any third party to) either (a) take any action or (b) upload, download, post, submit or otherwise distribute or facilitate distribution of any content on or through the Website, including without limitation any User-Generated Content, that:
- infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any other person or entity or violates any law or contractual duty;
- you know is false, misleading, untruthful or inaccurate;
- is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, obscene, pornographic, offensive, profane, or is otherwise inappropriate as determined by The Modern Belly in its sole discretion;
- constitutes unsolicited or unauthorized advertising or promotional material or any junk mail, bulk email, spam or chain letters;
- contains software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password or other information of The Modern Belly or any third party;
- impersonates any person or entity, including any employee or representative of The Modern Belly; or
- includes anyone’s identification documents or sensitive financial information.
Additionally, you shall not: (i) take any action that imposes or may impose (as determined by The Modern Belly in its sole discretion) an unreasonable or disproportionately large load on The Modern Belly’s (or its third party providers’) infrastructure; (ii) interfere or attempt to interfere with the proper working of the Website or any activities conducted on the Website; (iii) bypass, circumvent or attempt to bypass or circumvent any measures The Modern Belly may use to prevent or restrict access to the Website (or other accounts, computer systems or networks connected to the Website); (iv) run Maillist, Listserv, any form of auto-responder or “spam” on the Website; (v) use manual or automated software, devices, or other processes to “crawl” or “spider” any page of the Website; (vi) harvest or scrape any Content from the Website; or (vii) otherwise take any action in violation of our guidelines and policies.
You shall not (directly or indirectly): (i) decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Website, except to the limited extent applicable laws specifically prohibit such restriction, (ii) modify, translate, or otherwise create derivative works of any part of the Website, or (iii) copy, rent, lease, distribute, or otherwise transfer any of the rights that you receive hereunder. You shall abide by all applicable local, state, national and international laws and regulations.
You are independently responsible for complying with all applicable laws in all of your actions related to your use of The Modern Belly’s services, regardless of the purpose of the use.
Linking Policy and Third Party Sites
This Website may contain links to other websites or to third party sellers of products and services, and other websites or resources may contain links to the Site. When you access third party websites, you do so at your own risk. These other websites and resources are not under The Modern Belly’s control, and you acknowledge that The Modern Belly is not responsible or liable for the content of any such sites, or the products and services sold on them, nor does it take responsibility for the accuracy of any such sites. The inclusion of any such link does not imply The Modern Belly’s endorsement or any association between The Modern Belly and their operators. You further acknowledge and agree that The Modern Belly shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such website or resource.
Disclaimer of Warranty
The Modern Belly has no special relationship with or fiduciary duty to you. You acknowledge that The Modern Belly has no control over, and no duty to take any action regarding which users gain access to the Website; what Content you access via the Website; or how you may interpret or use the Content.
You release The Modern Belly from all liability for you having acquired or not acquired Content through the Website. The Modern Belly makes no representations concerning any Content contained in or accessed through the Website, and will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material or Content contained in or accessed through the Website.
The Website and Content are provided on an “as is” and “as available” basis. To the fullest extent permitted under applicable law, The Modern Belly expressly disclaims all representations and warranties of any kind with respect to the Website, the Content and any other products or services available on or through this Website, express or implied, including, but not limited to, any and all warranties of non-infringement and title; of merchantability and fitness for a particular purpose; and any warranties implied by any course of performance or usage of trade, all of which are expressly disclaimed.
Limitation of Liability
IN NO EVENT SHALL THE MODERN BELLY, NOR ITS DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS, BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE SERVICE (I) FOR ANY LOST PROFITS, DATA LOSS, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, COMPENSATORY OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, SUBSTITUTE GOODS OR SERVICES (HOWEVER ARISING), (II) FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION), OR (III) FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) ONE-HUNDRED U.S. DOLLARS ($100.00). SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
If the prohibition against class actions and other claims brought on behalf of third parties contained above is found to be unenforceable, then all of the preceding language in this Arbitration clause will be null and void. This arbitration agreement will survive the termination of your relationship with The Modern Belly.
Governing Law and Jurisdiction
This Agreement shall remain in full force and effect while you use the Website. You may terminate your use of the Website at any time. The Modern Belly may terminate or suspend your access to the Website at any time, for any reason, and without warning, which may result in the forfeiture and destruction of all information associated with your account. The Modern Belly may also terminate or suspend any and all services and access to the Website immediately, without prior notice or liability, if you breach any of the terms or conditions of this Agreement. Upon termination of your account, your right to access the Website and any Content will immediately cease. All provisions of this Agreement which, by their nature, should survive termination, shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability.