Thank you for visiting eatingdisorderrecovery.com ("The Site"). By using The Site, you are creating a legal and binding agreement between you ("you" and "your") and Joanna Poppink ("Owner") that includes all of the following terms of your use of The Site. Owner shall be free to change these terms at any time by posting the same on The Site without any individual notice to you.
Before you accept this agreement, you should note that other parties may post materials that you may find offensive, triggering, or otherwise bothersome. The content of The Site is open to everyone on the Internet. Please also note that your are bound by the terms of this entire agreement, even if you have not read it.
It is also possible that other parties may obtain information about you that you may consider personal and that they may use such information in a manner that you may find objectionable. You should not leave personally identifying information about yourself on The Site. You must understand that any information you post is not private and therefore others may access and view it. Thus you should be careful about the information you provide.
- The Site. Owner can change the content of The Site at any time, and these terms automatically cover any additions or changes. Owner reserves the right to discontinue The Site or terminate your access to The Site at any time. No such actions shall constitute a breach or violation of this agreement on Owner's part.
- Your Responsibilities. You shall be exclusively responsible for anything you post, publish, or otherwise put up on The Site ("Material" in this agreement, and the term "Material" shall include but shall not be limited to any information as well as any photographs, descriptions, biographical material including your name and any professional names and pseudonyms, e-mail information or the like you provide or any information as to any jobs, internships, support groups, or any other information) and everything and all Material that you post, publish, or otherwise put up or transmit shall be subject to all of your representations, warranties, obligations, and indemnities contained in this agreement. You are responsible for maintaining the confidentiality of any user identification, password, and account provided to you as part of your use of The Site and you are fully responsible for all activities that occur under your user identification, password, or account. Owner reserves the right but has no obligation to reject any Material brought to Owner's attention, but Owner shall not, as a regular matter, review, edit, censor, or otherwise maintain any supervisory role with regard to any Material. You agree that you will not post on The Site or otherwise publish, transmit, republish, or retransmit to others:
- any Material that may violate the rights of any other party, including but not limited to any rights of privacy, libel, slander, copyright, trademark, or other rights, nor any Material that is obscene, offensive, racist, sexually explicit, harassing, or in violation of the laws of any state, country, province, or any other governmental entity anywhere in the world;
- any Material, including but not limited to any Material contained in your profile or other identifying information, that includes either your or any other party's telephone number, street address, last names, URL, or other website designations; anatomical or sexual references; or sexually suggestive language;
- any photographs, graphics, or the like in any format containing nudity or information that anyone can use to identify you;
- any encrypted Material;
- any Material that is advertising or involves the commercial or other solicitation in any manner of any commercial nature, whether for you or any other party and whether or not considered to be "spam" or junk e-mail and whether or not mailed individually or as part of a mass mailing;
- any Material that may be deemed to be or is a chain letter or the like; and
- any Material that contains or delivers any form of viruses, Trojan horses, and so forth.
Additionally, you understand that everyone who posts or provides any Material to The Site, including but not limited to advertisers who advertise on The Site and those whose sites may link to The Site, may own rights to that Material or such advertisements and related matters, and you agree that you shall not copy, transmit, repost, or otherwise use any such Material or such advertisements and related matters anywhere without the express, prior, and written permission of the owner of that Material or such advertisements and related matters.
- You further agree that you shall not:
- interrupt or disrupt, or attempt to interrupt or disrupt, The Site in any way nor prevent or impede any other party's access to The Site;
- provide false or misleading information about yourself or others, except that you may use a screen name or other name for purposes of privacy;
- modify or change any aspect of The Site; and
- collect or store data about other users.
Violations of this agreement, including but not limited to the above policies, under appropriate circumstances and/or for certain repeat offenders, shall result in the termination of subscribers and account holders and other users of The Site, Owner's network, or Owner's services. Owner holds registration under the Digital Millennium Copyright Act of 1998 and pursuant to that act as well as Owner's other rights and remedies, but not in limitation thereof, Owner may remove any materials that, at Owner's sole discretion, may be illegal, may subject Owner to liability, or may violate the within policies of this agreement and that Owner may act in accordance with direction from law enforcement officials or pursuant to court orders. The provisions of the Digital Millennium Copyright Act of 1998 shall govern any claims from copyright holders and responses thereto.
- Owner's Rights. Owner reserves the right, and by entering into this agreement you expressly consent, to allow Owner to access all Material and other information you post on The Site as well as the right to monitor any and all activities on The Site, including the right to remove any Material that Owner deems in violation of this agreement, but Owner shall not have the obligation to do so and Owner shall not, as a regular matter, review, edit, censor, or otherwise maintain any supervisory role with regard to any such activities or such Material. You expressly consent to allow Owner the right to store and make copies of all of your Material and other information you post. You also agree that Owner may preserve Material and information about you and may disclose Material if required to do so by law or in the good-faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the terms of this agreement; (c) respond to claims that any Material violates the rights of third parties; or (d) protect the rights, property, or personal safety of Owner, The Site, the users of The Site, and the public. You acknowledge that there is no confidential or privileged relationship between you and Owner as to any Material you post or read on The Site or any other communications between you and Owner. Owner is the proprietor of all of Owner's copyrights, trademarks, and other proprietary rights, and you shall have no rights of any sort in and to nor shall you use any of Owner's proprietary rights. You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of The Site, except that you may forward certain pages of The Site to a small number of other parties who may be interested in the information, provided the particular page expressly allows you to do so. You hereby give and grant to Owner, its successors, assigns, and licensees the non-exclusive right to use, copy, display, post, repost, distribute, or make compilations, data bases, derivatives, and other versions of the Material, including but not limited to incorporating the Material into other works, and the within grant shall be a grant to Owner and its successors, assigns, and licensees both during the term of this agreement and after this agreement terminates for any reason and in perpetuity and may not be revoked by you for any reason. Owner shall have the right to sell, assign, and otherwise transfer any or all of its rights in this agreement to any other party.
You further acknowledge that Owner may establish general practices and limits concerning use of The Site, including but not limited to the maximum number of days that Owner retains e-mail messages, message board postings, or other uploaded Material; the maximum number of e-mail messages that you may send or receive; the maximum size of any e-mail messages that you may send or receive; the maximum disk space that Owner will allot on your behalf on Owner's servers; and the maximum number of times (and the maximum duration for which) you may access The Site in a given period of time. You agree that Owner has no responsibility or liability for the deletion or failure to store any messages and other communications or other Material. You acknowledge that Owner reserves the right to log off accounts that are inactive for an extended period of time.
- Interpretation of This Agreement. It is the intention of Owner in this agreement and with regard to The Site to make certain that no party deems Owner to be a publisher of any Material and responsible in any manner for the conduct of you or any other party or otherwise. As such, this agreement and The Site do not make Owner liable in any manner for any Material, such conduct, or otherwise, and make Owner's actions consistent and compliant with all laws, anywhere in the world, whether now in existence or hereafter enacted.
- Your Promises.You represent and warrant:
- that you are over the age of 14;
- that if you post and lead a support group, you represent and warrant that you are over the age of 21;
- that neither the Material nor entering into this agreement by you will impair or violate any rights of any party as set forth above and that all of the Material complies and will comply with all applicable laws, statutes, and regulations of any governmental or other body exercising jurisdiction over this agreement, The Site, or otherwise anywhere in the world;
- that the Material is original with you;
- that you shall be solely responsible for full compliance under all state and federal laws, statutes, regulations, and the like regulating this agreement, The Site, or otherwise; and
- that you shall not seek to hold Owner nor any of Owner's agents, attorneys, or others liable in any manner for anything that may result from your or another person's use of The Site.
These warranties shall survive the termination of this agreement.
- Your Indemnities. You shall defend and save and hold harmless Owner, Owner's licensees, partners, employees, agents, attorneys, or other parties against any and all claims, demands, costs, awards, damages, and the like, including attorney’s fees, that may arise from a breach or claimed breach of any of your warranties, representations, promises, or obligations under this agreement, whether or not a breach of those warranties, representations, promises, or obligations is finally sustained and whether or not any litigation or claim is filed, or for any other cause of action or claims by any third parties, including but not limited to any governmental body, whether or not any litigation or claim is filed or sustained. These indemnities shall survive the termination of this agreement.
- No Warranties: Owner provides The Site and all of its components, including but not limited to any articles, columns, information, discussion groups, chat rooms, the like, and advertising, on an "as is" basis without any warranties, express or implied, of any kind whether as to use, merchantability, fitness for a particular purpose, or otherwise. You are using The Site at your own risk. Owner does not warrant or guarantee the correctness of any material or information posted on or information obtained from The Site, whether by or from Owner or by or from any other party. Owner does not guarantee or warrant that you shall achieve any particular results from using the information from or related to The Site. Owner shall not be responsible for any acts or omissions by any party, including but not limited to any parties you may communicate with or have any contact with, nor for the activities of "hackers" or those who might invade or disrupt The Site or take information, including Material, from The Site or otherwise. Owner does not endorse or support any Material, including any advertising posted by any party or otherwise provided on The Site. Owner does not endorse or support any sites that may link to The Site or that provide information or services to The Site. Owner shall not be liable for any acts or omissions by any party, including but not limited to advertisers, employers or potential employers, parties offering internships or other opportunities, or any other parties, or for the acts or omissions of any party to whom The Site has provided any links or which other party may provide information or services to The Site or to you. Owner shall not be liable to you or any other party for any direct or indirect compensatory, special, incidental, or consequential damages or costs of any character, including but not limited to damages or costs for personal injury of any sort, emotional injury of any sort, copyright infringement, trademark infringement, patent infringement, libel, slander, invasion of privacy, interference with the rights of publicity, loss of goodwill, loss of data, lost profits, work stoppage, or computer failure or malfunction, nor for failure of Owner or any other web hosting or other server nor any failure of Owner or any other party to provide Internet access for any period of time nor for any cause outside of Owner's control nor for any and all other damages or costs, including punitive damages or losses. Owner will not be liable for any damages or costs in excess of the total contract price for the services rendered herein, even if Owner shall have been informed of the possibility of such damages or costs, or for any claim by any other party. The laws of certain states or jurisdictions may limit the within limitation of warranties, and so some of the foregoing limitations may not apply to you and you may have other rights that may vary from state to state.