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Terms of Use

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1. Acceptance of Agreement
You agree to the terms and conditions outlined in this Web Site Terms of Use Agreement “Agreement” with respect to our site the “Site” . Each time you access this Site, you confirm your agreement to abide by this Agreement. This Agreement constitutes the entire and only agreement between us and you, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Site, the content, products or services provided by or through the Site, and the subject matter of this Agreement. This Agreement may be amended at any time from time to time by us, and we will provide reasonable prior notice to you before any such amendments are implemented. The latest Agreement will be posted on the Site and you should review this Agreement prior to each time that you use the Site.

2. Termination
We reserve the right to terminate this Agreement and your access to this Site, in whole or in part, at any time and for any or no reason.

3. Intellectual Property Rights
You hereby acknowledge and agree that as between you and Shift Work Disorder News, Shift Work Disorder News exclusively owns all worldwide right, title and interest in and to all contents, graphics, designs, data, computer codes, ideas, know-how, “look and feel,” compilations, magnetic translations, digital conversions and other matters included within the Site and related to the Site collectively “Materials” , and all modifications and derivative works thereof, and all worldwide copyrights, trademarks, service marks, patents, trade dress, trade secrets, moral rights and other intellectual or industrial property rights related thereto. The copying, redistribution, use or publication by you of any of the Materials or any part of the Site is strictly prohibited. You do not acquire any ownership rights to any of the Materials. Our posting of information or materials on the Site does not constitute a waiver of any of our rights in such Materials.

4. Trademarks
You hereby acknowledge and agree that Shift Work Disorder News marks on the Site are either trademarks or service marks of Shift Work Disorder News and shall remain our exclusive property.

5. Indemnity
You agree to indemnify, defend and hold harmless Shift Work Disorder News and each of their officers, directors, shareholders, employees, partners, sponsors, agents, attorneys, representatives, subsidiaries, affiliates, successors and assigns collectively “Affiliated Parties” from all liabilities, losses, damages, claims and expenses, including reasonable attorneys’ fees and costs, whether or not a lawsuit or other proceeding is filed, that in any way arises out of or relates to a your breach or violation of this Agreement, your use of the Site, any transactions or other activities you engage in with any third party service providers, third party merchant sites “Merchants” , your infringement or violation of the intellectual property or other rights of third parties, and/or your negligence or willful misconduct. In the event, you fail to promptly indemnify and defend such claims and/or pay our expenses , as provided above, we shall have the right to defend itself, and in that case, you shall reimburse us for all reasonable attorney’s fees, costs and damages incurred in settling or defending such claims within thirty 30 days of each of our written requests.

6. No Warranty
ALL WARRANTIES, EXPRESS OR IMPLIED OR STATUTORY, ARE HEREBY EXPRESSLY DISCLAIMED INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND/OR INFRINGEMENT OF THIRD PARTY RIGHTS OR ARISING OUT OF A COURSE OF CONDUCT OR TRADE CUSTOM OR USAGE . YOU UNDERSTAND AND AGREE THAT THE INFORMATION AND SERVICES ON THIS SITE MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. WE HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION OR SERVICE PROVIDED OR PURCHASES OF PRODUCTS VIA THE SITE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THE SITE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT. ALTHOUGH WE HAVE TAKEN MEASURES TO PROVIDE SECURITY FOR COMMUNICATIONS FROM YOU TO US VIA THIS SITE AND MAY HAVE REFERRED TO SUCH COMMUNICATION AS “SECURED,” WE CANNOT AND DO NOT PROVIDE ANY GUARANTY OR WARRANTY OF SUCH SECURITY.

7. Disclaimer and Limits
EXCEPT WHERE THE LAW REQUIRES A DIFFERENT STANDARD, YOU AGREE THAT NEITHER WE NOR THE SERVICE PROVIDERS AFFILIATED WITH THE SITE SHALL BE RESPONSIBLE FOR ANY LOSS, PROPERTY DAMAGE OR BODILY INJURY, WHETHER CAUSED BY THE EQUIPMENT, SOFTWARE, OUR AGENTS OR BY INTERNET BROWSER PROVIDERS SUCH AS FIREFOX BROWSER OR MICROSOFT, OR BY INTERNET ACCESS PROVIDERS OR BY ONLINE SERVICE PROVIDERS OR BY AN AGENT OR SUBCONTRACTOR OF THE FOREGOING. NOR SHALL WE, OR THE THIRD PARTY SERVICE PROVIDERS BE RESPONSIBLE FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, WHETHER FORESEEABLE OR NOT, WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT INCLUDING NEGLIGENCE STRICT LIABILITY OR OTHERWISE, THAT ARE IN ANY WAY RELATED TO THIS AGREEMENT, THE BREACH THEREOF, THE INSTALLATION, DOWNLOAD, USE, OR MAINTENANCE OF THE EQUIPMENT, SOFTWARE, SERVICES, OR INTERNET BROWSERS OR ACCESS SOFTWARE, ANY VIRUSES AFFECTING THIS SITE, THE USE OR INABILITY TO USE THIS SITE, THE RESULTS GENERATED FROM THIS USE OF THE SITE, LOSS OF GOODWILL OR PROFITS, LOST BUSINESS HOWEVER CHARACTERIZED AND/OR FROM ANY OTHER CAUSE WHATSOEVER. YOU FURTHER AGREE THAT EACH AND EVERY PROVISION OF THIS AGREEMENT THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES OR EXCLUSION OF DAMAGES IS EXPRESSLY INTENDED TO BE SEVERABLE AND INDEPENDENT OF ANY OTHER PROVISIONS SINCE THESE PROVISIONS REPRESENT SEPARATE ELEMENTS OF RISK ALLOCATION BETWEEN THE PARTIES AND SHALL BE SEPARATELY ENFORCED. THIS SITE AND THE INFORMATION HEREIN WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS.

8. Other Merchants and Products
We allow access to or advertise for Merchants from which you may purchase certain goods or services. You understand that we do not operate or control the products or services offered by Merchants. We are not a party to any transactions entered into between you and any Merchants. You agree that your use of such Merchants is AT YOUR OWN RISK AND IS WITHOUT WARRANTIES OF ANY KIND BY US, EXPRESSED, IMPLIED, STATUTORY OR OTHERWISE INCLUDING, WITHOUT LIMITATION THE IMPLIED WARRANTIES OF TITLE, FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, NONINFRINGEMENT OF THIRD PARTY RIGHTS, OR ARISING OUT OF COURSE OF CONDUCT OR TRADE CUSTOM OR USAGE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. UNDER NO CIRCUMSTANCES ARE WE LIABLE FOR ANY DAMAGES OR LOSSES ARISING FROM THE TRANSACTIONS BETWEEN YOU AND ANY MERCHANTS OR FOR ANY INFORMATION APPEARING ON MERCHANT SITES OR ANY OTHER SITE LINKED TO OUR SITE. All rules, policies including privacy policies and operating procedures of Merchants will apply to you while on such sites. We are not responsible for information provided by you to Merchants. We and the Merchants are independent contractors and neither party has authority to make any representations or commitments on behalf of the other. In addition, we have no liability to you in the event a product is listed at an incorrect price due to typographical errors in pricing information. Merchants shall be solely responsible for pricing and errors in pricing. Merchants shall have the sole right to refuse or cancel any orders placed for product listed at the incorrect price. Merchants shall also have the sole right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged.

9. Miscellaneous
This Site excluding linked sites is controlled by Shift Work Disorder News. Both parties agree that this Agreement shall be deemed executed and performed by both parties in San Diego, California.

10. Attorneys’ Fees
In the event a dispute arises regarding this Agreement or the use of the Site, the prevailing party shall be entitled to recover reasonable attorneys’ fees and costs incurred, in addition to damages and any other relief to which it is entitled.

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