Disclaimers, Exclusions, and Limits on Liability
The use of this Web site and its Content is at your own risk. When using this Web site, information will be transmitted over a medium that is beyond our control and that of our licensors. As a result, we do not assume any liability for or relating to the delay, failure, interruption, or corruption of any data or other information transmitted in connection with your use of the Web site.
This Web site, its Content, service quality and access are provided on an “as is” basis. SBRA, to the fullest extent permitted by law, disclaims all warranties, either express or implied, statutory or otherwise, including but not limited to the implied warranties of merchantability, non-infringement of third-parties’ rights, and fitness for a particular purpose. Specifically, SBRA makes no representations or warranties regarding the accuracy, completeness, currency or timeliness of the Content or links provided on or through the use of this Web site. In no event shall SBRA or any third parties mentioned on the SBRA Web site be liable for any damages (including, without limitation, incidental and consequential damages, personal injury/wrongful death, lost profits, or damages resulting from lost data or business interruption) resulting from the use or inability to use the SBRA Web site or the Content, whether based on warranty, contract, tort or any other legal theory, and whether or not SBRA is advised of the possibility of such damages. SBRA is not liable for any personal injury, including death, caused by your use or misuse of the Web site or Content. Any claims made by you in connection with your use of the Web site or any Content must be brought within one (1) year of the date on which the event giving rise to such action occurred. All remedies set forth in these Terms and Conditions of Use are exclusive and are limited to those expressly provided for in these Terms and Conditions of Use.
Ownership and Use of Content
All SBRA Web site design, text, graphics and the selection and arrangement there of are intellectual property of SBRA; All Rights Reserved.
The Content is subject to change or deletion without notice and in SBRA’s sole editorial discretion. All rights not expressly granted herein are reserved to SBRA. You agree that you will not upload or transmit any Content of any type that infringes or violates the rights of anyone. Any use of the Content not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark and other laws.
All use of the Content is prohibited other than personal use or educational use. Personal use means that you may download a single copy of the Content for your own personal, noncommercial use. Educational use means that you may download a single copy of the Content for your own use provided such use is directly associated with your education or training by or for SBRA. All authorized use is further subject to your agreement not to obliterate, change, or remove the following copyright notice and any other proprietary notices that are contained in the Content.
If you violate these or any other Terms of Use, your permission to use or continue using our Web site and its Content terminates automatically and you must immediately destroy any copies you have made of all or any portion of the Content.
Marks
The SBRA logo, Web site, images and text, and all page headers, custom graphics and button icons are service marks or trade dress of the SBRA. All other trademarks, product names and company names or logos cited in this Web site are the property of their respective owners.
Links to Other Web sites
Any link (including hyperlinks, buttons or referral devices of any kind) used on this Web site is provided for your use and convenience. The appearance of a link on this Web site does not constitute an endorsement, recommendation or certification by us, nor should the presence of a link in any way be construed as a suggestion that any third-party website has any relationship with us. We do not endorse the content on any third-party Web sites. We are not responsible for the content of linked third-party Web sites or third-party advertisements, and do not make any representations regarding their content or accuracy. We do not knowingly link to Web sites that may infringe on valid and existing trademarks, service marks, copyrights or patents. Your use of third-party Web sites is at your own risk and subject to the terms and conditions of use for such Web sites.
Links to Our Website
We do not generally object to links to this Web site from third-party Web sites. There are certain conditions, however, that you must follow to link to our Web site:
Unless we enter into a specific linking agreement with you, you may not use any of our names, logos, designs, slogans, product trademarks or service marks in or with your links, except that you may link to our site using the plain text name of Smart Beginnings Rappahannock Area.
Do not present the link to our Web site in any way that suggests that we have any relationship or affiliation with your site or that we endorse, sponsor or recommend the information, products or services on your site. Do not use any of our names, logos, designs, slogans, product trademarks or service marks in any advertising, publicity, promotion, or in any other commercial matter without the prior express written permission for a particular use from us. We ask that you link only to the home page/first page of our Web site. Please do not incorporate any content from this Web site into your Web site (e.g., by in-lining or framing). Do not use any of our names, logos, designs, slogans, product trademarks or service marks, or any other words or codes identifying our Web site, in any “metatag” or other information used by search engines or other information location tools to identify and select Web sites, without our express written permission for a particular use.
Indemnity
You agree to indemnify and hold SBRA, our officers, directors, employees, agents, licensors, and suppliers harmless from any and against all claims, actions or demands, liabilities and settlements, including without limitation our reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of these Terms of Use.
No Extraterritoriality
We are based in Fredericksburg, Virginia, in the United States of America. We make no claims that the Content is appropriate for, or may be downloaded by, persons residing outside of the United States of America. Access to our Web site and the Content may not be legal by certain persons in certain countries. If you access this Web site from outside the United States of America, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.
Jurisdiction and Other Issues
You agree that with respect to any suit, action or proceeding arising out of or in connection with any dispute with us, including without limitation any claim involving SBRA or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers and content providers: (i) you will submit to the jurisdiction of the courts of the Fredericksburg, Virginia, and (ii) you irrevocably waive any objection that you may have at any time to the laying of venue of any suit, action or proceeding arising out of or relating hereto brought in any such court; irrevocably waive any claim that any such suit, action or proceeding brought in any such court has been brought in an inconvenient forum; and irrevocably waive the right to object, with respect to any such claim, suit, action or proceeding brought in any such court, that such court does not have jurisdiction over you.
You agree that these Terms and Conditions of Use, as well as any suit, action or proceeding arising out of or in connection with any dispute with us, including without limitation any claim involving the SBRA or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers and content providers, shall be governed by and construed in accordance with the laws of the Commonwealth of Virginia in all matters, including, without limitation, its validity, construction, interpretation and performance, without regard to provisions regarding conflicts of law.
If any provision of these Terms and Conditions of Use is found to be invalid by any court having jurisdiction to make such a determination, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions of Use, which shall remain in full force and effect. No waiver of any of these Terms and Conditions of Use shall be deemed a further or continuing waiver of such term or condition or any other term or condition.
The headings of the various sections of this Agreement have been inserted only for the purposes of convenience, and those headings shall not be deemed, in any manner, to modify, enlarge or restrict any of the provisions of this Agreement.
Complete Agreement
Except as expressly provided in a particular “legal notice” on our Web site, these Terms and Conditions of Use constitute the entire agreement between you and us with respect to your use of our Web site and Content. Your use of the Web site is also subject to our Privacy Policy, which is incorporated herein by reference
Survivability
The following provisions of the Terms and Conditions of Use survive the expiration or termination of the Terms and Conditions of Use for any reason whatsoever: Liability of SBRA, Indemnity, Jurisdiction and Other Issues, Complete Agreement and Survivability.