Terms of Service 2017-09-11T23:11:48+00:00

Terms of Service

Last modified July 14, 2017

Horizon Family Solutions owns the website www.TroubledTeenHelp.com.

By accessing the website TroubledTeenHelp.com you accept and agree to be bound, without limitation or qualification by these terms. Should you not accept any of the terms stated here, do not use the website.

GENERAL DISCLAIMER: TroubledTeenHelp.com is used for educational purposes only and is not engaged in rendering educational or medical advice.

The information provided through TroubledTeenHelp.com should not be used for diagnosing or treating diseases or health problems. It is not a substitute for professional care. Should you or someone you are assisting have a health problem, you need to consult with your health care provider.

The authors, contributors, editors, producers, and sponsors shall have no liability, obligation, or responsibility to any entity or person for any adverse consequences, damage or loss to have happened directly or indirectly as a consequence of material on this website.

Should you believe you have a medical emergency, you need to immediately call 911.

IMPORTANT – THIS IS A LEGAL AGREEMENT BETWEEN YOU (“YOU”) AND TROUBLEDTEENHELP.COM (“WE”). YOU SHOULD READ CAREFULLY THE FOLLOWING TERMS AND CONDITIONS CONTAINED IN THIS TERMS OF USE AGREEMENT (“AGREEMENT”) AS THEY GOVERN YOUR ACCESS TO AND USE OF THIS WEBSITE, AND SERVICES (COLLECTIVELY, THE “WEBSITE”).

TROUBLEDTEENHELP.COM IS WILLING TO ALLOW ACCESS AND USE OF THE WEBSITE TO YOU ONLY ON THE CONDITION THAT YOU ACCEPT AND AGREE TO ALL OF THE TERMS AND CONDITIONS CONTAINED IN THIS AGREEMENT.  

NO MEDICAL, PSYCHIATRIC, OR PROFESSIONAL ADVICE.

This Website is designed for general educational and information purposes only and does not render educational or medical advice.

The information provided through this Website should not be used for diagnosing or treating a health problem or illness.

It is not a substitute for professional health care, and is designed to support – not replace – the relationship you have with your health care provider.

When you have or suspect you or a loved one may have a health problem, you should consult your health care provider. TroubledTeenHelp.com does not provide educational or medical advice or offer educational, medical, psychiatric, or professional opinions. The advertisers and articles on this Website are meant to discuss issues of a general nature regarding issues of interest. While we will monitor content as time allows, we are not responsible for the advertising, advice, opinions, recommendations, or suggestions of any writer of these advertisements or articles.

Anyone who has a medical problem should contact a physician. Anyone with a serious addiction, clinical, or health problem should get medical or therapeutic help.

Anyone who feels at risk for suicide should call 911 immediately or call the National Suicide Prevention Lifeline at 800-273-8255. 

The function of this Website is to provide information regarding certain businesses, programs, and school treatment facilities, and post relevant articles which we think might be helpful to those seeking treatment.  Reliance upon any information found on the Website, any of our advertisers, or any affiliates, rests in the user at the user’s own risk. The Website may contain information that you may find explicit or otherwise offensive, erroneous or otherwise inaccurate or outdated.

The Website, TroubledTeenHelp.com, our advertisers and affiliates are not responsible for such content. You are responsible for complying with applicable laws of the region/country of residence.

TERMS AND CONDITIONS

  1. FEEDBACK. TroubledTeenHelp.com welcomes your feedback and suggestions about TroubledTeenHelp.com’s services or with respect to how to improve the Website. By transmitting any feedback or suggestions and any related information, material, or other content (collectively, “feedback”) to TroubledTeenHelp.com, You represent and warrant that such feedback does not infringe or violate the intellectual property or proprietary rights of any third party (including, without limitation, patents, copyrights, or trademark rights) and that You have all rights necessary to convey such feedback to TroubledTeenHelp.com.  In addition, any feedback received by TroubledTeenHelp.com will be deemed to include from You a royalty-free, perpetual, irrevocable, transferable, non-exclusive right and license for TroubledTeenHelp.com to adopt, publish, reproduce, disseminate, transmit, distribute, copy, use, create derivative works, and display (in whole or in part) worldwide, or act on such feedback without additional approval or consideration, in any form, media, or technology now known or later developed for the full term of any rights that may exist in such information, material, or content, and You hereby waive any claim to the contrary.
  2. LICENSE AND USER GRANT.  This Agreement provides You with a limited, non-exclusive, non-transferable, and non-sublicenseable license to use the Website solely for your personal use or your internal business purposes.
  3. LICENSE AND USER RESTRICTIONS.  The foregoing license and usage is limited.  You therefore may not (i) alter, copy, display, distribute, lease, modify,  rent, reproduce, sell, store, transmit, license, sublicense, use, or commercially exploit the Website (or any part thereof) in any manner not expressly permitted by this Agreement, (ii) reverse engineer, decompile, disassemble, translate, or create any derivative work of the Website (or any part thereof); (iii) access, link to, or use any source code from the Website (or any part thereof); or (iv) erase or remove any proprietary or intellectual property notice contained in or on the Website (or any part thereof).  In addition, You acknowledge and agree that exceeding the scope of the advertising and license herein shall be a material breach of this Agreement and subject to the termination provisions set forth herein.
  4. LINKS TO OTHER SITES. TroubledTeenHelp.com may provide links, in its sole discretion, to other sites from which You can access information and/or purchase services from third parties, including and not limited to addiction treatment centers, clinical hospitals, eating disorder centers, medical facilities, residential treatment centers and wilderness programs, in part. TroubledTeenHelp.com is not an owner of any goods or services advertised by the programs and schools featured or otherwise mentioned on these sites. These sites and services have not necessarily been reviewed by TroubledTeenHelp.com and are maintained by third parties over which TroubledTeenHelp.com exercises no control.  Accordingly, TroubledTeenHelp.com expressly disclaims any responsibility for the content, the materials, the accuracy of the information, and/or the quality of the products or services provided by, available through, or advertised on these third-party websites.  Moreover, these links do not imply an endorsement with respect to any third party or any website or the products or services provided by any third party.  In addition, some of the third parties whose websites are featured on TroubledTeenHelps’s Website have paid for their Websites to be prominently displayed on TroubledTeenHelp’s Website.  The prominence of a third party site does not constitute an endorsement by TroubledTeenHelp.com or a referral by TroubledTeenHelp.com to the facility promoted on the third party site.  Your transactions and other dealings with third party advertisers or merchants that are found on or through the Website, including payment and delivery of goods or services, are solely between You and such merchant or advertiser.
  5. PROPRIETARY RIGHTS.  The contents of the Website, including all audio and video material, designs, graphics, images, software, text, images, photographs, illustrations, artwork, databases, user interfaces, visual interfaces, sounds, presentations in any format, computer code (including html code), products, information, and documentation, as well as the design, structure, selection, coordination, expression, “look and feel,” and arrangement of the Website (collectively, “Material”) unless otherwise indicated, are owned, controlled, and licensed by TroubledTeenHelp.com or its advertisers.  Any rights granted hereby are expressly licensed.  TroubledTeenHelp.com does not grant any implied right to You or any other person and does not transfer or assign any ownership or intellectual property interest or title in or to the Website (or any part thereof) to You or anyone else.  Accordingly, Your unauthorized use of the Website (including any Material) may violate intellectual property or other proprietary rights laws as well as other laws, regulations, and statutes.  The Website and Material is Copyright ©2004 – 2017 / TroubledTeenHelcp.com and/or its advertisers and licensors.  You must not alter, conceal, or delete any copyright or other notices contained on the Website or Material, including notices on any audio/visual material You access, download, transmit, display, print or reproduce from the Website. You shall not, nor will You allow any third party (whether or not for your benefit) to reproduce, modify, create derivative works from, display, perform, publish, distribute, disseminate, broadcast or circulate to any third party (including, without limitation, on or via a third party website), or otherwise use, any Material without the express prior written consent of TroubledTeenHelp.com or its advertisers. TroubledTeenHelp.com and all other names, logos, and icons identifying TroubledTeenHelp.com and its products and services are proprietary trademarks of TroubledTeenHelp.com (or its affiliates), and any use of such marks, including, without limitation, as domain names or account identifiers, without the express written permission of TroubledTeenHelp.com is strictly prohibited.  Other company and product names mentioned herein or on the Website may be the trademarks and/or service marks of their respective owners.
  6. THIRD PARTY SERVICES.  TroubledTeenHelp.com has entered into contractual relationships with certain sponsors, vendors, and advertisers of products or services (“Vendors”), pursuant to which TroubledTeenhelp.com may link to or display text, data, photos, graphics and/or video (“Information”), advertisements, discounts, products, goods, or services offered by the third parties.  You agree that you must evaluate, and bear all risks associated with, the use of any Vendor-provided Information or services.  TroubledTeenHelp.com does not guarantee the availability or accuracy of Vendor Information or offers and makes no representations or warranties as to the security or performance of any Vendor Information, offers, or services.  Your use of Vendor services is subject to the terms and conditions for each such service. TroubledTeenHelp.com expressly disclaims responsibility and liability for all Vendor-provided materials, programs, products, services or sites made available through the Website, and You agree that TroubledTeenHelp.com shall not be responsible for any loss or damage of any sort incurred as a result of any such Vendor-provided materials, programs, products, services or sites.  TroubledTeenHelp.com shall not be held liable, directly or indirectly, for any loss or damage caused by your use of: (a) any external site linked to the Website, (b) Vendor Information, or (c) Vendor products or services.
  7. USER OBLIGATIONS.  Subject to TroubledTeenHelp’s right to audit or monitor compliance, You acknowledge and agree that it is solely your responsibility to maintain your compliance with the terms and conditions of this Agreement.  By accessing or using the Website, You also agree to be responsible for and to abide by all applicable international, local, national, and state laws, regulations, rules, and guidelines with respect to your use of the Website.  In addition, You agree to assume all responsibility for your use, and the results of your use, of the Website, including meeting any requirements of your contracts with third parties or other persons.
  8. USER GENERATED CONTENT.  Our Website may provide an opportunity (each, a “User Content Area”) for participants to express comments and opinions about recovery and treatment and/or upload to the Website user-generated content such as, without limitation, review of treatment facilities (collectively, “User Content”).  To the extent the Website contains any such User Content Area, You hereby agree that You will not display, upload, post, or transmit any of the following in any User Consent Area
    • Unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam” or any other form of solicitation;
    • User Content in which you impersonate any person or entity, including, but not limited to, any employee, founder, sub-contractor of TroubledTeenHelp.com or any treatment center, or falsely state or otherwise misrepresent your affiliation with any person or entity;
    • User Content, software or other materials which contain a virus or other harmful or disruptive component;
    • User Content that interferes with any other user’s right to privacy;
    • User Content that is offensive to the online community, including, without limitation, expressions of obscenity, bigotry, racism, abusiveness, vulgarity or profanity;
    • User Content that violates any law or engages in any activity that would constitute any criminal offense or give rise to any civil liability;
    • User Content that violates or infringes in any way upon the rights of others, including any statements which may defame, harass, stalk or threaten others;
    • User Content that violates some other contractual or fiduciary rights, duties, or agreements by which you are bound; or
    • User Content protected by copyright, trademark, trade secret, rights of publicity or other proprietary right of any third party (collectively, “Third Party Rights”) without the prior express written permission of the applicable right holder. The burden of determining that all User Content is not subject to any Third Party Rights rests exclusively with You under all circumstances.  Accordingly, You shall be solely liable for any damage or costs resulting from any User Content that actually or allegedly infringes any Third Party Rights. Any person determined by TroubledTeenHelp.com in its sole discretion to have violated any Third Party Rights may be barred from submitting or posting any further User Content;
    • With respect to Reviews, Users may make only a single post (review) and may not make alternate accounts to duplicate or “respond to” posts

You represent and warrant that, with respect to any User Content You submit to the Website, the User Content is factually accurate and/or represents Your honest opinions and beliefs. You agree that TroubledTeenHelp.com has not and will not compensate You for your User Content.  You represent and warrant there is no association, connections, or affiliation between You and TroubledTeenHelp.com or any treatment center or other third party referenced in your User Content.

TroubledTeenHelp.com hereby reserves the right to edit, modify and/or remove any User Content posted, submitted, and/or uploaded on the Site in its sole discretion.

You hereby agree that the foregoing restrictions set forth in this Section 8 shall also apply to your use of any content generated through the Website on any social media page.  Moreover, you hereby agree that you are solely responsible for any liability arising from or related to your use of any User Content Area and/or your use of any User Content or other content generated through the Website.

User Content does not reflect the opinion of the employees, founders, sub-contractors, staff at TroubledTeenHelp.com, its executives, or its shareholders, and are not endorsed by TroubledTeenHelp.com.

While we make efforts to review and moderate the forum in order to remove objectionable material, we do not purport to be able to remove all objectionable content in a timely manner, if ever.

9. LICENSE TO USE USER CONTENT.

User Content Generally. Certain features of the Service may permit users to post content, including messages, reviews, photos, video, images, folders, data, text, and other types of works (collectively, “User Content”) and to publish User Content on the Service.

You retain copyright and any other proprietary rights that you may hold in the User Content that you post to the Service.

Limited License Grant to TroubledTeenHelp.com.

By posting or publishing User Content, you grant TroubledTeenHelp.com a worldwide, non-exclusive, royalty-free right and license (with the right to sublicense) to host, store, transfer, display, perform, reproduce, modify, and distribute your User Content, in whole or in part, in any media formats and through any media channels (now known or hereafter developed).

Any such use of your User Content by TroubledTeenHelp.com may be without any compensation paid to you.

User Content Representations and Warranties. You are solely responsible for your User Content and the consequences of posting or publishing User Content. By posting and publishing User Content, you affirm, represent, and warrant that:

  • you are the creator and owner of, or have the necessary consents, licenses, rights, and permissions to use and to authorize TroubledTeenHelp.com and users of the Service to use and distribute your User Content as necessary to exercise the licenses granted by you in this Section 9 and in the manner contemplated by TroubledTeenHelp.com and these Terms; and
  • your User Content, and the use thereof as contemplated herein, does not and will not: (i) infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; or (ii) slander, defame, or libel  any third-party.

10. REPRESENTATIONS AND WARRANTIES.  You represent and warrant to TroubledTeenHelp.com that (i) You are at least the legal age of majority in your state of residence, (ii) You are authorized to enter into this Agreement, (iii) You will not use the Website or the Materials for any purpose or in any manner that violates any law or regulation or that infringes the rights of TroubledTeenHelp.com or any third party; (iv) any information or data provided to TroubledTeenHelp.com by You will not violate any law or regulation or infringe the rights of TroubledTeenHelp.com or any third party; (v) all information that You provide to us in connection with the Website (e.g., name, e-mail address, and/or other information) is true and accurate; and (vi) You are authorized and able to fulfill and perform the obligations and meet the conditions of a user as specified herein.

11. WARRANTY DISCLAIMERS.  THE WEBSITE AND MATERIALS ARE PROVIDED “AS-IS.”TROUBLEDTEENHELP.COM DOES NOT WARRANT, GUARANTEE, OR MAKE ANY REPRESENTATIONS REGARDING THE USE, OR THE RESULTS OF THE USE, OF THE WEBSITE OR MATERIALS IN TERMS OF AVAILABILITY, ACCURACY, RELIABILITY, CURRENTNESS, COMPLETENESS, FUNCTIONALITY, INTENDED PURPOSE, OR OTHERWISE.

TROUBLEDTEENHELP.COM DOES NOT REPRESENT OR WARRANT THAT THE WEBSITE OR MATERIALS WILL OPERATE ERROR-FREE, UNINTERRUPTED, OR IN A MANNER THAT WILL MEET YOUR REQUIREMENTS.

THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE WEBSITE IS WITH YOU. TROUBLEDTEENHELP.COM HEREBY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE.

12. LIMITATION OF LIABILITY.  TroubledTeenHelp.com shall have no responsibility to provide You access to the Website.  You acknowledge and agree that TroubledTeenHelp.com shall not be liable or responsible for any claim, damage, or loss resulting, directly or indirectly, from a cause beyond TroubledTeenHelp’s control, including, and not limited to, offers or promotions made available on the Website, failure of electronic or mechanical equipment or communication lines, telephone or other connection problems, computer viruses, unauthorized access, theft, operator errors, severe weather, earthquakes, or natural disasters, strikes or other labor problems, wars, governmental restrictions, or any claim, damage, or loss arising out of transactions or interactions between You, third party merchants or anyone else.  You specifically acknowledge that TroubledTeenHelp.com shall not be liable for defamatory, offensive, or illegal conduct of any third party and that the risk of harm or damage from the foregoing rests entirely with You.

MOREOVER, YOU AGREE THAT IN NO EVENT SHALL TROUBLEDTEENHELP.COM BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, FOR LOST PROFITS, FOR LOST DATA, ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF THE WEBSITE, OR FOR ANY INFORMATION OR MATERIALS AVAILABLE THROUGH THE WEBSITE, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EVEN IF TROUBLEDTEENHELP.COM HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.

WITHOUT LIMITATION OF THE FOREGOING, TOTAL LIABILITY OF TROUBLEDTEENHELP.COM FOR ANY REASON WHATSOEVER RELATED TO USE OF THE WEBSITE, RESULTS FROM USE OF THE WEBSITE, OR FOR ANY CLAIMS RELATING TO THIS AGREEMENT SHALL NOT EXCEED NINETY DOLLARS ($90.00 USD), AS LIQUIDATED DAMAGES AND NOT AS A PENALTY EVEN IF TROUBLEDTEENHELP.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIABILITY, IF ANY, SHALL BE COMPLETE AND EXCLUSIVE.

13. INDEMNIFICATION.  You agree to release, discharge, defend, indemnify and hold harmless TroubledTeenHelp.com and its officers, directors, employees, agents, affiliates, third party information providers, licensors, contractors and others involved in the delivery of products, services or information through the Website (collectively, “Indemnified Parties”), arising from, in connection with, or relating to, any breach of these Terms of Use by You, including breaches arising from Your use of the information obtained through the Website.  You agree that the Indemnified Parties will have no liability in connection with any such breach or unauthorized use, and You agree to indemnify any and all resulting loss, damages, judgments, awards, costs, expenses, and attorneys’ fees and litigation expenses of the Indemnified Parties in connection therewith. You will also indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of Your use of the information accessed through the Services or related website(s).

14. COPYRIGHT INFRINGEMENT POLICY AND TAKE DOWN PROCEDURES.  Should You have a good faith belief that Your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, you can submit a Notice of Claimed Infringement (NOCI) to TroubledTeenHelp.com by providing the following information:

  • A physical or electronic signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest that is allegedly infringed;
  • Identification or description of the copyrighted work or other intellectual property that you claim has been infringed.  When you are asserting infringement of an intellectual property right other than copyright, please specify the intellectual property right at issue (for example, trademark or patent);
  • Identification or description of where the material that you claim is infringing is located on the Website, with enough detail that TroubledTeenHelp.com may find it on the Website;
  • Your mailing address, your street address, day time telephone number, after hours phone number and email address;
  • A statement by You that You have a good faith belief that the use of the material complained of is not authorized by the copyright owner or intellectual property owner, its agent, or the law;
  • A statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf;
  • Our agent designated to receive claims of copyright or other intellectual property infringement may be contacted as follows:
    • By Mail – Horizon Family Solutions | 4450 Arapahoe Avenue | Suite 100 | Boulder, Colorado | 80303

15. No Class Actions.

TO THE EXTENT ALLOWED BY LAW, WE EACH WAIVE ANY RIGHT TO PURSUE DISPUTES ON A CONSOLIDATED OR CLASSWIDE BASIS; THAT IS, TO EITHER JOIN A CLAIM WITH THE CLAIM OF ANY OTHER PERSION OR ENTITY, OR ASSERT A CLAIM IN A REPRESENTATIVE CAPACITY ON BEHALF OF ANYONE ELSE IN ANY LAWSUIT, ARBITRATION, OR OTHER PROCEEDING.

YOU UNDERSTAND THAT BY AGREEING TO THIS CLASS ACTION WAIVER, YOU MAY ONLY BRING CLAIMS AGAINST TROUBLEDTENHELP.COM IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING.

16. GOVERNING LAW.  This Agreement has been made in and will be construed and enforced solely in accordance with the laws of the STATE OF COLORADO, U.S.A.

Any claim You might have against TroubledTeenHelp.com must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred.

In addition, You agree to waive any right to a jury trial in connection with any action or litigation in any way arising out of or related to this Agreement and that each party has the right to seek attorneys’ fees in any proceeding.  You also acknowledge and agree that any applicable state law implementation of the Uniform Computer Information Transactions Act (including any available remedies or laws) shall not apply to this Agreement and is hereby disclaimed. A printed version of this Agreement and of any related notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent as other documents and records originally generated and maintained in printed form.

17. ENFORCEMENT.  TroubledTeenHelp.com wishes to maintain the Website as a helpful resource for all of its users.  As it relates to TroubledTeenHelp.com, You therefore have no reasonable expectation of privacy while using the Website because TroubledTeenHelp.com reserves the right to view, monitor, and/or record activity on the Website (in accordance with applicable law) and to comply with government or court appointed authorities when necessary. Actual or attempted unauthorized use of the Website may also result in criminal and/or civil prosecution, including, without limitation, punishment under the Computer Fraud and Abuse Act of 1986 under U.S. federal law.

You shall therefore not, nor shall You permit any third party to, disable, circumvent, or otherwise avoid any security device, mechanism, protocol, or procedure established by TroubledTeenHelp.com for use of or with the Website.

Moreover, You also acknowledge that any breach, threatened or actual, of this Agreement by You may cause irreparable injury to TroubledTeenHelp.com and/or its licensors, such injury would not be quantifiable in monetary damages, and TroubledTeenHelp.com and/or its advertisers / licensors would not have an adequate remedy at law.

You therefore agree that TroubledTeenHelp.com and/or its advertisers / licensors (or on their behalf) shall be entitled, in addition to other available remedies, to seek and be awarded an injunction or other appropriate equitable relief from a court of competent jurisdiction restraining any breach, threatened or actual, of your obligations under any provision of this Agreement.

Accordingly, You hereby waive any requirement that TroubledTeenHelp.com or its licensors post any bond or other security in the event any injunctive or equitable relief is sought by or awarded to TroubledTeenHelp.com to enforce any provision of this Agreement.

18. PRIVACY.  We respect your privacy and the use and protection of your personally identifiable information. Please see our Privacy Policy for important information and disclosures relating to the collection and use of your personally identifiable information in connection with your use of the Website.

19. OWNERSHIP OF CONFIDENTIAL INFORMATION. The parties acknowledge that during the performance of these Terms and Conditions, each party will have access to certain of the other party’s Confidential Information or Confidential Information of third parties that the disclosing party is required to maintain as confidential.

Both parties agree that all items of Confidential Information are proprietary to the disclosing party or such third party, as applicable, and will remain the sole property of the disclosing party or such third party.  As used herein, “Confidential Information” means all written or oral information, disclosed by either party to the other, related to the operations of either party or a third party that has been identified as confidential or that by the nature of the circumstances surrounding disclosure ought reasonably to be treated as confidential, including and not limited to trade secrets, cost and pricing information, and business plans.

Without limiting the foregoing, any non-public information regarding or related to any potential customer or its current or prospective relationship with a party shall be considered the Confidential Information of the disclosing party.

20. MISCELLANEOUS. Nothing contained in these Terms will be deemed to constitute either party as the agent or representative of the other party, or both parties as joint venturers or partners for any purpose.

You may not assign, delegate or transfer your rights or obligations under these Terms. We may assign our rights and duties under these Terms without such assignment being considered a change to the Terms and without notice to you. We may modify these Terms, at any time, by posting notice thereof on the Website. Your continued use of the Website following the posting of notice of any modification will be subject to the Terms in effect at the time of your use. Please review these Terms periodically for changes. Should you object to any provision of these Terms or any subsequent modifications to these Terms or become dissatisfied with the Website, your only recourse is to immediately terminate use of the Website.

Other terms and conditions may apply to your purchases of products and/or services through the Website, the Service Providers’ websites, and to your use of other portions of the Website. You will observe these other terms and conditions.

Should we fail to act with respect to your breach or anyone else’s breach on any occasion, we are not waiving our right to act with respect to future or similar breaches.

Should a court find any of these Terms to be unenforceable or invalid, that Term will be enforced to the fullest extent permitted by applicable law and the other Terms will remain valid and enforceable.

These Terms, together with those agreements made a part of these Terms by reference, make up the entire agreement between us relating to your use of the Website.

You acknowledge that you have read and understood these Terms, and that these Terms have the same force and effect as a signed agreement.

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