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PLEASE CAREFULLY REVIEW THE TERMS OF
USE OF THIS SITE. As your use of the site will indicate your acceptance of
these terms, do not use the site if you do not agree to be bound by these
terms. We may periodically change the terms, so please check them from time to
time as your continued use of the site signifies your acceptance of any changed
items.
While we make reasonable efforts to
provide accurate and timely information about Be Active Kids on this site, you
should not assume that the information provided is always up to date or that
this site contains all the relevant information available about Be Active Kids.
Unless otherwise noted, all copyright,
trademark, and intellectual property rights in all material on this site are
owned by, or licensed to, Be Active North Carolina, Inc. Any reproduction,
retransmission, distribution or republication of all or part of any images,
text, programs, and other materials found on this site is expressly prohibited,
unless Be Active North Carolina, Inc. or the copyright owner of the material
has expressly granted its prior written consent to so reproduce, transmit,
distribute or republish the material. All rights not granted herein are
reserved.
PERSONAL USE. Your use of the
materials included on this site is for informational purposes only. You agree
you will not distribute, publish, transmit, modify, display or create
derivative works from or exploit the contents of this site in any way. You
agree to indemnify, defend and hold harmless Be Active North Carolina, Inc. for
any and all unauthorized uses you may make of any material on the site. You
acknowledge the unauthorized use of the contents could cause irreparable harm
to Be Active North Carolina, Inc. and that in the event of an unauthorized use,
Be Active North Carolina, Inc. shall be entitled to an injunction in addition
to any other remedies available at law or in equity.
FEEDBACK AND SUBMISSIONS. You agree
you are and shall remain solely responsible for the contents of any submissions
you make, and you will not submit material that is unlawful, defamatory,
abusive or obscene. You agree that you will not submit anything to the site
that will violate any right of any third party, including copyright, trademark,
privacy or other personal or proprietary right(s). While we appreciate your
interest in Be Active North Carolina, Inc., we do not want and cannot accept
any ideas you consider to be proprietary regarding designs, product technology
or other suggestions you may have developed. Consequently, any material you
submit to this site will be deemed a grant of a royalty free non-exclusive
right and license to use, reproduce, modify, display, transmit, adapt, publish,
translate, create derivative works from and distribute these materials
throughout the universe in any medium and through any methods of distribution,
transmission and display whether now known or hereafter devised. In addition,
you warrant that all so-called "moral rights" have been waived.
PRODUCTS AND SERVICES AVAILABILITY.
All products described or displayed on this site will be delivered only within
North Carolina. Be Active North Carolina, Inc. reserves the right without prior
notice to discontinue or change specifications on products and services offered
on this site without incurring any obligations.
LINKS. Some links on the site will
allow you to connect with sites that are not under our control. Be Active North
Carolina, Inc. is providing these links only as a convenience. The appearance
of a link does not imply Be Active North Carolina, Inc.'s endorsement, nor is
Be Active North Carolina, Inc. responsible for the contents of any linked site.
You access them at your own risk.
DISCLAIMER. Except as otherwise
expressly stated with respect to our products, all contents of the site are
offered on an "as is" basis without any warranty whatsoever either express or
implied. Be Active North Carolina, Inc. makes no representations, express or
implied, including without limitation implied warranties of merchantability and
fitness for a particular purpose. Be Active North Carolina, Inc. does not
guarantee the functions contained in the site will be uninterrupted or
error-free, that this site or its server will be free of viruses or other
harmful components, or defects will be corrected even if Be Active North
Carolina, Inc. is aware of them.
INDEMNITY. You will indemnify and hold
Be Active North Carolina, Inc., it licensors, content providers, service
providers and contractors (the "Indemnified Parties") harmless from any breach
of these Terms and Conditions by you, including any use of content other than
as expressly authorized in these Terms of Use. You agree that the Indemnified
Parties will have no liability in connection with any such breach or
unauthorized use, and you further agree to indemnify any and all resulting
loss, damages, judgments, awards, costs, expenses, and attorneys' fees 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 from these web
pages.
LIMITATION ON LIABILITY. Be Active
North Carolina, Inc., its licensors, service providers, content providers,
employees, agents, officers and directors will not be liable for any
incidental, indirect, consequential, or special damages, including loss of
revenue or income, pain and suffering, emotional distress or similar damages,
even if we have been advised of the possibility of such damages. In no event
will the collective liability of Be Active North Carolina, Inc. and its
licensors, service providers, content providers, employees, agents, officers
and directors to any party (regardless of the form of action, whether in
contract, tort or otherwise) exceed the amount paid by you to Be Active North
Carolina, Inc. for the applicable content or service out of which liability
arose.
MINORS. Be Active North Carolina, Inc.
asks that parents supervise their children while online. No information should
be posted by minor children without parental consent.
JURISDICTIONAL. Any dispute arising
from these terms shall be resolved exclusively in the state and federal courts
of the State of North Carolina. Be Active North Carolina, Inc. makes no
representation that materials in this site are appropriate or available for use
in other locations. If you access this site from outside the United States, be
advised this site may contain references to products and services that are not
available or are prohibited in your country. |
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