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1. Introduction

Welcome to ADDitudes internet site, a site of New Hope Media LLC (hereinafter, ADDitude, NHM, us or we).

Please read these Terms of Service carefully before using this site. By using this site, you signify your agreement to these terms. If you do not agree to all these terms of service, do not use this site.

We reserve the right, in our sole discretion, to change, modify, add or delete portions of these terms of service at any time. Your continued usage of the ADDitude site (hereinafter, ADDitude, the Site, or Site) shall indicate your acceptance of the modified agreement.
Index
2. Limited Use of Content and Services
3. ADDitude Does Not Offer Medical Advice
4. Disclaimer of Warranties
5. Message Boards, Community Functions
6. User Submissions
7. House Rules
8. Registration and Security
9. ADDitude Subscription Services
10. Indemnity
11. Jurisdiction
12. Copyright Infringement Claims
13. Limitation of Liability
14. Termination
15. General Information
2. Limited Use of Content and Services

ADDitude grants to you a limited personal, non-transferable right to access the content and services on our site for your personal and non-commercial use only. ADDitudes Services shall contain, without limitation, email services, bulletin and message boards, chat areas, news items, forums, and various other message communication applications.

You may not use the ADDitude site for commercial purposes or in any way that is unlawful, or harms us or any other person or entity, as determined in our sole discretion.

The ADDitude Content is protected by copyright under both United States and foreign laws. Copyright to the Content remains with ADDitude or its licensors. All trademarks, service marks, trade names, and trade dress are proprietary to us and/or our licensors or licensees. Any use of the Content not expressly permitted by these Terms of Service may violate copyright, trademark, and other laws. All rights not expressly granted herein are reserved to ADDitude and its licensors.

No information, content or material from the ADDitude site may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way, except that ADDitude authorizes you to view or download a single copy of the material on the ADDitude site to one personal computer solely for your personal, noncommercial use provided that you (a) include the following copyright notice: "Copyright (c) 1998 - 2007 ADDitude. All rights reserved" and other copyright and proprietary rights notices that are contained in the Content, (b) make no modifications to the information, content or materials, (c) do not use the information, content or materials in a manner that suggests an association with any of our products, services or brands. The use of any information, content or materials on the ADDitude site on any other Web site or computer environment is prohibited.
3. ADDitude Does Not Offer Medical Advice

ADDitudes site offers content for informational purposes only. The content on the ADDitude site is not a substitute for, nor does it replace professional medical advice, diagnosis, or treatment. Always consult with a physician or other healthcare professional if you have any concerns about your health or that of your child.

Do not disregard, avoid, or delay obtaining medical or health advice from your health-care professional because of something you may have read on this site If you think you may have a medical emergency, call your doctor or 911 immediately. ADDitude does not recommend or endorse any specific tests, physicians, products, procedures, opinions, or other information that may be mentioned on the Site. Reliance on any information provided by ADDitude, ADDitudes employees, others appearing on the Site at the invitation of ADDitude, or other visitors to the Site is solely at your own risk.

Nothing stated or posted on this site or available through any services are intended to be, and must not be taken to be, the practice of medical or counseling care. This site is continually under development and NHM makes no warranty of any kind, implied or express, as to its accuracy, completeness or appropriateness for any purpose in that regards. There is no assurance that the information in this site will always include the most recent findings or developments.
4. Disclaimer of Warranties

The information, content, and materials on the ADDitude site are provided as is and without warranties of any kind, either express or implied. To the fullest extent permissible under applicable law, we disclaim all warranties, express or implied, including,but not limited to, implied warranties or merchantability, fitness for a particular purpose and noninfringement. We do not warrant that the functions contained in the information, content, and materials on the ADDitude site (including without limitation, user-generated content) will be uninterrupted or error-free, that defects will be corrected, or that the ADDitude Site or the servers that make such information, content and materials available are free of viruses or other harmful components. ADDitude does not guarantee the accuracy, reliability, completeness, currentness, or timeliness of the Content, software, text, graphics, links, or communications provided on or through the use of the ADDitude Site. ADDitude does not warrant or guarantee the satisfaction of any government regulations requiring disclosure of information on prescription drug products or the approval or compliance of any software tools with regard to the Content contained on the ADDitude site.

We do not warrant or make any representations regarding the use or the results of the use of any information, content, materials, products or services contained or offered, made available through, or otherwise related in any way to the ADDitude Site, including, without limitation, user-generated content, or any third party sites or services linked to from the ADDitude site in terms of their correctness, accuracy, completeness, reliability, safety or otherwise.

We cannot ensure that you will be satisfied with any products or services that you purchase from a third-party site that links to or from the ADDitude Site or third-party information, content or materials on our site (including, without limitation, User-Generated Content contained in Public Forums). We do not endorse any of the merchandise, nor have we taken any steps to confirm the accuracy, completeness or reliability of, any of the information, content or materials contained on any third-party site. We do not make any representations or warranties as to the security of any information, content or materials (including, without limitation, credit card and other personal information) you might be requested to give to any third party.

You hereby irrevocably waive any claim against us with respect to information, content and materials contained on our sites (including, without limitation, User-Generated Content), on third party sites, and any information, content and materials you provide to such third party sites (including, without limitation, credit card and other personal information). We strongly encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties.
5. Message Boards and Public Forums

ADDitude hosts message boards, forums, and other public areas including, without limitation, a chat area, social community environment, profile pages, conversations, e-mail functions. You acknowledge that anything you submit to an ADDitude Site may be routed through our servers, the servers of one or more third parties on our behalf and the Internet, and may be viewed on the Internet by the general public and that, therefore, you have no expectation of privacy with regard to any such submission. You acknowledge that Message Boards and features offered therein are for public and not private communications. Please keep in mind that whenever you give out personal information online, through any media, including without limitation, a Public Forum, that information can be collected and used by people you don't know. We cannot guarantee the security of any information you disclose through any of these media; you make such disclosures at your own risk.

ADDitude expressly disclaims all responsibility and endorsement and makes no representation as to the validity of any opinion, advice, information or statement made or displayed in these forums by third parties, nor are we responsible for any errors or omissions in such postings, or for hyperlinks embedded in any messages. Under no circumstances will we, our affiliates, suppliers or agents be liable for any loss or damage caused by your reliance on information obtained through these forums. The opinions expressed in these forums are solely the opinions of the participants, and do not reflect the opinions of NHM or any of its subsidiaries or affiliates.

We cannot be responsible for the accuracy of any User-Generated Content contained in a Public Forum, and we shall not be responsible for any decisions made or actions taken or not taken based on such information or content. You are and shall remain solely responsible for the User-Generated Content submitted and/or posted under your username or otherwise by you in any public area, such as a Message Board or community Ask the Expert posting or other member communities forum and for the consequences of submitting these communications, and your reliance on any communications found in public areas. You acknowledge that the use of User-Generated Content posted in any Public Forum is at your own risk.

ADDitude reserves the right to screen, refuse to post, remove or edit User-Generated Content at any time and for any or no reason in our absolute and sole discretion without prior notice, although we have no duty to do so or to monitor any Public Forum. ADDitude further reserves the right to terminate a users access to any or all Public Forums upon any breach of these Terms of Use, to record the dialogue in public chat rooms, to investigate any allegations that a communication does not conform to the terms of this section. If we elect to screen User-Generated Content, there may be a delay in the posting of such content in a Public Forum to allow for a review process. If we have questions about your User-Generated Content including, without limitation, the copyright, we may contact you for further information including, for example, to verify that you own the copyright or otherwise obtained permission to post the material.

Your ability to access and browse User-Generated Content within a Public Forum and/or to submit and/or post User-Generated Content within a Public Forum may be subject to certain age restrictions and/or related procedures that we may revise in our sole discretion at any time and for any reason. Any such age restrictions and procedures will be posted within the Public Forum, as applicable.
6. User Submissions

By sending or transmitting to us creative suggestions, ideas, notes, concepts, information, or other materials (collectively, " Submission Materials") or by posting such Submission Materials on the Sites, you hereby grant to us and our designees a worldwide, non-exclusive, sublicensable (through multiple tiers), assignable, royalty-free, perpetual, irrevocable right to use, reproduce, distribute (through multiple tiers), create derivative works of, publicly perform, publicly display, digitally perform, make, have made, sell, offer for sale and import such Submission Materials in any media now known or hereafter devised, for any purpose whatsoever, commercial or otherwise, without compensation to you, the provider of the Submission Materials. The foregoing license to NHM shall be fully paid-up and royalty free. In addition, under no circumstances shall NHM have any obligation whatsoever to pay a fee to any subscriber or user in connection with the Submission Materials upon the occurrence of a transfer of all or any portion of NHMs business through a merger, sale or transfer of all or substantially all of the assets of NHM, nor shall the sale of advertising on any of the Sites give rise to any obligation to pay a fee to Subscribers. None of the Submission Materials disclosed or posted via message boards, chats or other public forums shall be subject to any obligation, whether of confidentiality, attribution, or otherwise, on NHMs part and we shall not be liable for any use or disclosure of any such Submission Materials. If you wish to keep any business information, ideas, concepts or inventions private or proprietary, do not submit them to the Community Areas or send them to ADDitude by email.
7. House Rules

The following is a list of House Rules applicable to the ADDitude site. By using the ADDitude site, you agree that you will not submit, post, upload, distribute, or otherwise make available or transmit any User-Generated Content that: (a) is defamatory, abusive, harassing, insulting, threatening, or that could be deemed to be stalking or constitute an invasion of a right of privacy of another person;

(b) is bigoted, hateful, or racially or otherwise offensive;

(c) is violent, vulgar, obscene, pornographic or otherwise sexually explicit;

(d) is unlawful, or violates local, state, national, or international laws, or encourages or advocates illegal activity or the discussion of illegal activities with the intent to commit them;

(e) infringes on the intellectual property rights of others or on the privacy or publicity rights of others,

(f) solicits business or constitutes advertising,

(g) impersonates another person,

(h) distributes viruses or harmful computer code,

(i) spams or posts the same message more than once,

(j) harvests or otherwise collects information about others, including email addresses, without their consent,

(k) allows another person or entity to use your identification for posting or viewing comments,

(f) does not comply with all terms and conditions applicable in the section User Submissions above.

ADDitude or its licensors have no liability or responsibility to users of the ADDitude Site or any other person or entity for performance or nonperformance of the aforementioned activities.
8. Registration and Security

You agree to provide, maintain and update true, accurate, current and complete information about yourself as prompted by our registration processes (the "Registration Data"). You are responsible for taking all reasonable steps to ensure that no unauthorized person shall have access to your ADDitude passwords or accounts. It is your sole responsibility to (1) control the dissemination and use of activation codes and passwords; (2) authorize, monitor, and control access to and use of your ADDitude account and password; (3) promptly inform ADDitude of any need to deactivate a password. You grant ADDitude and all other persons or entities involved in the operation of the Site the right to transmit, monitor, retrieve, store, and use your information in connection with the operation of the Site. If you provide any information that does not satisfy this provision, or we have reasonable grounds to suspect as much, we have the right to suspend or terminate your account and refuse any and all current or future use of any NHM site. ADDitude explicitly disclaims liability for any and all losses and damages arising from your failure to comply with this section.
9. ADDitude Subscription Services

If you choose to subscribe to one of ADDitudes publications, such as the bimonthly ADDitude print magazine, (Magazine Subscription) you are responsible for providing a valid credit card number at the time you subscribe. You represent and warrant that you are an authorized user of such credit card, and you agree to pay all charges resulting from your Subscription Service account at the prices then in effect, including any unauthorized charges incurred prior to your notifying ADDitude of such charges. You agree that ADDitude may pass your credit card information and related personally identifiable information to its designated service provider(s) for their use in charging you for appropriate services utilized through your Magazine Subscription or other credit card purchase.
10. Indemnity

You agree to defend, indemnify, and hold New Hope Media, its officers, directors, employees, agents, licensors, and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of these Terms of Use.
11. Jurisdiction

ADDitude is based in New York, New York in the United States of America. ADDitude makes no representation or warranty that the content and materials on the Site and/or the Services are appropriate or available for use in locations outside the United States. Those who choose to access the Sites or use the Services from other locations do so on their own initiative and at their own risk, and are responsible for compliance with local laws, if and to the extent applicable. ADDitude reserves the right, at any time in our sole discretion, to limit the availability and accessibility of the Sites and/or the Services to any person, geographic area, or jurisdiction we so desire, and to limit the quantities of any such Service or products that we provide.
12. Copyright Infringement Claims

The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under the U.S. copyright law. If you believe in good faith that materials hosted by New Hope Media/ADDitude infringe your copyright, you, or your agent may send to NHM a notice requesting that the material be removed or access to it be blocked. Any notification by a copyright owner or a person authorized to act on its behalf that fails to comply with requirements of the DMCA shall not be considered sufficient notice and shall not be deemed to confer upon NHM actual knowledge of facts or circumstances from which infringing material or acts are evident. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send to NHM a counter-notice. All notices and counter notices must meet the then current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright for details. NHMs Copyright Agent for notice of claims of copyright infringement or counter notices can be reached as follows:

Designated Agent: Anni Rodgers New Hope Media LLC dba ADDitude 39 West 37th St. 15th FL NY, NY 10018 Telephone: 646 366 0830 Email for notice: webmaster@additudemag.com. We suggest that you consult your legal advisor before filing a notice or counter-notice. Also, be aware that there can be penalties for false claims under the DMCA.
13. Limitation of Liability

Neither NHM nor its directors, officers, employees, contractors, agents or sponsors are responsible or liable to you or anyone else for any loss or injury or any indirect, incidental, consequential, special, exemplary, punitive or other damages under any contract, negligence, strict liability or other theory arising out of or related in any way to (a) the use or of inability to use the ADDitude site, (b) any content contained on the site or any services, (c)statements or conduct posted or made publicly available on the ADDitude site and services, (d) any product or service purchases or obtained through the ADDitude site, (e) any action taken in response to or as a result of any information available on the site, (f) any damage caused by loss of access to, deletion of, failure to store, failure to back up, or alteration of any content on the sites or the serices, of (g) any other matter relating to the site and services. In no event shall NHMs total liability to you for all damages, losses, and causes of action whether in contract, tort (incuding, but not limited to, negligence) or otherwise exceed the amount paid by your, if any, or $100 (whichever is less) for accessing or participating in any activity related to the ADDitude site.
14. Termination

This Agreement shall remain effective until terminated in accordance with its own terms and conditions. You agree that NHM, in its sole discretion, may terminate your password, account (in whole or in part), or use of the Sites or Services, and remove and discard any content within the Sites, at any time and for any reason. You agree that any actions taken under this Section may be effective without prior notice to you. In the event of termination, however, those Sections in this Agreement which provide for continuing obligations on your part shall survive indefinitely.
15. General Information

This Agreement and the Privacy Policy constitute the entire agreement and understanding between you and New Hope Media and governs your use of the ADDitude Sites and the Services, superseding any prior agreements between you and NHM. This Agreement and the relationship between you and New Hope Media shall be governed by and construed in accordance with the laws of the State of New York, without regard to its conflict of law provisions. You and New Hope Media irrevocably agree to submit to the personal and exclusive jurisdiction of the federal and state courts located within the county of New York, in the State of New York, and waive any jurisdictional, venue, or inconvenient forum objections to such courts. The failure of NHM to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision.

We hope you find the ADDitude site helpful and the community supportive. Questions or comments regarding this website, including any reports of non-functioning links, should be submitted using our Contact Us Form or via U.S. mail to: Webmaster, ADDitude
New Hope Media LLC
39 West 37th St., 15th Fl
New York, NY 10018
Last Updated: 9 May 2007 15:15:44 PDT home  |  about  |  terms  |  contact
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