By using, accessing, and/or visiting the Sites (including Apps and Social Media Platforms), Content, or Services or registering for any Sites, providing “PII” (defined below), or by confirming your knowledge and/or acceptance of the terms if requested by us in our sole discretion, you accept and agree to these terms. If you do not agree to the terms, you should not access or use the Sites, Services, or any Content.
Personally Identifying Information and Accounts
Conditions of Use
Your use of the Sites and Services are conditioned on compliance with the following:
Our Rights in User Content
By submitting, providing, posting, uploading, or sending User Content to us on or through the Sites or Services, you grant us and our subsidiaries, successors and assigns, and third parties a royalty-free, unrestricted, worldwide, perpetual, irrevocable, non-exclusive, and fully transferable, assignable, and sublicensable right and license to use, copy, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, display, transmit, stream, broadcast, and incorporate in other works any User Content (in whole or part) in any form, media, or technology now known or later developed, including for promotional and/or commercial purposes. You agree that we may use, or permit others to use, without charge, your name, biography, picture, and likeness with the content you submit and otherwise in materials promoting, marketing, or advertising the Sites, including the Apps or Social Media Platforms, the Services, or our goods or services, in any media, without any compensation or notice to you or approval by you.
Through the Sites and Services you may access, review, display, or use third-party services, resources, Content, software, technology, materials, or information (“Third-Party Materials”), including, but not limited to, from other users. You acknowledge and agree that you are solely responsible for and assume all risks arising from your access to, use of, or reliance on any Third-Party Materials, and Rodale disclaims any liability that you may incur arising from your access to, use of, or reliance on Third-Party Materials or User Content. You also acknowledge and agree that Rodale: (i) has no responsibility for the availability or accuracy of Third-Party Materials, including third-party products or services; (ii) has no liability to you or any third party for any harm, injuries, or losses suffered as a result of your access to or use of such Third-Party Materials; and (iii) does not make any promises to remove Third-Party Materials from the Sites or Services or from being accessed through the Sites or the Services. Nothing in the Terms authorizes you to, and you may not, reproduce, distribute, publicly display, publicly perform, communicate to the public, make available, create derivative works of, or otherwise use or exploit any Third-Party Materials except as expressly permitted by the Sites or the Services.
You agree that you shall not, and that you shall not permit any third party using your Account, to do any of the following while using the Sites or Services:
Right to Monitor and Editorial Control
We reserve the right, but do not have an obligation, to monitor and review all User Content or other materials posted by you to or through the Sites or Services. We are not responsible for the User Content posted by users. Please govern your use of that content accordingly. We reserve the right to edit, refuse to post, or to remove any content you post, including User Content, for any reason, at any time, and without advance notice to you. Our reasons for editing, removing, or refusing to post content may include that such content is objectionable to us in our sole discretion, that it violates these Terms, or that it violates any applicable statutes, laws, rules, regulations, guidelines, or ordinances. We may also limit your access to all or certain portions of the Site, Apps, or Social Media Platforms without notice to you for any reason.
Posting Private or Sensitive Information
Your User Content and content, information, or material posted on or through the Sites and Services are stored in multiple places on the Internet. We have no control over who will see this content and no ability to permanently remove it from public view. Please be careful about content, information, and material that you post and avoid disclosing sensitive, embarrassing, proprietary, medical, or confidential information.
As between you and us, we own all rights, title, and interest in and to the Sites and Services, including all of the Content, code, data, and materials we make available on or through the Sites and Services, the look, feel, and design of the Site, including, but not limited to, any copyrights, trademarks and service marks, trade names, trade dress, patents, designs, trade secrets, know-how, database rights, moral rights, sui generis rights, and other intellectual property and proprietary rights therein. As between you and us, we own all rights, title, and interest in and to all of our content or any other data, information, or material on the Sites or Services, including Apps and Social Media Platforms, including, but not limited to, any copyrights, trademarks and service marks, trade names, trade dress, patents, designs, trade secrets, know-how, database rights, moral rights, sui generis rights, and other intellectual property and proprietary rights therein. Your use of the Sites and Services do not grant to you any ownership or rights to or in any of that Content, code, data, or other materials.
Subject to your compliance with these Terms, we grant you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to access the Sites and Services and view the Content on the Services on your personal computer or mobile devices for your personal use only. We may revoke your license to access and/or use the Sites and Services at any time and for any reason without advance notice to you.
Our trademarks, logos, service marks, and trade names (collectively the "Trademarks") displayed on or through the Sites and Services or on Content available through them are our registered and unregistered Trademarks, and you may not use them in any manner without our express written consent. Your use of our Trademarks in connection with products and/or services that are not related to, associated with, or sponsored by us are likely to cause customer confusion and therefore is prohibited. Use of the Sites and Services does not grant you any license or right to use any Trademarks.
You agree to defend, indemnify. and hold us and our shareholders, directors, officers, employees, agents, contractors, representatives, contractors, licensors, service providers, vendors, successors and assigns, and affiliates (collectively the “Indemnified Parties”) harmless from any and all claims, liabilities, costs, and expenses, including attorneys' fees, arising in any way from your use of the Sites and Services, any Content, User Content, Third-Party Materials, and third-party sites, and any violation of the Terms. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter subject to indemnification by you, and in such case, you agree to cooperate with our defense of such claim at your sole expense.
Mobile Devices/Third-Party Fees
You are responsible for providing the equipment and services you need to access and use the Sites and the Services, including to mobile device services, and you acknowledge and agree that access may involve third-party fees, including Internet service providers, mobile carrier, text messaging, or airtime charges. You are solely responsible for those fees, including any and all fees associated with the use of the Sites and Services, including Apps, delivery of the messages, e-mails, or other materials to your devices. For mobile devices, please consult your mobile service provider's pricing plan prior to purchasing or downloading any Apps or registering for any such service to determine the charges for sending and receiving text messages from/to your mobile device.
We frequently link to third-party websites on the Sites and through the Services. You agree that we have no responsibility for the information, content, products, services, advertising, code, or other materials which may be available on or through those third-party sites. The inclusion of a link to a third-party site does not necessarily imply our endorsement, sponsorship, or recommendation of that site.
Disclaimer of Warranties
The Sites, Services and all content, including Content and User Content, are provided "as is," "as available," without warranty of any kind, either express or implied, including, without limitation, any warranties of title, non-infringement, merchantability, or fitness for a particular purpose and any warranty for information, data, data processing services, uptime or uninterrupted access, and any warranties concerning the availability, playability, displayability, accuracy, precision, correctness, thoroughness, completeness, usefulness, or content of information. We hereby disclaim any and all such warranties, express and implied. We do not warrant that the Sites, Services, or any content, including the Content and User Content, will be secure, provided uninterrupted or error-free, or that defects will be corrected.
No advice, results or information, whether oral or written, obtained by you from us or through the Sites or Services shall create any warranty. We assume no responsibility and shall not be liable for any damages to, or viruses that may infect, your equipment on account of your access to or use of the Sites or Services or any content or your downloading of any content, including Content or User Content, materials, data, text, images, video content, or audio content from them. If you are dissatisfied with the Sites or Services, your sole remedy is to discontinue your use.
Limitation of Liability
In no event shall the Indemnified Parties be liable for any direct, indirect, special, incidental, consequential, exemplary, or punitive damages arising from, or directly or indirectly related to, the use of, or the inability to use, the Sites or Services, even if any of the Indemnified Parties has been advised of the possibility of such damages. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so some of the above limitations may not apply to certain users. In no event shall the Indemnified Parties be liable for or in connection with any content, including Content or User Content, posted, transmitted, exchanged, or received by or on behalf of any user or other person on or through the Sites or Services. In no event shall the total aggregate liability of the Indemnified Parties for all damages, losses, and causes of action (whether in contract or tort, including, but not limited to, negligence or otherwise) related to your use of the Sites, Services or any Content exceed, the greater of the amounts, if any, paid by you to us for your use of the Sites or Services or ten dollars ($10.00).
These Terms and the relationship between you and us, and any and all disputes, claims, and controversies arising out of or in connection with your access to, and/or use of the Sites and/or Services, and/or the provision of Content, services, and/or technology on or through the Sites or Services shall be governed by the laws of the Commonwealth of Pennsylvania, United States of America. You acknowledge and agree that Rodale is located in the United States (U.S.) and will process and store your User Content in the U.S., and that, as a result, U.S. federal, state, and local governments, courts, or law enforcement or regulatory agencies may be able to obtain disclosure of your User Content through the laws of the U.S. In addition, we operate the Sites and Services from our locations in the U.S. We do not represent that the Sites or Services are appropriate or available for use in any other locations. If you choose to access the Sites or Services from locations outside of the U.S., do so only at your own risk. If the laws where you are located or reside prohibit you from using the Sites, Services, or any Content for any reason, do not use the Sites, Services, or Content.
Disputes/Arbitration. Please Read This Section Carefully, As It May Affect Your Legal Rights
You and Rodale agree that any claims, causes of action, controversies, or disputes that either party has arising out of or relating to these Terms, or the breach thereof, or the Sites and Services shall be settled by arbitration administered by the American Arbitration Association in accordance with its applicable Arbitration Rules. The place of arbitration shall be Lehigh County, Pennsylvania, USA. All parties to these terms and conditions waive their respective rights to a trial by jury.
Class Action Waiver. Please Read This Section Carefully, As It May Affect Your Legal Rights
All claims, causes of action, controversies, or disputes in any forum shall be conducted on an individual basis and not part of any class. You and Rodale agree to resolve any claims, causes of action, controversies, or disputes on an individual basis only, and not as part of any class. You and Rodale agree that neither you nor Rodale will participate in any class brought by any third party arising under the terms and/or in connection with the Sites and/or Services.
We may terminate, change, suspend, or discontinue any aspect of the Sites (including Apps or Social Media Platforms) or Services at any time. We may restrict, suspend, or terminate your access if we believe you are in breach of these Terms or applicable statutes, laws, rules, regulations, guidelines, or ordinances, or for any other reason without advance notice or liability.
We reserve the right, in our sole and absolute discretion, to change, modify, add, or remove any portion of the Terms, in whole or in part, at any time. Please check back frequently to the Terms for updates. Changes in the Terms will be effective when posted. Your continued use of the Sites (including Apps or Social Media Platforms), Services, or any Content after any such postings shall constitute your acceptance of any changes, additions, or deletions to the Terms.