Terms & Conditions
End User License Agreement
IMPORTANT: PLEASE READ THESE TERMS CAREFULLY. THIS AGREEMENT GOVERNS YOUR USE OF THE
TheSwineFluFacts.com SERVICE, INCLUDING THE TheSwineFluFacts.com NETWORK OF SITES, TheSwineFluFacts.com PROVIDED TO
YOU BY TheSwineFluFacts.com, LLC. BY USING THE SERVICE, YOU AGREE TO THIS END USER LICENSE AGREEMENT,
WHICH INCLUDES THE TheSwineFluFacts.com PRIVACY POLICY AND OTHER POLICIES AND GUIDELINES OF THE
SERVICE, INCLUDING OFFICIAL RULES FOR ANY CONTESTS OR SWEEPSTAKES, OFFICIAL GIFT OFFER
RULES AND THE POLICIES AND GUIDELINES OF OUR THIRD PARTY PARTNERS (”SPONSORS”)
(COLLECTIVELY, THE “AGREEMENT”). ALL SUCH RULES, POLICIES AND GUIDELINES ARE INCORPORATED
BY REFERENCE INTO THIS AGREEMENT.
THE SERVICE IS ONLY OFFERED TO UNITED STATES RESIDENTS WHO ARE 18 YEARS OF AGE AND OVER. IF
YOU DO NOT AGREE TO THESE TERMS OF THIS AGREEMENT PLEASE DO NOT USE THE SERVICE. WE
RESERVE THE RIGHT, AT OUR DISCRETION, TO CHANGE OR MODIFY THE TERMS AND CONDITIONS OF
THE AGREEMENT AT ANY TIME. PLEASE CHECK THESE TERMS PERIODICALLY FOR CHANGES AND OR
UPDATES. YOUR CONTINUED USE OR ANY PART OF THE SERVICE FOLLOWING THE POSTING OF
CHANGES TO THESE TERMS AND CODITIONS (INCLUDING OFFICIAL GIFT OFFER RULES AND OFFICIAL
SWEEPSTAKES RULES) INDICATE YOUR ACCEPTANCE OF THOSE CHANGES.
THE INFORMATION PROVIDED HEREIN IS FOR INFORMATIONAL PURPOSES ONLY AND SHOULD NOT BE
USED DURING ANY MEDICAL EMERGENCY OR FOR THE DIAGNOSIS OR TREATMENT OF ANY MEDICAL
CONDITION. A LICENSED MEDICAL PROFESSIONAL SHOULD BE CONSULTED FOR DIAGNOSIS AND
TREATMENT OF ANY AND ALL MEDICAL CONDITIONS. CALL 911 FOR ALL MEDICAL EMERGENCIES. LINKS
TO OTHER SITES ARE PROVIDED FOR INFORMATION ONLY . THEY DO NOT CONSTITUTE ENDORSEMENT
OF THE INFORMATION FROM OTHER SITES. ANY DUPLICATION OR DISTRIBUTION OF THE INFORMATION
CONTAINED HEREIN IS STRICTLY PROHIBITED. NEVER DISREGARD PROFESSIONAL MEDICAL ADVICE OR
DELAY IN SEEKING IT BECAUSE OF SOMETHING YOU READ ON ANY OF TheSwineFluFacts.com’S WEB SITES.
1. License Grant.
Subject to the terms and conditions of this Agreement, TheSwineFluFacts.com grants to you a non-exclusive, non-
transferable, revocable, limited license, to use the Service solely for, non-commercial and personal
purposes. You understand that we, in our sole discretion, may modify the Service at any time or suspend
or terminate any license hereunder.
2. Use of Content.
All information contained herein is protected by copyright under both United States and International
law. Any use of the content not expressly permitted by these Terms and Conditions may violate State,
Federal and International copyright and trademark law. Content, images and features are subject to
change or termination without notice in the discretion of TheSwineFluFacts.com, LLC. All rights not expressly
granted herein are reserved to TheSwineFluFacts.com and its licensors. Copyright © 2007-2008, TheSwineFluFacts.com, LLC
The content by TheSwineFluFacts.com, LLC is provided on an “as-is” basis. TheSwineFluFacts.com, ITS LICENSORS, CONTENT
PROVIDERS AND SUPPLIERS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM 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 PARTICULAR PURPOSE. Not limited to the foregoing, TheSwineFluFacts.com, its licensors, and its
content providers make no representation or warranties to the following:
1. The accuracy, reliability, currentness or timeliness of the Content, software, text, graphics, links or
communications provided on or through the use of the TheSwineFluFacts.com web sites.
2. The satisfaction of any government regulations requiring disclosure of information on prescription
drugs or the approval of compliance of any software applications with regard to the Content contained
on this and all TheSwineFluFacts.com web sites.
By using this web site you agree not to copy, reproduce, upload or transmit Content of any type to
public areas including blogs, message boards, forums or Authority sites that infringe or violate any rights
of any party.
3. Ownership.
You acknowledge that the Service is the property of TheSwineFluFacts.com or its licensors, and is protected by
U.S. and international copyright, trademarks, patents and other proprietary rights and laws relating to
“Intellectual Property Rights”. “Intellectual Property Rights” means, collectively, rights under patent,
trademark, copyright and trade secret laws, and any other intellectual property or proprietary rights
recognized in any country or jurisdiction worldwide, including without limitation, moral or similar rights.
All rights not expressly granted hereunder are expressly reserved to TheSwineFluFacts.com and TheSwineFluFacts.com’s
licensors. TheSwineFluFacts.com is a service mark of TheSwineFluFacts.com, LLC.
4. Content and Infringement.
You understand that all third party content, including, without limitation all Sponsor offers, data, links,
articles, search results, graphic or video messages and all information, text, software, music, sound,
graphics or other materials made available or accessible through the Service (”Content”), whether
publicly available or privately transmitted, is the sole responsibility of the entity from whom it
originated. TheSwineFluFacts.com does not endorse or control such Content. You understand and agree that by
using the Service, you may be exposed to Content that may be offensive, indecent or objectionable in
your community. You agree to accept all risks associated with the use of any Content, including any
reliance on the accuracy or completeness of such Content. Under no circumstances will TheSwineFluFacts.com or
its licensors be liable in any way for any Content, including, but not limited to, for any errors or
omissions in any Content, or for loss or damage of any kind incurred as a result of the use of any Content
posted or transmitted via the Service. By accepting this Agreement, you indicate that you understand,
acknowledge and agree that by using the Service, you may be subject to various risks, including the
exposure of data you have downloaded or have offered to share, and that you accept all such risk as
solely your risk and responsibility.
In addition, all Content made available or accessed through the use of the Service is the property of the
applicable Content owner and may be protected by applicable laws, including without limitation, those
relating to Intellectual Property Rights. Finally, any suggestions, ideas or innovations that you voluntarily
and optionally disclose to us through any means may be used or not used, at TheSwineFluFacts.com’s sole
discretion, and TheSwineFluFacts.com will have no obligation to pay to you for any such suggestions, ideas and
inventions.
5. Privacy.
You consent to the use and collection of your information in accordance with TheSwineFluFacts.com’s privacy
policy. This Privacy Policy is part of this Agreement and you agree that use of data as described in the
privacy policy is not an actionable breach of your privacy or publicity rights.
Passwords and Your Privacy . It is your sole responsibility to control the dissemination and use of
activation codes and passwords; authorize, monitor and control access to and use of your TheSwineFluFacts.com
account information; promptly inform TheSwineFluFacts.com of any need to deactivate your password. By using
this web site you grant TheSwineFluFacts.com the right to store, transmit and monitor your information in
connection with the operation of this site. TheSwineFluFacts.com does not assume any responsibility or liability
for any information you submit, or your third parties. use or misuse of information transmitted or
received using TheSwineFluFacts.com tools and services.
6. Registration Information and Email Newsletter.
If you elect to register to use the Service, you agree to: (a) provide true, accurate, current and complete
information about yourself as prompted by the our registration form (such information being the
“Registration Data”); and (b) maintain and promptly update the Registration Data to keep it accurate. If
you provide any information that is untrue, inaccurate, or incomplete, TheSwineFluFacts.com may in its sole
discretion have grounds to suspect that such is the case, we have the right to suspend or terminate your
account and refuse any and all current or future use of the Service (or any portion thereof). In addition,
when you register for the Service, you agree to receive an email newsletter that may contain
TheSwineFluFacts.com or Sponsored offers. You may opt-out of receiving this email newsletter at any time by
following the opt-out instructions. Your information will remain property ofTheSwineFluFacts.com and WILL NOT
be sold or leased to third parties.
7. Official Gift Offer Rules.
You agree to be bound by the relevant Official Gift Offer Rules for the offer giveaways.
8. Official Sweepstakes Rules.
You agree to be bound by the relevant Official Rules for the sweepstakes you elect to participate in.
9. Indemnification
You are entirely responsible for maintaining the confidentiality of the information you provided to us.
Furthermore, you are entirely responsible for any and all activities which occur under your account. You
agree to indemnify, defend and hold harmless TheSwineFluFacts.com, its parents, affiliates and subsidiary
companies, officers, directors, employees, consultants and agents from any and all third party claims,
liability, damages and/or costs (including, but not limited to, attorneys fees) arising from your use of the
Service, your violation of the terms of this Agreement or your infringement, or infringement by any
other user through your account, of any Intellectual Property Right or other right of any person or
entity. You agree to immediately notify us of any unauthorized use of your account or any other breach
of security known to you.
10. DISCLAIMER OF WARRANTY
YOUR ACCESS AND USE OF THE SERVICE AND ANY CONTENT IS AT YOUR SOLE RISK.WE PROVIDE THE
SERVICE AND THE CONTENT ON AN “AS IS,” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY
KIND, EITHER EXPRESSED, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION, ANY IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, CUSTOM, TRADE,
QUIET ENJOYMENT, ACCURACY OF INFORMATIONAL CONTENT, SYSTEM INTEGRATION OR NON-
INFRINGEMENT. WE MAKE NO REPRESENTATIONS OR WARRANTIES CONCERNING THE SERVICES
PROVIDED BY THIRD PARTIES ACCESSIBLE ON OR THROUGH THE SERVICE OR THE CONTENT. NEITHER
WE NOR OUR DIRECTORS, OFFICERS, EMPLOYEES, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS,
CONTRACTORS, THIRD PARTY VENDORS, FACILITIES, INFORMATION PROVIDERS, LICENSORS, OR OTHER
SUPPLIERS PROVIDING DATA, INFORMATION, OR SERVICES (EACH A “PROVIDER”) MAKE ANY
REPRESENTATION OR WARRANTY: (A) AS TO THE TIMELINESS, SEQUENCE, ACCURACY, COMPLETENESS,
RELIABILITY OF THE CONTENT OR THE SERVICE OR ANY INFORMATION, SERVICE OR TRANSACTION
PROVIDED THEREBY, OR (B) THAT THE SERVICE WILL BE AVAILABLE OR WILL OPERATE IN AN
UNINTERRUPTED OR ERROR-FREE MANNER, OR (C) THAT ERRORS OR DEFECTS RELATED TO THE SERVICE
WILL BE CORRECTED. WE ALSO DO NOT WARRANT THAT THE SERVICE OR THE INFORMATION AVAILABLE
THROUGH THE SERVICE OR THE CONTENT IS APPROPRIATE, ACCURATE OR AVAILABLE FOR USE IN ANY
PARTICULAR JURISDICTION. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS
AGREEMENT.
The above exclusions may not apply in jurisdictions that do not allow the exclusion of certain implied
warranties.
11. Termination
We may terminate this Agreement or cease offering the Service, at any time and for any reason in our
sole discretion.
12. Limitation of Liability
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT IN NO EVENT WILL TheSwineFluFacts.com ITS PARENT,
SUBSIDIARIES, OR AFFILIATES OR THEIR EMPLOYEES, DISTRIBUTORS, LICENSORS, SUPPLIERS, PARTNERS,
ADVERTISERS, DIRECTORS OR AGENTS (EACH A “PROTECTED PARTY, COLLECTIVELY “PROTECTED
PARTIES”) BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL OR
EXEMPLARY DAMAGES OR OTHER RELIEF ARISING OUT OF, OR RELATED TO, THIS AGREEMENT OR TO
YOUR USE OR INABILITY TO USE ANY OR ALL OF THE SERVICE INCLUDING, WITHOUT LIMITATION, LOST
PROFITS, LOST BUSINESS OR LOST OPPORTUNITY, GOODWILL, OR OTHER INTANGIBLE LOSSES. IN NO
EVENT WILL PROTECTED PARTIES’ MAXIMUM CUMULATIVE LIABILITY UNDER THIS AGREEMENT EXCEED
THE LESSER OF FIFTY DOLLARS ($50) OR THE REVENUE EXACT ACTUALLY RECEIVED DIRECTLY
ATTRIBUTABLE TO THE SOFTWARE ON YOUR COMPUTER. BECAUSE SOME STATES OR JURISDICTIONS DO
NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL
DAMAGES, IN SUCH STATES OR JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE EXTENT
PERMITTED BY LAW.
13. Applicable Law
This Agreement shall be governed by and construed in accordance with the laws of the State of Florida,
without giving effect to any principles of conflicts of laws, and you hereby consent to the personal and
exclusive jurisdiction of the state and federal courts located in Palm Beach County, FL. You agree that
any and all disputes, controversies and claims relating in any way to the Software, this Agreement or the
breach thereof (including the arbitration of any claim or dispute and the enforceability of this
paragraph) shall be submitted to and resolved by means of a confidential arbitration administered by
the American Arbitration Association under its then current Commercial Arbitration Rules and
conducted in Palm Beach County, FL. The arbitrator’s award shall be binding and may be entered as a
judgment in any court of competent jurisdiction. You and TheSwineFluFacts.com may litigate in any court of
competent jurisdiction only to stay or compel arbitration under this Agreement or to confirm, modify,
vacate or enter judgment on the award rendered by the arbitrators and to enforce the judgment that is
entered. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be
joined to an action involving any other current or former user of the Software, whether through class
arbitration proceedings or otherwise. However, to the extent you have in any manner violated or
threatened to violate TheSwineFluFacts.com’s intellectual property rights, TheSwineFluFacts.com may seek injunctive or
other appropriate relief in any court of competent jurisdiction and you irrevocably consent to
jurisdiction and venue in such courts. The United Nations Convention on Contracts for the International
Sale of Goods does not apply to this Agreement. You agree that regardless of any statute or law to the
contrary, any claim or cause of action arising out of or related to use of the Service or the TheSwineFluFacts.com
Privacy Policy must be filed within one (1) year after such claim or cause of action arose or be forever
barred
14. Successor Agreements
The terms of this Agreement may change from time to time. You should check back at
http://www.TheSwineFluFacts.com (the “Home Page”) regularly to determine if any material changes have been
made. We will prominently post material changes on the Home Page. You agree that your continued use
of the Service after the effective date of any change will constitute your affirmative consent to this
revised Agreement. If you do not accept such revisions, do not access or use the Service.
15. General
This Agreement, as modified from time to time as described above, and including the TheSwineFluFacts.com
Privacy Policy, guidelines and policies incorporated by reference, sets forth the entire understanding and
agreement between the parties. Without limiting any other remedy available to us, we may suspend or
terminate this Agreement and your access and use of the Service if we have reason to believe that you
have failed to comply with your obligations under this Agreement. Upon termination, cancellation,
suspension or expiration of this Agreement for any reason and by either party, you agree to cease all use
of the Service. No delay or failure to enforce any provision of this Agreement will constitute a waiver of
such provision by TheSwineFluFacts.com or acts as estoppels against later enforcement. This Agreement
constitutes the entire agreement between you and TheSwineFluFacts.com with respect to the specific subject
matter addressed herein, and governs your use of the Service, superseding any prior agreements
between you and TheSwineFluFacts.com or its affiliates or related entities relating to such subject matter, but this
Agreement may be supplemented by any other agreement you enter into with TheSwineFluFacts.com or its
affiliates or related entities pursuant to a registration to access additional software or services provided
by TheSwineFluFacts.com. You may not assign any of your rights or delegate any of your obligations under this
Agreement without the prior written consent of TheSwineFluFacts.com. Any purported assignment without such
consent will be null and void. TheSwineFluFacts.com shall not be deemed to be in breach of this Agreement due to
any delay or failure of performance or interruption in the availability of the Service resulting directly or
indirectly from any act of nature or other cause beyond the reasonable control of TheSwineFluFacts.com. If any
provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties
nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in
the provision, and that the other provisions of this Agreement remain in full force and effect. All
provisions of this Agreement that are intended to survive expiration, cancellation or termination of this
Agreement shall so survive. The section headings used in this Agreement are for convenience only and
have no legal or contractual effect.
The information provided herein should not be used during any medical emergency or for the diagnosis
or treatment of any medical condition. A licensed medical professional should be consulted for diagnosis
and treatment of any and all medical conditions. Call 911 for all medical emergencies. Links to other
sites are provided for information only — they do not constitute endorsements of those other sites. ©
TheSwineFluFacts.com LLC. Any duplication or distribution of the information contained herein is strictly
prohibited.
