Terms & Conditions

Today’s Nurse

Terms and Conditions

These terms and conditions constitute an agreement between you and Today’s Nurse, Inc. (“Today’s Nurse,” “we,” or “us”), the operator of todaysnurse.org (the “Site”) and related websites, applications, services and mobile applications provided by Today’s Nurse and in which this Terms and Conditions is posted or referenced (collectively, the “Services”). These terms and conditions (the “Terms and Conditions”), together with our Privacy Policy (which is incorporated herein for reference, and collectively, this “Agreement”) govern your use of the Services, both as a non-registered user and as a registered user.

By using or otherwise accessing the services, and/or by registering with us, you agree to the terms of this agreement and our Privacy Policy incorporated herein. If you do not agree with this agreement, you cannot use the services. Please note that we offer the Services "AS IS" and without warranties. If you are registering an account or using the Services on behalf of an individual or entity other than yourself, you represent that you are authorized by such individual or entity to accept this Agreement on such individual's or entity's behalf.

1. About the Site

Portions of the Services are viewable without registering with us, however, to fully participate or maintain your information, you must register as a member and specifically authorize the use and disclosure of your personal and health information for purposes of allowing us to provide the Services and as otherwise disclosed in our Privacy Policy.

You acknowledge and agree that although some of the content, text, data, graphics, images, information, suggestions, guidance, and other material (collectively, “Information”) that is provided to you through the Services (including Information provided in direct response to your questions or postings) may be provided by individuals in the medical profession, the provision of such Information does not create a medical professional/patient relationship, and does not constitute an opinion, medical advice, diagnosis or treatment. Rather, is provided to assist you with finding appropriate medical care from a doctor, healthcare specialist, professional or provider (collectively, “Healthcare Professional”).

2. Today’s Nurse DOES NOT PROVIDE MEDICAL ADVICE

The Information that you obtain or receive from Today’s Nurse, its employees, contractors, partners, sponsors, advertisers, licensors or otherwise is for information, scheduling and administrative purposes only. All medically related information comes from independent healthcare professionals and organizations.

The information provided on the site and in any other communications from or provided through Today’s Nurse is not intended as a substitute for, nor does it replace, professional medical advice, diagnosis, or treatment. Do not disregard, avoid or delay obtaining medical advice from a qualified healthcare professional because of something you may have read on the site. Do not use the services for emergency medical needs. If you experience a medical emergency, immediately call a health care professional and 911. Your use of information provided through the services is solely at your own risk. Nothing included or posted on the site or available through any services is intended to be, and should not be taken to be, the practice of medicine, nursing, or other professional health care advice, or provision of medical care.

We do not recommend or endorse any specific Healthcare Professionals, procedures, opinions, or other information that may appear through the Services. If you rely on any Information provided through the Services, you do so solely at your own risk.

3. NO PATIENT RELATIONSHIP

No medical professional/patient relationship is created by using information provided by or through the use of the services or through any other communications from Today’s Nurse including links to other sites or any assistance we may provide to help you find an appropriate healthcare professional.

We make no guarantees, representations or warranties, expressed or implied, with respect to professional qualifications, expertise, quality of work, price or cost information or other information through the services. We do not endorse or recommend any individual or entity listed or accessible through the services. In no event shall we be liable to you or anyone else for any decision made or action taken by you in reliance on any such information.

We have no control over, and cannot guarantee the availability of any Healthcare Professional at any particular time. We will not be liable for cancelled or otherwise unfulfilled appointments, or any injury resulting therefrom, or for any other injury resulting or arising from or related to the use of the Site or Services.

We strongly advised you to perform your own research prior to selecting a Healthcare Professional by contacting the appropriate licensing or certification authorities to verify listed credentials and education, and to further verify information about a particular Healthcare Professional by confirming with the Healthcare Professional’s office, your current Healthcare Professional, the medical association relative to the Healthcare Professional’s specialty and your state medical authorities.

4. AUTHORIZATION AND ACKNOWLEDGEMENT; IMPORTANT INFORMATION ABOUT HEALTHCARE PROFESSIONAL RELATIONSHIPS AND LISTS

In connection with using the Site and the Services to locate and schedule appointments with Healthcare Professionals, you understand that:

5. EDITORIAL CONTROL

We make the Services available as a service to consumers and Healthcare Professionals for the purposes of providing an informative and educational resource. It is important to note that the timeliness, accuracy, and completeness of any or all of the Information is not guaranteed. The authors, Today’s Nurse personnel, or any other party who has been involved in the preparation or publication of this information can assure you that the Information contained herein is, in every respect, accurate or complete. They are not responsible for any errors or omissions or for the results obtained from the use of such Information. You are encouraged to independently confirm the Information contained herein with other sources and to seek the advice of a qualified Healthcare Professional.

HEALTHCARE PROFESSIONAL INFORMATION: Healthcare Professional and practice information found through the Services is intended for general reference purposes only. Healthcare Professional information is provided by the Healthcare Professional and/or office staff and may be collected from multiple other data sources that may not be confirmed by the Healthcare Professional. Such information may change frequently and may become out of date, incomplete or inaccurate. Neither the Site nor Today’s Nurse provides any advice or qualification certification about any particular Healthcare Professional. You are encouraged to independently verify any such information.

PROCEDURES/PRODUCTS/SERVICES: The procedures, products, services and devices discussed and/or marketed through the Services are not applicable to all individuals, patients or all medical situations. We make no claims as to the safety, appropriateness, or effectiveness of such procedures, products, services or devices. Any products and/or services represented through the Services by advertisers, sponsors, and other participants of the Services, either paid or unpaid, are presented for your information and do not necessarily imply safety or appropriateness for any particular individual or prediction of effectiveness, outcome or success.

6. YOUR RESPONSIBILITIES

Though the Services are provided free of charge; usual, customary and any other charges for any medical or related services rendered by Healthcare Professionals will apply and will be entirely your responsibility. You must resolve any dispute between you or any Healthcare Professional arising from any transaction hereunder directly with the Healthcare Professional.

You are responsible for all use of the Services and for all use of your Credentials, including use by others to whom you have given your Credentials. You may only use the Site and the Services for lawful, non-commercial purposes only. You may not use the Site in any manner that could damage, disable, overburden, or impair our servers or networks, or interfere with any other party's use and enjoyment of the Site or the Services. You may not attempt to gain unauthorized access to any of the Services, user accounts, or computer systems or networks, through hacking, password mining or any other means.

Without limiting any of the foregoing, you agree that you shall not (and you agree not to allow any third party to):

• copy, modify, adapt, translate, or reverse engineer any portion of the Site, its content or materials and/or the Services;
• remove any copyright, trademark or other proprietary rights notices contained in or on the Site and/or the Services or in or on any content or other material obtained via the Site and/or the Services;
• use any robot, spider, site search/retrieval application, or other automated device, process or means to access, retrieve or index any portion of the Site and/or the Services;
• access or retrieve any portion of the Site and/or the Services for purposes of constructing or populating a searchable database of reviews or other Information related to the healthcare industry or Healthcare Professionals;
• reformat or frame any portion of the web pages that are part of the Site and/or the Services;
• fraudulently misuse the Services, including scheduling an appointment with a Healthcare Professional which you do not intend to keep;
• create user accounts by automated means or under false or fraudulent pretenses;
• collect or store personal data about other users in connection with the prohibited activities described in this paragraph;
• accumulate or index, directly or indirectly, any portion of the Site and/or Services (including, without limitation, Healthcare Professional or practice information, appointment availability, and price information) for any purpose whatsoever; or
• use any means to conduct web scraping of any portion of the Site, its content or materials and/or the Services.

In addition to our rights in these Terms and Conditions, we may take any legal action and implement any technical remedies to prevent the violation of this provision and to enforce these Terms and Conditions.

7. Responsibilities of Healthcare Professionals

Regardless of whether you are a member or whether you schedule or intend to schedule appointments through the Services, if you are a Healthcare Professional or other person or entity in the healthcare or medical industries, you acknowledge and agree that:

(A) You will not use the Services to view access or otherwise use, directly or indirectly, price, availability, or other information for any purpose other than your own personal use as a patient or prospective patient.

(B) You will not use the Services to establish, attempt to establish, or enforce, directly or indirectly, any agreement or coordination of the prices charged for any product or service; the kinds, frequencies or amounts of any product or service offered; or the customer or customer categories for any product or service, or otherwise engage or attempt to engage in price fixing, output restriction, or customer or market allocation.

(C) You will not use the Services, directly or indirectly, to engage in any anti-competitive, deceptive or unfair practices, or otherwise violate applicable antitrust, competition or consumer protection laws, or regulations.

8. ADDITIONAL TERMS

Certain of the Services may have additional terms (such as policies, guidelines, and rules) that will further govern your use of that particular Service and supplement these Terms and Conditions. If you choose to register for or access any such Services, you will be presented with any relevant additional terms and conditions at that time. By using those Services, you agree to comply with such additional guidelines and rules.

9. CHANGES TO THE SERVICES

We may from time to time add new services to the Services, substitute a new service for one of the existing Services, or discontinue or suspend one of the existing Services. Information about the new services will be included through the Services, and the use of new services will be governed by these Terms and Conditions. You agree that Today’s Nurse will not be liable to you or any third party for any suspension or discontinuation of any of the Services.

10. LINKS TO OTHER SITES

The Site may include links to other websites, including links provided as automated search results. Some of these websites may contain materials that are objectionable, unlawful, or inaccurate. These links are provided for your convenience only and we do not endorse these sites or the products and services they provide. You acknowledge and agree that we are not responsible or liable for the content or accuracy of these other websites.

11. NO SPAM

You may not use contact information provided by our users or Healthcare Professionals, or harvest such information for the purpose of sending, or to facilitate the sending of, unsolicited bulk communications, such as SPAM. You may not allow others to use your account to violate the terms of this section. We may terminate your membership or access to the Site immediately and take other legal action if you or anyone using your Credentials violates these provisions.

12. CONTENT YOU POST OR SUBMIT

You will have the opportunity to submit feedback regarding your experiences with Healthcare Professionals who are featured through the Services, to submit inquiries concerning possible medical needs and to participate in the other interactive and community features of the Site (collectively “Posted Information”). You must act responsibly when providing Posted Information. In providing feedback, give only clear, honest information about the Healthcare Professional and your experiences. Do not use inappropriate language, make gratuitous personal criticisms or comments or provide information that others could use to determine your identity. When participating in other interactive or community aspects of the Service, do not post any information that another user or Healthcare Professional may use to identify you as an individual, but please do include all relevant information in a concise manner to help us provide you with a helpful response.

We reserve the right to publish your Posted Information as part of the Service and to also remove your Posted Information for any reason. We are not, however, responsible for any failure or delay in posting or removing Posted Information. Keep in mind that the Posted Information of others is simply opinion and should not be relied on. In addition:

• You are solely responsible for any Posted Information that you submit, publish or display through the Services or transmit to other members and/or other users of the Site.
• You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights. You may not submit any content or material that infringes, misappropriates or violates the intellectual property, publicity, privacy or other rights of any party.
• You may not provide any Posted Information that falsely expresses or implies that such content or material is sponsored or endorsed by Today’s Nurse.
• You may not provide any Posted Information that is unlawful or that promotes or encourages illegal activity.
• You understand and agree that Today’s Nurse may (but is not obligated to) review and delete any Posted Information that in the sole judgment of Today’s Nurse violates these Terms and Conditions or which might be offensive, illegal, or that might violate the rights of, harm, or threaten the safety of other users or members of the Services and/or other website users.
• You agree that you will only provide Posted Information that you believe to be true and you will not purposely provide false, deceptive or misleading information.

By posting Posted Information through the Services, you agree to and hereby grant, and you represent and warrant that you have the right to grant, to Today’s Nurse, its contractors, and the users of the Site an irrevocable, perpetual, royalty-free, fully sub-licensable, fully paid up, worldwide license to use, copy, publicly perform, digitally perform, publicly display, and distribute such Posted Information and to adapt, edit, translate, prepare derivative works of, or incorporate into other works, such Posted Information. This license is non-exclusive, except you agree that Today’s Nurse shall have the exclusive right to practice this license to the extent of combining your Posted Information with the Posted Information of other Today’s Nurse users for purposes of constructing or populating a searchable database of reviews and information related to the healthcare industry.

The following is a partial list of the kind of content and communications that are illegal or prohibited on/through the Site. Today’s Nurse reserves the right to investigate and take appropriate legal action in its sole discretion against anyone who violates this provision, including without limitation, removing any offending communication from the Services and terminating the membership of such violators or blocking your use of the Services. You may not post content that:

• is false or intentionally misleading;
• harasses or advocates harassment of another person;
• involves the transmission of unsolicited mass mailing or "spamming";
• violates the intellectual property or other rights of any person;
• violates antitrust, competition, or consumer protection laws;
• is threatening, obscene, defamatory or libelous; or
• is inappropriate, pornographic, or sexually explicit in nature.

13. YOUR USE OF CONTENT

All of the Information available on or through the Services and/or the Site, including without limitation, text, photographs, graphics and video and audio content, is owned by us and our licensors and is protected by copyright, trademark, patent, and trade secret laws, other proprietary rights, and international treaties. You acknowledge that the Services and any underlying technology or software used in connection with the Services contain Today’s Nurse proprietary information. You are given permission to use the aforementioned content solely for personal, non-commercial purposes and do not transfer any intellectual property rights to you by virtue of permitting your use of the Services. You may print, download, and store information from the Site for your own convenience, but you may not copy, distribute, republish (except as permitted in this paragraph), sell, or exploit any of the content, or exploit the Site or Services in whole or in part, for any commercial gain or purpose whatsoever. Except as is expressly and unambiguously provided herein, Today’s Nurse and its suppliers do not grant you any express or implied rights, and all rights in the Site and the Services not expressly granted by Today’s Nurse to you are retained by Today’s Nurse.

14. DISCLAIMER OF WARRANTIES

We have no special relationship with or fiduciary duty to you. You acknowledge that we have no control over, and no duty to take any action regarding: which users gain access to the Site and/or the Services; what content you access via the Site and/or the Services; what effects the content on the Site and/or the Services may have on you; how you may interpret or use the content on the Site and/or the Services; or what actions you may take as a result of having been exposed to the content on the Site and/or the Services. You release us from all liability for you having acquired or not acquired content through the Site and/or the Services. The Site and/or the Services may contain, or direct you to websites containing, information that some people may find offensive or inappropriate. We make no representations concerning any content contained in or accessed through the Site and/or the Services, and we will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Site and/or the Services. We make no representations or warranties regarding suggestions or recommendations of services or products offered or purchased through the Site and/or the Services. We provide the site and the services “as is” and make no express or implied warranties or guarantees about the services. To the maximum extent permitted by law, we hereby disclaim all such warranties, including all statutory warranties, with respect to the services and the site, including without limitation any warranties that the services are merchantable, of satisfactory quality, accurate, fit for a particular purpose or need, or non-infringing. We do not guarantee that the results that may be obtained from the use of the services will be effective, reliable or accurate or will meet your requirements. We do not guarantee that you will be able to access or use the services (either directly or through third-party networks) at times or locations of your choosing and are not responsible for the accuracy, reliability, timeliness or completeness of information provided by users of the site or any other data or information provided or received through the site. Except as expressly set forth herein, Today’s Nurse makes no warranties about the information systems, software and functions made accessible through the site or any other security associated with the transmission of sensitive information. Today’s Nurse does not warrant that the site or the services will operate error-free, bug-free or free from defects, that loss of data will not occur, or that the services, software or site are free of computer viruses, contaminants or other harmful items.

15. GENERAL LIMITATION OF LIABILITY

Your sole and exclusive remedy for any dispute with us is the cancellation of your registration. in no event shall our total cumulative liability to you for any and all claims relating to or arising out of your use of the services or the site, regardless of the form of action, exceed the greater of: (a) the total amount of fees, if any, that you paid to register for the site or the services or (b) $100. In no event shall we be liable to you (or to any third party claiming under or through you) for any indirect, special, incidental, consequential or exemplary damages arising from your use of, or inability to use, the site and/or the services. These exclusions apply to any and all claims including but not limited to lost profits, lost data, loss of goodwill, work stoppage, computer failure or malfunction, any other commercial damages or losses, or medical malpractice or negligence of healthcare professionals utilized through use of the service, even if we knew or should have known of the possibility of such damages. In those states or jurisdictions that do not allow the exclusion or the limitation of liability for consequential or incidental damages, our liability shall be limited to the maximum extent permitted by law. For California residents, you waive your rights with respect to California civil code section 1542, which says "a general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor".

16. TERMINATION

We may terminate and/or suspend your registration immediately, without notice, if there has been a violation of this Agreement or other policies and terms posted on the Site or through the Services by you or by someone using your Credentials. We may also cancel or suspend your registration for any other reason, including inactivity for an extended period. Today’s Nurse shall not be liable to you or any third party for any termination of your access to the Site and/or the Services. Further, you agree not to attempt to use the Site and/or the Services after any such deletion, deactivation or termination (provided, in the case of deactivation due exclusively to your inactivity, you may re-register). These Terms and Conditions shall survive any termination of your access to the Site and/or the Services.

17. INDEMNIFICATION

Upon a request by us, you agree to defend, indemnify, and hold harmless us, our employees, contractors, officers, directors, agents, parent, other affiliated companies, suppliers, successors, and assigns from all liabilities, claims, demands and expenses, including attorney's fees, made by any third party that arise from or are related to (a) your access to the Site, (b) your use of the Services, or (c) the violation of this Agreement), or of any intellectual property or other right of any person or entity, by you or any third party using your Credentials. The foregoing indemnification obligation does not apply to liabilities, claims and expenses arising as a result of our own gross negligence or intentional misconduct.

18. MISCELLANEOUS

18.1. Electronic Contracting and Notices

Your affirmative act of using this Site and/or registering for the Site or the Services constitutes your electronic signature to this Agreement, which includes our Privacy Policy, and your consent to enter into agreements with us electronically.

18.2. Copyright Dispute Policy

Today’s Nurse adopts the general policy toward copyright infringement in accordance with the Digital Millennium Copyright Act (DMCA) (http://www.lcweb.loc.gov/copyright/legislation/dmca.pdf). The address of Today’s Nurse Designated Agent to Receive Notification of Claimed Infringement ("Designated Agent") is provided at the bottom of this section.

Today’s Nurse Policy

Our policy is to (a) block access to or remove material that it believes in good faith to be copyrighted material that has been illegally copied and distributed by any of our advertisers, affiliates, content providers, members or other users; and (b) remove and discontinue Service to repeat offenders.

Procedure for Reporting Copyright Infringements.

If you believe that material or content residing on or accessible through the Site or the Services infringes a copyright, please send a notice of copyright infringement containing the following information to the Designated Agent listed below ("Proper Bona Fide Infringement Notification"):

• A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed;
• Identification of works or materials being infringed;
• Identification of the material that is claimed to be infringing including information regarding the location of the infringing materials that the copyright owner seeks to have removed, with sufficient detail so that Today’s Nurse is capable of finding and verifying its existence;
• Contact information about the notifier including address, telephone number and, if available, email address;
• A statement that the notifier has a good faith belief that the material is not authorized by the copyright owner, its agent, or the law; and
• A statement made under penalty of perjury that the information provided is accurate and the notifying party is authorized to make the complaint on behalf of the copyright owner.

Upon Receipt of a Bona Fide Infringement Notification

Once a Proper Bona Fide Infringement Notification is received by the Designated Agent, it is Today’s Nurse policy:

• to remove or disable access to the infringing material;
• to notify the content provider, member or user that it has removed or disabled access to the material; and
• for repeat offenders, to terminate such content providers, member's or user's access to the Service.

Procedure to Supply a Counter-Notice to the Designated Agent

If the content provider, member or user believes that the material that was removed or to which access was disabled is either not infringing, or the content provider, member or user believes that it has the right to post and use such material from the copyright owner, the copyright owner's agent, or pursuant to the law, the content provider, member or user must send a counter-notice containing the following information to the Designated Agent listed below:

• A physical or electronic signature of the content provider, member or user;
• Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or disabled;
• A statement that the content provider, member or user has a good faith belief that the material was removed or disabled as a result of mistake or a misidentification of the material; and
• The content provider’s, member's or user's name, address, telephone number, and, if available, email address and a statement that such person or entity consents to the jurisdiction of the Federal Court for the judicial district in which the content provider’s, member's or user's address is located, or if the content provider's, member's or user's address is located outside the United States, for any judicial district in which Today’s Nurse is located, and that such person or entity will accept service of process from the person who provided notification of the alleged infringement.

Removal

If a counter-notice is received by the Designated Agent, Today’s Nurse may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed material or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed material may be replaced or access to it restored in 10 to 14 business days or more after receipt of the counter-notice, at Today’s Nurse’s discretion.

Address for Designated Agent. Please contact Today’s Nurse Designated Agent to Receive Notification of Claimed Infringement at the following address:

Copyright Agent, Today’s Nurse

Email to: todaysnurse.org

18.3. Changes to These Terms and Conditions

We may change these Terms and Conditions and the other documents consisting of the Agreement at any time, as we reasonably deem appropriate. Upon any such change, we will post the amended terms on the Site; we may also attempt to notify you in some other way. Your continued use of the Site and/or the Services following such posting shall constitute your affirmative acknowledgement of the Terms and Conditions or other applicable Agreement document, the modification, and agreement to abide and be bound by the Terms and Conditions or other applicable Agreement document, as amended. We encourage you to periodically review these Terms and Conditions. IF AT ANY TIME YOU CHOOSE NOT TO ACCEPT THESE TERMS AND CONDITIONS, INCLUDING FOLLOWING ANY SUCH MODIFICATIONS HERETO, THEN YOU MUST STOP USING THE SITE AND THE SERVICES.

18.4. Entire Agreement

This Agreement and any supplemental terms, policies, rules and guidelines posted through the Services, including the Privacy Policy, constitute the entire agreement between you and us and supersede all previous written or oral agreements. If any part of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. The failure of Today’s Nurse to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.

18.5. Governing Law and Dispute Resolution

This Agreement shall be deemed to have been entered into and shall be construed and enforced in accordance with the laws of the State of New York as applied to contracts made and to be performed entirely within New York, without giving effect to the state’s conflicts of law statute. Any controversy, dispute or claim arising out of or related to this Agreement or your use of the Services shall be settled by final and binding arbitration to be conducted by an arbitration tribunal in the State, City and County of New York, pursuant to the rules of the American Arbitration Association. In addition, you waive any rights to bring, and agree not to participate in, any class action, consolidated, multi-district or collective action, or private attorney general action. The arbitration tribunal shall consist of one arbitrator. The decision or award of the arbitrator shall be final, and judgment upon such decision or award may be entered in any competent court or application may be made to any competent court for judicial acceptance of such decision or award and an order of enforcement. The parties agree that the arbitrator shall have the authority to impose equitable and injunctive relief as well as to award monetary relief, as the arbitrator deems appropriate.

18.6. Assignment

We may assign this contract at any time to any parent, subsidiary, or any affiliated company, or as part of the sale to, merger with, or other transfer of our company to another entity. We will use reasonable efforts to notify you regarding any change of ownership. You may not assign, transfer or sublicense this Agreement to anyone else and any attempt to do so in violation of this section shall be null and void.

18.7. Eligibility

You must be 18 years of age or over, or the legal age to form a binding contract in your jurisdiction if that age is greater than 18 years of age, to register with us or use the Site and the Services. If you are between the ages of 13 and 18 or the applicable legal age in your jurisdiction, you can use the Site or Services only under the supervision of your parent or guardian who has agreed to the Terms and Conditions. If you are under the age of 13, you may not use the Site or Services. If you are the parent or legal guardian of a child under the age of 18, you may use the Site or Services on behalf of such minor child. By using the Site or Services on behalf of a minor child, you represent and warrant that you are the parent or legal guardian of such child and that all references in these Terms and Conditions to “you” shall refer to such child or such other individual for whom you have authorization to enter into these Terms and Conditions on their behalf, and you in your capacity as the parent or legal guardian of such child or as the authorized party of such individual. If you do not qualify under these terms, do not use the Site or Services. Membership in the Services is void where prohibited by applicable law, and the right to access the Site is revoked in such jurisdictions. By using the Site and/or the Services, you represent and warrant that you have the right, authority, and capacity to enter into these Terms and Conditions and to abide by all of the terms and conditions set forth herein. The Site is administered in the U.S. and intended for U.S. users; any use outside of the U.S. is at the users own risk and users are responsible for compliance with any local laws applicable to their use of the Services or the Site.