Thank you for visiting FORKBYTES.COM. This Terms of Use Agreement sets forth the standards of use of FORKBYTES.COM. By using the FORKBYTES.COM website, you (”Visitor”) agree to these terms and conditions. If you do not agree to the terms and conditions of this agreement, you should immediately cease all usage of this website. We reserve the right, at any time, to modify, alter, or update the terms and conditions of this agreement without prior notice. Modifications shall become effective immediately upon being posted at FORKBYTES.COM website. Your continued use of the Service after amendments are posted constitutes an acknowledgment and acceptance of the Agreement and its modifications. Except as provided in this paragraph, this Agreement may not be amended.
1. Medical Disclaimer
Visitor understands and acknowledges that the writers and contributors to FORKBYTES.COM are not doctors, registered dietitians, or other licensed professionals (unless specified). Visitor understands that the information on FORKBYTES.COM is intended for advancing general well-being and does not involve the diagnosing, prognosticating, treatment, or prescribing of medicine for any disease, or any licensed or controlled act which may constitute the practice of medicine or the dispensing of medical advise. By using the FORKBYTES.COM website, Visitor hereby releases and discharges FORKBYTES.COM and all its agents from any and all claims that Visitor or Visitor’s family or heirs have or may have now or in the future.
2. Privacy Policy
FORKBYTES.COM’s privacy policy is simple: FORKBYTES.COM will never, ever sell, rent, trade, or give your contact information to anyone unless compelled to do so by an officer of the court. FORKBYTES.COM dislikes spam as much as you do and will never send spam or unsolicited emails of any kind. By signing up for the FORKBYTES.COM newsletter, you indicate that you wish to receive occasional announcements via email. By contacting us through commends or email, you indicate that you wish to receive a response or other relevant correspondence.
3. Description of Service
FORKBYTES.COM provides website visitors with information for personal use. Visitors must provide (1) all equipment necessary for their own internet connection, including computer and modem and (2) provide for their own access to the internet, and (3) pay any fees related to such connection.
4. Disclaimer of Warranties
The site is provided by FORKBYTES.COM on an “as is” and on an “as available” basis. To the fullest extent permitted by applicable law, FORKBYTES.COM makes no representations or warranties of any kind, express or implied, regarding the use or the results of this website in terms of its correctness, accuracy, reliability, or otherwise. FORKBYTES.COM shall have no liability for any interruptions in the use of this website. FORKBYTES.COM disclaims all warranties with regard to the information provided, including the implied warranties of fitness for a particular purpose, and non-infringement. Some jurisdictions do not allow the exclusion of implied warranties, therefore the above-referenced exclusion is inapplicable.
5. Limited License
Use of the FORKBYTES.COM website is only for your personal, non-commercial use. You may access and view the content on the website on your computer or other device and make single copies or prints of the content on the website at your own risk and for your personal, non-commercial and internal use only. You may not use the website 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.
6. Limitation of Liability
FORKBYTES.COM SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER, AND IN PARTICULAR FORKBYTES.COM SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOSS OF REVENUE, OR LOSS OF USE, ARISING OUT OF OR RELATED TO THIS WEBSITE OR THE INFORMATION CONTAINED IN IT, WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW, OR OTHERWISE, EVEN IF FORKBYTES.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE SOME OF THE ABOVE LIMITATIONS IS INAPPLICABLE.
7. Indemnification
Visitor agrees to indemnify and hold FORKBYTES.COM, its officers and employees, harmless from any claim or demand, including reasonable attorneys’ fees and costs, made by any third party due to or arising out of Visitor’s use of the service, the violation of this agreement, or infringement by Visitor or other user of the service using Visitor’s computer or other device, of any intellectual property or any other right of any person or entity.
8. Modifications and Interruption to Service
FORKBYTES.COM reserves the right to modify or discontinue the service with or without notice to Visitor. FORKBYTES.COM shall not be liable to Visitor or any third party should FORKBYTES.COM exercise its right to modify or discontinue the service. Visitor acknowledges and accepts that FORKBYTES.COM does not guarantee continuous, uninterrupted or secure access to our website and operation of our website may be interfered with or adversely affected by numerous factors or circumstances outside of our control.
9. Third-Party Sites
FORKBYTES.COM may include links to other sites on the Internet that are owned and operated by online merchants and other third parties. Visitor acknowledges that we are not responsible for the availability of, or the content located on or through, any third-party site. Visitor should contact the site administrator or webmaster for those third-party sites if s/he has any concerns regarding such links or the content located on such sites. Visitor’s use of those third-party sites is subject to the terms of use and privacy policies of each site, and we are not responsible therein. We encourage all Visitors to review said privacy policies and terms of use of third-parties’ sites.
10. Governing Jurisdiction of the Courts of Mississippi
FORKBYTES.COM is operated and provided in the State of Mississippi. As such, we are subject to the laws of the State of Mississippi, and such laws will govern this Terms of Use, without giving effect to any choice of law rules. We make no representation that our website or other services are appropriate, legal, or available for use in other locations. Accordingly, if you choose to access our site you agree to do so subject to the internal laws of the State of Mississippi.
11. Compliance with Laws
Visitor assumes all knowledge of applicable law and is responsible for compliance with any such laws. Visitor may not use the service in any way that violates applicable state, federal, or international laws; regulations; or other government requirements. Visitor further agrees not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, or international law or regulation.
12. Copyright and Trademark Information
All content included or available on this site, including site design, text, graphics, interfaces, and the selection and arrangements thereof is ©2005–2010 FORKBYTES.COM, with all rights reserved, or is the property of FORKBYTES.COM and/or third parties protected by intellectual property rights. Any use of materials on the website, including reproduction for purposes other than those noted above, modification, distribution, or replication, any form of data extraction or data mining, or other commercial exploitation of any kind without prior written permission of an authorized officer of FORKBYTES.COM is strictly prohibited. Visitors agree that they will not use any robot, spider, or other automatic device or manual process to monitor or copy our web pages or the content contained therein without prior written permission of an authorized officer of FORKBYTES.COM.
