Sienna Design
Group, Inc.
TERMS AND CONDITIONS OF USE PLEASE READ THESE TERMS
AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS
By using this site, you signify your assent to
these Terms and Conditions. If you do not agree to
all of these Terms and Conditions of use, do not
use this site!
Sienna Design Group, Inc. ("Sienna Design Group")
may revise and update these Terms and Conditions at
any time. Your continued usage of the Sienna Design
Group website ("Sienna Design Group Site," or the
"Site,") will mean you accept those changes.
THE SITE DOES NOT PROVIDE MEDICAL ADVICE.
The contents of the Sienna Design Group Site, such
as text, graphics, images, information obtained
from Sienna Design Group's licensors, and other
material contained on the Sienna Design Group Site
("Content") are for informational purposes only.
The Content is not intended to be a substitute for
professional medical advice, diagnosis, or
treatment. Always seek the advice of your physician
or other qualified health provider with any
questions you may have regarding a medical
condition. Never disregard professional medical
advice or delay in seeking it because of something
you have read on the Sienna Design Group Site! If
you think you may have a medical emergency, call
your doctor or 911 immediately. Sienna Design Group
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
Sienna Design Group, Sienna Design Group employees,
others appearing on the Site at the invitation of
Sienna Design Group, or other visitors to the Site
is solely at your own risk. The Site may contain
health- or medical-related materials that are
sexually explicit. If you find these materials
offensive, you may not want to use our Site.
CHILDREN'S PRIVACY: We are committed to protecting
the privacy of children. You should be aware that
this Site is not intended or designed to attract
children under the age of 13. We do not collect
personally identifiable information from any person
we actually know is a child under the age of 13.
USE OF CONTENT:
Sienna Design Group authorizes you to view or
download a single copy of the material on the
Sienna Design Group Site solely for your personal,
noncommercial use if you include the following
copyright notice: "Copyright (c) 1996 - 2002,
Sienna Design Group, Inc. All rights reserved" and
other copyright and proprietary rights notices that
are contained in the Content. Any special rules for
the use of certain software and other items
accessible on the Sienna Design Group Site may be
included elsewhere within the Site and are
incorporated into these Terms and Conditions by
reference. The Content is protected by copyright
under both United States and foreign laws. Title to
the Content remains with Sienna Design Group or its
licensors. Any use of the Content not expressly
permitted by these Terms and Conditions is a breach
of these Terms and Conditions and may violate
copyright, trademark, and other laws. Content and
features are subject to change or termination
without notice in the editorial discretion of
Sienna Design Group. All rights not expressly
granted herein are reserved to Sienna Design Group
and its licensors. If you violate any of these
Terms and Conditions, your permission to use the
Content automatically terminates and you must
immediately destroy any copies you have made of any
portion of the Content.
LIABILITY OF Sienna Design Group AND ITS LICENSORS.
The use of the Sienna Design Group Site and the
Content is at your own risk. When using the Sienna
Design Group Site, information will be transmitted
over a medium that may be beyond the control and
jurisdiction of Sienna Design Group and its
suppliers. Accordingly, Sienna Design Group assumes
no liability for or relating to the delay, failure,
interruption, or corruption of any data or other
information transmitted in connection with use of
the Sienna Design Group Site. The Sienna Design
Group Site and the content are provided on an "as
is" basis.
Sienna Design Group, ITS LICENSORS, AND ITS
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.
Without limiting the foregoing, Sienna Design
Group, its licensors, and its suppliers make no
representations or warranties about the following:
1. The accuracy, reliability, completeness,
correctness, or timeliness of the Content,
software, text, graphics, links, or communications
provided on or through the use of the Sienna Design
Group Site or Sienna Design
Group.
2.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 Sienna Design Group Site.
In
no event shall Sienna Design Group, its licensors,
its suppliers, or any third parties mentioned on
the Sienna Design Group Site be liable for any
damages (including, without limitation, incidental
and consequential damages, personal injury/wrongful
death, lost profits, or damages resulting from lost
data or business interruption) resulting from the
use of or inability to use the Sienna Design Group
Site or the Content, whether based on warranty,
contract, tort, or any other legal theory, and
whether or not Sienna Design Group is advised of
the possibility of such damages.
Sienna Design Group shall be liable only to the
extent of actual damages incurred by you, not to
exceed U.S. $1000. Sienna Design Group is not
liable for any personal injury, including death,
caused by your use or misuse of the Site, Content,
or Public Areas (as defined below). Any claims
arising in connection with your use of the Site,
any Content, or the Public Areas must be brought
within one (1) year of the date of the event giving
rise to such action occurred. Remedies under these
Terms and Conditions are exclusive and are limited
to those expressly provided for in these Terms and
Conditions.
USER SUBMISSIONS.
You agree that you will not upload or transmit any
communications or content of any type to the Public
Areas (including
message boards, Ask Our Expert postings, etc.)
that infringe or violate any rights of any party.
By submitting communications or content to the
Public Areas, you agree that such submission is
non-confidential for all purposes. If you make any
such submission
You agree that you will not send or transmit to
Sienna Design Group by email, (including through
the email addresses listed on the "Contact Us"
link) any communication or content that infringes
or violates any rights of any party. If you submit
any business information, idea, concept or
invention to Sienna Design Group by email, you
agree such submission is non-confidential for all
purposes.
If you make any submission to a Public Area or if
you submit any business information, idea, concept
or invention to Sienna Design Group by email,
you automatically grant--or warrant that the owner
of such content
or intellectual property has expressly
granted--Sienna Design Group a royalty-free,
perpetual, irrevocable, world-wide nonexclusive
license to use, reproduce, create derivative works
from, modify, publish, edit, translate, distribute,
perform, and display the communication or content
in any media or medium, or any form, format, or
forum now known or hereafter developed. Sienna
Design Group may sublicense its rights through
multiple tiers of sublicenses.
If you wish to keep any business information,
ideas, concepts or inventions private or
proprietary, do not submit them to the Public Areas
or to Sienna Design Group by email. We try to
answer every email in a timely manner, but are not
always able to do so.
PASSWORDS:
Sienna Design Group has several tools that allow
you to record and store information. For example,
SafetySend is a service that allows you to record
limited amounts of personal health information on a
voluntary basis on servers maintained by Sienna
Design Group or on its behalf. SafetySend is
structured to allow access only to visitors with a
valid password. You are responsible for taking all
reasonable steps to ensure that no unauthorized
person shall have access to your Sienna Design
Group 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 Sienna Design Group account and password;
(3) promptly inform Sienna Design Group of any need
to deactivate a password. You grant Sienna Design
Group 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.
Sienna Design Group cannot and does not assume any
responsibility or liability for any information you
submit, including to SafetySend, or your or third
parties' use or misuse of information transmitted
or received using Sienna Design Group tools and
services, including SafetySend.
Sienna Design Group LIVE AND MEMBER TO MEMBER AREAS
("PUBLIC AREAS").
If you use a Public Area, such as a chat room,
bulletin board or community
Ask Our Expert
posting or other member communities, you
are solely responsible for your own communications,
the consequences of posting those communications,
and your reliance on any communications found in
the Public Areas. Sienna Design Group is not
responsible for the consequences of any
communications in the Public Areas. In cases where
you feel threatened or believe someone else is in
danger, you should contact your local law
enforcement agency immediately. If you think you
may have a medical emergency, call your doctor or
911 immediately.
In consideration of being allowed to use the Public
Areas, you agree that the following actions shall
constitute a material breach of these Terms and
Conditions:
-
Using a Public Area for any purpose in
violation of local, state, national, or
international laws;
-
Posting material that infringes on the
intellectual property rights of others or on
the privacy or publicity rights of others;
-
Posting material that is unlawful, obscene,
defamatory, threatening, harassing, abusive,
slanderous, hateful, or embarrassing to any
other person or entity as determined by Sienna
Design Group in its sole discretion;
-
Posting advertisements or solicitations of
business;
-
After receiving a warning, continuing to
disrupt the normal flow of dialogue, or
posting comments that are not related to the
topic being discussed (unless it is clear the
discussion is free-form);
-
Posting chain letters or pyramid schemes;
-
Impersonating another person;
-
Distributing viruses or other harmful computer
code;
-
Harvesting or otherwise collecting information
about others, including email addresses,
without their identification for posting or
viewing comments; consent;
-
Allowing any other person or entity to use
your identification for posting or viewing
comments
-
Posting the same note more than once or
"spamming"; or
12.
Engaging in any other conduct that restricts or
inhibits any other person from using or enjoying
the Public Area or the Site, or which, in the
judgment of Sienna Design Group, exposes Sienna
Design Group or any of its customers or suppliers
to any liability or detriment of any type.
Sienna Design Group reserves the right (but is not
obligated) to do any or all of the following:
-
Record the dialogue in public chat rooms.
-
Investigate an allegation that a
communication(s) do(es) not conform to the
terms of this section and determine in its
sole discretion to remove or request the
removal of the communication(s).
-
Remove communications which are abusive,
illegal, or disruptive, or that otherwise fail
to conform with these Terms and Conditions.
-
Terminate a user's access to any or all Public
Areas and/or the Sienna Design Group Site upon
any breach of these Terms and Conditions.
-
Monitor, edit, or disclose any communication
in the Public Areas.
6.
Edit or delete any communication(s) posted on the
Sienna Design Group Site, regardless of whether
such communication(s) violate these standards.
Sienna Design Group reserves the right to take any
action it deems necessary to protect the personal
safety of our guests or the public.
Sienna Design Group
has no liability or responsibility to users of the
Sienna Design Group Site or any other person or
entity for performance or nonperformance of the
aforementioned activities.
ADVERTISEMENTS, SEARCHES AND LINKS TO OTHER SITES.
Sienna Design Group may provide links to
third-party web sites. Sienna Design Group also may
select certain sites as priority responses to
search terms you enter and Sienna Design Group may
agree to allow advertisers to respond to certain
search terms with advertisements or sponsored
content. Sienna Design Group does not recommend and
does not endorse the content on any third-party
websites. Sienna Design Group is not responsible
for the content of linked third-party sites, sites
framed within the Sienna Design Group Site,
third-party sites provided as search results, or
third-party advertisements, and does not make any
representations regarding their content or
accuracy. Your use of third-party websites is at
your own risk and subject to the terms and
conditions of use for such sites. Sienna Design
Group does not endorse any product advertised on
the Sienna Design Group Site.
INDEMNITY.
You agree to defend, indemnify, and hold Sienna
Design Group, 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 and Conditions.
GENERAL.
Sienna Design Group is based in Houston, Texas in
the United States of America. Sienna Design Group
makes no claims that the Content is appropriate or
may be downloaded outside of the United States.
Access to the Content may not be legal by certain
persons or in certain countries. If you access the
Sienna Design Group Site from outside the United
States, you do so at your own risk and are
responsible for compliance with the laws of your
jurisdiction. The following provisions survive the
expiration or termination of these Terms and
Conditions for any reason whatsoever: Liability,
User Submissions, Indemnity, Jurisdiction, and
Complete Agreement.
JURISDICTION.
You expressly agree that exclusive jurisdiction for
any dispute with Sienna Design Group, or in any way
relating to your use of the Sienna Design Group
Site, resides in the courts of the State of Georgia
and you further agree and expressly consent to the
exercise of personal jurisdiction in the courts of
the State of Georgia in connection with any such
dispute including any claim involving Sienna Design
Group or its affiliates, subsidiaries, employees,
contractors, officers, directors, telecommunication
providers, and content providers. These Terms and
Conditions are governed by the internal substantive
laws of the State of Georgia, without respect to
its conflict of laws principles. If any provision
of these Terms and Conditions is found to be
invalid by any court having competent jurisdiction,
the invalidity of such provision shall not affect
the validity of the remaining provisions of these
Terms and Conditions, which shall remain in full
force and effect. No waiver of any of these Terms
and Conditions shall be deemed a further or
continuing waiver of such term or condition or any
other term or condition.
