Last Updated: February 21, 2025
These TERMS AND CONDITIONS OF USE (“Terms of Use”) govern your access and use of the Suburban Gastroenterology, Ltd. (“Company”) website and its subdomains (together with its pages and features, “Website”) as well as those certain products (“Products”) and services (“Services”) provided on, through, or in relation to the Website. These Terms of Use are made and entered into by and between you and Company. You and Company are sometimes referred to herein each as a “Party” and together as the “Parties.” The terms “you” and “your” means you, your dependents, if any, and any other person accessing your User Account.
Your acceptance of, and compliance with, these Terms of Use are conditions of your use of the Website, and these Terms of Use constitute a binding legal contract between you and Company. By accessing and reviewing our Website, you acknowledge that you have read, understand, agree to, and accept all terms and conditions contained within these Terms of Use and our Privacy Policy, which is linked here. If you do not agree to be bound by these Terms of Use and Privacy Policy, you are not authorized to access or use the Website, and must promptly exit the Website.
Emergencies.IF YOU ARE EXPERIENCING A MEDICAL EMERGENCY, DIAL “911” IMMEDIATELY.Company’s Website is not for medical emergencies or urgent situations. You should not avoid or delay to seek medical advice or care based on anything that appears or does not appear on the Website. You should seek emergency help or follow-up care when recommended or when otherwise needed.
Not an Insurance Product. Company is not an insurer, and amounts you pay to Company are not insurance premiums. If you desire any type of health or other insurance, you will need to purchase such insurance separately from a third-party insurance carrier.
Revisions to Terms of Use. Company may supplement, amend, or otherwise modify these Terms of Use at any time. These changes will be posted on this or a similar page of the as applicable, and shall be deemed effective as of their stated effective or modification date. Any use of the Website after such changes will be deemed an acceptance of those changes. You agree to regularly review the Terms of Use so that you may be aware of any changes to these Terms of Use.
Accuracy of Information. Although Company attempts to ensure the integrity and accuracy of the Website, it makes no representations, warranties, or guarantees whatsoever as to the correctness or accuracy of the content on the Website. It is possible that the Website may include typographical errors, inaccuracies, or other errors, and that unauthorized additions, deletions, and alterations could be made to the Website by third parties. If you believe an inaccuracy exists, please inform Company, so that it can be corrected if necessary. Information contained on the Website may be changed or updated without notice. Additionally, Company shall have no responsibility or liability for information or content posted to the Website by any third party.
Compliance with Law. You agree to comply with all applicable laws for visiting, accessing, registering with, and using the Website, and for purchasing any Products or Services based on any information obtained through the Website.
Your Device Functionality. You are responsible for obtaining and maintaining your device, software, operating system, carrier, and network access necessary to properly access and use the Website. Company does not guarantee that the Website or any portions thereof will function on or in connection with any particular device, software, operating system, carrier, or network. Company is not liable for any errors, unreliable operation, or other issues you may encounter when using the Website caused by your device, software, operating system, carrier, or network. You hereby acknowledge and agree that information about your use of the Website through your device may be sent to Company and/or certain third parties, as deemed necessary to provide the Services. All rates and data fees of your device’s carrier apply. Company is in no way responsible for any carrier rates and data fees you may incur.
No Liability for Select Third Parties. Your wireless carrier, the manufacturer and retailer of your mobile or other device used to access the Website, the developer of the operating system for your mobile or other device, the operator of any application store, marketplace, or similar service through which you access the Website, and their respective affiliates, suppliers, and licensors (collectively, the “Select Third Parties”) are not parties to these Terms of Use and they do not own and are not responsible for the Website. You are responsible for complying with any terms and conditions imposed by the Select Third Parties, as applicable. Company, and not any Select Third Parties, is responsible for addressing any claims raised by you or any third party regarding the Website or your use thereof, including, but not limited to, claims related to product liability, legal, or regulatory requirements, and consumer protection or similar legislation.
Intellectual Property. Company retains all right, title, and interest in and to the Website, the Services, and any information, products, documentation, software, content, or other materials on the Website, and any patent, copyright, trade secret, trademark, service mark, or other intellectual property, or proprietary right in any of the foregoing, except for information on the Website licensed by Company (in that case, the license provider retains all right, title, and interest therein). The information available through the Website and the Services is the property of Company. You agree not to store, copy, modify, reproduce, retransmit, distribute, disseminate, rent, lease, loan, sell, publish, broadcast, display, or circulate such information to anyone. Use, reproduction, copying, or redistribution of Company trademarks, service marks, and logos is strictly prohibited without the prior written permission of Company. The immediately foregoing sentence also applies to any third-party trademarks, service marks, and logos posted on the Website. Nothing contained on the Website should be construed as granting, by implication, estoppel, waiver, or otherwise, any license or right to use any trademarks, service marks, or logos displayed on the Website without the written grant thereof by Company or the third-party owner of such trademarks, service marks, or logos. The Website may contain other proprietary notices and copyright information, the terms of which you agree to follow. Company may delete any information provided by you that it deems, in its sole discretion, fraudulent, abusive, defamatory, obscene, unlawful, or in violation of copyright, trademark, or other intellectual property or ownership right of any other person or entity.
Website License. Subject to these Terms of Use, and any associated payment and registration obligations as imposed by or with the prior consent of Company, Company grants you a limited, non-exclusive, personal, freely revocable, temporary, non-transferable, and non-sub-licensable license to access and view the various publicly displayed pages of the Website, and to view the information and content found thereon. All rights not expressly granted to you in these Terms of Use are reserved and retained by Company or its licensors, suppliers, publishers, rights holders, or other content providers. Neither the Website nor any part of the Website, including content, may be reproduced, modified, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose or used for unauthorized purposes without express written consent of Company. You may not frame or utilize framing techniques to enclose or otherwise capture or link to any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Company without express written consent. You may not use any meta tags or any other “hidden text” utilizing Company’s name or trademarks without the express written consent of Company. You may not misuse the Website. You may use the Website only as permitted by law. Should you engage in unauthorized use of the Website as determined by Company, or commit any breach of these Terms of Use, the license granted is automatically terminated.
Prohibited Activities. Without limiting the foregoing section, you are prohibited from violating or attempting to violate the security of the Website, including, without limitation: (a) impersonating any person or entity; (b) any act that infringes or otherwise violates the intellectual property, privacy, or publicity rights of any person or entity (including, without limitation, the copyrights, trademarks, patents, and trade secrets held by Company or its licensors with respect to the Website or the App); (c) the reproduction or publication of the Website, the App, or any data or content found thereon or therein, in whole or in part, or the creation of any derivative works of the foregoing (unless expressly authorized by Company); (d) the use of any software, program, process, device, application or routine (e.g., robots, scrapers, spiders, viruses, spyware, and malware) to monitor, copy, disrupt, damage, injure, decrypt, interfere with the Website or any servers which may host the Website; or (e) accessing data not intended for your access or logging onto a server or an account which you are not authorized to access. You further agree not to: (i) access the Website or use the Services in any unlawful way or for any unlawful purpose; (ii) post or transmit (1) a message under a false name, or (2) any data, materials, content, or information (including, without limitation, advice, and recommendations) (collectively “Information”) which is (A) libelous, defamatory, obscene, offensive, fraudulent, false, or (B) contains or promotes any virus, worm, Trojan horse, time bomb, malware, or other computer programing or code that is designed or intended to damage, destroy, intercept, download, encrypt, exfiltrate, interfere with, manipulate, or otherwise disrupt, interrupt, or expropriate the Website or the Services, personal information, software, equipment, servers, or Information or facilitate or promote hacking or similar conduct; (iii) impersonate or misrepresent your identity or falsely state or misrepresent your affiliation with a person or entity; (iv) tamper, hack, spoof, copy, modify, or otherwise corrupt the administration, security, or proper function of the Website or the Services; (v) use robots or scripts with the Website; (vi) attempt to reverse engineer, reverse assemble, reverse compile, decompile, disassemble, translate, or otherwise alter, defraud, or create false results from any executable code, information on, or received by the Website; (vii) have any antivirus or antispyware software running that is set to override the internet browser’s cookies setting; (viii) incorrectly identify the sender of any message transmitted to Company; (ix) alter the attribution or origin of electronic mail, messages, or posting; (x) harvest or collect personal health information about any other individual who uses the Website or the Services; and (xi) infringe or facilitate infringement on any copyright, patent, trademark, trade secret, or other proprietary, publicity, or privacy rights of any party, including but not limited to, such rights of third parties. You agree to defend, indemnify, and hold harmless Company and its Providers from and against any and all third-party claims, damages, losses, expenses, and fees (including, but not limited to, reasonable attorneys’ fees) against or incurred by us arising out of any violation of the Terms of Use set forth herein. Violations of system or network security may result in civil or criminal liability. Company may investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.
General.
Disclaimer of Warranties. COMPANY DOES NOT REPRESENT, PROMISE, OR WARRANT THAT ACCESS TO OR USE OF THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE WEBSITE WILL BE CORRECTED. YOU EXPRESSLY AGREE THAT USE OF THE WEBSITE IS AT YOUR SOLE RISK. THE WEBSITE, INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN IT OR ANY SERVICE, ARE PRESENTED “AS IS” AND “AS AVAILABLE,” WITH ALL FAULTS, AND WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY OF INFORMATION, QUIET ENJOYMENT, AND TITLE/NON-INFRINGEMENT. COMPANY DOES NOT WARRANT THE ACCURACY, COMPLETENESS, OR TIMELINESS OF THE INFORMATION OBTAINED THROUGH THE WEBSITE. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS WEBSITE AND THE SERVICES. COMPANY DOES NOT WARRANT THAT THE WEBSITE WILL BE FREE OF VIRUSES, WORMS, MALWARE, TROJAN HORSES, OR OTHER DESTRUCTIVE PROGRAMMING. YOU FURTHER AGREE THAT COMPANY DOES NOT AND CANNOT PROMISE OR WARRANT THAT ANY ASPECT OF OUR WEBSITE IS FREE OF VIRUSES OR ANY HARMFUL OR DESTRUCTIVE CODE OR MALWARE. YOU ARE RESPONSIBLE FOR IMPLEMENTING SUFFICIENT AND LEGALLY COMPLIANT PROCEDURES AND PROCESSES TO MONITOR, PROTECT, AND ADDRESS YOUR DATA AND INFORMATION SYSTEMS. COMPANY WILL NOT BE LIABLE FOR ANY LOSS, CLAIM, DAMAGE, OR LIABILITY ARISING FROM OR RELATED IN ANY MANNER TO ANY DATA BREACH, INCIDENT, OR MALWARE CAUSED DIRECTLY OR INDIRECTLY BY YOUR ACCESS TO OR USE OF OUR WEBSITE. WE ALSO DO NOT REPRESENT, PROMISE OR WARRANT THAT THE WEBSITE WILL ALWAYS WORK PROPERLY. YOU ARE RESPONSIBLE FOR IMPLEMENTING PROCEDURES SUFFICIENT TO SATISFY YOUR LEGAL DUTIES AND/OR NEEDS FOR DATA BACKUP AND SECURITY. WARRANTIES RELATING TO PRODUCTS OR SERVICES OFFERED, SOLD, AND DISTRIBUTED BY COMPANY MAY BE SUBJECT TO SEPARATE WARRANTY TERMS AND CONDITIONS, IF ANY, PROVIDED BY COMPANY OR THIRD PARTIES WITH OR IN CONNECTION WITH THE APPLICABLE PRODUCTS OR SERVICES. NEITHER COMPANY NOR ITS PROVIDERS REPRESENT, PROMISE, OR GUARANTEE THAT ANY PRESCRIPTIONS WILL BE WRITTEN FOR YOU IN CONNECTION WITH YOUR USE OF THE SERVICES. YOU ACKNOWLEDGE AND UNDERSTAND THAT THE USE OR MISUSE OF THE SERVICES OR PRODUCTS OBTAINED THROUGH OUR WEBSITE MAY RESULT IN UNDESIRABLE OR UNEXPECTED CONSEQUENCES. COMPANY DOES NOT ACCEPT ANY LIABILITY FOR ANY CONSEQUENCES THAT MAY ARISE FROM THE APPLICATION, USE, OR MISUSE OF ANY PRODUCTS OR SERVICES CONTAINED ON OR MADE AVAILABLE THROUGH THE WEBSITE, INCLUDING ANY INJURY OR DAMAGE TO ANY PERSON OR PROPERTY AS A MATTER OF NEGLIGENCE, OR OTHERWISE, INCLUDING YOUR FAILURE TO COMPLY WITH ANY WARNING LABELS ATTACHED TO THE PRODUCTS.
Force Majeure. You understand and acknowledge that the Website may be subject to limitations, delays and other problems inherent in the use of third-party communication networks and facilities that are outside of Company’s control, and thus Company will not be responsible for any delays, failures, or damages associated with the Website which result from any system delays, downtimes, interruptions or other failures of or problems with the Website that are outside our control. We will not be deemed to be in breach of these Terms of Use or liable for any breach of these Terms of Use or our Privacy Policy due to any event or occurrence beyond our reasonable control, including without limitation, acts of God, terrorism, war, invasion, epidemic, pandemic, failures of any public networks, electrical shortages, earthquakes or floods, civil disorder, strikes, fire, or other disaster.
Limitation of Liability. COMPANY SHALL NOT BE LIABLE FOR THE ACTS OR OMISSIONS OF THE PROVIDERS. COMPANY AND ANY OF ITS OFFICERS, DIRECTORS, MEMBERS, MANAGERS, OWNERS, PARTNERS, AGENTS, EMPLOYEES, REPRESENTATIVES, PARENTS, SUBSIDIARIES, AFFILIATES, SUCCESSORS, TRUSTEES, ASSIGNS, TRANSFEREES, CONTRACTORS, VENDORS OR LICENSEES ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE OR SPECIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LEGAL COSTS, ATTORNEYS’ FEES, LOST PROFITS, REPLACEMENT COSTS OR REPAIR COSTS) WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION) CAUSED BY OR ARISING FROM OR IN CONNECTION IN ANY WAY TO THE WEBSITE, PRODUCTS, SERVICES, CONTENT OR INFORMATION CONTAINED WITHIN THE WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY ISSUES OR DISSATISFACTION WITH THE WEBSITE, PRODUCTS, OR SERVICES IS TO STOP USING THE WEBSITE, PRODUCTS, OR SERVICES. TO THE EXTENT ANY ASPECT(S) OF THE FOREGOING LIMITATIONS OF LIABILITY ARE NOT ENFORCEABLE, THE MAXIMUM LIABILITY OF COMPANY TO YOU WITH RESPECT TO YOUR USE OF THE WEBSITE, SERVICES, CONTENT, OR INFORMATION CONTAINED WITHIN THE WEBSITE IS $500 (FIVE HUNDRED DOLLARS). YOU HEREBY AGREE TO WAIVE, TO THE FULLEST EXTENT PERMITTED BY LAW, ALL LAWS THAT RESTRICT OR LIMIT SUCH LIMITATIONS, INDEMNIFICATIONS, OR RELEASES. THE DISCLAIMERS AND LIMITATIONS SET FORTH ARE NOT INTENDED TO LIMIT LIABILITY OR ALTER YOUR RIGHTS AS A CONSUMER THAT CANNOT BE LIMITED OR ALTERED UNDER APPLICABLE LAW.
Release. YOU HEREBY RELEASE AND HOLD HARMLESS COMPANY AND COMPANY’S OFFICERS, DIRECTORS, MEMBERS, MANAGERS, OWNERS, PARTNERS, AGENTS, EMPLOYEES, REPRESENTATIVES, PARENTS, SUBSIDIARIES, AFFILIATES, SUCCESSORS, TRUSTEES, ASSIGNS, TRANSFEREES, CONTRACTORS, VENDORS AND LICENSEES FROM AND AGAINST ALL CLAIMS THAT YOU HAVE OR MAY HAVE AGAINST THEM FOR INFRINGEMENT, VIOLATION OF THE RIGHTS OF PRIVACY OR PUBLICITY, DEFAMATION, DISPARAGEMENT, PERSONAL INJURY, PROPERTY DAMAGE, NEGLIGENCE AND/OR ANY OTHER LEGAL THEORY ARISING FROM OR IN CONNECTION WITH THE WEBSITE, THE PRODUCTS, OR SERVICES OFFERED OR PROVIDED ON OR THROUGH THE WEBSITE AND/OR THE RIGHTS AND PRIVILEGES GRANTED OR CONVEYED BY YOU UNDER THESE TERMS OF USE (INCLUDING, WITHOUT LIMITATION, THOSE RIGHTS AND PRIVILEGES RELATING TO THE USER MATERIALS AND/OR ANY ELEMENTS, DERIVATIVES OR MARKETING OF THE FOREGOING).
Indemnification. In addition to other indemnity obligations set forth herein, you agree to indemnify, defend, and hold harmless Company and its officers, directors, employees, agents, subsidiaries, affiliates, licensors, and suppliers, harmless from and against any claims, actions, demands, liabilities, losses, damages, costs, fees, and settlements, including, without limitation, reasonable legal and accounting and attorneys’ fees (collectively, “Claims”), resulting in any manner from, or alleged to result in any manner from: (i) your violation of these Terms of Use or Privacy Policy; (ii) your use or misuse of the Website, Products, Services or any information contained or posted on the Website; (iii) the content or subject matter of any information you provide to Company; or (iv) any negligent or wrongful act or omission by you in your use or misuse of the Website, Products, Services, or any information contained or posted on the Website, including without limitation, infringement of third party intellectual property rights, privacy rights, or negligent or wrongful conduct. You shall notify Company of any such Claims within fourteen (14) days within which you know, or have reason to know of, any such Claims, and Company shall be permitted to participate in and control the defense against and settlement of such Claims in its sole discretion.
Notice. Unless otherwise expressly stated in these Terms of Use, Company may give or deliver all other notices to you by means of a general notice posted on this Website, and such notice(s) shall be deemed effective as of their stated effective dates.
Severability. In the event that any of these Terms of Use are held by a court or other tribunal of competent jurisdiction to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that these Terms of Use shall otherwise remain in full force and effect. These Terms of Use and other applicable policies of Company, including, but not limited to, its Privacy Policy, constitute the entire agreement between Company and you pertaining to the subject matter hereof, and supersede all prior or contemporaneous agreements between you and Company
Assignment. You may not assign, transfer, or delegate these Terms of Use or any part hereof without Company’s prior written consent. Company may freely transfer, assign, or delegate all or any part of the Terms of Use, and any rights or duties hereunder in its sole discretion. The Terms of Use will be binding upon and inure to the benefit of the heirs, successors, and permitted assignees of the parties.
No Third-Party Rights. Unless expressly stated in the Terms of Use to the contrary, nothing herein is intended to confer any rights or remedies on any persons other than you and Company. Nothing in these Terms of Use is intended to relieve or discharge the obligation or liability of any third persons to you and Company, nor shall any provision give any third parties any right of subrogation or action over against you and Company.
Copyright/Trademark Information. Copyright ©2025, Company, all rights reserved. All trademarks, trade names, logos, copyrights, and service marks (“Marks”) displayed on the Website are our property or the property of third parties. You are not permitted to use these Marks without our prior written consent or the consent of such third parties which may own the Marks.
Dispute Resolution. You and Company agree that any dispute, claim, or controversy arising out of or relating in any way to these Terms of Use or your use of the Website, including without limitation, Products and Services ordered or purchased in connection with the Website, shall be adjudicated and determined in accordance with the laws of the State of Illinois, without consideration of any choice of law or conflict of law principles. YOU AND COMPANY AGREE TO WAIVE OUR RESPECTIVE RIGHTS TO RESOLUTION OF DISPUTES IN A COURT OF LAW BY A JUDGE OR JURY AND AGREE TO RESOLVE ANY CLAIM OR DISPUTE AGAINST EACH OTHER ON AN INDIVIDUAL BASIS IN ARBITRATION AS SET FORTH BELOW. THIS WILL PROHIBIT YOU FROM BRINGING ANY CLASS, COLLECTIVE, OR CONSOLIDATED ACTION AGAINST COMPANY, AND WILL ALSO PROHIBIT YOU FROM PARTICIPATING IN OR RECOVERING RELIEF UNDER ANY CURRENT OR FUTURE SUCH ACTIONS BROUGHT AGAINST COMPANY BY SOMEONE ELSE. This agreement to arbitrate (“Arbitration Agreement”) also applies to claims between you and any Providers, and such Prescribing Providers will be considered intended third-party beneficiaries of this Arbitration Agreement.
You and Company agree that any dispute, claim, or controversy, whether based on past, present or future events, arising out of or relating to: these Terms of Use and prior versions thereof (including the breach, termination, enforcement, interpretation, or validity thereof); the Website; any content currently or previously available on or through the Website; any Products or Services; your relationship with Company; your user data; the threatened or actual suspension, deactivation, or termination of your User Account; payments made by you or any payments made or allegedly owed to you; any promotions, benefits, or other offers; and any other federal and state statutory and/or common-law claims (collectively, “Disputes”) will be resolved by binding arbitration in accordance with the below, except that each party retains the right to bring an individual action in small claims court and the right to seek injunctive or other equitable relief in a court of competent jurisdiction (which shall be exclusively in the state or federal courts located in Chicago, Illinois, to which you waive any objection based on the absence of personal or subject-matter jurisdiction) to prevent the actual or threatened infringement, misappropriation, or violation of a party’s data or copyrights, trademarks, trade secrets, patents or other intellectual property rights. All disputes concerning the arbitrability of any Disputes (including disputes about the scope, applicability, enforceability, legality, revocability, or validity of the Arbitration Agreement) will be decided by the arbitrator, except as expressly provided herein.
YOU UNDERSTAND, ACKNOWLEDGE, AND AGREE THAT YOU AND COMPANY ARE EACH WAIVING THE RIGHT TO SUE IN COURT OR HAVE A JURY TRIAL FOR ANY AND ALL DISPUTES, EXCEPT AS EXPRESSLY OTHERWISE PROVIDED IN THIS ARBITRATION AGREEMENT.
YOU FURTHER ACKNOWLEDGE AND AGREE THAT YOU AND COMPANY ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE AS A PLAINTIFF OR CLASS IN ANY PURPORTED CLASS, COLLECTIVE, OR CONSOLIDATED PROCEEDING. Further, unless you and Company otherwise agree in writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of any class, collective, consolidated, or representative proceeding.
The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Consumer Arbitration Rules (the “AAA Rules”) then in effect, except as modified by this Agreement. The AAA Rules are available at adr.org or by calling the AAA at 1-800-778-7879 or any subsequent applicable telephone number. The Federal Arbitration Act (“FAA”) will govern the interpretation and enforcement of this Arbitration Agreement. It is your intent that the FAA and AAA Rules will preempt all state laws to the fullest extent permitted by law. If the FAA and AAA Rules are found to not apply to any issue that arises under this Arbitration Agreement or the enforcement thereof, then that issue will be resolved under the laws of the State of California. This Agreement governs to the extent it conflicts with the AAA Rules or FAA.
Minors and Children. The Website does not direct content to minors, and does not intend to collect personal information from minors, such that the Website is not subject to the Children’s Online Privacy Protection Act. If you allow your minor child, or a child for whom you are a legal guardian, to access or use the Website, you agree that such access or use will violate these Terms of Use, and you agree that you will be solely responsible for: (a) the online conduct of such minor child, (b) monitoring such minor’s access to and use of the Website and App, (c) the consequences of any such access and use, and (d) the indemnification of Company as a result of any such access and use.
