Effective Date: June 3rd, 2022
These Terms and Conditions of Use are entered into by and between you and Tiber Health Innovation Corporation (“POST-BACC” or “we”). The following terms and conditions, together with the POST-BACC Privacy Policy and any documents they expressly incorporate by reference (collectively, these “Terms of Use“), govern all access to and use of www.postbaccprogramguide.com and any other website of POST-BACC on which these Terms and Conditions of Use are posted, including any content, functionality and services offered on or through www.postbaccprogramguide.com (including any subdomain name) or such other website(s) (each a “Website” and collectively the “Websites”).
The Websites are provided by POST-BACC and may be used only for informational purposes and for the other purposes permitted on the applicable Website. Please read the Terms of Use carefully before you use any Website. By using any Website, or obtaining any information (“Materials”) from any Website, you agree to these Terms of Use. If you do not agree to these Terms of Use, you are not authorized to use any of the Websites, or obtain Materials from any of the Websites.
PLEASE NOTE THAT, NOTWITHSTANDING ANYTHING CONTAINED IN THESE TERMS OF USE OR ON ANY OF THE WEBSITES TO THE CONTRARY, THE WEBSITES ARE PROVIDED WITHOUT ANY WARRANTIES AND SUBJECT TO LIMITATIONS ON POST-BACC’S LIABILITY.
Limited License
The Websites and their entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof) are owned by POST-BACC, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other laws.
Subject to the terms and conditions set forth in these Terms of Use, POST-BACC grants you a personal, non-exclusive, non-transferable, limited right to access and use the Websites and the Materials thereon. You agree not to interrupt or attempt to interrupt the operation of the Websites in any way. You agree to comply with all copyright laws worldwide in your use of the Websites and to prevent any unauthorized copying of the Materials. Except as expressly provided herein, POST-BACC does not grant any express or implied right to you under any patents, trademarks, copyrights or trade secret information.
POST-BACC authorizes you to view the Materials on the Websites only to obtain information regarding any services listed on the Websites, (1) to the extent the applicable functionality is made available to you from time-to-time, and (2) through the provided functionality of the applicable Website. This authorization is not a transfer of title in the Materials or copies of the Materials and is subject to the following restrictions: you may not modify the Materials in any way or reproduce or publicly display, perform, or distribute or otherwise use them for any public or commercial purpose. You agree to abide by all additional restrictions displayed on the Websites as they may be updated from time to time.
Trademarks
POST-BACC’s name, trademarks and logo and all related names, logos, product and/or service names, designs and slogans are trademarks of POST-BACC or its affiliates or licensors. You must not use such trademarks without the prior written permission of POST-BACC. All other names, logos, product and/or service names, designs and slogans on the Websites are the trademarks or property of their respective owners.
Copyrights
The Websites are protected by applicable copyright and other intellectual property laws, and no Materials or other content from the Websites may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way without our express permission. Copyright in the pages of the Websites, the code, text, graphical elements, and the material contained therein and in their arrangement is owned by POST-BACC and/or its affiliates, unless otherwise indicated. In addition, the materials and elements contained on the Websites, the design and the layout may not be copied, compiled, or distributed without the prior written consent of POST-BACC.
Intellectual Property Infringement Claims
POST-BACC respects the intellectual property rights of others. If you believe that your intellectual property has been copied and/or is accessible and/or has been used in an unauthorized manner on a Website in a way that constitutes infringement, you may contact us using the link provided in the POST-BACC Privacy Policy.
We reserve the right share any notice of infringement and/or any response to a notice of infringement (including any personal information contained therein) with third parties (e.g., any user who posted the content to which you objected, any user who objected to your content, and with others).
We may terminate your use and access to the Websites if we believe that you are infringing the intellectual property rights of others or are aiding or threatening such infringement.
Use Restrictions/Prohibited Uses
You may access and use the Websites for lawful and authorized purposes only, and in no event in connection with competitive research or for scoping, benchmarking, developing, or providing any similar or competitive product and/or service. In addition, you may not exceed the scope of your authorized use of the Websites. You may not obtain or attempt to access or otherwise obtain any materials or information through any means not intentionally made available or provided for through the Websites. You agree not to access the Websites by any means other than through the interface that is provided by us to access the Websites. You must at all times provide true, accurate, and correct information, including at the time of any registration, account creation, and thereafter. You may not misrepresent your affiliation with a person or entity. You further agree and represent that information provided by you is truthful and accurate to the best of your knowledge.
You may use the Websites only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Websites: (1) in any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the United States or other countries); (2) for the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise; (3) to transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter” or “spam” or any other similar solicitation; (4) to impersonate or attempt to impersonate POST-BACC, a POST-BACC employee, another user or any other person or entity (including, without limitation, by using e-mail addresses associated with any of the foregoing); or (5) to engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Websites, or which, as determined by us, may harm POST-BACC or users of the Websites or expose them to liability.
Additionally, you agree not to, without the prior written consent of POST-BACC, (1) use any Website in any manner that could disable, overburden, damage, or impair the operation of the Websites or interfere with any other party’s use of the Websites, including their ability to engage in real time activities through the Websites; (2) use any robot, spider or other automatic device, process or means to access any Website for any purpose, including monitoring or copying any of the material on the Website; (3) use any manual process to monitor or copy any of the material on any Website; (4) use any device, software or routine that interferes with the proper working of any Website; (5) use any data mining, web crawlers, robots, cancelbots, spiders, Trojan horses, or any data gathering or extraction method in connection with your use of any Website except for customary search engines used in accordance with automated instructions directed to search engines and available on the Website, (6) introduce any viruses, worms, logic bombs or other material which is malicious or technologically harmful; (7) attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of any of the Websites, the server on which any of the Websites is stored, or any server, computer or database connected to any of the Website; (8) attack any Website via a denial-of-service attack or a distributed denial-of-service attack; (9) otherwise attempt to interfere with the proper working of any Website; or (10) for any other unauthorized purpose.
You further agree not to decompile, reverse engineer or disassemble any software or other products and/or processes accessible through any of the Websites, and not to insert any code or product or manipulate any Website in any way that affects the user’s experience including, without limitation, taking any action that imposes, or may impose, an unreasonable or disproportionately large load on such Website.
No Warranty
You expressly acknowledge and agree that your use of each Website is at your sole risk. Each Website is provided on an “AS IS”, “WITH ALL FAULTS”, and “AS AVAILABLE” basis. POST-BACC makes no representations or warranties relating to any of the Websites including, without limitation, representations or warranties that (1) any Website shall meet your requirements, (2) the operation of any Website will be uninterrupted or error free, (3) any Website will be secure or reliable; (4) any defects in any of the Websites will be corrected, or (5) any Website will be complete, accurate or of any particular quality. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, POST-BACC HEREBY DISCLAIMS ANY AND ALL WARRANTIES AND/OR REPRESENTATIONS, WHETHER EXPRESS, IMPLIED, ORAL OR WRITTEN INCLUDING, WITHOUT LIMITATION, ANY AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY, REASONABLE CARE, AND/OR FITNESS FOR A PARTICULAR PURPOSE (WHETHER OR NOT POST-BACC KNOWS, HAS REASON TO KNOW, HAS BEEN ADVISED, OR IS OTHERWISE IN FACT AWARE OF ANY SUCH PURPOSE), IN EACH INSTANCE WITH RESPECT TO THE WEBSITES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, POST-BACC FURTHER DISCLAIMS ANY AND ALL WARRANTIES, AND/OR REPRESENTATIONS OF QUIET ENJOYMENT, TITLE AND NON-INFRINGEMENT WITH RESPECT TO THE WEBSITES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.
THE MATERIALS MAY CONTAIN INACCURACIES AND TYPOGRAPHICAL ERRORS. POST-BACC DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE MATERIALS OR THE RELIABILITY OF ANY ADVICE, OPINION, STATEMENT, MEMORANDUM OR OTHER INFORMATION DISPLAYED OR DISTRIBUTED THROUGH any of THE WEBSITEs. YOU ACKNOWLEDGE THAT ANY RELIANCE ON ANY SUCH ADVICE, Opinion, STATEMENT, MEMORANDUM, OR INFORMATION SHALL BE AT YOUR SOLE RISK. POST-BACC RESERVES THE RIGHT, IN ITS SOLE DISCRETION, TO CORRECT ANY ERRORS OR OMISSIONS IN ANY PORTION OF THE WEBSITEs.
POST-BACC MAKES NO REPRESENTATIONS OR WARRANTIES THAT DEFECTS WILL BE CORRECTED, THAT THE WEBSITEs OR THE SERVERs THAT MAKES them AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITEs OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITEs WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to THE WEBSITES for any reconstruction of any lost data. POST-BACC WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITEs OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITEs OR TO YOUR STORING OF ANY MATERIAL POSTED ON them, OR ON ANY WEBSITEs LINKED TO them.
SOME JURISDICTIONS DO NOT ALLOW FOR THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
Third Party Services/Websites
As a convenience to you, POST-BACC may provide, on its Websites, links to websites operated by other entities. This includes links contained in advertisements, including banner advertisements and sponsored links. If you use these links, you will leave our Website. If you decide to visit any linked website, you agree that you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses or other destructive elements. You acknowledge that POST-BACC makes no warranty or representation regarding, and does not endorse, any linked website or the information appearing thereon or any of the products and/or services described thereon. Links do not imply that POST-BACC sponsors, endorses, is affiliated or associated with, or is legally authorized to use any trademark, trade name, logo or copyright symbol displayed on or accessible through the links, or that any linked site is authorized to use any trademark, trade name, logo or copyright symbol of POST-BACC or any of its affiliates or subsidiaries.
External Links to the Websites
All links to the Websites must be approved in writing by POST-BACC, except that POST-BACC consents to links in which: (1) the link is a text-only link containing only the name “POST BACC Program Guide”; (2) the link “points” only to www.postbaccprogramguide.com and not to deeper pages; (3) the link, when activated by a user, displays that page full-screen in a fully operable and navigable browser window and not within a “frame” on the linked website; and (4) the appearance, position, and other aspects of the link neither create the false appearance that an entity or its activities or products/services are associated with or sponsored by POST-BACC nor damage or dilute the goodwill associated with the name and trademarks of POST-BACC or its affiliates. You agree to cooperate with POST-BACC in causing any unauthorized framing or linking immediately to cease. POST-BACC reserves the right to revoke this consent to link at any time in its sole discretion.
Mobile Services
The Websites may include certain services that are available via a mobile device, including (i) the ability to enter information to the Websites via a mobile device, (ii) the ability to browse the Websites from a mobile device, and (iii) the ability to access certain features through an application downloaded and installed on a mobile device (collectively “Mobile Services”). Additional terms may apply to any such application, including any terms provided on the application platform on which you obtain such application (e.g., an application platform such as the Google Play™ store and the like). To the extent you access the Websites through a mobile device, your wireless service carrier’s standard charges, data rates and other fees may apply. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices.
Information Provided By You
Any personally identifiable information you may provide to POST-BACC via any of the Websites and any usage information that POST-BACC collects is collected, used and disclosed in accordance with the POST-BACC Privacy Policy. By using any of the Websites, you consent to the collection, use and disclosure of information as set forth in the POST-BACC Privacy Policy.
If you provide any information to us, you agree to provide only true, accurate, current and complete information. If you provide information to us about any third party, including, but not limited to, personally identifiable information, you represent and warrant that you are specifically authorized to provide such information to us so that we may use, process and transfer such personally identifiable information, and you assume all responsibility for dissemination and use of the information provided.
If you choose to provide suggestions or ideas to us (collectively, “User Suggestions”), you acknowledge and agree that any such suggestions or ideas will not be considered confidential or proprietary. By providing any such User Suggestions to POST-BACC, you grant to POST-BACC an unrestricted, irrevocable, worldwide, royalty-free license to use, reproduce, display, publicly perform, transmit and distribute such User Suggestions, and you further agree that POST-BACC is free to use any ideas, concepts or know-how that you or individuals acting on your behalf provide to POST-BACC. You represent and warrant that you own or control all rights in and to the User Suggestions and have the right to grant the license granted above to POST-BACC and its licensees, successors and assigns. You understand and acknowledge that you are responsible for any User Suggestions you submit or contribute, and you, not POST-BACC, have full responsibility for such content, including its legality, reliability, accuracy and appropriateness. You further recognize that POST-BACC does not want you to, and you warrant that you shall not, provide any information or materials to POST-BACC that is defamatory, threatening, obscene, harassing, or otherwise unlawful, or that incorporates the proprietary material of another.
Limitations of Damages
IN NO EVENT SHALL POST-BACC OR ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, DIRECTORS OR SHAREHOLDERS BE LIABLE TO ANY PERSON OR ENTITY FOR ANY (1) PERSONAL INJURY OR PROPERTY DAMAGE, OR (2) INCIDENTAL, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, COSTS OF PROCUREMENT OF SUBSTITUTE PRODUCTS AND/OR SERVICES OR ANY OTHER DAMAGES OR LOSSES, ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, THESE TERMS OF USE AND/OR THE WEBSITES, WHETHER FOR BREACH OF CONTRACT, IN TORT OR OTHERWISE, EVEN IF POST-BACC IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND WHETHER OR NOT SUCH DAMAGES ARE A REASONABLY FORESEEABLE CONSEQUENCE OF A BREACH OF THESE TERMS OF USE OR A TORT THAT FALLS WITHIN THE SCOPE OF THESE TERMS OF USE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event shall POST-BACC’s total liability to you for any damages arising out of or in any way connected with these Terms of Use or the Websites, whether for breach of contract, in tort or otherwise, exceed ten dollars ($10).
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Indemnification
You agree to defend, indemnify and hold harmless POST-BACC, its affiliates, licensors and service providers, and its and their respective shareholders, members, officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any and all claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation (or alleged violation) of these Terms of Use, your misuse of any Website, and/or your User Suggestions.
Changes/Modifications
POST-BACC reserves the right, at its sole discretion, to change, modify, add or remove any portion of these Terms of Use in whole or in part, at any time. Changes in these Terms of Use will be effective when posted and apply to all access to and use of the Websites thereafter. Your continued use of any of the Websites after any changes to these Terms of Use are posted will be considered acceptance of those changes. You are expected to check this page regularly so you are aware of any changes, as they are binding on you.
POST-BACC may terminate, change, suspend or discontinue any aspect of any Website (including the availability of any features of any Website) at any time. POST-BACC will not be liable if for any reason all or any part of any Website is unavailable at any time or for any period. POST-BACC may also impose limits on certain features and services or restrict your access to parts or all of the Websites without notice or liability.
Termination of License Grant
POST-BACC may, in its sole discretion, terminate or suspend a user’s right to access and use any or all of the Websites, at any time, with or without notice and for any reason (or no reason). Any termination by us shall be effective on the date specified in such notice or, if no date is provided, shall be effective immediately. You agree that, if your license to access and use any Website is terminated, you will not thereafter enter, or attempt to enter, the Website, directly or indirectly, and if your right to access and use any Website is suspended, you will not thereafter enter, or attempt to enter, the Website, directly or indirectly, until your suspension is removed and POST-BACC gives you express notice thereof.
International Users
Each Website is controlled, operated and administered by POST-BACC from its offices within the United States of America. POST-BACC makes no representation that materials on any Website are appropriate or available for use at other locations outside of the United States and access to them from territories where their contents are illegal is prohibited. You may not use any Website or export the Materials in violation of United States export laws and regulations. If you access any Website from a location outside of the United States, you are responsible for compliance with all local laws.
Additional Rights
You may have additional rights under certain laws including consumer laws which do not allow the exclusion of certain implied warranties, or the exclusion or limitation of certain damages. If these laws apply to you, the exclusions or limitations in these Terms of Use that directly conflict with such laws may not apply to you.
Choice of Law & Arbitration
PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS.
These Terms of Use and all matters arising out of or in connection with any Website and/or the Terms of Use shall be governed by and interpreted according to the laws of the State of Delaware (without applying the state’s conflict-of-law principles).
Any dispute arising out of or connected with any Website and/or these Terms of Use not resolved amicably between you and POST-BACC shall be resolved exclusively by binding arbitration as follows, and you agree to give up your right to go to court to sue or seek relief from us for any such dispute.
Arbitration shall take place in St. Louis City, Missouri. Any arbitration will be conducted by the American Arbitration Association (“AAA”) under its Commercial Arbitration Rules in effect at the time of the arbitration to the extent such rules are not inconsistent with this Agreement (the “Rules”). Arbitration will be conducted by a single independent and impartial arbitrator selected from the AAA’s panel of neutrals. The arbitrator will determine issues of arbitrability in the first instance but may not limit, expand or otherwise modify the terms of this Agreement. Without limiting the foregoing, the arbitrator will not have the power to award damages (other than actual compensatory damages) in excess of the limitations set forth in the Limitation of Damages section of this Agreement, and will not award any damages that are specifically excluded under this Agreement. The arbitral award will be in writing, state the reasons for the award, and will be final and binding upon the parties. The arbitration and award will be kept strictly confidential (except to the extent required by law or in connection with proceedings to enforce such award). The arbitrator is not bound by decisions reached in separate arbitrations, and the arbitrator’s decision shall be binding only upon the parties to the arbitration that are the subject of the decision. Judgment on the award may be entered by any court of competent jurisdiction. The parties agree to participate in the arbitration in good faith.
The party asserting the dispute (the “Petitioner”) shall indicate an intent to commence arbitration hereunder by giving written notice of such intent to the other party (the “Respondent”).
If the Petitioner and Respondent are unable to resolve the dispute within 15 days following the receipt by the Respondent of the above notice, arbitration shall commence upon the delivery by the Petitioner to the Respondent of a petition complying with the Rules and setting forth at a minimum (1) the acts or omissions complained of and (2) the relief sought. The Respondent shall respond to such petition in conformity with the Rules and a counterclaim shall be permitted if timely filed and served.
The Petitioner and Respondent may provide any instructions to the arbitrator which deviate from such Rules as the Petitioner and Respondent may mutually agree in writing. Unless the Petitioner and Respondent mutually agree otherwise in writing, they shall have the right to conduct discovery in any manner and to the extent authorized by the Federal Rules of Civil Procedure as interpreted by the Federal courts in the Eastern District of Missouri.
If the Petitioner and Respondent are able to agree upon a single arbitrator within 10 days following commencement of the arbitration, such individual shall serve as the arbitrator. If the parties cannot mutually agree upon the selection of an arbitrator within 10 days following commencement of the arbitration, the arbitrator shall be selected in accordance with the Rules then in effect.
With respect to any award in arbitration, the arbitrator shall issue an award in writing which (1) sets forth findings of fact, (2) resolves each specific claim, (3) attaches a reasoned opinion, and (4) is signed by the arbitrator; may compel specific performance by the Petitioner or the Respondent of his or its respective obligations under the Terms of Use or award injunctive relief to restrain any breach of the Terms of Use by a Petitioner or Respondent, in each instance without the necessity of the Petitioner (1) alleging or proving damages as a result of the breach, or (2) posting any bond; provided, however, seeking or obtaining equitable relief shall not preclude a party to the arbitration from also seeking or obtaining an award for money damages in the arbitration; and shall equitably allocate between the Petitioner and Respondent all (1) administrative fees and expenses of the arbitrator(s) and the arbitration, and (2) fees (including reasonable legal fees) and expenses incurred by the prevailing party in the arbitration.
Judgment upon an award in arbitration may be entered in any court of competent jurisdiction in the United States.
Class Action Waiver / Venue / Jury Trial Waiver
PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS.
You agree that you will resolve any disputes or claim with POST-BACC on an individual basis, and that any claims arising out of or in connection with any of the Websites and/or Terms of Use will be brought in an individual capacity, and not on behalf of, or as part of, any purported class, consolidated, or representative proceeding. You further agree not to participate in any consolidated, class or representative proceeding brought by any third party arising out of or in connection with any Website and/or the Terms of Use.
Neither the arbitrator nor the AAA shall have any authority to hear, arbitrate, or administer any mass action (including instances in which POST-BACC or you are represented by a law firm or collection of law firms that has filed 50 or more arbitration demands of a substantially similar nature against the other party within 180 days of the arbitration demand filed on POST-BACC’s or your behalf, and the law firm or collection of law firms seeks to simultaneously or collectively administer and/or arbitrate all the arbitration demands in the aggregate) or to award relief to any person but the individual parties to a single arbitration.
If any court or arbitrator determines that the preceding waiver is void or unenforceable or that arbitration can proceed on a class basis, then the dispute or claim will not be subject to arbitration.
For any dispute or claim that is not subject to arbitration, you consent to exclusive jurisdiction and venue in the federal courts sitting in the Eastern District of Missouri, unless no federal subject matter jurisdiction exists, in which case you consent to exclusive jurisdiction and venue in the state courts sitting in St. Louis City, Missouri. You hereby irrevocably waive, to the fullest extent permitted by applicable law, any objection which you may now or hereafter have to the laying of venue of any such proceeding brought in such a court and any claim that any such proceeding brought in such a court has been brought in an inconvenient forum.
To the extent not prohibited by applicable law that cannot be waived, the parties hereby waive, and covenant that they will not assert (whether as plaintiff, defendant or otherwise), any constitutional, statutory or other right to trial by jury in any action, proceeding or counterclaim arising in whole or in part under or in connection with these Terms of Use or use of any of the Websites, whether now existing or hereafter arising, and whether sounding in contract, tort or otherwise. The parties agree that a copy of this paragraph may be filed with any court as written evidence of the knowing, voluntary and bargained-for agreement among the parties to irrevocably waive their right to trial by jury in any proceeding whatsoever between them relating to these Terms of Use or use of any of the Websites and that such proceeding will instead be tried in a court of competent jurisdiction by a judge sitting without a jury,
Waiver
The failure of POST-BACC to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision. Any waiver of these Terms of Use by POST-BACC must be in writing and signed by an authorized representative of POST-BACC.
Relationship of the Parties
Except as expressly provided herein, nothing contained in these Terms of Use or your use of the Websites shall be construed to constitute either party as a partner, joint venturer, employee or agent of the other party, nor shall either party hold itself out as such. Neither party has any right or authority to incur, assume or create, in writing or otherwise, any warranty, liability or other obligation of any kind, express or implied, in the name of or on behalf of the other party, it being intended by both parties that each shall remain independent contractors responsible for its own actions.
Limitation on Time to File Claims.
Any cause of action you may have with respect to your use of any Website must be commenced within one year after the claim or cause of action arises otherwise such cause of action is permanently barred.
Severability
If for any reason a court of competent jurisdiction finds any provision of these Terms of Use or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to affect the intent of these Terms of Use, and the remainder of these Terms of Use shall continue in full force and effect.
Entire Agreement
These Terms of Use, and the POST-BACC Privacy Policy constitute the entire agreement between POST-BACC and you with respect to your use of the Websites and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Websites.
Questions
If you have questions about these Terms of Use, please contact info@postbaccprograms.com.