Terms of Use

1. Your Acceptance

By Using and/or visiting this website (collectively, including all content and functionality available through the FindYourCenter.com domain name, the “FindYourCenter.com”, or “Website”), you signify your agreement to (1) these terms and conditions (the “Terms of Service”), and (2) FindYourCenter.com’s privacy policy. If you do not agree to any of these terms, or the FindYourCenter.com privacy notice please do not USE the FindYourCenter.com Website. Although FindYourCenter.com may attempt to notify you when major changes are made to these Terms of Service, you should periodically review the most up-to-date version. FindYourCenter may, in its sole discretion, modify or revise these Terms of Service and policies at any time, and you agree to be bound by such modifications or revisions. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.

2. Links

The FindYourCenter Website may contain links to third party websites that are not owned or controlled by FindYourCenter. FindYourCenter has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, FindYourCenter will not and cannot censor or edit the content of any third-party site. By using the Website, you expressly relieve FindYourCenter from any and all liability arising from your USE of any third-party website.

3. User Submitted Content

A. As a FindYourCenter account holder you may submit information, data, text, photographs, sound, graphics, video, messages, reviews or other materials (“User Submitted Content”) though this site. You understand that whether or not such Content is published, FindYourCenter does not guarantee any confidentiality with respect to any User Submitted Content.

B. You shall be solely responsible for your own User Submitted Content and the consequences of posting or publishing them. In connection with User Submitted Content, you affirm, represent, and/or warrant that: you own or have the necessary licenses, rights, consents, and permissions to USE and authorize FindYourCenter to Use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Submitted Content to enable inclusion and USE of the User Submitted Content in the manner contemplated by the Website and these Terms of Service.

C. For clarity, you retain all of your ownership rights in your User Submitted Content. However, by submitting User Submissions to FindYourCenter, you hereby grant FindYourCenter a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to USE, reproduce, distribute, prepare derivative works of, display, and perform the User Submitted Content in connection with the FindYourCenter Website and FindYourCenter’s (and its successors’ and affiliates’) business, including without limitation for promoting and redistributing part or all of the FindYourCenter Website (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each User of the FindYourCenter Website a non-exclusive license to access your User Submissions through the Website, and to USE, reproduce, distribute, display and perform such User Submitted Content as permitted through the functionality of the Website and under these Terms of Service.

D. In connection with User Submitted Content, you further agree that you will not submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant FindYourCenter all of the license rights granted herein.

E. FindYourCenter does not endorse any User Submitted Content or any opinion, recommendation, or advice expressed therein, and FindYourCenter expressly disclaims any and all liability in connection with User Submitted Content. FindYourCenter does not permit copyright infringing activities and infringement of intellectual property rights on its Website, and FindYourCenter will remove all Content and User Submitted Content if properly notified that such Content or User Submitted Content infringes on another’s intellectual property rights. FindYourCenter reserves the right to remove Content and User Submitted Content without prior notice.

4. Disclaimers of Warranties

YOU UNDERSTAND AND AGREE THAT TO THE EXTENT PERMITTED BY LAW:

A. SERVICES AND CONTENT ON THIS SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. FINDYOURCENTER EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND AGAINST INFRINGEMENT.

B. FINDYOURCENTER MAKES NO WARRANTY THAT: (i) THE FUNCTIONS OF AND SERVICES PROVIDED IN THIS SITE WILL BE UNINTERRUPTED, SECURE OR ERROR- FREE; (ii) DEFECTS WILL BE CORRECTED; OR (iii) THIS SITE OR THE SERVER THAT MAKES THE SERVICES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

C. FINDYOURCENTER MAKES NO WARRANTY REGARDING THE ACCURACY, VERACITY, INTEGRITY OR QUALITY OF THE CONTENT, SITES OR RESOURCES MADE AVAILABLE ON OR FROM THIS SITE, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY THAT SUCH CONTENT, SITES OR RESOURCES WILL BE FREE OF MATERIAL THAT IS OFFENSIVE, INDECENT OR OBJECTIONABLE.

D. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

5. Limitation of Liability

IN NO EVENT WILL FINDYOURCENTER BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL OR EXEMPLARY DAMAGES FOR ANY USE OF THIS SITE, OR USE OF ANY OTHER LINKED SITE, EVEN IF FINDYOURCENTER IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY IS TO DISCONTINUE USE OF THE SITE.

6. Privacy

Your privacy is important to FindYourCenter. All information gathered by FindYourCenter from you in connection with your use of this site is subject to the provisions of our Privacy Policy Statement. FindYourCenter does not control, nor is FindYourCenter responsible for, the privacy practices of those sites to which FindYourCenter link and, therefore, you agree to read the privacy policies of those sites.

7. Indemnity

You agree to indemnify and hold FindYourCenter and our affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of: your use of the site; User Submitted Content you submit, post, transmit or otherwise make available though this site; your violation of these Terms; or your violation of any rights of another.

6. General Information

These Terms constitute the entire agreement between you and FindYourCenter with respect to the subject matter hereof, and govern your use of this site, superseding any prior agreements between you and FindYourCenter. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party Content or third-party software. These Terms and the relationship between you and FindYourCenter will be governed by the laws of the State of North Carolina without regard to its conflict of law provisions. The parties agree to submit to the personal and exclusive FindYourCenter jurisdiction of the courts located within Mecklenburg County, North Carolina, for any dispute arising under or relating to the subject matter of these Terms. Our failure to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision. If any provision of these Terms is found invalid or unenforceable, that provision will be enforced to the maximum extent possible, while the remaining provisions of these Terms will remain in full force and effect.