ACCESS TO THIS SITE
This Site is intended for the internal use of the NDCP and its membership. The Site is hosted by the NDCP. The NDCP may alter, suspend, or discontinue this Site at any time for any reason without notice or cost. The Site may become unavailable due to maintenance or malfunction of computer equipment or other reasons.
Unless otherwise noted, all materials on this Site including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the line (“Content”) and the trademarks, service marks, trade dress, logos and/or other intellectual properties contained therein are owned by or licensed to NDCP and/or its subsidiaries and affiliates, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions.
Nothing contained on this Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use this Site or any Content displayed on this Site, through the use of framing of otherwise, without the prior written permission of the NDCP or such third party that may own the trademark or copyright of material displayed on this Site. All rights not expressly granted are reserved.
Baskin-Robbins and Dunkin' Donuts, are registered trademarks of Baskin-Robbins Incorporated and Dunkin' Donuts Incorporated. Pepsi is a registered trademark of PepsiCo, Inc. Blue Cross/Blue Shield is a registered trademark of the Blue Cross and Blue Shield Association. All rights reserved.
PERSONAL AND NON-COMMERCIAL USE LIMITATION
Subject to your full compliance with these terms, the NDCP authorizes you to view the Content, make a single copy of it, and print that copy, but only for your own lawful, personal, non-commercial use, provided that you maintain all copyright, trademark and other intellectual property notices contained in such Content, and provided that the Content, or any part thereof, is not modified.
NO LEGAL SERVICES OR ATTORNEY-CLIENT RELATIONSHIP
The information contained in this Site is for general guidance on topics selected by the NDCP. Such information is provided on a blind-basis, without any knowledge as to the reader's identity or specific circumstances. The application and impact of relevant laws will vary from jurisdiction to jurisdiction. There may also be delays, omissions or inaccuracies in information contained in this Site. The information on this Site is provided with the understanding that the NDCP's and various authors' and publishers' providing of such information does not constitute the rendering of legal, accounting, tax, career or other professional advice or services. Information on this Site should not be relied upon or used as a substitute for consultation with professional advisors.
DISCLAIMER OF WARRANTIES
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, THE NDCP DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SPECIFICALLY, BUT WITHOUT LIMITATION, THE NDCP MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT ACCURACY OR COMPLETENESS OF THIS SITE’S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES OR INNACURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF NDCP’S SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMAITON AND/OR FINANCIAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE; (V) ANY VIRUSES OR OTHER HARMFUL COMPONENTS WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE BY ANY THIRD PARTY; AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF, OR THE INABILITY TO USE, THE WEBSITE OR ANY MATERIALS IN THE SITE. FURTHERMORE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR OTHER CORRECTION RESULTING FROM YOUR USE OF THE SITE. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSING MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS UNDER APPLICABLE LAW.
You hereby irrevocably waive any claim against us with respect to information, content and materials contained on the Site, including without limitation, user-generated content.
RESPONSES TO ONLINE REQUESTS
From time to time, the NDCP may offer to provide information or materials via email or otherwise to interested persons. The NDCP reserves the right, in its absolute discretion, to reject any requests for such information or materials, or to discontinue the provision of such information or materials to any person, for any reason whatsoever.
LIMITATIONS OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL THE NDCP BE LIABLE FOR ANY DAMAGES OR INJURY, INCLUDING ANY DIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR OTHER DAMAGES OR FOR LOST PROFITS OR LOSS OF USE DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SITE OR THE MATERIALS AND/OR INFORMATION CONTAINED ON THE SITE, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE SITE OR INFORMATION AVAILABLE ON THE SITE, EVEN IF NDCP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
LINKS TO OTHER SITES
This Site may contain links to non-NDCP sites. These links are provided to you only as convenience. Such linked sites are not under the control of the NDCP and the NDCP is not responsible for the contents of any linked site, or any link contained in a linked site. The inclusion of any link does not imply endorsement by the NDCP of the site, and the NDCP shall have no responsibility for information that is referenced by or linked to this Site.
NDCP expressly disclaims any responsibility for the accuracy, completeness or availability of information, content and materials found on sites that link to or from the Site. NDCP cannot ensure that you will be satisfied with any products or services that you purchase from a third-party site that links to or from the Site, or any third-party information, content or materials contained on the Site, including without limitation user generated content. NDCP does not endorse any of the merchandise, nor has NDCP taken any steps to confirm the accuracy, completeness or reliability of, any of the information, content or materials contained on any third-party site.
NDCP does not make any representations or warranties as to the security of any information, content or materials (including without limitation credit card and other personal information) you might be requested to give to any third party on or through any such third party website, all of which will be governed by the applicable terms and conditions of use, privacy policies and other relevant agreements governing the use of such third party website. You hereby irrevocably waive any claim against us with respect to information content and materials contained on any third party sites, and any liability arising from or in connection with information, content or materials provided by you to such third party sites. NDCP strongly encourages you to make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties.
Information, including but not limited to remarks, suggestions, ideas, graphics, or other submissions, communicated to the NDCP through this Site will forever be the exclusive property of the NDCP. The NDCP will not be required to treat any submission as confidential and may disclose submissions to other persons. Therefore, you should not send any email to the DCP that contains confidential or sensitive information. The NDCP is entitled to use any information submitted for any purpose, without restriction (except as stated in the Privacy Statement below) or compensation to the person sending the submission. The user acknowledges the originality of any submission communicated to the NDCP and accepts responsibility for its accuracy, appropriateness and legality and copyright.
These Terms & Conditions shall be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts and the laws of the United States, without giving effect to any principles of conflicts of law. If any provision of these Terms & Conditions shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms & Conditions and shall not affect the validity and enforceability of any remaining provisions. No waiver of any provision of these Terms & Conditions by us shall be deemed a further or continuing waiver of such provision or any other provision, and our failure to assert any right or provision under these Terms and Conditions shall not constitute a waiver of such right or provision. YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION SHALL BE PERMANENTLY BARRED.
These Terms & Conditions are effective until terminated by either you or NDCP. You may terminate these Terms & Conditions at any time by discontinuing use of the Site and destroying all materials obtained from the Site and all related documentation and all copies and installations thereof, whether made under these Terms & Conditions or otherwise.
NDCP may immediately terminate these Terms & Conditions with respect to you with or without cause and with or without notice to you in our sole discretion. Upon termination, you must cease use of the Site and destroy all materials obtained from the Site and all copies thereof, whether made under these Terms & Conditions or otherwise.
The provisions of these Terms & Conditions which by their nature should survive the termination of these Terms & Conditions shall survive such termination.