Updated: August 8, 2019
Please read these terms carefully before using or accessing any pages in this website (“Website”, “Site”, “The Fountain”, “us” or “we”).
Acceptance of Terms
Health care disclaimer
The content, products and services offered herein are here to educate consumers on health care and medical issues that may affect their daily lives.
WE DO NOT PROVIDE MEDICAL ADVICE. Nothing in the content, products, or services should be considered, or used as a substitute for, medical advice, diagnosis or treatment. This site and its services do not constitute the practice of any medical, nursing or other professional health care advice, diagnosis, or treatment. You should always talk to your health care provider for diagnosis and treatment, including your specific medical needs, and before consuming or using any of the products mentioned on this site. None of the products or services offered through this website represents or warrants that any particular service or product is safe, appropriate, or effective for you. We advise users to always seek the advice of a physician or other qualified health care provider with any questions regarding personal health or medical conditions. If you have or suspect that you have a medical problem or condition, please contact a qualified health care professional immediately.
This Content has not been evaluated by the Food and Drug Administration. The Content is not intended to diagnose, treat, cure, or prevent any disease.
We have obtained the information provided on the Site from sources believed to be reliable and accurate, but we can make no guarantee or warranty as to the accuracy, timeliness or completeness of that information.
If you are in the United States and are experiencing a medical emergency, please call 911 or call for emergency medical help on the nearest telephone.
General Use of The Fountain
- except with the express written permission of The Fountain, modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, frame in another web page, use on any other website, transfer or sell any information, software, lists of users, databases or other lists, products or services provided through or obtained from The Fountain, including without limitation, engaging in the practices of “screen scraping,” “database scraping,” or any other activity with the purpose of obtaining lists of users or other information;
- damage, disable, overburden, or impair The Fountain or interfere with any other party’s use and enjoyment of The Fountain;
- obtain or attempt to obtain any materials or information through any means not made readily accessible by The Fountain;
- except with the express written permission of The Fountain, access or attempt to access password protected, secure or non-public areas of The Fountain.
The Fountain grants you a non-exclusive, limited license, revocable at our discretion, for you to link to the The Fountain home page or other The Fountain posts from any site you own or control that is not commercially competitive with The Fountain and does not criticize or otherwise injure us, so long as the site where the link resides, and all other locations to which such site links, comply with all applicable laws and do not in any way abuse, defame, stalk, threaten or violate the rights of privacy, publicity, intellectual property or other legal rights of others or, in any way, post, publish, distribute, disseminate or facilitate any inappropriate, infringing, defamatory, profane, indecent, obscene or illegal/unlawful information, topic, name or other material or that violates the spirit of our mission.
The Services provided through The Fountain may also be located on third party websites or applications, via a link, click-through advertising, or otherwise. Nothing contained in any of these Services is an offer or promise by The Fountain to sell a specific product for a specific price or that any advertiser will sell any product or service for any purpose or price or on any specific terms. In addition, The Fountain does not make any representation or warranty with respect to such third party Services, and is not responsible for their accuracy, sufficiency, veracity, completeness, or timeliness. You are responsible for confirming the sufficiency and reliability of any third party Services, and you hereby release The Fountain from any and all claims, demands, liability and damages (actual or consequential) of every kind and nature, known and unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way connected with your use of such Services.
Please note that you may be subject to additional and/or different terms, conditions, and privacy policies when you use third party Services, Content (as defined below), software or sites.
Intended for users 18 and older
The Site is intended for use by individuals 18 years of age or older. This website is not directed for use by children under the age of 18. Users under the age of 18 should get the assistance of a parent or guardian to use this site.
Content Contained in The Fountain
The Fountain and its contents including, but not limited to, all information, text, messages, images, photos, illustrations, designs, icons, video clips, sounds, files, trademarks, copyrighted material, trade dress, software, specifications, catalogs, literature, technical information, advertisements and other content or materials on The Fountain (collectively, “Content”) is owned by The Fountain and/or third parties with all rights reserved unless otherwise noted. The Fountain grants you a limited license to access and use The Fountain and Content solely for informational, personal and non-commercial purposes (including printing individual pages from The Fountain provided that you retain all copyright and other proprietary notices contained thereon). You are strictly prohibited from modifying or making any other use of The Fountain or Content, except with express written consent of The Fountain. You understand that all third party Content posted on, transmitted through, or linked from The Fountain, is the sole responsibility of the third party originator of such Content.
Content is provided through the The Fountain AS IS, and you agree that the use of and reliance on any Content is at your own risk, and that under no circumstances shall The Fountain be liable for any Content or for any loss or damage of any kind incurred as a result of the use of any Content made available via the Services.
Some materials, unless otherwise noted, were taken from the Internet and are assumed to be in the public domain. In the event that there is still a problem or error with copyrighted material, the break of the copyright is unintentional and noncommercial and the material will be removed immediately upon presented proof via emailing email@example.com.
You acknowledge that The Fountain does not screen or approve third-party Content, and that The Fountain shall have the right (but not the obligation) in its sole discretion to refuse, modify, delete or move any Content that is available via The Fountain, for any reason.
Content You Provide
To the extent that you post, upload, input, submit or otherwise transmit (collectively, “Transmit” or “Transmitting” as appropriate) Content on or through The Fountain, you agree to provide true, accurate and complete information and to refrain from impersonating or falsely representing your affiliation with any person or entity. You are entirely responsible for all Content that you provide or otherwise make available via The Fountain. You also warrant and represent that you own or otherwise control all of the rights to such Content including, without limitation, all the rights necessary for you to Transmit such Content, and to transfer your or others’ interests in such Content to The Fountain as provided below.
You promise that you will not use the The Fountain to:
- Transmit any Content
- not related to appropriate subject matters;
- which is misleading to others, including consumers;
- that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
- that you do not have a right to post and transmit under any law or under contractual relationships;
- such that such posting, uploading, or transmission constitutes the infringement of any patent, trademark, trade secret, copyright or other proprietary rights of any party;
- and materials that contain software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; or
- intentionally or unintentionally violate any applicable local, state, national or international law, or any regulations having the force of law, including the Civil Rights Act of 1866, the Fair Housing Act, the Americans with Disabilities Act, and the Equal Credit Opportunity Act.
By Transmitting Content to The Fountain, you grant, and you represent and warrant that you have the right to grant, to The Fountain an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute the Content and to prepare derivative works of, or incorporate into other works, the Content, and to grant and authorize sublicenses (through multiple tiers) of the foregoing. Furthermore, by posting Content to any public area of The Fountain, you grant The Fountain all rights necessary to prohibit any subsequent aggregation, display, copying, duplication, reproduction, or exploitation of the Content on The Fountain by any party for any purpose.
Any content placed on any discussion area are the views of the user posting the statement, and do not represent the views of The Fountain.
If you submit any products, concepts, ideas, images, photographs, descriptions or other materials (each, a “Submission”), you acknowledge, understand and agree that The Fountain is under no obligation whatsoever to review, consider, publish, develop, sell or otherwise use your Submission, or to develop, continue to develop or otherwise produce any product or any other material or content, whether or not involving your or anyone else’s Submission or otherwise.
You understand, acknowledge and agree that upon your submission of the Submission to The Fountain, that the Submission materials become the property of The Fountain and The Fountain shall not have any obligation to return or account to you for any Submissions you submit to The Fountain, that The Fountain is not under any obligation to provide you with any compensation or credit (verbal or written) for the Submission and/or The Fountain’s use of the Submissions.
You represent and warrant that the Submission is your original creation, there are no adverse claims in or to the Submission and the Submission does not violate any copyright, patent (including design patent), trademark, trade name, or the rights of any third party, and is not otherwise unlawful.
You acknowledge that other persons may have submitted photographs, ideas, concepts, products or other material to The Fountain, may have made public, or may originate, submit or make public, material similar or identical to any materials, proposals, suggestions, concepts and the like relating to your Submission.
You acknowledge both that The Fountain receives numerous submissions of similar, equivalent or even identical content, products, information or material from many parties and/or may have already developed and/or considered similar or identical concepts to those contained in the Submission and that The Fountain’s review of the Submission is not an admission of novelty, priority or originality.
You understand and agree you will not be entitled to any compensation because of the use of, or because of the manner associated with, any content, information or material that is similar, equivalent or even identical to the content, information or material relating to your Submission.
Even if you subsequently see or learn of a product which appears to incorporate any idea or concept or include anything similar to that contained in the Submission that you or anyone else submits to The Fountain (“Other Product”), you agree that The Fountain shall have no obligation to you with respect to any such Other Product.
You will not assume or infer that your Submission has been accepted, produced or otherwise used.
You acknowledge, understand and agree that (a) there does not now exist, nor has there ever existed, nor will there exist, a fiduciary or confidential relationship between you and The Fountain and that the Submission is not being submitted in confidence or in trust, nor are you an agent nor acting on behalf of or as a representative of The Fountain in connection with the Submission; (b) you are making this submission on a voluntary and unsolicited basis; (c) you have not agreed to this disclaimer in reliance upon any representation or promise, whether written or oral; (d) you acknowledge that you will be required to execute a formal agreement with The Fountain in the event that The Fountain intends to use your Submission.
Please note that posts to on our Site, our forums and comments are viewable by the public and discoverable by search engines. When using our forums and blogs, some of your personally identifiable information (only if provided by you) such as your first or last name, might be displayed, making your information no longer private. Please bear this in mind when creating a user name and when posting using a first and/or last name.
Connecting to The Fountain via a Mobile Device
The Fountain may include certain Services that may be available via your mobile device, including without limitation, the ability to upload to the Website via your mobile device, the ability to receive and reply to messages and to send content and messages using text messaging, and the ability to access the Website from your mobile device (collectively, the “Mobile Services”). The Fountain does not currently charge for Mobile Services. Your carrier’s normal messaging, data and other rates and fees will, however, still apply. You should check with your carrier to find out what plans are available and how much they cost.
Disclaimer of Warranties
YOU EXPRESSLY UNDERSTAND AND AGREE THAT: YOUR USE OF AND RELIANCE UPON The Fountain, PRODUCTS, SERVICES AND/OR CONTENT IS AT YOUR SOLE RISK AND IS MADE AVAILABLE ON AN “AS IS” AND “AS AVAILABLE” BASIS. The Fountain MAKES NO EXPRESS OR IMPLIED REPRESENTATIONS, WARRANTIES, OR GUARANTEES WITH REGARD TO THE APPROPRIATENESS, ACCURACY, SUFFICIENCY, CORRECTNESS, VERACITY, VALUE, COMPLETENESS, OR TIMELINESS OF The Fountain, OR THE PRODUCTS, SERVICES AND/OR ANYTHING ELSE CONTAINED IN THE SITE’S CONTENT. The Fountain EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
Limitation of Liability
IN NO EVENT SHALL The Fountain BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF The Fountain, WITH THE DELAY OR INABILITY TO ACCESS OR USE The Fountain OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY CONTENT, SOFTWARE, PRODUCTS AND SERVICES MADE AVAILABLE OR OBTAINED THROUGH The Fountain, OR OTHERWISE ARISING OUT OF THE USE OF The Fountain, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF The Fountain HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. ANY SERVICES OR CONTENT MADE AVAILABLE OR OBTAINED THROUGH THE USE OF The Fountain, AND ALL OTHER USE OF The Fountain, IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS THEREFROM.
All materials on The Fountain (as well as the organization and layout of The Fountain) are owned and copyrighted or licensed by The Fountain, its corporate affiliates or its third-party vendors. No reproduction, distribution, or transmission of the copyrighted materials on The Fountain is permitted without the written permission of The Fountain. Any rights not expressly granted herein are reserved.
Pursuant to Title 17, United States Code, Section 512, notifications of claimed copyright infringement should be sent to The Fountain’s Designated Agent set forth below. All inquiries must be filed in accordance with Title 17, United States Code, Section 512.
Legal Department, The Fountain
1122 Oberlin Road
Raleigh, NC 27707