- To access certain tools, features or functions contained within the Content, you may be required to establish an account.
- We may make periodic updates to the Properties at any time and from time to time with or without notice to you.
- The Content may include digital rights management, security and anti-tampering related features which, if triggered, may result in Content that was previously available for use being unavailable thereafter.
- You understand that you may encounter Content on the Properties that you may find objectionable.
- Any User Content (as defined in Section 9 below) that you submit and/or contribute to may be used by under a royalty-free, non-exclusive, worldwide and perpetual license
- No information presented throughout any of the Properties is intended to be construed as, or a substitute for, professional advice. The information presented throughout the Properties is for general informational purposes only, and is not to be taken as medical advice or treatment information.
- Your use of any portion of the Properties and/or your reliance on any of the information contained therein is at your own risk.
- disclaims, to the fullest extent permissible by law, all representations and warranties regarding the Properties as well as any and all products, services and content featured thereon, and limits its liability with respect to these representations and warranties, all as described below.
- License; Reservation of Rights.
- Additional Restrictions.
Your use of the Properties is also subject to the following restrictions:
The Properties are only intended for use by users with a United States or Canadian billing address (collectively, and as applicable, the “Territory”). You understand and acknowledge that you may not sign up for, access, or attempt to access or use the Properties from outside of the Territory. By using or continuing to use the Properties, you represent, covenant and agree that you comply with the Territory requirements at all times.
You may not use the Properties to transmit, display, perform or otherwise make available any messages, content or materials (i) that are illegal, obscene, threatening, of a “spamming” nature, defamatory, or invasive of privacy; (ii) so as to violate or infringe any copyrights, trademarks, patents, trade secrets, other intellectual property rights, privacy or publicity rights, communications regulations or statutes, or any other laws, including without limitation laws concerning defamation, harassment, obscenity, or pornography; (iii) that constitute political campaigning or commercial solicitation or that contain software viruses or other computer code designed to interfere with the functionality of any computer systems; or (iv) that harms minors in any way. You agree not to interrupt or attempt to interrupt the operation of the Properties in any way.
Because the Properties include security components, special rules and policies apply. You may not attempt (or support others’ attempts) to circumvent, reverse engineer, decrypt, decompile, disassemble, or otherwise alter, tamper or interfere with any aspect of the Properties. You may not distribute, exchange, modify, sell or re-sell, or transmit to any other person any part of the Properties, including, but not limited to, any text, images, video or audio, for any business, commercial or public purpose.
The license granted to you hereunder does not convey to you any of the following: (a) reproduction or promotional use rights in the Content (e.g., any uses that implicate or require public performance or print music rights, or any use that would result in the commercial redistribution of the Content or the musical composition underlying the Content), (b) rights to enter into arrangements with any revenue-generating broadcast system (terrestrial, satellite, cable and/or other distribution channels), (c) rights to distribute or redistribute Content on streaming applications (via Internet, intranets and/or other networks), (d) rights to distribute to others Content on other content distribution systems (pay-audio or audio-on-demand applications and the like) or on physical media (compact discs, digital versatile discs, semiconductor chips, hard drives, memory cards and the like), or (e) commercial, sale, resale, reproduction, distribution or promotional use rights for the Content.
You acknowledge and agree that the views expressed on the Properties do not necessarily reflect the views of , and does not support or endorse any content or materials, whether or not edited by , that is posted or submitted by you or any other user.
You may be required to register as a user on the Properties to access certain sites, pages and offerings (i.e., e-commerce, promotions, discounts, sweepstakes, etc.). You agree to provide true, accurate, current and complete information about yourself as prompted by any subscription form, contribution form and any registration form contained within the Properties. If any information provided by you is untrue, inaccurate, not current or incomplete, reserves the right to terminate your subscription and refuse any and all current or future use of the Properties. reserves the right, in its sole discretion, to terminate your registration at any time for any reason without notice.
Without limiting any of the foregoing, you agree to not use the Properties to:
- Upload, post, publish, e-mail, reproduce, distribute or otherwise transmit any information, data, text, music, sound, photographs, graphics, video, messages or other materials, that is unlawful, harmful, threatening, embarrassing, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, deceptive, fraudulent, contains explicit or graphic descriptions or accounts of sexual acts, invasive of another’s privacy, or hateful;
- “Stalk” another user;
- Upload, post, publish, e-mail, reproduce, distribute or otherwise transmit any content or materials that victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
- Impersonate any person or entity, including, but not limited to, a official, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- Upload, post, publish, e-mail, reproduce, distribute or otherwise transmit any materials that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
- Upload, post, publish, e-mail, reproduce, distribute or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “Spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
- Upload, post, publish, e-mail, reproduce, distribute or otherwise transmit any material that contains software viruses, Trojan horses, worms, time bombs, cancelbots, 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 any other similarly destructive activity, or surreptitiously intercept or expropriate any system, data or personal information;
- Act in a manner that negatively affects other users’ ability to engage and use any aspect of the Properties;
- Intentionally or unintentionally violate any applicable local, state, national or international law; and/or
- Harvest, collect or store information about the users of the Properties posted by others or use such information for any purpose inconsistent with the purpose contemplated hereunder.
- Disclaimer of Referrals.
- hereby disclaims all representations and warranties of any kind with respect to any professional that is or may be featured within the Properties;
- The professional referral materials contained within any Properties are not intended to constitute to, replace or otherwise be a substitute for professional advice;
- We do not guaranty the accuracy, quality or availability of the referrals;
- Even if certain medical procedures, perspectives and products are featured within any of the Properties, we do not recommend or endorse them in any capacity;
- Your reliance on any Content and/or referral(s) originated within the Properties is at your own risk; and
- For specific medical-related questions, please see a licensed health care professional of your choosing.
To provide users with a forum in which identify and locate professional, cannot and does not involve itself in the agreements between users and the actual professionals that may be featured on the Properties.(and/or their representatives). In addition, does not screen any professionals and the fact that any professional appears on the Properties does not imply an endorsement of him/her. Accordingly, cannot ensure the success or level of care that may be provided by any such professional. You, and not , is solely responsible for assessing the integrity, honesty and trustness of all professionals with whom you may communicate. In addition, a provider’s participation with specific health care plans change frequently, and we always recommend that you check with the provider directly regarding his/her insurance affiliations.
- External Links Disclaimer.
The Properties routinely contain links to external, third party websites. By providing links to other sites, does not guarantee, approve or endorse the information or products available at these sites, nor does a link indicate any association with or endorsement by the linked site to the site in question.
does not operate or control and has no responsibility for the information, products and/or services found on any external sites. Nor do such links represent or endorse the accuracy or reliability of any information, products and/or services provided on or through any external sites, including, without limitation, warranties of any kind, either express or implied, warranties of title or non-infringement or implied warranties of merchantability or fitness for a particular purpose.
Visitors to any Properties assume complete responsibility and risk in their use of any external sites. Visitors should direct any concerns regarding any external link to the site administrator or webmaster.
- Mobile / Wireless Policy.
In addition to any fees which may be applied for use of any portion of the Properties that requires payment (e.g., certain subscriptions, product/ service purchases, etc.), your provider’s standard messaging rates apply to our confirmation and to all subsequent SMS correspondence. All charges are billed by and payable to your mobile service provider.
- Contests, Promotions, Simulations or Games.
From time to time, may offer as part of the Properties, contests, promotions, simulations or games (collectively, the “Promotions”). To participate in any Promotion, players/contestants may be required to complete a registration form. Upon submission, all registrations become the exclusive property of . Registered users (each, a “Registered User”) are permitted only one account. Registered Users with more than one account are subject to immediate disqualification from any Promotion, unless the description of the Promotion expressly invites a user to register multiple times. , at its sole discretion, may suspend or revoke the registration of any Registered User.
Registered Users agree to release and its agents, advertisers, sponsors or promotional partners, from all liability arising from participation in any of Promotion located on, or accessed through, the Properties. is not responsible for technical, hardware or software failures of any kind, lost or unavailable network connections, or failed, incomplete, garbled or delayed computer transmissions which may limit any Registered User’s ability to participate in any Promotion.
Each Registered User agrees to be bound by the rules of any Game and by the rules of fair play and consideration of fellow Registered User. A Registered User who violates any of the rules or guidelines for behavior published on the Properties, or the site where the Game is conducted, are subject to immediate disqualification and revocation of their registration. is under no obligation to award any prize to any Registered User who violates a published rule or guideline.
- Intellectual Property Rights.
The Properties contain and/or embody copyrighted material, trade secrets, patented (and/or patent pending) inventions and/or other proprietary material and intellectual property of ours and/or our licensors. All title and ownership rights in the Properties and all elements and portions thereof, remains with us and our licensors, as applicable. You agree to keep information contained in the Properties which is not publicly known confidential to yourself, and not to disclose such information to others without our prior written approval.
You cannot use any of the trademarks or protected copyright materials found on and within the Properties, except as specified herein and in accordance with applicable law. You may not copy, display or use any of the trademarks or protected copyright materials without prior written permission of the owner. Any unauthorized use may violate United States, Canadian and foreign copyright laws, trademark laws, the laws of privacy and publicity, and civil or criminal statutes.
- Unsolicited Materials; User License
In operating the Properties, neither solicits nor desires to receive any materials (confidential or otherwise) from its users through any means (excluding certain transaction information that may be required to process financial transactions such as your credit card number or other payment information (the “Transaction Information”)). Any information or material submitted or sent to will not be treated as confidential or secret, save certain Transaction Information.
In addition to the foregoing, by communicating with and submitting or sending content, materials, drawings, ideas, concepts, designs, or information in any format now existing or hereafter devised (the “User Content”), you are granting a royalty-free, unrestricted, world-wide, perpetual, irrevocable, non-exclusive and fully sub-licensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such User Content (in whole or part). Such license includes incorporating the User Content, in whole or in part, into any work product. You also warrant that any “moral rights” in posted materials have been waived.
- Product Purchases.
Across certain Properties, you will be permitted to purchase goods for sale thereon, and/or subscribe to certain programs offered by that will regularly ship merchandise to you in consideration for your monthly subscription fee (a “subscription program”). All purchases are for consumer use only. No products purchased on any Property may be resold, and dealer orders are expressly not permitted. reserves the right to accept or reject any order/purchase.
Except in the case of your participation in subscription program in which the products sent to you are pre-determined by a representative, you will have the opportunity to review and confirm your order, including delivery address (if applicable), payment method and product details. We will send to you a notice when we accept your order and our acceptance will be deemed complete and for all purposes to have been effectively communicated to you at the time we send the notice. At such time, the contract for sale will be made and become binding on both you and us. The risk of loss in any goods you purchase and the responsibility to insure them passes to you when the relevant goods are delivered.
We reserve the right to refuse or cancel any order prior to delivery. Some situations that may result in your order being cancelled include system or typographical errors, inaccuracies in product or pricing information or product availability, fairness among customers where supplies are limited, or problems identified by our credit or fraud departments. We also may require additional verification or information before accepting an order. We will contact you if any portion of your order is cancelled or if additional information is required to accept your order. If your order is cancelled after we have processed your payment but prior to delivery, we will refund your payment.
When you provide payment information, you represent and warrant that the information is accurate, that you are authorized to use the payment method provided, and that you will notify us of changes to the payment information. We reserve the right to utilize third party credit card updating services to obtain current expiration dates on credit cards.
is committed to customer satisfaction. Should any non-conforming and/or damaged products be purchased and received by Users from any of the Properties, whether or not in connection with those subscription programs offered by , some products may be returned based upon our return guidelines, while others cannot for legal and/or logistics reasons. In the case of the latter category of products, will gladly replace any products damaged from shipping or otherwise. All purchases on any Property / subscription program shall exclusively be in U.S. dollars. We may revise the pricing for products and services we offer at any time. Unless shall agree otherwise in writing, all products purchased will be sold FOB third party carrier.
We collect sales tax where required by applicable law.
- Disclaimer of Warranties.
DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS ON THE PROPERTIES. IN ADDITION, EACH AND EVERY USER THAT SEEKS TO PROCURE AND USE PRODUCTS AND/OR SERVICES FROM ANY OF THE PROPERTIES SHALL DO SO AT HIS/HER OWN RISK.
APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
- Limitation of Liability.
IN NO EVENT WILL , ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SPONSORS, SUPPLIERS, ADVERTISERS, PARENTS, AFFILIATES, SUCCESSORS OR ASSIGNS, BE LIABLE TO ANY PARTY (i) FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR ANY OTHER DAMAGES ARISING IN ANY WAY OUT OF THE AVAILABILITY, USE, RELIANCE ON, OR INABILITY TO USE THE PROPERTIES, EVEN IF OR ITS AGENTS SHALL HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE; (ii) FOR ANY LIABILITY OR HARM ARISING FROM YOUR USE OF ANY REFERRAL; OR (iii) FOR ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN OF THE PROPERTIES. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, ’S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
We may automatically check your version of the software and update it to improve its performance and capabilities. If you shut down the software during an automatic update or otherwise interfere with the installation of the update, the software may be damaged and/or cease to operate.
Claims of Copyright Infringement
Notifications of claimed copyright infringement and counter notices must be sent to our designated agent:
Mr. Eric Sinoway
1271 Avenue of the Americas
New York, NY
We will respond expeditiously to claims of copyright infringement committed using the Properties that are reported to the above-referenced Designated Copyright Agent in accordance with the U.S. Digital Millennium Copyright Act of 1998 (“DMCA”) or, as applicable, other laws. With respect to the Properties hosted in the United States, these notices must include the required information set forth in the DMCA, which includes without limitation:
- A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright interest that you claim is infringed;
- Identification of the copyrighted work(s) that you claim has been infringed;
- A description of the material that you claim is infringing and the location of that material on the Site;
- Your address, telephone number and email address;
- A statement by you that you have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Please note that you will be liable for damages (including costs and attorneys’ fees) if you materially misrepresent that any material on our sites is infringing your copyrights. We also reserve the right to publish your letter on the site(s).
- Applicable Laws / Jurisdiction.
You agree that the laws of the State of , excluding its conflicts-of-law rules, shall govern these Terms and Conditions, and you further agree and expressly consent to the exercise of personal jurisdiction solely in the courts of the State of, in connection with any such dispute and including any claim involving or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers and content provide
- Provisions unenforceable or invalid.
If you have any questions about this policy or our site in general, please contact us.