TERMS AND CONDITIONS OF USE
Please read this Agreement carefully before accessing the Website. By accessing the Website, Visitors agree to be bound by the terms and conditions set forth in this Agreement. If Visitors do not wish to be bound by this Agreement, they are not authorized to use this Website.
Sponsor reserves the right to modify this Agreement at any time, and you agree to review the Agreement periodically to be aware of such modifications and your continued use of the Website shall be deemed to be your conclusive acceptance of any modified Agreement.
You acknowledge and agree that you will consult with your medical professional if you have any questions or wish to seek advice regarding a medical, psychiatric or psychological condition, or any other matter related to your health or general well-being. You bear sole responsibility for your own health and decisions.
The Sponsor cannot and does not assess, verify or guarantee the adequacy, accuracy or completeness of any material or the suitability or safety of any content provided on this website. The Sponsor expressly disclaims all responsibility and endorsement and makes no representation as to the validity of any opinion, advice, statement or other information posted on the Website by Visitors.
1.1 Capacity. Visitors must register with the Website (“Registrants”, collectively with Visitors “you” or “your”) in order to make use of certain features offered through the Website, as described herein. By checking the box “Accept” next to the text of the “Terms and Conditions of Use”, each Registrant acknowledges that such Registrant is at least eighteen (18) years of age and has read, agrees with and accepts to be bound by the terms and conditions set forth in this Agreement. Failure to check the “Accept” box will prevent an individual from becoming a Registrant.
1.2 Accurate Information. Registrants agree to provide us with accurate, complete and current information during registration, and to update information provided to us if and when such information should change.
1.3 Registrant Profile; Password. Registrants will receive a user ID and password (“Registrant Profile”). Registrants agree not to allow any third party to use their Registrant Profile to access the Website and to safeguard the information that would allow another person or entity to access the Website by using their Registrant Profile. Registrants agree to be responsible for their failure to safeguard such information and/or to allow any other person or entity to access or use the Website by using their Registrant Profile. No part of a Registrant Profile may be transferred or sold to another party. Registrants agree to notify Sponsor immediately of any unauthorized use of their Registrant Profile or the Website. Registrants and Visitors agree that Sponsor shall not be liable for any loss that results from the unauthorized use of a Registrant’s Registrant Profile, either with or without such Registrant’s knowledge.
1.4 Revocation of Registration. Registrant agrees that Sponsor has the right to cancel their registration for any reason at any time, in our sole discretion. The revocation of a Registrant’s registration shall result in the loss of access to portions of the Website accessible by Registrants, and Registrants agree that Sponsor shall have the right to take appropriate administrative and/or legal action, including criminal prosecution, to protect our interests.
1.5 Charges. While use of the Website is currently free of charge, you acknowledge that we may, in our sole discretion, decide at any time to charge for future access and services.
2. MEDICAL DISCLAIMER.
THIS SITE DOES NOT PROVIDE ANY MEDICAL ADVICE
Information on this Website is provided for educational purposes only and is not intended as a substitute for the advice provided by your healthcare professional. You should not use the information on this Website for diagnosing or treating a health problem or disease, or prescribing any medication or other treatment. You should always speak with your healthcare professional before taking any medication or nutritional, herbal or homeopathic supplement, or adopting any treatment for a health problem.
If you have or suspect that you have a medical problem, promptly contact your health care provider. Never disregard professional medical advice or delay in seeking professional advice because of something you have read on this Website. Information provided on this Website and the use of any products or services purchased by you through a link on our Website DOES NOT create a doctor-patient relationship between you and any of the professionals affiliated with our Website.
3.1 Registrant Content. Sponsor offers Registrants the opportunity to participate in various interactive resources. Sponsor also provides Registrants with the opportunity to publish, display, or otherwise transmit directly or indirectly (“Post”) certain Content to the Website (“Registrant Content”).
3.2 Posting. In connection with any and all Registrant Content Posted by Registrant to the Website, Registrant warrants and represents that such Registrant owns all rights title and interest in and to such Registrant Content. By Posting Registrant Content to the Website, Registrant also warrants and represents that such Registrant Content does and will not infringe or violate any party’s proprietary, publicity, privacy, or other rights and that such Registrant Content is and will not be defamatory or libelous. Registrant agrees not to Post to the Website any Registrant Content that:
(a) is fraudulent;
(b) is designed to interrupt, or destroys or limits the functionality of, any computer software or hardware or telecommunications equipment;
(d) infringes any patent, trademark, trade secret, copyright, or other proprietary rights of any party; including the promoting of an illegal or unauthorized copy of another person’s copyrighted work;
(e) is patently offensive to the Website community, such as Registrant Content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
(f) constitutes or attempts to offer medical advice or counseling;
(g) harasses or harms, or advocates the harassment or harming of another person;
(h) involves the transmission of “junk mail”, “chain letters,” or unsolicited mass mailing or “spamming”;
(i) promotes information that is false or misleading, or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
(j) contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page);
(k) displays pornographic, obscene or sexually explicit material of any kind;
(l) provides material that exploits people in a sexual or violent manner, is exploitative of a minor or solicits personal information from anyone under the age of 18;
(m) provides instructional information about illegal activities;
(n) solicits passwords or PII for commercial or unlawful purposes from other Registrants or PII from Visitors;
(o) causes us to lose (in whole or part) the services of our ISPs or other suppliers;
(p) links to materials or other content, directly or indirectly;
(q) encourages others to violate this Agreement; or
(r) violates any applicable local, state, national, or international law
3.3 Quality of Registrant Content; Review of Registrant Content; DISCLAIMER.
(a) Sponsor has no obligation to and does not, in its ordinary course of business, review Registrant Content Posted on the Website, and therefore we do not guarantee the accuracy, integrity or quality of such Registrant Content and we cannot assure that harmful, inaccurate, deceptive, offensive, threatening, defamatory, unlawful or otherwise objectionable Registrant Content will not appear on the Website. Sponsor has the absolute right to monitor all Registrant Content in our sole discretion. In addition, we reserve the right to alter, edit, refuse to Post or remove any Registrant Content, in whole or in part, for any reason or for no reason, and to disclose such materials and the circumstances surrounding their transmission to any third party in order to satisfy any applicable law, regulation, legal process or governmental request and to protect ourselves, our Registrants, Visitors and service providers. Sponsor has no obligation to use or respond to any of submissions of Registrant Content. In the event that you object to any Content appearing on the Website, you shall notify Sponsor in writing.
(b) THE SPONSOR EXPRESSLY DISCLAIMS ALL RESPONSIBILITY AND ENDORSEMENT AND MAKES NO REPRESENTATION AS TO THE VALIDITY OF ANY CONTENT POSTED ON THE WEBSITE. THE SPONSOR EXPRESSLY DISCLAIMS ALL RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN ANY REGISTRANT CONTENT, FOR LINKS EMBEDDED THEREIN, OR GENERALLY FOR THE ACCURACY, RELIABILITY, OR QUALITY OF ANY CONTENT. YOU ACKNOWLEDGE AND AGREE THAT UNDER NO CIRCUMSTANCES WILL SPONSOR BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON INFORMATION OBTAINED THROUGH REGISTRANT CONTENT. THE OPINIONS EXPRESSED BY REGISTRANT CONTENT ARE SOLELY THE OPINIONS OF THE REGISTRANTS WHO HAVE POSTED SUCH CONTENT, AND DO NOT REFLECT THE OPINIONS OF SPONSOR.
3.4 Public Content. No Registrant Content posted via message boards, chat rooms or other public forums shall be subject to any obligation, whether of confidentiality, attribution, or otherwise, on Sponsor’s part and Sponsor shall not be liable for any use or disclosure of any such Registrant Content.
3.5 Usage Limitations. Registrant Content Posted to the Website may be subject to size and usage limitations. Registrants are responsible for adhering to such limitations.
4. Commercial Transactions.
4.1 At the current time, Sponsor does not offer for sale any products or services.
5. Intellectual Property.
5.1 Copyright. Any Content contained in the Website and any newsletters or other materials created and distributed through the Website by the Sponsor (“Sponsor Materials”), its licensors or suppliers is the property of Sponsor or its licensors or suppliers, as applicable, and is protected under the copyright laws of the United States and other countries. You must abide by all copyright notices or restrictions contained on the Website. You agree not to use, display, reproduce, retransmit, modify, distribute, disseminate, sell, publish, broadcast, circulate, display or in any way exploit any Sponsor Materials (including any copyrighted material, trademarks, or other proprietary information), in whole or in part, whether by e-mail or by any other means, for any purpose other than for your personal, non-commercial use.
5.3 Sponsor Materials. Subject to the use license set forth in Section 6.1 hereof, you will have the opportunity to download and use certain Sponsor Materials. You acknowledge and agree that you shall not infringe or otherwise violate the copyright or other proprietary rights of any Sponsor Materials.
5.4 Integrity of Registrant Content. In connection with any and all Registrant Content Posted by Registrant to the Website, Registrant warrants and represents that (i) such Registrant either owns all rights title and interest in and to such Registrant Content, or, alternatively, (ii) such Registrant has obtained prior written authorization from the owner(s) of all rights title and interest in and to such Registrant Content. By Posting Registrant Content to the Website, Registrant also warrants and represents that such Registrant Content does and will not infringe or violate any party’s proprietary, publicity, privacy, or other rights and that such Registrant Content is and will not be defamatory or libelous.
5.5 Trademarks. Unless otherwise indicated, all names, graphics, designs, logos, page headers, button icons, scripts, commercial markings, trade dress, and service names included in the Website are trademarks of Sponsor or its licensors or suppliers (collectively, the “Trademarks”) and are protected by the trademark laws of the United States and other jurisdictions. You may not use, copy, reproduce, republish, distribute, modify or Post any Trademarks in any way, including in advertising or publicity pertaining to or distribution of materials on the Website, without our prior written consent. The Trademarks may not be used in any manner that is likely to cause confusion, or in any manner that disparages or discredits Sponsor.
5.6 Copyright Agent. The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe that your Registrant Content has been copied and Posted on the Website in a way that constitutes copyright infringement, please provide our copyright agent with the following information: an electronic or physical signature of the copyright owner or of the person authorized to act on behalf of the owner of the copyright interest; a description of the copyrighted work that you claim has been infringed; a description of where the material that you claim is infringing is located on the Website; your address, telephone number, and e-mail address; a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; 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. Any notification by a copyright owner or a person authorized to act on its behalf that fails to comply with requirements of the DMCA shall not be considered sufficient notice and shall not be deemed to confer upon Sponsor actual knowledge of facts or circumstances from which infringing material or acts are evident. Sponsor’s copyright agent for notice of claims of copyright infringement can be reached as follows:
Name: Law Office of Sonya del Peral Address: 22 Park Row, Chatham, New York 12037 Telephone: 518-392-4267 Fax: 518-392-4389
We suggest that you consult your legal advisor before filing a notice with Sponsor’s copyright agent. You should note that there can be penalties for false claims under the DMCA. Be advised that pursuant to this Agreement you are granting license rights including, without limitation, license rights in and to the copyright for your Registrant Content.
6.1 Use. You may not copy, reproduce, distribute, publish, display, perform, modify, create derivative works of, transmit, sell, or in any way exploit any portion of the Website, except that you may download Content from the Website as machine readable copies and/or print copies of any web page, provided that such copies will be used for your own personal (non-commercial) use and not for the purposes of competing in any manner with the Website or Sponsor.
6.2 Grant of License to Registrant Content. By Posting Registrant Content to the Website or by otherwise submitting Registrant Content to us, Registrants automatically grant, and represent and warrant that they have the right to grant to Sponsor, a non-exclusive, perpetual, irrevocable, sub-licensable (through multiple tiers), assignable, fully paid, royalty free, worldwide license to use, copy, modify, adapt, publish, make, sell, create derivative works of or incorporate into other works such Registrant Content, derive revenue or other remuneration from, communicate to the public, distribute (through multiple tiers), perform or display such Registrant Content (in whole or in part) and/or to incorporate such Registrant Content in other works in any form, media, or technology now known or later developed, and to grant and authorize sublicenses of the foregoing through multiple tiers of sub-licensees, including the right to exercise the copyright, publicity, and any other rights over any of the materials contained in such Registrant Content for any purpose, including for purposes of advertising and publicity on the Website and elsewhere. Sponsor shall not be limited in any way in its use, commercial or otherwise, of any Registrant Content appearing on the Website. Registrants hereby waive any moral rights in, or approval rights to, such Registrant Content. Further, we have the explicit right to incorporate any Registrant Content Posted or conveyed by any Registrant to this Website into any further work, in any medium now known or hereinafter invented, without prior consent or review, and without payment of any royalty or fee whatsoever.
6.3 Grant of License to Sponsor Materials. Notwithstanding Section 6.1 hereof and as part of your use of the Website, Sponsor grants to you a revocable, non-exclusive, non-transferable and limited license, without the right to sublicense, for the sole purpose of downloading and viewing the Sponsor Materials on your personal computer. The grant of this limited license is in no way intended, and shall not be interpreted, to grant to you any rights or license permitting you (i) to translate, alter, copy, revise, modify, change, or create derivate works based on the Sponsor Materials in whole or in part; (ii) to publish, display, distribute, sell, rent or otherwise make the Sponsor Materials, in whole or in part, available to any third party; or (iii) to print or otherwise reproduce the Sponsor Materials, in whole or in part. Subject to the limited license granted in this Section 6.3, Sponsor retains any and all rights that now or hereafter exist with respect to the Sponsor Materials.
Sponsor and/or third parties may provide links to other websites of possible interest to you. Because we have no control over such websites, you acknowledge and agree that we are not responsible for the availability of such websites, we do not sponsor or endorse such websites, and we are not responsible or liable for any content, advertising, services, products, or other materials on or available from such websites. You also acknowledge and agree that Sponsor shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any content, advertising, services, products, or other materials on or available from such websites. All such websites shall be subject to the policies and procedures of the owner of such websites.
8. DISCLAIMER OF WARRANTIES.
8.1 REGISTRANTS AND VISITORS ACKNOWLEDGE AND AGREE THAT THEIR USE OF THE WEBSITE IS AT THEIR SOLE RISK. SPONSOR EXPRESSLY DISCLAIMS AND HAS NO RESPONSIBILITY FOR HOW YOU USE THE INFORMATION PROVIDED THROUGH THE WEBSITE, AND MAKES NO PROMISES, GUARANTEES, PREDICTIONS OF SUCCESS OR ANY CLAIMS TO SPECIAL EXPERIENCE, INSIGHT, OR EXPERTISE IN PROVIDING THE WEBSITE. NO INFORMATION OBTAINED FROM SPONSOR, WHETHER PROVIDED ORALLY OR IN WRITING, SHALL CREATE ANY EXPRESS OR IMPLIED WARRANTY. SPONSOR SHALL HAVE NO LIABILITY, OBLIGATION OR RESPONSIBILITY TO ANY PERSON OR ENTITY FOR ANY LOSS, DAMAGE, OR ADVERSE CONSEQUENCE ALLEGED TO HAVE HAPPENED DIRECTLY OR INDIRECTLY AS A CONSEQUENCE OF USING THE WEBSITE. SPECIFICALLY, SPONSOR DISCLAIMS ANY IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR ANY PARTICULAR PURPOSE REGARDING THE WEBSITE.
8.2 SPONSOR MAKES NO GUARANTY OF THE ACCURACY, CORRECTNESS OR COMPLETENESS OF ANY CONTENT (INCLUDING REGISTRANT CONTENT) APPEARING ON THE WEBSITE AND IS NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS ARISING FROM THE USE OF ANY CONTENT (INCLUDING REGISTRANT CONTENT) THEREOF; ANY FAILURES, DELAYS OR INTERRUPTIONS IN THE DELIVERY OF ANY CONTENT (INCLUDING REGISTRANT CONTENT) CONTAINED THEREIN; LOSSES OR DAMAGES ARISING FROM THE USE OF THE CONTENT (INCLUDING REGISTRANT CONTENT) APPEARING ON THE WEBSITE; ANY CONDUCT BY REGISTRANTS OR VISITORS; OR ANY PRODUCTS OR SERVICES PROVIDED THROUGH OR IN CONJUNCTION WITH THE WEBSITE. ANY SUCH PRODUCTS OR SERVICES PROVIDED AS PART OF THE WEBSITE ARE ACQUIRED BY YOU “AS IS” AND “WHERE IS”. SPONSOR NEITHER ENDORSES NOR IS RESPONSIBLE FOR THE ACCURACY AND/OR THE RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT MADE ON THE WEBSITE BY ANYONE OTHER THAN AN AUTHORIZED SPONSOR REPRESENTATIVE WHILE ACTING IN SUCH REPRESENTATIVE’S OFFICIAL CAPACITY.
8.3 SPONSOR MAKES NO GUARANTY OF CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO THE WEBSITE. OPERATION OF THE WEBSITE MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE OF THE CONTROL OF THE SPONSOR.
9. LIMITATION OF LIABILITY.
9.1 IN NO EVENT SHALL SPONSOR BE LIABLE FOR ANY DATA OR OTHER INTANGIBLE LOSSES OR ANY SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE WEBSITE.
10. Indemnity. You shall indemnify and hold harmless Sponsor from and against any and all claims, damages, liabilities, injuries, losses or expenses, including attorneys’ fees and expenses of counsel and the collection thereof, that may be incurred by or asserted or awarded against Sponsor, arising out of or in connection with or by reason of, or in connection with the preparation for a defense of, any investigation, litigation or proceeding arising out of, related to or in connection with, any use or misuse of Registrant Content Posted to or transmitted through our Website, your use of our Website, your connection to our Website, your breach of this Agreement, or your violation of any law or the rights of a third party.
11. Third Parties. Your participation, correspondence or business dealings with any third party found on or through the Website and any terms, conditions, representations or warranties associated with such dealings, are solely between you and such third party. You agree that Sponsor shall not be responsible or liable for any loss, damage, or other matters of any sort incurred as the result of such dealings.
13. No Agency. No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created between you and Sponsor by this Agreement.
14. Governing Law. You acknowledge and agree that this Agreement shall be governed by and construed in accordance with the laws of the State of New York, excluding conflict of laws provisions thereof that would indicate the application of the laws of any other jurisdiction and you hereby submit to exclusive jurisdiction in the federal and state courts of New York. You agree to receive service of process through certified mail or by other means sanctioned by law, and you expressly waive any claim of improper venue and any claim that such courts are an inconvenient forum. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of our Website or this Agreement must be filed within one year after such claim or cause of action arose or be forever barred.
15. General. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. You agree that this Agreement may be automatically assigned by Sponsor, in its sole discretion, to a third party. Section headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such Section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. This Agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof. The provisions of this Agreement will survive termination or expiration to the extent necessary to carry out the intentions of the parties.
16. Contact Us. If you have any questions or concerns regarding the Website, please contact us by e-mail at email@example.com or write to us at Dr. Patricia O’Gorman, Ph.D. P.O. Box 359, East Chatham, NY 12060.