1) Terms of Use Agreement
This Terms of Use Agreement (this “Agreement”) is entered into by and between the website creator (the “Author”) and “you,” the user of this web blog (the “Site”). Access to, use of and/or browsing of the Site is provided subject to the terms and conditions set forth herein. By accessing, using and/or browsing the Site, you hereby agree to these terms and conditions.
This agreement contains warranty disclaimers and other provisions that limit the author’s liability to you. Please read these terms and conditions carefully and in their entirety, as using, accessing and/or browsing the site constitutes acceptance of these terms and conditions. If you do not agree to be bound to each and every term and condition set forth herein, please exit the site immediately and do not use, access and/or browse the site.
By entering the site, you acknowledge and agree that you have read and understand these terms and conditions, that the provisions, disclosures and disclaimers set forth herein are fair and reasonable, and that your agreement to follow and be bound by these terms and conditions is voluntary and is not the result of fraud, duress or undue influence exercised upon you by any person or entity.
Medical advice disclaimer
The Author provides the Site and the services, information, content and/or data (collectively, “Information”) contained therein for informational purposes only. The Author does not provide any medical advice on the Site, and the Information should not be so construed or used. Using, accessing and/or browsing the Site and/or providing personal or medical information to the Author does not create a physician-patient relationship between you and the Author. Nothing contained in the Site is intended to create a physician-patient relationship, to replace the services of a licensed, trained physician or health professional or to be a substitute for medical advice of a physician or trained health professional licensed in your state. You should not rely on anything contained in the Site, and you should consult a physician licensed in your state in all matters relating to your health. You hereby agree that you shall not make any health or medical related decision based in whole or in part on anything contained in the Site.
Financial, legal and other advice disclaimer
You hereby acknowledge that nothing contained in the Site shall constitute financial, investment, legal and/or other professional advice and that no professional relationship of any kind is created between you and the Author. You hereby agree that you shall not make any financial, investment, legal and/or other decision based in whole or in part on anything contained in the Site.
Information disclaimer
The opinions expressed in the Site are not necessarily endorsed by, or the opinions of, the Author.
Any opinions of the Author on the Site are or have been rendered based on specific facts, under certain conditions, and subject to certain assumptions, and may not and should not be used or relied upon for any other purpose, including, but not limited to, for use in or in connection with any legal proceeding.
The Information may be changed without notice and is not guaranteed to be complete, correct, timely, current or up-to-date. Similar to any printed materials, the Information may become out-of-date. The Author undertakes no obligation to update any Information on the Site; provided, however, that the Author may update the Information at any time without notice in the Author’s sole and absolute discretion. The Author reserves the right to make alterations or deletions to the Information at any time without notice.
Third party links and advertisements disclaimer
The Site may, from time to time, contain links to third party web sites. These links are provided solely as a convenience to you and not as a guarantee, warranty, or recommendation by the Author of the services, information, content and/or data on such third party web sites or as an indication of any affiliation, sponsorship or endorsement of such third party web sites. The Author is not responsible for the content of linked third party web sites and does not make any representations or warranties regarding the privacy practices of, or the content or accuracy of materials on, such third party websites. If you decide to access linked third-party web sites, you do so at your own risk. Your use of third-party websites is subject to the terms of use for such sites.
The inclusion of third party advertisements does not constitute an endorsement, guarantee, warranty, or recommendation of, and the author makes no representations and/or warranties about, any product or service contained therein.
Disclosures
The Site may occasionally contain sponsored content or affiliate links. Any such relationship will be disclosed where it appears.
Disclaimer of all warranties
The Information made available at the Site is provided on an “AS IS” and “AS AVAILABLE” basis without warranties of any kind, either express or implied, including, without limitation, warranties of title, non-infringement, and implied warranties of merchantability or fitness for a particular purpose. Without limiting the generality of the foregoing, the Author makes no warranty, representation or guaranty as to the content, sequence, accuracy, timeliness or completeness of the Information, that the Information may be relied upon for any reason or that the Information will be uninterrupted or error free or that any defects can or will be corrected.
Without limiting the generality of the foregoing, the Author makes no representations or warranties with respect to any Information offered or provided within or through the Site regarding treatment of medical conditions, action, or application of medication.
Under no circumstances, as a result of your use of the Site, will the Author be liable to you or to any other person for any direct, indirect, special, incidental, exemplary, consequential or other damages under any legal theory, including, without limitation, tort, contract, strict liability or otherwise, even if advised of the possibility of such damages. Without limiting the generality of the foregoing, the Author shall have absolutely no liability in connection with the Site for:
1. damages as a result of lost profits, loss of good will, work stoppage, failure of performance, delays in operation or transmission, nondelivery of information, deletions of files, mistakes, defects, errors, interruptions or computer failure or malfunction;
2. any loss or injury caused, in whole or in part, by the Author’s actions, omissions, or negligence, or for contingencies beyond the Author’s control, in procuring, compiling, or delivering the Information;
3. any errors, omissions, or inaccuracies in the Information regardless of how caused, or delays or interruptions in delivery of the Information; or
4. any decision made or action taken or not taken in reliance upon the Information.
Reservation of intellectual property rights
The Site is protected by United States copyright laws. The Author hereby reserves any and all intellectual property rights in the Site.
Age restriction
The Site is intended for persons eighteen (18) years or older. Persons under the age of eighteen (18) should not access, use and/or browse the Site.
Indemnification
You agree to indemnify and hold the Author harmless from any claim or demand, including attorneys’ fees, made by any third party as a result of (1) any content posted or made available by you on this Site, (2) any violation of law that occurs by you through the Site, and/or (3) anything you do using the Site and/or the Information contained therein.
Invalidity
If any provision of this Agreement is held to be invalid or unenforceable in whole or in part in any jurisdiction, then that provision shall be deemed ineffective in such jurisdiction but shall have no effect on the enforceability of the remaining provisions.
Governing law, consent to jurisdiction and limitation on claims
This Agreement and your use of the Site, along with the Information contained therein, shall be governed by and construed in accordance with the laws of the State of Florida without regard to conflict of laws principles, and you agree to submit to the jurisdiction of courts in the State of Florida. You further agree that any claims or causes of action arising out of or related to this Agreement and the Site, along with the Information contained therein, shall be filed within one (1) year after such claim or cause of action arose, or such claim or cause of action shall be forever barred.
Entire agreement
You hereby acknowledge that this Agreement represents the entire understanding between you and the Author concerning your use of the Site and the Information contained therein.
Modification
The Author may, in the Author’s sole and absolute discretion, modify the terms and conditions of this Agreement in whole or in party at any time for any reason without any notice to you, whether prior or otherwise. Such modified terms and conditions shall supersede these terms and conditions and shall become binding when published online on the Site.
Waiver
The Author’s failure to exercise or enforce any right or provision of this Agreement shall not be deemed to be a waiver of such right or provision.
The site and the information contained therein is made available by the author for educational purposes only and is not intended to provide medical advice. By accessing the site, you understand and acknowledge that there is no physician-patient relationship between you and the author. You further acknowledge your understanding that the site should not be used as a substitute for competent medical advice from a licensed physician in your state.
Data privacy
1. General obligations and limitations. In respect of your use of the Site in relation to any personally identifiable and other data and information you provide through the Site, you expressly consent to the use and disclosure of that data and information as described in our Privacy Policy. You are responsible for complying with all applicable data protection and privacy laws in respect of your use of the Site and with regard to any personal data that you provide to the author through the site. In particular, you must ensure you have properly informed and obtained all necessary rights, authorizations or consents from any data subjects to whom the data relates, to enable the author to lawfully access their personal data under this Agreement and to process their personal data outside of their country of residence. You acknowledge that email is an insecure medium that is generally not encrypted in transit, and security of information transmitted through the Internet can never be guaranteed. The author is not responsible for any interception or interruption of any communications through the Internet or for changes to or loss of your content. The author may process and store your content in the United States or any other country in which the author of the site or its agents maintain facilities and, by using the Site, you consent to this processing and storage of your content.
2. EU data privacy. For the purposes of this Agreement, the terms “personal data”, “processing” and “data subject” have the same meanings as those given to them in EU General Data Protection Regulation 2016/679 (“GDPR“).
2) Privacy Policy
Our Privacy Policy describes what information this website collects and how it is used. It is published separately at /privacy-policy/ and forms part of these terms.
3) DMCA Policy
The author of this website claims no ownership rights in any content or image submitted to it by its contributors, posters, and commenters. The author of this website is committed to complying with U.S. copyright law and expects all who access our site and Service to do the same.
In compliance with the United States Digital Millennium Copyright Act, Pub. L. 105-304 (“DMCA”) http://www.copyright.gov/legislation/dmca.pdf, the author has appointed an agent for notification of claimed infringement with the U.S. Copyright Office (see below).
Upon receipt of a valid legal notice alleging that copyright infringement is occurring, the author will remove the offending material and provide the contributor or poster with a copy of the notice of copyright infringement. The material shall remain removed from the website’s service until the contributor or poster has provided the designated agent of the author a complying Counter Notification. Upon receipt of the valid Counter Notification, the law requires the author to submit a copy of the Counter Notification to the complaining party with notice that the author will replace or re-enable access to the allegedly infringing material in ten business days. Then, ten to fourteen business days after receiving the Counter Notification, the author will replace or re-enable access to the allegedly infringing material, unless the complaining party has notified the author’s designated agent that a court action relating to the materials in question has been filed in order to stop the alleged copyright infringement.
Notification of Claimed Copyright Infringement
If you believe that a web page hosted by the author of this website is violating your rights under U.S. copyright law, you may file a complaint thereof with the author’s designated agent in the manner described below.
By Email:
See the contact page of the website.
By Mail:
Please request mailing address via email.
For your complaint to be valid under the DMCA, you must provide the following information when providing notice of the claimed copyright infringement:
A physical or electronic signature of a person authorized to act on behalf of the copyright owner;
identification of the copyrighted work claimed to have been infringed;
identification of the material that is claimed to be infringing or to be the subject of the infringing activity and that is to be removed or access to which is to be disabled as well as information reasonably sufficient to permit us to locate the material;
information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number and, if available, an electronic mail address;
a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law; (e.g., “I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law);
a statement that the information in the notification is accurate, and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed (e.g., “I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.”)
See 17 U.S.C. § 512(c)(3) for more details.
You also should be aware that, under the DMCA, claimants who make misrepresentations concerning copyright infringement may be liable for damages incurred as a result of the removal or blocking of the wrongfully accused material, court costs, and attorneys’ fees.
Counter-Notification to Claimed Copyright Infringement
If a notice of copyright infringement has been filed against you, you may file a counter-notification with the author’s designated agent at the address listed above. Such counter-notification must contain the following information:
A physical or electronic signature; identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled; a statement under penalty of perjury that the Member has a good faith belief that the material was removed or disabled as a result of mistake or misidentification; and your name, address, and telephone number, and a statement that you consent to the jurisdiction of the federal district court for the federal district in which you are located, and that you will accept service of process from the complainant.
If the author receives a valid counter-notification, the DMCA provides that the removed material will be restored or access re-enabled. Under the website’s Terms of Service agreement, however the author may have the option to remove the material in any event under its “Acceptable Use” terms.
Again, you should be aware that U.S. copyright law provides substantial penalties for a false counter-notice filed in response to a notice of copyright infringement.
NOTE: If you believe that your copyrights have been infringed, or if a notice of copyright infringement has been filed against you, you should seek advice of legal counsel. We are providing the preceding to you for informational purposes only.