Disclaimer

Disclaimer and Terms of Use Agreement

 

Terms of Use Agreement

This Terms of Use Agreement (this ‘Agreement’) is entered into by and between the author and ‘you’, the user of this web blog, also known as ‘The EMCrit Blog & Podcast’ (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 the opinions of the Author and do not reflect the opinion of his employer(s). The Site is created by the Author in the Author?s individual capacity, is the Author?s personal web site, is not edited by the Author’s employer(s) and, as a result, may not be attributed to the Author’s employer.

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.

POSTING GUIDELINES
The Site is open to the public. Therefore, consider your comments carefully and do not include anything in a comment that you would like to keep private. By uploading or otherwise making available any information to the Author in the form of user generated comments or otherwise, you grant the Author the unlimited, perpetual right to distribute, display, publish, reproduce, reuse and copy the information contained therein.

You are responsible for the content you post. You may not impersonate any other person through the Site. You may not post content that is obscene, defamatory, threatening, fraudulent, invasive of another person?s privacy rights, or is otherwise unlawful. You may not post content that infringes the intellectual property rights of any other person or entity. You may not post any content that contains any computer viruses or any other code designed to disrupt, damage, or limit the functioning of any computer software or hardware.

MODERATION GUIDELINES

Authority

Our blog is moderated occasionally and posteriorly. Moderators are volunteers. Internet users posting comments on this blog should not be considered as health professionals.

Complementarity

Comments posted on this Blog should be designed to support, not replace, the relationship that exists between a patient/site visitor and his/her existing physician.

Confidentiality

We remind you that everyone can read and use your comments. You do not have the possibility to erase your own comments.

Comments

Internets users commenting on the SITE must behave with respect and honesty at all times.

Internet users may not post any commercial/advertising comment without permission.

Internet users commenting on my blog must post information which are true and correct to their knowledge.

We invite you to provide resources (references, links, …) on health/medical claims when possible and relevant.

By submitting or posting content on the Site, you grant the Author and any company substantially under the control of the Author, the right to remove any content or comment that, in Author?s sole judgment, does not comply with the terms and conditions of this Agreement or is otherwise objectionable. You also grant the Author and any company substantially under the control of Author the right to modify, adapt, and edit any content.

THIRD PARTY LINKS AND ADVERTISEMENTS DISCLAIMER
The Site may in the future, 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.

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, noninfringement, 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, non-delivery 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 New York without regard to conflict of laws principles, and you agree to submit to the jurisdiction of courts in the State of New York. 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.

PRODUCT REVIEWS, FEATURES, AND MENTIONS:

I regularly feature and review products and services I like or find interesting on this site or on other places where I contribute. Many of the items I feature I discover on my own, others are sent to me by developers or companies specifically for review consideration. Before contacting me about reviewing your product or service, you should be aware of how I operate:

  1. I can’t talk about your something if I don’t know it exists, so don’t be afraid to contact me, but don’t add me to any mailing lists without my permission. You will be blocked.
  2. I don’t guarantee anything. You can send me a product, promotion code, demo unit, whatever. But that doesn’t  guarantee I’ll review or mention your product, much less in a specific timeframe. Don’t be a pest.  If I do mention or review your product, I don’t guarantee it will be positive review. I don’t offer previews of my reviews and unless I’ve made a factual error, I don’t change reviews.
  3. If you’re sending me a physical product, let’s be very clear on the terms in advance; including if you want it returned, timeframes and shipping arrangements. Otherwise, when I’m done with review units I will generally give them away or donate them. Once they’re gone, they’re gone.

Pursuant to 16 CFR Part 255, the Federal Trade Commission’s Guides Concerning the Use of Endorsements and Testimonials in Advertising, please note:(1) Companies, manufacturers, and distributors send me free versions of their products to review. I sometimes keep and continue to use these products that I did not pay for after posting my review, which might be considered a form of compensation for my review, but I do not believe that I let that influence my review.

(2) When I post links to product pages on Amazon or on the iTunes App Store, sometimes these links include a referral code so that when products are purchased after clicking on the link, I sometimes receive a very small percentage of the sale. While the amount that I receive is small, it does help to defray some of the cost of running this site, and gives me a small vested interest in having you purchase products using these links.  I do not believe that I let that influence my review of products.

Created: 07/07/2009 Last Modified: 03/30/2014. Adapted from Allergycases.org and KatieFloyd.me