PLEASE READ THESE
TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE.
By
using this site, you signify your assent to these Terms and Conditions.
If you do not agree to all of these Terms and Conditions of use, do
not use this site!
StopGettingSick.com,
Inc. ("StopGettingSick.com") may revise and update these Terms and
Conditions at any time. Your continued usage of the StopGettingSick.com
website ("StopGettingSick.com Site," or the "Site,") will mean you
accept those changes.
INDEX
THE
SITE DOES NOT PROVIDE MEDICAL ADVICE.
The contents
of the StopGettingSick.com Site, such as text, graphics, images,
information obtained from StopGettingSick.com's licensors, and other
material ("Content") contained on the StopGettingSick.com Site are
for informational purposes only. The Content is not intended to
be a substitute for professional medical advice, diagnosis, or treatment.
Always seek the advice of your physician or other qualified health
provider with any questions you may have regarding a medical condition.
Never disregard professional medical advice or delay in seeking
it because of something you have read on the StopGettingSick.com
Site!
If you think
you may have a medical emergency, call your doctor or 911 immediately.
StopGettingSick.com does not recommend or endorse any specific tests,
products, procedures, opinions, or other information that may be
mentioned on the Site. Reliance on any information provided by StopGettingSick.com,
StopGettingSick.com employees, others appearing on the Site at the
invitation of StopGettingSick.com, or other visitors to the Site
is solely at your own risk.
The Site may
contain health- or medical-related materials which you find sexually
explicit or otherwise offensive. StopGettingSick.com, its licensors,
and its suppliers have no control over and accept no responsibility
for such materials. You are solely responsible for compliance with
the laws applicable to your country of residence.
CHILDREN'S
PRIVACY.
We are committed
to protecting the privacy of children. You should be aware that
this Site is not intended or designed to attract children under
the age of 13. We do not collect personally identifiable information
from any person we actually know is a child under the age of 13.
USE
OF CONTENT.
StopGettingSick.com
authorizes you to view or download a single copy of the material
on the StopGettingSick.com Site solely for your personal, noncommercial
use if you include the following copyright notice: "Copyright (c)
2000, StopGettingSick.com, Inc. All rights reserved" and other copyright
and proprietary rights notices which were contained in the Content.
Any special rules for the use of certain software and other items
provided on the StopGettingSick.com Site may be included elsewhere
within the Site and are incorporated into these Terms and Conditions
by reference.
The
Content is protected by copyright under both United States and foreign
laws. Title to the Content remains with StopGettingSick.com or its
licensors. Any use of the Content not expressly permitted by these
Terms and Conditions is a breach of these Terms and Conditions and
may violate copyright, trademark, and other laws. Content and features
are subject to change or termination without notice in the editorial
discretion of StopGettingSick.com. All rights not expressly granted
herein are reserved to StopGettingSick.com and its licensors.
If you violate
any of these Terms and Conditions, your permission to use the Content
automatically terminates and you must immediately destroy any copies
you have made of any portion of the Content.
LIABILITY
OF StopGettingSick.com AND ITS LICENSORS.
The use of the
StopGettingSick.com Site and the Content is at your own risk.
When using the
StopGettingSick.com Site, information will be transmitted over a
medium which is beyond the control and jurisdiction of StopGettingSick.com
and its suppliers. Accordingly, StopGettingSick.com assumes no liability
for or relating to the delay, failure, interruption, or corruption
of any data or other information transmitted in connection with
use of the StopGettingSick.com Site.
The StopGettingSick.com
Site and the content are provided on an "as is" basis. StopGettingSick.com,
ITS LICENSORS, AND ITS SUPPLIERS, TO THE FULLEST EXTENT PERMITTED
BY LAW, DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY
OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES
OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES' RIGHTS, AND
FITNESS FOR PARTICULAR PURPOSE. Specifically, StopGettingSick.com,
its licensors, and its suppliers make no representations or warranties
about the following:
- The accuracy,
reliability, completeness, currentness, or timeliness of the Content,
software, text, graphics, links, or communications provided on
or through the use of the StopGettingSick.com Site or StopGettingSick.com.
- The satisfaction
of government regulations requiring disclosure of information
on prescription drug products with regard to the Content contained
on the StopGettingSick.com Site.
In no event
shall StopGettingSick.com, its licensors, its suppliers, or any
third parties mentioned on the StopGettingSick.com Site be liable
for any damages (including, without limitation, incidental and consequential
damages, personal injury/wrongful death, lost profits, or damages
resulting from lost data or business interruption) resulting from
the use or inability to use the StopGettingSick.com Site or the
Content, whether based on warranty, contract, tort, or any other
legal theory, and whether or not StopGettingSick.com is advised
of the possibility of such damages. StopGettingSick.com shall
be liable only to the extent of actual damages incurred by you,
not to exceed U.S.$1000. StopGettingSick.com is not liable for any
personal injury, including death, caused by your use or misuse of
the Site, Content, or Public Area (as defined below). Any claims
arising in connection with your use of the Site, any Content, or
the Public Areas must be brought within one (1) year of the date
of the event giving rise to such action occurred. Remedies under
these Terms and Conditions are exclusive and are limited to those
expressly provided for in these Terms and Conditions.
USER
SUBMISSIONS.
You agree that
you will not upload or transmit any communications or content of
any type that infringe or violate any rights of any party. By submitting
communications or content to any part of this Site, you agree that
such submission is non-confidential for all purposes. If you make
any such submission, you automatically grant--or warrant that the
owner of such content has expressly granted--StopGettingSick.com
a royalty-free, perpetual, irrevocable, world-wide nonexclusive
license to use, reproduce, create derivative works from, modify,
publish, edit, translate, distribute, perform, and display the communication
or content in any media or medium, or any form, format, or forum
now known or hereafter developed. StopGettingSick.com may sublicense
its rights through multiple tiers of sublicenses.
StopGettingSick.com
Live and Member to Member Areas ("Public Areas").
If you use a
Public Area, you are solely responsible for your own communications,
the consequences of posting those communications, and your reliance
on any communications found in the Public Areas. StopGettingSick.com
is not responsible for the consequences of any communications in
the Public Areas. In cases where you feel threatened or believe
someone else is in danger, you should contact your local law enforcement
agency immediately. If you think you may have a medical emergency,
call your doctor or 911 immediately.
In consideration
of being allowed to use the Public Areas, you agree that the following
actions shall constitute a material breach of these Terms and Conditions:
- Using a Public
Area for any purpose in violation of local, state, national, or
international laws;
- Posting material
that infringes on the intellectual property rights of others or
on the privacy or publicity rights of others;
- Posting material
that is unlawful, obscene, defamatory, threatening, harassing,
abusive, slanderous, hateful, or embarrassing to any other person
or entity as determined by StopGettingSick.com in its sole discretion;
- Posting advertisements
or solicitations of business;
- After receiving
a warning, continuing to disrupt the normal flow of dialogue,
or posting comments that are not related to the topic being discussed
(unless it is clear the discussion is free-form);
- Posting chain
letters or pyramid schemes;
- Impersonating
another person;
- Distributing
viruses or other harmful computer code;
- Harvesting
or otherwise collecting information about others, including email
addresses, without their consent;
- Allowing
any other person or entity to use your identification for posting
or viewing comments;
- Posting the
same note more than once or "spamming"; or
- Engaging
in any other conduct that restricts or inhibits any other person
from using or enjoying the Public Area or the Site, or which,
in the judgment of StopGettingSick.com, exposes StopGettingSick.com
or any of its customers or suppliers to any liability or detriment
of any type.
StopGettingSick.com
reserves the right (but is not obligated) to do any or all of the
following:
- Record the
dialogue in public chat rooms.
- Investigate
an allegation that a communication(s) do(es) not conform to the
terms of this section and determine in its sole discretion to
remove or request the removal of the communication(s).
- Remove communications
which are abusive, illegal, or disruptive, or that otherwise fail
to conform with these Terms and Conditions.
- Terminate
a user's access to any or all Public Areas and/or the StopGettingSick.com
Site upon any breach of these Terms and Conditions.
- Monitor,
edit, or disclose any communication in the Public Areas.
- Edit or delete
any communication(s) posted on the StopGettingSick.com Site, regardless
of whether such communication(s) violate these standards.
StopGettingSick.com
reserves the right to take any action it deems necessary to protect
the personal safety of our guests or the public. StopGettingSick.com
has no liability or responsibility to users of the StopGettingSick.com
Site or any other person or entity for performance or nonperformance
of the aforementioned activities.
OUR
ADVERTISEMENTS AND LINKS TO OTHER SITES.
StopGettingSick.com
does not endorse the content on any third-party websites. StopGettingSick.com
is not responsible for the content of linked third-party sites,
sites framed within the StopGettingSick.com Site, or third-party
advertisements, and does not make any representations regarding
their content or accuracy. Your use of third-party websites is at
your own risk and subject to the terms and conditions of use for
such sites. StopGettingSick.com does not endorse any product advertised
on the StopGettingSick.com Site.
INDEMNITY.
You agree to
defend, indemnify, and hold StopGettingSick.com, its officers, directors,
employees, agents, licensors, and suppliers, harmless from and against
any claims, actions or demands, liabilities and settlements including
without limitation, reasonable legal and accounting fees, resulting
from, or alleged to result from, your violation of these Terms and
Conditions.
GENERAL.
StopGettingSick.com
makes no claims that the Content is appropriate or may be downloaded
outside of the United States. Access to the Content may not be legal
by certain persons or in certain countries. If you access the StopGettingSick.com
Site from outside the United States, you do so at your own risk
and are responsible for compliance with the laws of your jurisdiction.
The following provisions survive the expiration or termination of
these Terms and Conditions for any reason whatsoever: Liability,
User Submissions, Indemnity, Jurisdiction, and Complete Agreement.
JURISDICTION.
You expressly
agree that exclusive jurisdiction for any dispute with StopGettingSick.com,
or in any way relating to your use of the StopGettingSick.com Site,
resides in the courts of the State of California and you further
agree and expressly consent to the exercise of personal jurisdiction
in the courts of the State of California in connection with any
such dispute including any claim involving StopGettingSick.com or
its affiliates, subsidiaries, employees, contractors, officers,
directors, telecommunication providers, and content providers.
These Terms
and Conditions are governed by the internal substantive laws of
the State of California, without respect to its conflict of laws
principles. If any provision of these Terms and Conditions is found
to be invalid by any court having competent jurisdiction, the invalidity
of such provision shall not affect the validity of the remaining
provisions of these Terms and Conditions, which shall remain in
full force and effect. No waiver of any of these Terms and Conditions
shall be deemed a further or continuing waiver of such term or condition
or any other term or condition.
AGREEMENT.
Except as expressly
provided in a particular "legal notice" on the StopGettingSick.com
Site, these Terms and Conditions constitute the entire agreement
between you and StopGettingSick.com with respect to the use of the
StopGettingSick.com Site, and Content. Your use of the StopGettingSick.com
Site is also subject to the StopGettingSick.com Privacy Policy.
Thank
you for your cooperation. We hope you find the StopGettingSick.com
Site helpful and convenient to use! Questions or comments regarding
this website should be directed by electronic mail to info@StopGettingSick.com
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