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 Disclaimer
- TERMS AND CONDITIONS
This
Company Internet Web Site Agreement (the "Agreement")
is between you and HIV AND HEPATITIS TREATMENT
ADVOCATES, INC. ("Company"),
a California corporation. Use of the “HIVandHepaitis.com”
web site (“HIV and Hepatitis.com")
signifies your agreement to the terms and conditions
of use set forth below in the Agreement:
You
acknowledge that you have read the terms and conditions
of use stated below and that you accept the terms
thereof. YOU AGREE TO READ THESE TERMS AND CONDITIONS
OF USE CAREFULLY BEFORE USING HIV AND HEPATITIS.COM.
If you do not agree to these terms and conditions
of use, you may not access or otherwise use HIV
and Hepatitis.com.
Company
may monitor your use of HIV and Hepatitis.com,
and may freely use and disclose any information
and materials received from you or collected through
your use of HIV and Hepatitis.com for any
lawful reason or purpose.
HIV
and Hepatitis.com is an informational resource
that is intended for educational purposes only.
The information provided on HIV and Hepatitis.com
is NOT intended to, and cannot, serve as
a substitute for the individual, personal, face-to-face
professional medical advice of a licensed provider
with training and expertise in the subject matter
to which the information pertains and with knowledge
of a patient’s specific medical history. HIV
and Hepatitis.com recommends that ALL medical
treatments or products be discussed thoroughly
and frankly in person with a licensed and fully
informed medical practitioner. It is a patient’s
individual responsibility to obtain information
regarding a medical diagnosis, treatment, referral,
drug availability, or pricing directly from his
or her licensed physician, or from a product's
manufacturer.
The
editors, staff, and affiliates of HIV and Hepatitis.com
take great care to provide accurate and timely
information. It is possible, however, that
HIV and Hepatitis.com could include inaccuracies
or errors, and that unauthorized additions, deletions
and alterations could be made to HIV and Hepatitis.com
by third parties. In the event that you believe
that an inaccuracy has arisen, please immediately
inform the webmaster of HIV and Hepatitis.com
so that the content can be reviewed for accuracy.
Company
may change, suspend or discontinue any aspect
of the HIV and Hepatitis.com at any time,
including the availability of any HIV and Hepatitis.com
feature, database, or Content. Company
may also impose limits on certain features and
services or restrict your access to parts or all
of the HIV and Hepatitis.com without notice
or liability.
HIV
and Hepatitis.com may contain forums, informational
chat rooms, or other areas to which you might
be invited and/or permitted to transmit, upload
or post, information, inquiries, or materials.
You represent, warrant and covenant that: (a)
you shall not upload, post, transmit or distribute,
or otherwise publish through HIV and Hepatitis.com
any materials which (i) restrict or inhibit any
other user from using and enjoying HIV and
Hepatitis.com, (ii) are unlawful, threatening,
abusive, libelous, defamatory, obscene, vulgar,
offensive, pornographic, profane, sexually explicit
or indecent, (iii) constitute or encourage conduct
that would constitute a criminal offense, give
rise to civil liability or otherwise violate the
law, (iv) violate, plagiarize or infringe the
rights of third parties including, without limitation,
copyright, trademark, patent, rights of privacy
or publicity or any other proprietary right, (v)
contain a virus or other harmful component, (vi)
contain any information, software or other material
of a commercial nature, (vii) contain advertising
of any kind, or (viii) constitute or contain false
or misleading indications of origin or statements
of fact; and (b) that you are at least eighteen
(18) years old. Company has no obligation to
monitor the information or materials transmitted,
posted, or uploaded by you to HIV and Hepatitis.com.
However, Company reserves the right to refuse
to post or to remove any such information or materials,
in whole or part, that, in its sole discretion,
are unacceptable or in violation of this Agreement.
You
hereby agree to indemnify, defend and hold harmless
Company, and all its officers, directors, owners,
agents, employees, information providers, affiliates,
licensors and licensees (collectively, the "Indemnified
Parties") from and against any and all liability
and costs incurred by the Indemnified Parties
in connection with any claim arising out of any
breach by you of the Agreement or the foregoing
representations, warranties and covenants, including,
without limitation, attorneys' fees and costs.
You shall cooperate as fully as reasonably required
in the defense of any claim. Company reserves
the right, at its own expense, to assume the exclusive
defense and control of any matter otherwise subject
to indemnification by you and you shall not in
any event settle any matter without the written
consent of Company.
You
acknowledge that, except as may be expressly provided
on HIV and Hepatitis.com and/or in this
Agreement, transmissions to and from HIV and
Hepatitis.com are not confidential and your
Communications may be read or intercepted by others.
You acknowledge that by submitting Communications
to Company, no confidential, fiduciary, contractually
implied or other relationship is created between
you and Company other than pursuant to this Agreement.
By
posting messages, uploading files, or inputting
data to forums, chat rooms, bulletin boards, and/or
other public areas of HIV and Hepatitis.com
(individually or collectively "Communications")
to HIV and Hepatitis.com, you hereby grant
to Company a perpetual, worldwide, irrevocable,
unrestricted, non-exclusive, royalty free license
to use, copy, license, sublicense, adapt, distribute,
display, publicly perform, reproduce, transmit,
modify, edit and otherwise exploit such Communications,
in all media now known or hereafter developed.
You hereby waive all rights to any claim against
Company for any alleged or actual infringements
of any proprietary rights, rights of privacy and
publicity, moral rights, and rights of attribution
in connection with such Communications.
Notwithstanding
the foregoing, your electronic mail communications
with the Webmaster, and any information provided
by you through on-line survey forms on HIV
and Hepatitis.com, will in most cases, be
viewed only by you, the Webmaster, and anyone
to whom you address such communications. When
reasonably practicable, Company will attempt to
preserve the confidentiality of such communications.
HIV
and Hepatitis.com may contain links and pointers
to other related World Wide Web Internet sites,
resources, and sponsors of HIV and Hepatitis.com.
Links to and from HIV and Hepatitis.com
to other third party sites, maintained by third
parties, do not constitute an endorsement by Company
or any of its subsidiaries or affiliates of any
third party entities, resources, products, or
the contents of their sites.
Company
does not and cannot review all materials posted
to HIV and Hepatitis.com by users, and
Company is not responsible for any such materials
posted by users. However, Company reserves the
right at all times to disclose any information
as necessary to satisfy any law, regulation or
government request, or to edit, refuse to post
or to remove any information or materials, in
whole or in part, that in Company's sole discretion
are objectionable or in violation of this Agreement.
HIV
AND HEPATITIS.COM, INCLUDING, CONTENT, FUNCTIONS,
MATERIALS AND INFORMATION MADE AVAILABLE ON OR
ACCESSED THROUGH HIV AND HEPATITIS.COM,
IS PROVIDED ON AN “AS IS” BASIS. YOUR USE OF
THAT INFORMATION IS ENTIRELY AT YOUR OWN RISK.
YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR
USE OF THAT INFORMATION. IT IS SOLELY YOUR RESPONSIBILITY
TO EVALUATE THE ACCURACY, COMPLETENESS, USEFULNESS
OR VALIDITY OF THAT INFORMATION. TO THE FULLEST
EXTENT PERMISSIBLE BY LAW, COMPANY, ITS AFFILIATES,
EMPLOYEES, SERVICE PROVIDERS, EDITORS, AND/OR
CONTRIBUTING WRITERS, MAKE NO REPRESENTATIONS
OR WARRANTIES, EXPRESS OR IMPLIED, WITH REGARD
TO: (A) HIV AND HEPATITIS.COM; (B) ANY
INFORMATION PRESENTED OR DISPLAYED ON HIV AND
HEPATITIS.COM; (C) ANY HYPERTEXT LINKS TO
THIRD PARTIES PROVIDED ON HIV AND HEPITIS.COM;
(D) ANY SERVICE OR TREATMENT PROVIDED THROUGH
HIV AND HEPATITIS.COM; (E) ANY BREACH OF
SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE
INFORMATION HIV AND HEPATITIS.COM OR ANY
LINKED SITE; AND/OR (F) THE ACCURACY, QUALITY,
COMPLETENESS, MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, OF ANY INFORMATION OR MATERIALS PROVIDED
ON OR THROUGH HIV AND HEPATITIS.COM. TO
THE FULLEST EXTENT PERMISSIBLE BY LAW, COMPANY
HEREBY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES,
INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT,
AND IMPLIED WARRANTIES OF MERCHANTABILITY AND
FITNESS FOR A PARTICULAR PURPOSE.
COMPANY
DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED
IN HIV AND HEPATITIS.COM OR ANY MATERIALS
OR CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED
AND/OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED,
OR THAT HIV AND HEPATITIS.COM OR THE SERVER
THAT MAKES IT AVAILABLE IS FREE OF VIRUSES AND/OR
OTHER HARMFUL COMPONENTS. COMPANY AND ITS SUBSIDIARIES
AND AFFILIATES SHALL NOT BE LIABLE FOR THE USE
OF THE HIV AND HEPATITIS.COM , INCLUDING,
WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS
CONTAINED THEREIN.
NEITHER
HIV AND HEPATITIS TREATMENT ADVOCATES, INC.,
NOR ANY OF ITS AFFILIATES, EMPLOYEES, SERVICE
PROVIDERS, EDITORS, AND/OR CONTRIBUTING WRITERS,
SHALL BE RESPONSIBLE TO YOU OR ANY THIRD PARTIES
UNDER ANY CIRCUMSTANCES FOR ANY INDIRECT, CONSEQUENTIAL,
SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES OR LOSSES
WHICH YOU MAY INCUR IN CONNECTION WITH YOUR USE
OF HIV AND HEPATITIS.COM AND/OR ANY INFORMATION
PRESENTED ON HIV AND HEPATITIS.COM, OR ANY OF
THE DATA OR OTHER MATERIALS TRANSMITTED THROUGH
OR RESIDING ON HIV AND HEPATITIS.COM, REGARDLESS
OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE
OF ACTION, EVEN IF COMPANY, HAS BEEN ADVISED
OF THE POSSIBILITY OF DAMAGE OR LOSS. THIS LIMITATION
OF LIABILITY SHALL NOT APPLY TO LIABILITY FOR
DEATH OR PERSONAL INJURY TO THE EXTENT APPLICABLE
LAW PROHIBITS SUCH LIMITATION.
Company,
its staff, contributing writers and editors, and
HIV and Hepatitis.com retain and exercise
full control over the planning and implementation
of the content of the web site. The commercial
or non-profit companies and organizations whose
logos appear on the web site have no influence
on the editorial content of HIV and Hepatitis.com.
The appearance of logos does not imply an endorsement
of any company or organization or its products
by Company, HIV and Hepatitis.com,
its publisher, editors, contributing writers,
employees, or contractors.
This
Agreement is entered into in the State of California
and shall be governed by and construed in accordance
with California law, exclusive of California’s
choice of law rules. Each party to this Agreement
submits to the exclusive jurisdiction of the state
and federal courts sitting in the County of San
Francisco in the State of California, and waives
any jurisdictional, venue, or inconvenient forum
objections to such courts.
In
the event that any of the provisions of this Agreement
are held by a court or other tribunal of competent
jurisdiction to be unenforceable, such provisions
shall be limited or eliminated to the minimum
extent necessary so that this Agreement shall
otherwise remain in full force and effect.
This
Agreement constitutes the entire agreement between
the parties hereto pertaining to the subject matter
hereof, and any and all written or oral agreements
heretofore existing between the parties hereto
are expressly canceled. Company may modify the
terms of this Agreement by posting notice of such
modification on a page of HIV and Hepatitis.com
entitled "Legal Notices" or "Legal
Information" (or similar title) before the
modification takes effect.
HIV
and Hepatitis.com is published by HIV and
Hepatitis Treatment Advocates, Inc.
©
2010, HIV and Hepatitis.com. All rights reserved.
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