Effective: December 16, 2010.
WEBSITE TERMS AND CONDITIONS OF USE
3. HSO Does Not Provide Medical or Health Advice
The Sites do not provide medical or health advice: The contents of the Sites, such as text, graphics, images, information obtained from HSO’s licensors, and other HSO Content contained on or linked to or from the Sites are for informational purposes only. The HSO Content is not intended to be a substitute for professional medical or health advice, diagnosis, or treatment, or for a coordinated education in a health sciences discipline. Information on these Sites is generic and is not designed to take into account the specific objectives, needs and circumstances of any particular individual. We cannot guarantee that the information on the Sites is accurate and up-to-date. Seek the advice of a physician or other qualified health provider with any questions you may have regarding a medical condition. You should never disregard professional medical advice or delay in seeking it because of something you have read on the Sites. If you think you may have a medical emergency, you should call your doctor or 911 immediately.
HSO does not recommend or endorse any specific tests, physicians, products, procedures, treatments, opinions, or other information that may be described, mentioned or discussed in any of the services, databases or pages accessible within or from the Sites. Reliance on any information provided by HSO, HSO employees, others appearing on the Sites at the invitation of HSO, other visitors to the Sites, or Third Party Sites that the Sites may link to, is solely at your own risk. The Sites may contain health- or medical-related materials that are sexually explicit. If you find these materials offensive, you may not want to use the Sites.
In any case, you affirm that you are over the age of 13, as the Sites is not intended for children under 13. If you are under 13 years of age, please do not use the Sites.
5. HSO Content
HSO owns or licenses all legal right, title and interest in the Sites and in any text, information, communications, software, photos, video, graphics, music, sounds, scripts, icons, images, audio clips, designs, interfaces, layouts, and other material and services developed by or for HSO on the Sites, and the trademarks, service marks and logos contained therein, including without limitation, message boards, chat and other original content (the “HSO Content”). For the avoidance of doubt, the HSO Content does not include any materials or services provided by Third Party Sites or any Third Party Content (as defined below). HSO authorizes you to view and download copies of the HSO Content on the Sites solely for personal or educational, noncommercial use, provided:
a. The source of the content is appropriately acknowledged; and
b. You acknowledge that HSO providers remain the owner of all HSO content posted on the Sites, and that you do not acquire any of those ownership rights by reproducing such content for non-commercial or educational purposes.
c. You may not download, copy or use the HSO logo and any other marks or logos appearing on the Sites for any purpose without the permission of HSO.
Unless stated otherwise, all HSO Content is Copyright© Health Sciences Online, c/o Dr. Ruth Frank, Pennswood Village, 1382 Newtown-Langhorne Road, Newtown, PA 18940. HSO reserves all rights not expressly granted in and to the Sites and its HSO Content. The copyright for text or images on these Sites may be held by an entity other than HSO. All rights are reserved on such material and permission of the copyright owner must be requested to use it.
HSO TAKES NO RESPONSIBILITY FOR ANY THIRD PARTY CONTENT, AND DOES NOT ENDORSE THE VIEWS EXPRESSED BY THE ORGANIZATIONS OR INDIVIDUALS RESPONSIBLE FOR SUCH THIRD PARTY SITES. TO THE EXTENT PERMITTED BY LAW, HSO DENIES ALL LIABILITY (INCLUDING FOR NEGLIGENCE) FOR ANY LOSS, COST, EXPENSE OR DAMAGE ARISING OUT OF YOUR USE OF THIRD PARTY SITES.
7. HSO Software
You agree that you will not submit, post or upload any material to the Sites that:
a. Is inappropriate, offensive or contrary to any applicable laws or standards. This includes, without limitation, material which: (i) is obscene or indecent, depicts violence, sexual activity, or pornography; or contains instructions in crime or drug use; or (ii) defames, harasses, menaces, threatens, abuses, offends, bullies or embarrasses any person;
b. Infringes the copyright, moral rights, confidentiality rights or intellectual property rights of any person, for example, by reproducing songs, poems, articles, logos, trade marks, pictures, photos, music or other material that is not owned by you (or which you do not have a license to reproduce on the Sites);
c. Infringes any of our rights or the rights of any third person including privacy rights;
d. Breaches applicable local, national, or international laws, regulations, standards or codes as enacted, modified or updated from time to time;
e. Advocates the use of force or violence towards any person;
f. Encourages, endorses, approves or recommends the performance of dangerous or illegal acts; or
g. Contains a virus or other code that has harmful or destructive properties.
You may not use a false email address, impersonate any person or entity, or otherwise mislead HSO as to the origin of any Submissions. You agree to indemnify HSO for all claims arising from or in connection with any claims to any rights in any Submissions.
You further understand and acknowledge that you may be exposed to Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against HSO with respect thereto.
9. User Conduct
You agree not to use the Sites or the HSO Content to: (i) restrict or inhibit others from using and enjoying the Sites; (ii) gain unauthorized access to other accounts on the Sites, other computer systems or networks; (iii) store, collect or disclose any information except as strictly necessary to use the Sites; or (iv) impersonate or otherwise misrepresent any person or entity, make false or misleading indications of origin or fact. You agree not to use the Sites or the HSO Content to transmit or upload: (i) unauthorized advertising, promotional materials, junk mail, "spam," chain letters or any other form of unauthorized solicitation; (ii) any material that violates or infringes the rights of third parties; (iii) any virus or any programs or component designed to interrupt, destroy or limit the functionality of any computer software, hardware or telecommunications equipment; (iv) any material that is unlawful, threatening, abusive, harmful, harassing, defamatory, tortious, hateful, obscene, sexually explicit or indecent, or racially, ethnically or otherwise objectionable. Without limiting the foregoing, you agree to comply with all applicable laws, rules and regulations that apply to your use of the Sites. You, and not HSO, shall be responsible for ensuring that your use of the Sites and HSO Content does not constitute a criminal offense, give rise to civil liability or otherwise violate any applicable law, regulation or ordinance, including, but not limited to, U.S. law regarding the transmission of technical data. You agree to obey the requirements, procedures and policies of computer systems connected to the Sites. HSO shall have the right, but not the obligation, to monitor or review your conduct on the Sites.
In the event you believe that any content posted on the Sites infringes your copyright or other intellectual property rights, you may notify HSO by providing the information required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (“DMCA”), 17 U.S.C. 512, to HSO as follows: a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; b) identification of the copyrighted work claimed to have been infringed; c) information reasonably sufficient to permit us to contact the complaining party, such as address, telephone number, and if available, an electronic mail address at which the complaining party may be contacted; d) identification of the HSO Content that is claimed to be infringing or to be subject to infringing activity and that is to be removed, and information reasonably sufficient to permit us to locate the HSO Content; e) a statement that you have a good faith belief that use of the HSO Content in the manner complained of is not authorized by the copyright owner, agent, or the law; and f) 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.
HSO’s designated Copyright Agent to receive notifications of claimed infringement is Michelle Wruck, who can be reached at Pennswood Village, 1382 Newtown-Langhorne Road, Newtown, PA 18940; phone: (604) 822-3282; fax: (604) 822-4994; or e-mail: firstname.lastname@example.org. You acknowledge that if you fail to comply with all of the requirements of this Section 10, your DMCA notice may not be valid.
You acknowledge and agree that upon receipt of a notice of a claim of copyright infringement, we may immediately remove the identified HSO Content from the Sites without liability to you or any other party, and that the claims of the complaining party and the party that originally posted the HSO Content will be referred to the United States Copyright Office for adjudication as provided in the DMCA. If you believe that your Submission that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the content in your User Submission, you may send a counter notice containing the following information to the Copyright Agent: a) your physical or electronic signature; b) identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled; c) a statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; d) your name, address, telephone number, and e-mail address; e) a statement that you consent to the jurisdiction of the federal court in California; and f) a statement that you will accept service of process from the person who provided notification of the alleged infringement.
If a counter notice is received by the Copyright Agent, HSO may send a copy of the counter notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter notice, at HSO’s sole discretion.
THE SITES AND ALL CONTENT, FUNCTIONS, MATERIALS AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH THE SITES, ARE PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, HSO AND ITS SUBSIDIARIES AND AFFILIATES MAKE NO REPRESENTATION OR WARRANTIES OF ANY KIND WHATSOEVER FOR THE SITES, THE CONTENT, OR ANY OTHER MATERIALS, SERVICES, INFORMATION AND FUNCTIONS MADE ACCESSIBLE BY OR ACCESSED THROUGH THE SITES, FOR ANY PRODUCTS OR SERVICES OR HYPERTEXT LINKS TO THIRD PARTIES, OR FOR ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE SITES OR ASSOCIATED MATERIALS OR ANY THIRD PARTY SITE. HSO MAKES NO REPRESENTATION THAT THE MATERIALS ON THESE SITES CONFORM TO YOUR LOCAL LAWS, AND IF YOU ARE ACCESSING THESE SITES FROM A LOCATION OUTSIDE CALIFORNIA, YOU ALONE ARE RESPONSIBLE FOR COMPLIANCE WITH YOUR LOCAL LAWS. HSO AND ITS SUBSIDIARIES AND AFFILIATES HEREBY DISCLAIM ANY AND ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. HSO MAKES NO WARRANTIES OR REPRESENTATIONS AS TO THE ACCURACY OR COMPLETENESS OF THE SITES, THE CONTENT, OR ANY OTHER MATERIALS, INFORMATION OR FUNCTIONS MADE ACCESSIBLE BY OR ACCESSED THROUGH THE SITES. THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU, TO THE EXTENT THAT APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES.
14. Security and Password.
In the event that you are given a username and password to access certain portions of the Sites, you are solely responsible for maintaining the confidentiality of your password and account and for any and all statements made and acts or omissions that occur through the use of your password and account, including any mail sent and any charges incurred. Therefore, you must take steps to ensure that others do not gain access to your password and account. Our personnel will never ask you for your password. You may not transfer or share your account with anyone, and we reserve the right to immediately terminate your account in the event of any unauthorized transfer or sharing thereof.
15. International Use.
Although the Sites may be accessible worldwide, HSO makes no representations that the HSO Content is appropriate or may be downloaded outside of the United States. Access to the HSO Content (including Software) may not be legal by certain persons or in certain countries, and accordingly accessing HSO Content from territories where it is illegal to do so is prohibited. Those who choose to access the Sites from outside of the United States do so at their own risk and are responsible for compliance with the laws of their jurisdiction. Any offer for any product, service, and/or information made in connection with the Sites is void where prohibited.
You agree that you will not directly or indirectly, export, re-export, or knowingly permit the export or re-export of the Sites or any HSO Content to any country or otherwise use the Sites or any HSO Content in violation of any applicable export or other laws and regulations of the U.S. or any other country.
All notices to a party shall be in writing and shall be made either via e-mail or conventional mail. Notices to us must be sent to the attention of Customer Service at email@example.com if by e-mail, or at HSO, c/o Dr. Ruth Frank, Pennswood Village, 1382 Newtown-Langhorne Road, Newtown, PA 18940 if by conventional mail.
We may send notices to the e-mail address supplied for your account. In addition, we may broadcast notices or messages through the Sites to inform you of changes to the Sites or other matters of importance, and such broadcasts shall constitute notice to you.