TERMS AND CONDITIONS OF USE
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE,
THEY MAY HAVE CHANGED SINCE YOUR LAST VISIT.
By using this website, you indicate your acceptance of these Terms and Conditions.
If you do not agree with all of these Terms and Conditions, do not use this
website.
eSpineSurgery.com (“The Site”) DOES NOT PROVIDE
MEDICAL ADVICE
The contents of The Site’s website (the “The Site”), such
as text, graphics, images, information obtained from The Site's medical partners,
sponsors, advertisers, licensors, and other material (collectively the “Content”)
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.
If you think you may have a medical emergency, call your
doctor or 911 immediately. The Site does not recommend or endorse any specific
tests, products, procedures, opinions, or other information that may be mentioned
on the The Site. Reliance on any information provided by The Site, The Site
employees, others appearing on the Site at the invitation of The Site, or other
visitors to the Site is solely at your own risk.
COPYRIGHT AND TRADEMARK INFORMATION
The The Site, and the information which it contains, is the property of The
Site and its affiliates and licensors, and is protected from unauthorized copying
and dissemination by United States copyright law, trademark law, international
conventions and other intellectual property laws.
USE OF The Site CONTENT
The Site authorizes you to view or download a single copy of the material on
the The Site solely for your personal, noncommercial use if you do not remove
the copyright and other proprietary rights notices which were contained in the
Content. Any special rules for the use of certain software and other items provided
on the The 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 The Site 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 The Site. All rights not expressly granted herein
are reserved to The Site and its licensors.
LIMITATION OF LIABILITY / DISCLAIMER OF WARRANTIES
The use of the The Site and the Content is at your own risk.
When using the The Site, information will be transmitted over a medium which
is beyond the control and jurisdiction of The Site, its partners, advertisers,
sponsors and its suppliers. Accordingly, The Site 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 The Site.
THE SITE AND THE CONTENT ARE PROVIDED ON AN “AS IS” BASIS. The
SITE, ITS PARTNERS, ADVERTISERS, SPONSORS, LICENSORS AND 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, The Site, its licensors, and its suppliers make no representations
or warranties about the following:
The accuracy, reliability, completeness, correctness, or timeliness of the
Content, software, text, graphics, links, or communications provided on or through
the use of the The Site.
The satisfaction of government regulations requiring disclosure of information
on prescription drug products with regard to the Content contained on the The
Site.
The accuracy, completeness or correctness, timeliness, or usefulness of any
opinions, advice, services, or other information provided through the The Site.
In no event shall The Site, its partners, sponsors, advertisers, licensors
or its suppliers, or any third parties mentioned on the The Site be liable for
any damages (including, without limitation, incidental, consequential or other
indirect 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 The Site or the Content, whether based on warranty, contract, tort,
or any other legal theory, and whether or not The Site is advised of the possibility
of such damages. The Site 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).
INDEMNIFICATION
By using the The Site website you agree to indemnify and hold The Site, its
officers, directors, employees, affiliates, agents, attorneys, representatives
and members harmless from any and all losses, damages, liabilities, claims,
demands, suits, or causes of action (including reasonable attorneys’ fees
and costs) arising from your use or misuse of the The Site.
USER SUBMISSIONS
You agree that you will not upload or transmit any communications or content
of any type that infringes upon or violates any rights of any party. By submitting
communications or content to any part the The 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 The Site
a royalty-free, perpetual, irrevocable, worldwide 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. The Site may sublicense
its rights through multiple tiers of sublicenses.
FORUMS AND PUBLIC AREAS
USE OF THE SITE CONSTITUTES ACCEPTANCE OF ALL OF THE TERMS AND CONDITIONS DESCRIBED
HEREIN
By using the The Site, you acknowledge and agree that
the information contained therein, including responses from medical professionals,
is intended solely for general educational purposes. The information contained
on the website is not intended nor implied to be a substitute for professional
medical advice relative to your specific medical condition. The Site does not
guarantee monitoring or authentication of the information contained in forums
and chat groups for accuracy, safety, or reliability. Always seek the advice
of your physician or other qualified health provider for any questions you may
have regarding your medical condition, or prior to starting any new treatment.
MEDICAL EMERGENCY: If you think you may have a medical emergency, call 911
or your healthcare provider immediately!
IF YOU FEEL THREATENED: If you feel threatened or believe someone else is in
danger, you should contact your local law enforcement agency immediately.
ABUSE: In cases where you believe a person(s) has breached the terms and conditions
of the The Site website, please contact The Site IMMEDIATELY. Do not attempt
to contact the person yourself and do not post derogatory comments in any public
areas on the The Site.
The Site, its officers, directors, employees, affiliates, agents, attorneys,
representatives make no endorsements of any particular product or treatment,
makes no representations and assumes no liability relative to any content, opinions,
comments, e-mail addresses, and/or computer viruses which may be transmitted
in any Forum or Public Area.
If you use a Forum or Public Area on the The Site, you are solely responsible
for your own communications, the consequences of posting those communications,
and your reliance on any communications found in the Forums and Public Areas.
In no event will The Site, its officers, directors, employees, affiliates,
agents, attorneys, representatives, partners, sponsors, advertisers or other
affiliated persons or entities be liable to you or anyone else for any decision
made or action taken by you or anyone else in reliance upon the information
provided through the The Site. You will hold The Site its officers, directors,
employees, affiliates, agents, attorneys, representatives, partners, sponsors,
advertisers or other affiliated persons or entities harmless for any such actions
or decisions taken by you in reliance upon such information.
By submitting communications or content to the Forms or Public Areas, you agree
that such submission is non-confidential for all purposes. You agree to allow
The Site and all other persons or organizations involved in the operation of
the The Site the right to transmit, monitor, retrieve, store, and use your information
in connection with the operation of the The Site.
RULES FOR POSTING QUESTIONS AND COMMENTS IN FORUMS AND PUBLIC AREAS
The Site Public Areas, which includes all areas of the The Site where users
may post content, are for the exchange of information and support ONLY. In consideration
of being allowed to use The Site, you agree that the following actions shall
constitute a material breach of these Terms and Conditions of Use:
1. Posting questions or comments by persons under 13 years of age without the
consent of their parents.
2. Posting your full name(s), or any other confidential or personally identifiable
information on the The Site website. *
3. Posting names, e-mail addresses, telephone numbers or any other confidential
or personally identifiable information of yourself or any person(s) or entities.
4. Using a Public Area for any purpose in violation of local, state, federal,
or international laws;
5. Posting material that infringes on the copyrights or other intellectual
property rights of others or on the privacy or publicity rights of others;
6. Posting material that is unlawful, obscene, derogatory, defamatory, threatening,
harassing, abusive, slanderous, hateful, or embarrassing to any other person
or entity as determined by The Site in its sole discretion.
7. Posting advertisements or solicitations of business.
8. Posting links to other websites or individuals, without prior written permission
from The Site.
9. Posting chain letters or pyramid schemes.
10. Impersonating another person or entity.
11. Registering under more than one name and/or e-mail address.
12. Distributing viruses or other harmful computer code.
13. Harvesting or otherwise collecting information about others, including
email addresses, without their consent.
14. Allowing any other person or entity to use your identification for posting
or viewing comments.
15. Posting the same note more than once or “spamming”.
16. 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 The Site, exposes The Site or any of its customers, partners or suppliers
to any liability or detriment of any type.
17. 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).
ENFORCEMENT OF THE RULES
The Site reserves the right (but is not obligated) to do any or all of the
following:
1. Record the dialogue in public chat rooms.
2. Investigate an allegation that a communication does not conform to these
Terms and Conditions and determine in its sole discretion to remove or request
the removal of the communication.
3. Remove communications which it determines, in its sole discretion, to be
abusive, illegal, or disruptive, or that otherwise fail to conform to these
Terms and Conditions.
4. Terminate a user's access to any or all Public Areas and/or the The Site
upon any breach of any of these Terms and Conditions.
5. Terminate a user’s access to any or all Public Areas and/or the The
Site if the user’s registration information and/or e-mail address is no
longer valid.
6. Monitor, edit, or disclose any communication in the Public Areas.
7. Edit or delete any communication posted on the The Site, regardless of whether
such communication violates these standards.
The Site reserves the right to take any other action it deems necessary to
protect the personal safety of our guests, visitors, or the public.
PASSWORDS
All registered members of the The Site are responsible for taking all reasonable
steps to ensure that no unauthorized person shall have access to their The Site
passwords or accounts. It is the registered members’ sole responsibility
to (1) control the distribution of their passwords or account information; (2)
authorize, monitor, and control access to and use of their The Site account
and password; (3) inform The Site of any need to deactivate their password or
change their registration, as soon as possible.
GENERAL
The Site 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 The 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: Limitation
of Liability / Disclaimer of Warranties, Indemnification, User Submissions,
Jurisdiction, and Complete Agreement.
JURISDICTION
You expressly agree that exclusive jurisdiction for any dispute with The Site,
or in any way relating to your use of the The 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 The Site or its affiliates,
subsidiaries, employees, contractors, officers, directors, telecommunication
providers, and content providers.
These Terms and Conditions are governed by the 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.
COMPLETE AGREEMENT
Except as expressly provided in a particular “legal notice” on
the The Site, these Terms and Conditions constitute the entire agreement between
you and The Site with respect to the use of the The Site and Content.
