Terms and Conditions
Symptomsfind.net is an Internet-based online information
and communication service (the "Agreement"). BY ACCESSING OR USING
Symptomsfind.net, YOU AGREE TO BE BOUND BY THE TERMS AND
CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT WISH TO BE BOUND BY THIS
AGREEMENT, YOU MAY NOT ACCESS OR USE Symptomsfind.net.
Symptomsfind.net MAY MODIFY THIS AGREEMENT AT ANY TIME, AND
SUCH MODIFICATION SHALL BE EFFECTIVE IMMEDIATELY UPON EITHER POSTING OF
THE MODIFIED AGREEMENT OR NOTIFYING YOU. YOU AGREE TO REVIEW THIS
AGREEMENT PERIODICALLY TO ENSURE THAT YOU ARE AWARE OF ANY
MODIFICATIONS. YOUR CONTINUED ACCESS OR USE OF Symptomsfind.net SHALL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE OF THE MODIFIED
AGREEMENT.
1. DISCLAIMER
The
information contained in Symptomsfind.net is presented
for the purpose of educating consumers on wellness and disease
management topics. Nothing contained in Symptomsfind.net
is intended to be instructional for medical diagnosis or treatment. The
information should not be considered complete, nor should it be relied
on to suggest a course of treatment for a particular individual. It
should not be used in place of a visit, call, consultation or the
advice of your physician or other qualified health care provider.
Information obtained in Symptomsfind.net is not
exhaustive and does not cover all diseases, ailments, physical
conditions or their treatment. Should you have any health care related
questions, please call or see your physician or other qualified health
care provider promptly. Always consult with your physician or other
qualified health care provider before embarking on a new treatment,
diet or fitness program. You should never disregard medical advice or
delay in seeking it because of something you have read in Symptomsfind.net.
The
information contained in Symptomsfind.net is compiled
from a variety of sources ("Information Providers"). Neither Symptomsfind.net nor Information Providers directly or indirectly
practice medicine or dispense medical services as part of Symptomsfind.net.
Symptomsfind.net SERVICES AND Symptomsfind.net
INFORMATION ACCESSED Through Symptomsfind.net (the
"SERVICES") ARE provided "AS IS" without warranty, express or implied.
Symptomsfind.net hereby excludes all implied warranties of
merchantability and fitness for a particular use or purpose with
respect to the SERVICES. There are no warranties which extend beyond
the description on the face OF THIS AGREEMENT. Symptomsfind.net
and Information Providers make no warranty as to the
reliability, accuracy, timeliness, usefulness, adequacy, completeness
or suitability of the Services. Symptomsfind.net and
Information Providers cannot and do not warrant against human and
machine errors, omissions, delays, interruptions or losses, including
loss of data. Symptomsfind.net and Information Providers
cannot and do not guarantee or warrant that files available for
downloading from this online site will be free of infection by viruses,
worms, Trojan horses or other code that manifest contaminating or
destructive properties. Symptomsfind.net and Information
Providers do not warrant or guarantee that the functions or Services
performed in Symptomsfind.net will be uninterrupted or
error-free or that defects in Symptomsfind.net will be
corrected. Users of Symptomsfind.net are responsible for
(1) implementing and maintaining adequate procedures and checkpoints to
satisfy their particular requirements for accuracy of data input and
output and (2) maintaining a means external to Symptomsfind.net for
the reconstruction of any lost data.
2. OTHER SITES
You
are encouraged to use discretion while browsing the Internet on
searches initiated at Symptomsfind.net. Symptomsfind.net
links may lead unintentionally to sites containing
information that some people may find inappropriate or offensive. It
may also lead to sites which contain inaccurate information, false or
misleading advertising, or information which violates copyright, libel
or defamation laws. Symptomsfind.net and Information
Providers make no representations concerning any effort to review all
of the content of sites listed in its catalog (indeed, given the number
of results from any browsing which starts with a Symptomsfind.net
link that would be practically impossible).
3. REVIEW OF POSTINGS & UPLOADS
Symptomsfind.net
does not and cannot review all communications and
materials posted or uploaded to Symptomsfind.net and is
not responsible for the content of these communications and materials.
However, Symptomsfind.net reserves the right to block or
remove communications or materials that it determines, in its sole
discretion, to be (a) abusive, libelous, defamatory or obscene, (b)
fraudulent, deceptive, or misleading, (c) in violation of a copyright
or trademark, other intellectual property right of another or (d)
offensive or otherwise unacceptable to Symptomsfind.net.
ANY MESSAGES, ADVICE, OPINIONS OR OTHER INFORMATION CONTAINED IN ANY
DISCUSSION AREA SHOULD NOT BE CONSTRUED AS PROFESSIONAL ADVICE OR
INSTRUCTION.
4. LIMITED LICENSE
By
this Agreement, Symptomsfind.net grants, subject to the
terms of this Agreement, only a limited, non-transferable and
non-exclusive license to use the software and documentation necessary
to access, explore and otherwise use Symptomsfind.net in
real time and to use the materials in Symptomsfind.net in
a manner consistent with paragraph 11 (Copyright) below.
5. USER'S AGREEMENT
You
agree to: (a) maintain all equipment required for your access to and
use of Symptomsfind.net ; (b) maintain the security of
your user identification, password and other confidential information
relating to your Symptomsfind.net account; and (c) be
responsible for all charges resulting from use of your Symptomsfind.net account, including unauthorized use prior to your
notifying Symptomsfind.net of such use and taking steps to
prevent its further occurrence by changing your password.
6. ON-LINE COMMUNICATIONS
You are responsible for your communications and your use of Symptomsfind.net. You may not, under any circumstances, do any of
the following: (a) use simultaneous, unattended or continuous
connections to Symptomsfind.net with one account; (b)
post or transmit any message which is libelous or defamatory; (c) post
or transmit any message, data, image or program which is indecent,
obscene or pornographic; (d) post or transmit any message, data, image
or program that would violate the property rights of others, including
unauthorized copyrighted text, images or programs, trade secrets or
other confidential proprietary information, and trademarks or service
marks used in an infringing fashion; (e) use Symptomsfind.net to threaten, harass, stalk, abuse, or otherwise violate the
legal rights (including rights of privacy and publicity) of others; (f)
intercept or attempt to intercept email or other private communications
not intended for you; (g) send email to Users or other Internet users
for any purpose other than personal communication, including to
advertise or offer to unsolicited sell goods or services to other
Users, use as a mass unsolicited distribution medium to communicate a
generally unsolicited message, or use your email account as an address
to which Users or other Internet users need to respond (except as
otherwise expressly permitted by Symptomsfind.net); (h)
send unsolicited email messages through third-party mail servers in
order to relay your email or hide the origination of your email to
others; (i) upload or download files that contain software or other
material protected by intellectual property laws, rights of privacy or
publicity, or any other applicable law unless you own or control the
rights to such files or have received all necessary consents; (j)
upload files that contain a virus or corrupted data; (k) delete any
author attributions, legal notices or proprietary designations or
labels in a file that you upload to a BBS or Symptomsfind.net; (l) falsify the source or origin of software or other
material contained in a file that you upload to a BBS or Symptomsfind.net; (m) use Symptomsfind.net in a manner
that adversely affects the availability of its resources to other
Users; (n) use, download or otherwise copy, or provide (whether or not
for a fee) to a person or entity that is not a subscriber to ESymptomsfind.net
the User directory or any portion thereof other
than for personal, noncommercial purposes (except as otherwise
expressly permitted by Empower Health Corporation); (o) falsely purport
to be an employee or agent of Symptomsfind.net (p) cause
repeated disruptive incidents; or (q) act, or fail to act, in your use
of Symptomsfind.net, in a manner that is contrary to
applicable law or regulation. In addition, you may not post or transmit
any message which is harmful, threatening, abusive or hateful. It is
not the intent of Symptomsfind.net to discourage Users from
taking controversial positions or expressing vigorously what may be
unpopular views in Symptomsfind.net, nonetheless,
Symptomsfind.net reserves the right to take such action as
it deems appropriate in cases where Symptomsfind.net is
used to disseminate statements which are deeply and widely offensive
and/or harmful. Each time you upload a file on Symptomsfind.net, you represent and warrant that you own or otherwise
control the rights or have the necessary consents to do so, and you
grant every other User the right to download and use such file. Your
failure to observe any of the foregoing limitations or obligations may
result in civil or criminal liability.
7. PRIVACY POLICY
Symptomsfind.net considers its users' privacy to be of the utmost importance. Please see our privacy statement
for a detailed description of our information gathering and
dissemination practices for the Symptomsfind.net Web site.
8. OPERATION
Symptomsfind.net reserves complete and sole discretion with
respect to the operation of mysymptoms.net. Symptomsfind.net may, among other things: (a) delete email if it has not been
accessed by a User within the time established by Symptomsfind.net; (b) subject to Section 6, make available to third
parties information relating to Symptomsfind.net and
Users; and (c) withdraw, suspend or discontinue any functionality or
feature of Symptomsfind.net.
9. USER REPRESENTATIONS
You
represent and warrant that you are at least 18 years of age and that
you possess the legal right and ability to enter into this Agreement
and to use Symptomsfind.net in accordance with this
Agreement. You agree to be financially responsible for your use of
Symptomsfind.net (as well as for use of your account by
others, including minors living with you) and to comply with your
responsibilities and obligations as stated in this Agreement.
10. CONTENT
Statements
made in websites, newsgroups, message boards, email, forums,
conferences and chats reflect only the views of their authors. Forum
managers, forum hosts, CPs, or Merchants appearing on Symptomsfind.net are not authorized Symptomsfind.net
spokespersons, and their views do not necessarily reflect those of
Symptomsfind.net.
11. COPYRIGHT
The
entire contents of Symptomsfind.net are copyrighted as a
collective work under the laws of United States and other copyright
laws. Symptomsfind.net holds the copyright in the
collective work. The collective work includes works which are the
property of the Information Providers which are also protected by
copyright and other intellectual property laws. You may display and,
subject to any expressly stated restrictions or limitations relating to
specific material, download portions of the material from the different
areas of Symptomsfind.net solely for your own
non-commercial use, unless otherwise permitted (e.g., in the case of
electronic coupons, etc). Any redistribution retransmission or
publication of any copyrighted material is strictly prohibited without
the express written consent of the copyright owner. You agree not to
change or delete any proprietary notices from materials downloaded from
Symptomsfind.net.
12. LICENSES AND IDEA SUBMISSIONS
You
agree to grant to Symptomsfind.net a non-exclusive,
worldwide, royalty-free, perpetual license, with the right to
sublicense, to reproduce, distribute, transmit, create derivative works
of, publicly display and publicly perform any materials and other
information (including, without limitation, ideas contained therein for
new or improved products or services) you submit to public areas of
Symptomsfind.net (such as BBSs, forums and chat rooms) by
all means and in any media now known or hereafter developed. You hereby
waive your moral rights in any such materials and information, and you
hereby warrant that any such materials and information are original
with you, or that you have the right to submit such materials and
information. You agree that you shall have no recourse against
Symptomsfind.net for any alleged or actual infringement or
misappropriation of any proprietary right in your communication to us.
13. INDEMNIFICATION
YOU
AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS Symptomsfind.net, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, INFORMATION
PROVIDERS AND SUPPLIERS FROM AND AGAINST ALL LOSSES, EXPENSES, DAMAGES
AND COSTS, INCLUDING REASONABLE ATTORNEY'S FEES, RESULTING FROM ANY
VIOLATION OF THIS AGREEMENT OR ANY ACTIVITY RELATED TO YOUR ACCOUNT
(INCLUDING INFRINGEMENT OF THIRD PARTIES' WORLDWIDE INTELLECTUAL
PROPERTY RIGHTS OR NEGLIGENT OR WRONGFUL CONDUCT) BY YOU OR ANY OTHER
PERSON ACCESSING Symptomsfind.net USING YOUR SERVICE
ACCOUNT.
14. WAIVER, RELEASE AND LIMITATION OF LIABILITY
YOU
AGREE THAT NEITHER Symptomsfind.net, NOR ITS OFFICERS,
DIRECTORS, EMPLOYEES, AGENTS, INFORMATION PROVIDERS OR SUPPLIERS SHALL
HAVE ANY LIABILITY TO YOU UNDER ANY THEORY OF LIABILITY OR INDEMNITY IN
CONNECTION WITH YOUR USE OF Symptomsfind.net. YOU HEREBY
RELEASE AND FOREVER WAIVE ANY AND ALL CLAIMS YOU MAY HAVE AGAINST
Symptomsfind.net, ITS OFFICERS, DIRECTORS, EMPLOYEES,
AGENTS, INFORMATION PROVIDERS OR SUPPLIERS (INCLUDING BUT NOT LIMITED
TO CLAIMS BASED UPON THE NEGLIGENCE OF EMPOWER HEALTH CORPORATION, ITS
OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, INFORMATION PROVIDERS OR
SUPPLIERS) FOR LOSSES OR DAMAGES YOU SUSTAIN IN CONNECTION WITH YOUR
USE OF Symptomsfind.net.
NOTWITHSTANDING THE FOREGOING PARAGRAPH, THE TOTAL LIABILITY OF
Symptomsfind.net, ITS OFFICERS, DIRECTORS, EMPLOYEES,
AGENTS, INFORMATION PROVIDERS AND SUPPLIERS, IF ANY, FOR LOSSES OR
DAMAGES SHALL NOT EXCEED THE FEES PAID BY THE USER FOR THE PARTICULAR
INFORMATION OR SERVICE PROVIDED. IN NO EVENT SHALL EMPOWER HEALTH
CORPORATION, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, INFORMATION
PROVIDERS OR SUPPLIERS BE LIABLE TO YOU FOR ANY LOSSES OR DAMAGES OTHER
THAN THE AMOUNT REFERRED TO ABOVE. ALL OTHER DAMAGES, DIRECT OR
INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE ARISING FROM
ANY USE OF THE INFORMATION OR OTHER PARTS OF mysymptoms.net TM ARE
HEREBY EXCLUDED EVEN IF Symptomsfind.net ITS OFFICERS,
DIRECTORS, EMPLOYEES, AGENTS, INFORMATION PROVIDERS OR SUPPLIERS HAVE
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
15. THIRD PARTY RIGHTS
The
provisions of paragraphs 14 (Indemnification) and 15 (Waiver, Release
and Limitation of Liability) are for the benefit Symptomsfind.net and its officers, directors, employees, agents, licensors,
suppliers, and Information Providers. Each of these individuals or
entities shall have the right to assert and enforce those provisions
directly against you on its own behalf.
16. TERM; TERMINATION
Either
you or Symptomsfind.net may terminate your right to use
Symptomsfind.net at any time, with or without cause, upon
notice. Symptomsfind.net also reserves the right to
terminate or suspend your Symptomsfind.net membership
without prior notice, but Symptomsfind.net will confirm
such termination or suspension by subsequent notice. The provisions of
paragraphs 11 (Copyright), 12 (License, and Idea Submission), 13
(Indemnification), 14 (Waiver, Release and Limitation of Liability), 15
(Third Party Rights), and 17 (Miscellaneous) shall survive any
termination of this Agreement.
17. MISCELLANEOUS
This
Agreement shall be governed by and construed in accordance with the
laws of the State of California. You agree that any legal action or
proceeding between Symptomsfind.net and you for any purpose
concerning this Agreement or the parties' obligations hereunder shall
be brought exclusively in a court of competent jurisdiction sitting in
the city of Newport Beach, California, United States.
18. NOTICE
Symptomsfind.net may deliver notice to you under this
Agreement by means of electronic mail, a general notice on Symptomsfind.net , or by written communication delivered by first
class U. S. mail to your address on record in Symptomsfind.net account information. You may give notice to Electronic
Symptomsfind.net at any time via electronic mail to Symptomsfind.net or by letter delivered by first class postage prepaid U. S.
mail or overnight courier to the following address:
Symptomsfind.net
21502C Lake Forest Drive
Lake Forest Ca 92630
Attn: CTO
Electronic Mail: tech@symptomsfind.net
19. SEVERABILITY
The provisions of this Agreement are severable, and in the event any
provision hereof is determined to be invalid or unenforceable, such
invalidity or unenforceability shall not in any way affect the validity
or enforceability of the remaining provisions hereof.
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The information contained on this site is for the sole purpose of
being informative and is not and should not be used or relied upon as medical
advice. Seek the advice of your physician, nurse
Or other qualified health care provider before you undergo any treatment or
for answers to any questions you may have regarding a medical symptom or medical condition.
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