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Terms & Conditions |
FIBROID CHOICE©
TERMS AND CONDITIONS OF USE 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! FIBROID CHOICE© may revise and update these Terms and conditions at any time. Your continued usage of the Fibroid Choice© website (the "Site") will mean you accept those changes. INDEX The contents of the Fibroid Choice©, such as text, graphics, images, information obtained from Fibroid Choice© licensers, and other material ("Content") contained on the Fibroid Choice© 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 Fibroid Choice© Site! If you think you may have a medical emergency, call your doctor or 911 immediately. Fibroid Choice© 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 Fibroid Choice© employees, or others appearing on the Site at the invitation of Fibroid Choice©, 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. Fibroid Choice© has no control over, and accepts no responsibility for, such materials. You are solely responsible for compliance with the laws applicable to your municipal, state or country of residence. PRIVACY. We are committed to protecting the privacy of people. You should be aware that this Site is not intended or designed to attract persons under the age of 18. We do not collect personally identifiable information from any person we actually know is under the age of 18. USE OF CONTENTS. Fibroid Choice© authorizes you to view or download a single copy of the material on the Fibroid Choice© Site solely for your personal, noncommercial use if you include the following copyright notice: "Copyright 1999, Fibroid Choice©, All rights reserved" and other copyright and proprietary rights notices which are contained in the Contents, Any special rules for the use of certain software and other items provided on the Fibroid Choice© Site may be included elsewhere within the Site and are incorporated by reference into these Terms and Conditions . The Contents herein are protected by copyright under both United States and foreign laws. Title to the Contents remains with Fibroid Choice©. Any use of the Contents not expressly permitted by these Terms and Conditions is a breach of these Terms and Conditions and may violate copyright, trademark, and other laws. Contents and features are subject to change or termination without notice in the editorial discretion of Fibroid Choice©. All rights not expressly granted herein are reserved to Fibroid Choice©. If you violate any of these Terms and Conditions, your permission to use the Contents automatically terminates and you must immediately destroy any copies you have made of any portion of the Contents. LIABILITY OF FIBROID CHOICE© The use of the Fibroid Choice© Site, and the Contents is at your own risk . When using the Site, information will be transmitted over a medium which is beyond the control and jurisdiction of Fibroid Choice©. Accordingly, Fibroid Choice© 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 Fibroid Choice© Site. The Fibroid Choice© Site and the contents are provided on an "as is" basis. Fibroid Choice©, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS 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, Fibroid Choice© makes no representations or warranties about the following:
IN NO EVENT SHALL FIBROID CHOICE©, OR ANY THIRD PARTIES MENTIONED ON THE FIBROID CHOICE© 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 FIBROID CHOICE© SITE OR THE CONTENTS, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT FIBROID CHOICE© IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FIBROID CHOICE© SHALL BE LIABLE ONLY TO THE EXTENT OF ACTUAL DAMAGES INCURRED BY YOU, NOT TO EXCEED U.S. $1000. FIBROID CHOICE© 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 CONTENTS, OR THE PUBLIC AREAS MUST BE BROUGHT WITHIN ONE (1) YEAR OF THE DATE OF THE EVENT WHICH GAVE RISE TO SUCH ACTION. 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 contents of any type that infringe or violate any rights of any persons or entities. By submitting communications or Contents 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 Fibroid Choice© 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. Fibroid Choice© may sublicense its rights through multiple tiers of sublicencees. Fibroid Choice© 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. Fibroid Choice© 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:
Fibroid Choice© reserves the right (but is not obligated) to do any or all of the following:
Fibroid Choice© has no liability or responsibility to users of the Fibroid Choice© Site or any other person or entity for performance or nonperformance of the aforementioned activities. ADVERTISEMENTS AND LINKS TO OTHER SITES Fibroid Choice© does not endorse the content on any third-party websites. Fibroid Choice© is not responsible for the content of linked third-party sites, sites framed within the Fibroid Choice© 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. Fibroid Choice© does not endorse any product advertised on the Fibroid Choice© Site. INDEMNITY You agree to defend, indemnify, and hold Fibroid Choice©, its officers, directors, employees, agents, licensers, 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 Fibroid Choice© is based in New York, New York, in the United States of America. Fibroid Choice© makes no claims that the Content is appropriate or may be downloaded outside of the United States. Access to the Contents may not be legal by certain persons or in certain countries. If you access the Fibroid Choice© 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. JURISDICTION You expressly agree that exclusive jurisdiction for any dispute with Fibroid Choice©, or in any way relating to your use of the Fibroid Choice© Site, resides in the courts of the State of New York and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the State of New York in connection with any such dispute including any claim involving Fibroid Choice© or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers, and content providers. These Terms and Conditions are governed by the internal substantive law of the State of New York, 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 Fibroid Choice© Site, these Terms and Conditions constitute the entire agreement between you and Fibroid Choice© with respect to the use of the Fibroid Choice© Site, and Content. Your use of the Fibroid Choice© Site is also subject to the Fibroid Choice© Privacy Policy. Thank you for your cooperation. We hope you find the Fibroid Choice© Site helpful and convenient to use! Questions or comments regarding this website should be directed to Fibroid Choice, 233 East 70th Street, New York, New York 10021. Copyright 1999-2003 Fibroid Choice©, All Rights Reserved. |
Updated June 25, 2003
Copyright Ernst Bartsich, MD
All Rights Reserved