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Terms and Conditions
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE.
By accessing or using this site, you accept and agree to these following Terms
and Conditions without exception. If you do not accept and agree to all of these
Terms and Conditions of use, do not use this site!
DoINeedSpineSurgery.com ("DoINeedSpineSurgery") may revise and update
these Terms and Conditions at any time in its sole discretion. Your access and
use whether contained here or elsewhere on the site, and without prior notice
of the DoINeedSpineSurgery website ("DoINeedSpineSurgery Site," or
the "Site,") constitutes your unequivocal acceptance of all Terms
and Conditions.
In consideration for accessing or using this site, you expressly agree to indemnify
and hold DoINeedSpineSurgery completely harmless from and against any and all
claims arising from such access or use. Further, you waive and release
DoINeedSpineSurgery
against any and all claims, known or unknown, existing or that may arise later,
in any way related to your access or use. You hereby further waive the provisions
of California Civil Code Section 1542, which state: " A general release
does not extend to claims which the creditor does not know or suspect to exist
in his favor at the time of executing the release, which if known by him must
have materially affected his settlement with the debtor."
THE SITE DOES NOT PROVIDE DIAGNOSES NOR TREATMENTS
The contents of the DoINeedSpineSurgery Site, such as text, graphics, images,
information obtained from DoINeedSpineSurgery's licensors, and other material
("Content") contained on the DoINeedSpineSurgery Site are for informational
purposes only and should not be used to diagnose or treat a health problem or
disease. The Content is not intended to be nor should it be used as a substitute
for professional diagnosis or treatment in any way.
Do not use the information found on DoINeedSpineSurgery.com as a substitute
for professional evaluation and treatment. Any information you find here or
on websites which we link to should be verified with your Professional Health
Care Provider. Consult your Professional Health Care Provider with any specific
medical questions or problems you may have.
If you think you may have a medical emergency or any condition requiring immediate
attention, call your doctor or 911 immediately. DoINeedSpineSurgery 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 DoINeedSpineSurgery, its agents or employees, others appearing on
the Site at the invitation of DoINeedSpineSurgery, or other visitors to the
Site is solely at your own risk.
The Site may contain health- or medical-related materials that you may find
sexually explicit or otherwise offensive. DoINeedSpineSurgery, its licensors,
and its suppliers have no control over and accept no responsibility for how
this scientific and medical information is viewed in your local community. You
are solely responsible for compliance with the laws applicable to your country,
state, and local community of residence.
Medical advice provided via Private Physician to Private Patient Electronic
Consultations using DoINeedSpineSurgery's TELEPHONECONSULTATION facilities is
expressly the responsibility of the licensed physician with whom the consultation
is conducted. By accepting the terms and conditions of this site, you agree
not to hold DoINeedSpineSurgery responsible directly or indirectly, for any
loss, damage, injury, cost or expense. Reliance on any information provided
by DoINeedSpineSurgery, its agents or employees, others appearing on the Site
at the invitation of DoINeedSpineSurgery, or other visitors to the Site is solely
at your own risk.
Your access or use of this site does not create in any way, a physician patient
relationship, any sort of confidential relationship, or any other relationship
that would give rise to any duties on the part of DoINeedSpineSurgery its agents
or employees.
Any information related to your physical or mental condition you voluntarily
disclose via this site shall be disclosed at your own risk. You understand and
agree that DoINeedSpineSurgery takes no responsibility for the privacy or confidentiality
of the information you disclose. You understand that certain information related
to your physical or mental condition maybe subject to rights of privacy under
state and federal. By your use or access of this site you waive any and all
claims against DoINeedSpineSurgery arising out of those rights.
The information contained on DoINeedSpineSurgery.com is "AS IS",
with no written or implied warranty. Further we do not warrant, guarantee, or
make any representations regarding the use, or the results of use in terms of
correctness, completeness, accuracy, reliability, currentness, or otherwise,
the information contained on this web site.
The users of this site assume all risks of use and shall indemnify and hold
DoINeedSpineSurgery.com, its directors, officers, employees, and agents harmless
from and against any and all damages, liabilities, losses, costs, and expenses,
including reasonable attorney's fees, arising out of or related to use of information,
services or products offered and/or presented in or at this site.
CHILDREN'S PRIVACY
We are committed to protecting the privacy of children. You should be aware
that this Site is not intended or designed to attract children under the age
of 13. We do not collect personally identifiable information from any person
we actually know is a child under the age of 13.
USE OF CONTENT
DoINeedSpineSurgery authorizes you to view or download a single copy of the
material on the DoINeedSpineSurgery Site solely for your personal, noncommercial
use if you include the following copyright notice: "Copyright (c) 2004,
DoINeedSpineSurgery.com. All rights reserved" and other copyright and proprietary
rights notices which were contained in the Content. Any special rules for the
use of certain software and other items provided on the DoINeedSpineSurgery
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 DoINeedSpineSurgery 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 DoINeedSpineSurgery. All rights not expressly
granted herein are reserved to DoINeedSpineSurgery and its licensors. If you
violate any of these Terms and Conditions, your permission to use the Content
automatically terminates and you must immediately destroy any copies you have
made of any portion of the Content.
LIABILITY OF DoINeedSpineSurgery AND ITS LICENSORS
The use of the DoINeedSpineSurgery Site and the Content is at your own risk.
When using the DoINeedSpineSurgery Site, information will be transmitted over
a medium which is beyond the control and jurisdiction of DoINeedSpineSurgery
and its suppliers. Accordingly, DoINeedSpineSurgery assumes no liability for
or relating to the delay, failure, interruption, or corruption of any data,
communications, or other information transmitted in connection with use of the
DoINeedSpineSurgery Site.
The DoINeedSpineSurgery Site and the content are provided on an "as is"
basis. DoINeedSpineSurgery, ITS LICENSORS, AND ITS 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, DoINeedSpineSurgery, its licensors, and its
suppliers make no representations or warranties about the following:
The accuracy, reliability, completeness, currentness, or timeliness of the
Content, software, text, graphics, links, or communications provided on or through
the use of the DoINeedSpineSurgery Site or DoINeedSpineSurgery.
The satisfaction of government regulations requiring disclosure of information
on prescription drug products with regard to the Content contained on the
DoINeedSpineSurgery
Site.
In no event shall DoINeedSpineSurgery, its licensors, its suppliers, or any
third parties mentioned on the DoINeedSpineSurgery 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
DoINeedSpineSurgery
Site or the Content, whether based on warranty, contract, tort, or any other
legal theory, and whether or not DoINeedSpineSurgery is advised of the possibility
of such damages.
By your use and access, you agree that DoINeedSpineSurgery shall be liable
only to the extent of actual out of pocket damages incurred by you, not to exceed
U.S.$1000 and excluding pain and suffering. DoINeedSpineSurgery is not liable
for any personal injury, including death, caused by your use or misuse or arising
from your access of the Site, Content, or Public Area (as defined below). Any
claims arising in connection with your use of the Site, any Content, or the
Public Areas must be brought within one (1) year of the date of the event giving
rise to such action occurred. 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 content
of any type that infringe or violate any rights of any party. By submitting
communications or content 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--DoINeedSpineSurgery
a royalty-free, perpetual, irrevocable, world-wide 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.
DoINeedSpineSurgery
may sublicense its rights through multiple tiers of sublicenses.
DoINeedSpineSurgery LIVE 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. DoINeedSpineSurgery 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:
Using a Public Area for any purpose in violation of local, state, national,
or international laws;
Posting material that infringes on the intellectual property rights of any
party or on the privacy or publicity rights of any party;
Posting material that is unlawful, obscene, defamatory, threatening, harassing,
abusive, slanderous, hateful, or embarrassing to any other person or entity
as determined by DoINeedSpineSurgery in its sole discretion or pursuant to local
community standards DoINeedSpineSurgery takes no responsibility for monitoring
such content or to evaluate it;
Posting advertisements or solicitations of business; 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);
Posting chain letters or pyramid schemes;
Impersonating another person;
Distributing viruses or other harmful computer code;
Harvesting or otherwise collecting information about others, including email
addresses, without their consent;
Allowing any other person or entity to use your identification for posting
or viewing comments;
Posting the same note more than once or "spamming"; or
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
DoINeedSpineSurgery, exposes DoINeedSpineSurgery or any of its customers or
suppliers to any liability or detriment of any type.
DoINeedSpineSurgery reserves the right (but is not obligated) to do any or
all of the following:
Record the dialogue in public chat rooms.
Investigate an allegation that a communication(s) do(es) not conform to the
terms of this section and determine in its sole discretion to remove or request
the removal of the communication(s).
Remove communications which are abusive, illegal, or disruptive, or that otherwise
fail to conform with these Terms and Conditions.
Terminate a user's access to any or all Public Areas and/or the
DoINeedSpineSurgery
Site upon any breach of these Terms and Conditions.
Monitor, edit, or disclose any communication in the Public Areas.
Edit or delete any communication(s) posted on the DoINeedSpineSurgery Site,
regardless of whether such communication(s) violate these standards.
DoINeedSpineSurgery reserves the right to take any action it deems necessary
to protect the personal safety of our guests or the public.
DoINeedSpineSurgery
has no liability or responsibility to users of the DoINeedSpineSurgery Site
or any other person or entity for performance or nonperformance of the aforementioned
activities.
ADVERTISEMENTS AND LINKS TO OTHER SITES
DoINeedSpineSurgery does not endorse the content on any third-party websites.
DoINeedSpineSurgery is not responsible for the content of linked third-party
sites, sites framed within the DoINeedSpineSurgery 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. DoINeedSpineSurgery does not endorse any product
advertised on the DoINeedSpineSurgery Site.
INDEMNITY
You agree to defend, indemnify, and hold DoINeedSpineSurgery, its officers,
directors, employees, agents, licensors, and suppliers, harmless from and against
any claims, actions or demands, liabilities and settlements including without
limitation, reasonable legal and accounting fees and court costs, resulting
from, or alleged to result from, your violation of these Terms and Conditions.
GENERAL
DoINeedSpineSurgery is based in San Francisco, California, in the United States
of America. DoINeedSpineSurgery 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
DoINeedSpineSurgery
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: Liability, User Submissions, Indemnity, Jurisdiction, and
Complete Agreement.
JURISDICTION
You expressly agree that exclusive jurisdiction for any dispute with
DoINeedSpineSurgery,
or in any way relating to your use of the DoINeedSpineSurgery Site, resides
in the courts of the State of California, County of San Francisco 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 DoINeedSpineSurgery or its affiliates, subsidiaries, employees,
contractors, officers, directors, telecommunication providers, and content providers.
These Terms and Conditions are governed by the internal substantive 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
DoINeedSpineSurgery Site, these Terms and Conditions constitute the entire agreement
between you and DoINeedSpineSurgery with respect to the use of the
DoINeedSpineSurgery
Site, and Content. Your use of the DoINeedSpineSurgery Site is also subject
to the DoINeedSpineSurgery Privacy Policy.
Thank you for your cooperation. We hope you find the DoINeedSpineSurgery Site
helpful and convenient to use! Questions or comments regarding this website
should be directed by electronic mail to service information@marketdawg.com
or via U.S. mail to DoINeedSpineSurgery.com., 55 Santa Monica Way, San Francisco,
CA 94127
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