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Diabetes Self-Management Web Site Terms And Conditions Of Use
The following terms and conditions of use (the “Terms and Conditions) govern your use of the Diabetes Self-Management Web site (the “Site). The Site is made available by R.A. Rapaport Publishing, Inc. (the “Site Proprietor” or “we or “us). We may change the Terms and Conditions from time to time, and at any time without notice to you, by posting such changes on the Site. BY USING THE SITE, YOU ACCEPT AND AGREE TO THESE TERMS AND CONDITIONS AS APPLIED TO YOUR USE OF THE SITE. If you do not agree to these Terms and Conditions, you may not access or otherwise use the Site. By using the Site following any modifications to the Terms and Conditions, you agree to be bound by any such modifications to the Terms and Conditions.
1. Services Available on the Site. We may make certain content and services available to visitors and registrants of the Site. For example, you may be able to search, browse, and read news, articles, and other content, access and submit comments to our blog(s) (as further described below in Section 7), monitor and manage your magazine subscription account with us, order products, such as magazine subscriptions, subscription renewals and books, and sign-up for and receive e-mail newsletters (these services are hereinafter collectively referred to herein, together with the Site, as the “Site).
2. Orders for Purchases. Through the Site, you may be able to order or purchase products (such as magazine subscriptions, subscription renewals, and books) made available for ordering or purchase through the Site. You may only do so if, and you hereby represent and warrant that, you are domiciled in the United States and you are 18 years old or older. You agree to pay in full the prices for any purchases you make either by credit/debit card concurrent with your online order or by other payment means acceptable to the Site Proprietor. You agree to pay all applicable taxes. If payment is not received by us from your credit or debit card issuer or its agents, you agree to pay all amounts due upon demand by us.
3. Proprietary Rights. As between you and the Site Proprietor, the Site Proprietor owns, solely and exclusively, all rights, title and interest in and to the Site, all the content, code, data, and materials thereon, the look and feel, design, and organization of the Site, and the compilation of the content (including, for example, text, audio, photographs, illustrations, graphics, other visuals, video, copy, etc.), code, data, and materials on the Site, including but not limited to any copyrights, trademark rights, patent rights, moral rights, sui generis rights, and other intellectual property and proprietary rights therein. Your use of the Site does not grant to you ownership of any content, code, data, or materials you may access on the Site. Any commercial use or exploitation of the Site is strictly prohibited. You may view the content on the Site on your personal computer or other internet-compatible device, and make single copies or prints of the content on the Site for your personal, non-commercial use only. Any commercial distribution, publishing, or exploitation of the Site, or any content, code, data, or materials on the Site, is strictly prohibited unless you have received the express prior permission of the Site Proprietor or the applicable rights holder. You may not otherwise download, display, copy, reproduce, distribute, modify, perform, transfer, create derivative works from, sell, or otherwise exploit any content, code, data, or materials on the Site. If you make other use of the Site, or the content, code, data, or materials thereon, except as otherwise provided above, you may violate copyright and other laws of the United States, other countries, as well as applicable state laws, and may be subject to liability for such unauthorized use. The Site Proprietor will aggressively enforce its intellectual property rights to the fullest extent of the law. We do not grant any license or other authorization to any user of our content, trade names, trademarks, or service marks.
4. Trademarks. The trademarks, logos, service marks, and trade names (collectively the “Trademarks”) displayed on the Site are registered and unregistered Trademarks of the Site Proprietor and others and may not be used in connection with products and/or services that are not related to, associated with, or sponsored by their rights holders that are likely to cause customer confusion, or in any manner that disparages or discredits their rights holders. All Trademarks not owned by the Site Proprietor that appear on the Site, if any, are the property of their respective owners. Nothing contained on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Site without the written permission of the Site Proprietor or the third party that may own the applicable Trademark. Your misuse of the Trademarks displayed on the Site is strictly prohibited. The Site Proprietor will aggressively enforce its Trademark rights to the fullest extent of the law.
7. Blogging. Our Site contains blog(s). Everyone is welcome to submit comments to our blog(s), but you must first register on the Site to do so. By submitting comments to our blog(s), you agree to follow the guidelines set forth in this Section, as well as all of the terms and conditions set forth in these Terms and Conditions which govern your conduct while using the Site. The Site Proprietor will not accept responsibility for information included in any comments posted on our blog(s) by other users. You understand that the blog posts and comments to such blog posts (whether posted by us, by our agents or bloggers, or by users) do not constitute medical advice or recommendation of any kind, and you should not rely on any information contained in such posts to replace consultations with your qualified health-care professionals to meet your individual needs. The opinions and other information contained in the blog posts and comments do not reflect the opinions or positions of the Site Proprietor. As with any other Submitted Materials, you understand and agree that the Site Proprietor has a royalty-free, unrestricted, worldwide, perpetual, irrevocable, non-exclusive and fully transferable, assignable, and sublicensable right and license to use, copy, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display your comments to our blog posts (in whole or part) and/or to incorporate them in other works in any form, media, or technology now known or later developed. By posting material on our blog(s), you are also giving the Site Proprietor the right to use such content for promotional and marketing purposes. We also reserve the right to decline to accept, to edit, or to remove comments to our blog(s) at any time for any or no reason. It is important to remember that comments submitted to a blog may be recorded and stored in multiple places, both on our Site and elsewhere on the Internet, which are likely to be accessible for a long time and that you have no control over who will read them eventually. It is therefore important that you are careful and selective about the personal information that you disclose about yourself and others, and in particular, you should not disclose sensitive, proprietary, or confidential information in your comments to our blog posts. You also may not offer to buy or sell any product or service on or through your comments submitted to our blog(s). Since not all communications are appropriate for our blog(s), if you want to have a person-to-person discussion, including about issues raised in a blog, consider getting in touch with the person directly for an “off-blog chat. We reserve the right, for any reason, in our sole discretion, to terminate, change, suspend or discontinue any aspect of our blog(s), including, but not limited to, content, features or hours of availability. We may also impose limits on certain features of the blog(s) or restrict your access to part or all of the blog(s) without notice or penalty if we believe you are in breach of the guidelines set forth in this Section 7, our terms and conditions or applicable law, or for any other reason without notice of liability.
8. User Conduct. You warrant and agree that, while using the Site (including, but not limited to, your participation in and submission of material to our blog[s]), you shall not upload, post or transmit to or distribute or otherwise publish through the Site any materials that: (a) are protected by copyright, or other proprietary or intellectual property right, without first obtaining permission from the proprietary or intellectual property rights holder; (b) are unlawful, threatening, harassing, profane, tortious, defamatory, vulgar, obscene, libelous, deceptive, fraudulent, contain explicit or graphic descriptions or accounts of sexual acts (including but not limited to sexual language of a violent or threatening nature directed at another individual or group of individuals), or are invasive of another’s privacy or hateful; (c) restrict or inhibit any other user from using and enjoying the Site; (d) constitute or encourage conduct that would constitute a criminal offense or give rise to civil liability; or (e) contain a virus or other harmful component, advertising of any kind, or false or misleading indications of origin or statements of fact.
You also warrant and agree that you shall not: (a) impersonate any person or entity or misrepresent your affiliation with any other person or entity; (b) upload, post, publish, transmit, reproduce, distribute, or in any way exploit any information or other material obtained through the Site for commercial purposes (other than as expressly permitted by the provider of such information or other material); (c) engage in spamming, flooding, harvesting of e-mail addresses or other personal information, spidering, “screen scraping,” “database scraping,” or any other activity with the purpose of obtaining lists of users, contact information, or other information, or send chain letters or pyramid schemes via the Site; or (d) obtain or attempt to obtain unauthorized access to other computer systems, materials, or information through any means. You agree that you will not use the Site in any manner that could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.
We have no obligation to monitor any content on or through the Site (including but not limited to our blog[s]) and we assume no such obligation. As a result, you may be exposed to content on the Site that you find offensive or objectionable; your use of the Site is at your own risk. You acknowledge and agree, however, that we do retain the right, but not the obligation, to monitor and review all materials posted to the Site (including but not limited to our blog[s]) and to disclose any information as necessary or appropriate to satisfy any law, regulation, or other governmental request, to operate the Site properly, or to protect ourselves and our users. We reserve the right to edit, refuse to post, or to remove any information or materials, in whole or in part, that, in our sole discretion, are unlawful, objectionable, unacceptable, undesirable, inappropriate, or in violation of these Terms and Conditions.
You agree that if you include a link from any other Web site to the Site, such link shall open in a new browser window. You agree not to link from any other Web site to this Site in any manner such that the Site, or any page of the Site, is “framed, surrounded or obfuscated by any other content, materials, or branding. We reserve the right to revoke your right to link to the Site from your Web site at any time upon written notice to you.
You agree to defend, indemnify, and hold the Site Proprietor and its directors, officers, employees, agents, and affiliates harmless from any and all claims, liabilities, costs, and expenses, including reasonable attorneys’ fees, arising in any way from your use of the Site, your placement or transmission of any message, content, information, software, or other materials through the Site, or your breach or violation of the law or of these Terms and Conditions. The Site Proprietor reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with the Site Proprietor’s defense of such claim.
9. Your Account and Password. We may enable you to establish an accounton the Site with a user name and password. If so, you are responsible for maintaining the strict confidentiality of your account password, and you are responsible for any activity under your account and password. You agree to (a) immediately notify us of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. It is your sole responsibility to control the dissemination and use of your password, control access to and use of your account, and notify the Site Proprietor when you desire to cancel your account on the Site. We will not be responsible or liable for any loss or damage arising from your failure to comply with this provision.
10. DISCLAIMER OF WARRANTIES. THE SITE, INCLUDING, WITHOUT LIMITATION, ALL SERVICES, CONTENT, FUNCTIONS, AND MATERIALS, IS PROVIDED “AS IS,” “AS AVAILABLE, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY FOR INFORMATION, DATA, DATA PROCESSING SERVICES, UPTIME OR UNINTERRUPTED ACCESS, ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, USEFULNESS, OR CONTENT OF INFORMATION, AND ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, AND WE HEREBY DISCLAIM ANY AND ALL SUCH WARRANTIES, EXPRESS AND IMPLIED. WE DO NOT WARRANT THAT THE SITE OR THE SERVICES, CONTENT, FUNCTIONS, OR MATERIALS CONTAINED THEREIN WILL BE TIMELY, SECURE, UNINTERRUPTED, OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. WE MAKE NO WARRANTY THAT THE SITE WILL MEET USERS’ REQUIREMENTS. NO ADVICE, RESULTS, OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. THE SITE PROPRIETOR ALSO ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING IN THE SITE OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO, OR AUDIO FROM THE SITE. IF YOU ARE DISSATISFIED WITH THE SITE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SITE.
WE TRY TO ENSURE THAT THE INFORMATION POSTED ON THE SITE IS CORRECT AND UP-TO-DATE. WE RESERVE THE RIGHT TO CHANGE OR MAKE CORRECTIONS TO ANY OF THE INFORMATION PROVIDED ON THE SITE AT ANY TIME AND WITHOUT ANY PRIOR WARNING. WE CANNOT, AND DO NOT, GUARANTEE THE CORRECTNESS, PRECISION, THOROUGHNESS, OR COMPLETENESS OF ANY OF THE INFORMATION AVAILABLE ON THE SITE, NOR WILL WE BE LIABLE FOR ANY INACCURACY OR OMISSION CONCERNING ANY OF THE INFORMATION PROVIDED ON THE SITE.
THE INFORMATION ON THE SITE (INCLUDING WITHOUT LIMITATION THE BLOG) IS PROVIDED WITH THE UNDERSTANDING THAT THE SITE PROPRIETOR (AND IN THE CASE OF BLOGS, THE BLOGGERS) ARE NOT ENGAGED IN RENDERING MEDICAL ADVICE OR RECOMMENDATION. YOU SHOULD NOT RELY ON ANY INFORMATION ON THE SITE OR BLOGS TO REPLACE CONSULTATIONS WITH QUALIFIED HEALTH CARE PROFESSIONALS TO MEET YOUR INDIVIDUAL MEDICAL NEEDS. PATIENTS AND THEIR CARETAKERS SHOULD CONSULT WITH A QUALIFIED HEALTH CARE PROFESSIONAL BEFORE UNDERTAKING ANY TREATMENT.
YOU SHOULD NOT RELY ON THE SITE TO MAINTAIN ANY DATA OR INFORMATION YOU SUBMIT; YOU SHOULD RETAIN ALL SUCH DATA AND INFORMATION IN YOUR OWN RECORDS FOR USE IN THE EVENT THAT THE SITE FAILS OR IS UNAVAILABLE, OR THE DATA OR INFORMATION IS LOST.
WITHOUT LIMITATION OF THE ABOVE IN THIS SECTION, THE SITE PROPRIETOR AND ITS AFFILIATES, SUPPLIERS, AND LICENSORS MAKE NO WARRANTIES OR REPRESENTATIONS REGARDING ANY PRODUCTS OR SERVICES ORDERED OR PROVIDED VIA THE SITE, AND HEREBY DISCLAIM, AND YOU HEREBY WAIVE, ANY AND ALL WARRANTIES AND REPRESENTATIONS MADE IN PRODUCT OR SERVICES LITERATURE, FREQUENTLY ASKED QUESTIONS DOCUMENTS, AND OTHERWISE ON THE SITE OR IN CORRESPONDENCE WITH THE SITE PROPRIETOR OR ITS AGENTS. ANY PRODUCTS AND SERVICES ORDERED OR PROVIDED VIA THE SITE ARE PROVIDED BY THE SITE PROPRIETOR “AS IS, EXCEPT TO THE EXTENT, IF AT ALL, OTHERWISE SET FORTH IN A LICENSE OR SALE AGREEMENT SEPARATELY ENTERED INTO IN WRITING BETWEEN YOU AND THE SITE PROPRIETOR OR ITS LICENSOR OR SUPPLIER.
11. LIMITATION OF LIABILITY. IN NO EVENT SHALL THE SITE PROPRIETOR OR ANY OF ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AFFILIATES, OR CONTENT OR SERVICE PROVIDERS, INCLUDING BUT NOT LIMITED TO BLOGGERS (COLLECTIVELY, THE “PROTECTED ENTITIES) BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING FROM, OR DIRECTLY OR INDIRECTLY RELATED TO, THE USE OF, OR THE INABILITY TO USE, THE SITE OR THE INFORMATION, CONTENT, MATERIALS, AND FUNCTIONS RELATED THERETO, YOUR PROVISION OF INFORMATION TO THE SITE OR ANY ORDERS OR PURCHASES, OR ANY PRODUCTS ORDERED OR PURCHASED, VIA THE SITE, INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE, OR ANTICIPATED PROFITS OR LOST BUSINESS OR LOST SALES, EVEN IF SUCH PROTECTED ENTITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO CERTAIN USERS. IN NO EVENT SHALL THE PROTECTED ENTITIES BE LIABLE FOR OR IN CONNECTION WITH ANY INFORMATION OR CONTENT POSTED, TRANSMITTED, EXCHANGED, OR RECEIVED BY OR ON BEHALF OF ANY USER OR OTHER PERSON ON OR THROUGH THE SITE. IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF THE PROTECTED ENTITIES TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM THE TERMS AND CONDITIONS OR YOUR USE OF THE SITE, OR FROM ANY ORDERS, PURCHASES OR PRODUCTS, EXCEED, IN THE AGGREGATE, $10.00.
12. Links from and to the Site. You acknowledge and agree that we have no responsibility for the accuracy or availability of information, content, products, services, advertising, code, or other materials which may or may not be provided by third party Web sites to which you may link from the Site (”Linked Sites). Links to Linked Sites do not constitute an endorsement by or association with us of such sites or the information, content, products, services, advertising, code, or other materials presented on or through such sites. We do not author, edit, or monitor these Linked Sites. You acknowledge and agree that we are not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such information, content, goods, or services available on such Linked Sites.
13. Applicable Laws. We control and operate this Site from our offices in the United States of America. We do not represent that materials on the Site are appropriate or available for use in other locations. Persons who choose to access this Site from other locations do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable.
14. Miscellaneous. The Terms and Conditions and the relationship between you and us shall be governed by the laws of the State of New York, without regard to its conflict of law provisions. You agree that any cause of action that may arise under the Terms and Conditions shall be commenced and be heard in the appropriate court in the State of New York, County of New York. You agree to submit to the personal and exclusive jurisdiction of the courts located within New York County in the State of New York. Our failure to exercise or enforce any right or provision of the Terms and Conditions shall not constitute a waiver of such right or provision. If any provision of the Terms and Conditions is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms and Conditions remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action by you arising out of or related to use of the Site or the Terms and Conditions must be filed by you within one (1) year after such claim or cause of action arose or be forever barred.
15. Modifications to the Site and the Services. We reserve the right, for any reason, in our sole discretion, to terminate, change, suspend, or discontinue any aspect of the Site, including, but not limited to, content, features, or hours of availability. We may also impose limits on certain features of the Site or restrict your access to part or all of the Site without notice or penalty if we believe you are in breach of our terms and conditions or applicable law, or for any other reason without notice of liability. The Site Proprietor maintains a policy that provides for the termination in appropriate circumstances of the Web site use privileges of users who are repeat infringers of intellectual property rights.
17. Advertisements. Our Website hosts advertisements, including banners and sponsored links, which are distinguished by the word “Advertisement”. Our editorial content is free of any commercial influence.
18. Copyright Act Agent. We respect the intellectual property rights of others, and require that the people who use the Site do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please forward the following information to the Site Proprietor’s Copyright Agent designated as such pursuant to the Digital Millennium Copyright Act, 17 U.S.C. § 512 (c)(2), named below:
• Your address, telephone number, and e-mail address;
• A description of the copyrighted work that you claim has been infringed;
• A description of where the alleged infringing material is located;
• A statement by you that you have a good faith belief that the disputed use is not authorized by you, the copyright owner, its agent, or the law;
• An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and
• A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.