Terms And Conditions Of Use

Effective 10/18/2010
The following terms constitute an agreement between you and TalkAboutHealth, Inc. (“TalkAboutHealth”), the operator of www.TalkAboutHealth.com (the “Site”). This agreement governs your use of the Site, both as a visitor and a registered member as described below.

BY ACCESSING OR USING THE SITE, YOU AGREE THAT YOU HAVE READ AND AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. TO THE EXTENT YOU REGISTER ON THE SITE AS A MEMBER, THEN IN ADDITION TO THE TERMS THAT ARE APPLICABLE TO ALL USERS OF THE SITE, THE TERMS THAT APPLY ONLY TO MEMBERS SHALL APPLY TO YOU TOO.


1. WARNING: This Site Does Not Provide Medical Advice
ALL OF THE INFORMATION PROVIDED OR TRANSMITTED ON THE SITE OR BY OTHER USERS OF THE SITE, SUCH AS CONVERSATIONS, TEXT, TREATMENTS, DOSAGES, OUTCOMES, CHARTS, PATIENT PROFILES, GRAPHICS, PHOTOGRAPHS, IMAGES, ADVICE, MESSAGES, FORUM POSTINGS, AND ANY OTHER MATERIAL PROVIDED ON THE SITE ARE FOR INFORMATIONAL PURPOSES ONLY AND ARE NOT A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE OR TREATMENT. ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTH PROVIDER WITH ANY QUESTIONS YOU MAY HAVE REGARDING YOUR HEALTH. NEVER DISREGARD PROFESSIONAL MEDICAL ADVICE OR DELAY IN SEEKING IT BECAUSE OF SOMETHING YOU HAVE READ OR HEARD ON THIS SITE. IF YOU THINK YOU MAY HAVE A MEDICAL EMERGENCY, CALL YOUR DOCTOR OR 911 IMMEDIATELY. TALKABOUTHEALTH DOES NOT RECOMMEND OR ENDORSE ANY SPECIFIC TESTS, PHYSICIANS, PRODUCTS, PROCEDURES, OPINIONS, OR OTHER INFORMATION THAT MAY BE MENTIONED ON THE SITE. RELIANCE ON ANY INFORMATION PROVIDED BY TALKABOUTHEALTH, BY PERSONS APPEARING ON THE SITE AT THE INVITATION OF TALKABOUTHEALTH, OR BY OTHER MEMBERS IS SOLELY AT YOUR OWN RISK.


2. Use Of Site By Both Members And Non-Members
You agree that under no circumstances will you use any automated means (such as but not limited to: bots, spiders or scrapers) to access, extract or copy any content on this site. You agree that you will not post to or allow access through this site, any computer program, routine, script or any similar measure that may damage or interfere with the use of this Site or that may be damaging to any other computer. You agree that you will not use any means to make a permanent (non-cache) copy or intercept any data transmitted to, from, or through this Site. You agree that you will not attempt to make this Site unavailable through denial of service (DoS) attacks or any other means. You agree that you shall not use this Site or any information acquired from this site to send any commercial communications such as SPAM, or knowingly allow anybody else to use your account to do so.


3. Use of the Site By Members
a. Membership Eligibility: To become a member and access the area and features on this Site reserved for members (the “Member Area”), TalkAboutHealth requires that you are:
i. a citizen of and are located in the United States,
ii. 18 years or older (persons under the age of 18 are prohibited from registering as members. By registering as a member you represent that you are age 18 or older.), and
iii. either
1. a presently or previously diagnosed patient of one of the conditions that TalkAboutHealth supports,
2. a caregiver, family member, friend, or legal guardian for a patient eligible to join TalkAboutHealth,
3. a concerned or at-risk individual,
4. a health care professional (e.g. doctor, nurse, pharmacist, health researcher, etc.), or
5. a guest as authorized by a TalkAboutHealth member or employee.
b. Member Password And Login Identity: You agree and understand that you are primarily responsible for maintaining the confidentiality of your username and password for the Site. You also agree and understand that you are fully responsible for all activities that occur under your password or account with or without your knowledge. You understand that you should not reveal your username and password to any other person. If you knowingly provide your username and password information to another person, TalkAboutHealth may, in its sole discretion, suspend or terminate your account. You agree and understand that it is your obligation to immediately notify TalkAboutHealth of any unauthorized use of your membership password or username or any other breach of security, at support@talkabouthealth.com. Knowingly failing to do so is a breach of this agreement.
c. Member Notices: If you register as a member, you agree that TalkAboutHealth may send notices to you regarding your membership with TalkAboutHealth via email at the email address you provide when registering to become a member (or which you later update using the Notification Settings page of the Site).
d. Service Communications: In the course of using the Site, TalkAboutHealth or its members may communicate with you via email, IM, social network messaging, SMS, Voice Over IP (VOIP) or other channels (collectively “Communication Channels”). For the purposes of this agreement, whenever the Site or Members Area is referenced, it shall also be deemed to include any communications made through the Communication Channels. You agree to receive communications through the Communication Channels and to have communications sent by you through the Communication Channels redirected which are specific to your membership and necessary for the normal functioning of the Site. You also agree to have your communications posted publicly and in the Members Area of the Site subject to the Privacy Policy and the terms of this Agreement.
e. Membership Information: You represent and warrant that the information you provide about yourself when becoming a member of this Site, and any further information that you provide when updating your information or providing information to other users of this site is fully accurate and not misleading. While all members must agree to provide accurate information about themselves, TalkAboutHealth cannot guarantee, and has no way to confirm, that any information a Member provides is correct. You understand and agree that TalkAboutHealth is not responsible for any inaccurate information provided by other users, and that you should use caution before believing any information provided by other users.
f. Communications Posted to the Members Area:
i. Copyright: You (or the author) own the copyright in the messages, images, and other content you post to or transmit through the Site, but by posting or transmitting such content you agree to grant TalkAboutHealth and our affiliates the non-exclusive, irrevocable, perpetual, worldwide license to use, copy, display, perform, distribute, translate, edit, and create derivative works of your postings, subject to the terms of this agreement and the Privacy Policy.
ii. Member Communications: You agree not to post, communicate or upload any information or other content on the Site, or provide or make available to any person through the Site, content that
1. is false, inaccurate or misleading;
2. is obscene or indecent;
3. infringes any copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy of any party; or
4. is defamatory, libelous, threatening, abusive, hateful, or contains pornography.
You agree not to interfere with other members' use and enjoyment of Site. You agree to not harass, threaten, solicit, overly promote personal interests, stalk or use expressions of bigotry, racism, hatred, or profanity. You agree to not use the Site to conduct any activity that is illegal, provide instructional information about illegal activities, promote physical harm or injury against any group or individual, or to violate the rights of others. You understand that all content posted on or transmitted through the Site is the sole responsibility of the person who transmitted that information (the Information Content Provider, or ICP) and that TalkAboutHealth (the Interactive Computer Service, or ICS) will not be liable for any content. You understand that you might be exposed to content that is offensive, illegal, harmful to minors, indecent or otherwise objectionable. You acknowledge that all content accessed by you using the Site is at your own risk and you agree to be solely responsible for any damage or loss to any party resulting therefrom.
iii. Monitoring: TalkAboutHealth has no obligation to and does not prescreen postings or conversations and is not responsible for their content. However, we will occasionally remove postings that, in our sole discretion, violate this Agreement or the Privacy Policy. We also reserve the right to remove any posting for any reason. We encourage you to notify us of inappropriate or illegal content at support@talkabouthealth.com.
g. Disclosures to Third Parties: You agree not to disclose to any person or entity personally identifiable information about other members that you learn using this Site (whether posted in the Member Area by a member or communicated to you by a member) without the express consent of such member. You may disclose information of a general nature (that could not identify the member who provided such information or whom such information is about) to third parties outside this Site, subject to the below restriction on non-commercial use.
h. Non-Commercial Use: Any content or information that appears on this site is for the personal use of members of this site, and may not be used in a commercial capacity without the permission of TalkAboutHealth. Organizations, companies, or businesses may not become members of without the permission of TalkAboutHealth, and individual members are forbidden from using the site to further their own commercial interest, such as by promoting or advertising their products or services through this site. If you are a commercial entity and are interested in this site, please contact us at support@talkabouthealth.com.
i. Membership Termination: You agree that TalkAboutHealth may, with or without cause, and at TalkAboutHealth's sole discretion, immediately suspend or terminate your TalkAboutHealth membership and access to the Member Area without prior notice. Without limiting the foregoing, the following may lead to a termination by TalkAboutHealth of a member's membership and use of the Site: (a) breaches or violations of this Agreement or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated membership cancellation), (d) discontinuance or material modification to TalkAboutHealth (e) unexpected technical issues or problems, and (f) extended periods of inactivity. TalkAboutHealth has no obligation to maintain, store, or transfer to you information or data that you have posted on or uploaded to the Site.


4. Notice and Take Down Procedures and Copyright Agent
If you believe any materials accessible on or from TalkAboutHealth infringes your copyright, trademark or other legal rights, you may request removal of those materials (or access thereto) from TalkAboutHealth by contacting TalkAboutHealth at support@talkabouthealth.com.


5. Privacy
You agree that you have read, understood and accept the terms of TalkAboutHealth's Privacy Policy. This policy governs the collection, use, and sharing of personal and non-personal information from you when using the Site. If the Privacy Policy is modified, we will notify you via the email that you have provided us for Member Notices.


6. Links To Third Party Sites
Some links on TalkAboutHealth will let you leave TalkAboutHealth's site. The linked sites are not under the control of TalkAboutHealth and TalkAboutHealth is not responsible for the contents of any linked site or any link contained in a linked site. TalkAboutHealth is providing these links to you only as a convenience, and the inclusion of any link in no way implies endorsement by TalkAboutHealth of such linked site.


7. Modifications To This Agreement
We reserve the right to modify this Agreement or the Privacy Policy at any time by posting amended terms on this Site. If there is a change to the Privacy Policy or this Agreement, we will notify you via the email provided for Member Notices. However, we still encourage you to review this Agreement and the Privacy Policy periodically for any updates or changes, which will have an update effective date.


8. Fees
Membership with TalkAboutHealth is currently free. TalkAboutHealth Inc. reserves the right to from time to time change the terms of this Agreement and charge for membership and/or to provide additional optional services for a fee.


9. Disclaimer Of Warranties
TALKABOUTHEALTH MAKES NO REPRESENTATIONS ABOUT THE SUITABLITY OF THE MATERIALS PUBLISHED, TRANSMITTED, OR MADE AVAILABLE ON THIS SITE OR THROUGH ITS SERVICES FOR ANY PURPOSE. THE SITE AND THE CONTENT AND SERVICES MADE AVAILABLE ON THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TALKABOUTHEALTH DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIES AND REPRESENTATIONS, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, WITH REGARD TO THE SITE, THE SITE CONTENT, OR ANY ADVICE OR SERVICES PROVIDED THROUGH THE SITE TO THE EXTENT PERMITTED BY LAW. TALKABOUTHEALTH DOES NOT WARRANT THAT ACCESS TO THE SITE OR ITS CONTENT OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SITE WILL BE CORRECTED. THE ADVICE, RECOMMENDATIONS, INFORMATION, AND CONCLUSIONS POSTED, TRANSMITTED OR EMAILED BY OTHER MEMBERS OF THE SITE ARE NOT IN ANY WAY VETTED, APPROVED OR ENDORSED BY TALKABOUTHEALTH, AND YOU USE SUCH INFORMATION AT YOUR OWN RISK.


10. Limitation Of Liability
UNDER NO CIRCUMSTANCES SHALL TALKABOUTHEALTH, ITS PARTNERS, CONTRIBUTORS, AGENTS, EMPLOYEES, DIRECTORS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES (EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) DUE TO YOUR USE OF THIS SITE OR DUE TO YOUR RELIANCE ON ANY OF THE CONTENT CONTAINED OR THE SERVICES PROVIDED ON THE SITE.


11. Indemnification
You agree to indemnify and hold harmless TalkAboutHealth, its officers, employees, agents, subsidiaries, affiliates and other partners, 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 this Agreement.


12. Governing Law And Venue
This agreement shall be governed by the laws of the State of New York and the applicable federal laws of the United States of America. All disputes arising under, or in any way connected with membership in or use of the Site, shall be litigated exclusively in the state and federal courts residing in the State of New York, and in no other court or jurisdiction. You hereby submit to the jurisdiction of the state and federal courts sitting in the State of New York. BY AGREEING TO THIS AGREEMENT, YOU ARE: (1) WAVING CLAIMS THAT YOU MIGHT OTHERWISE HAVE AGAINST US BASED ON THE LAWS OF OTHER JURISDICTIONS, INCLUDING YOUR OWN; (2) IREVOCABLY CONSENTING TO THE EXCLUSIVE JURISDICTION OF, AND VENUE IN, STATE AND FEDERAL COURTS IN THE STATE OF NEW YORK OVER ANY DISPUTES OR CLAIMS YOU HAVE WITH US; AND (3) SUBMITTING YOURSELF TO THE PERSONAL JURISDICTION OF COURTS LOCATED IN THE STATE OF NEW YORK FOR THE PURPOSE OF RESOLVING ANY SUCH DISPUTES OR CLAIMS.


13. Miscellaneous Terms
If any provision of this Agreement is held to be unenforceable for any reason, that portion shall be construed in a manner consistent with the applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining provisions will be unaffected and remain in full force and effect. For any questions or comments, or to report violations of this agreement, let us know, or contact us at: support@talkabouthealth.com.


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