Effective April 1, 2013
The following terms constitute an agreement (the “Agreement”) between you (the “User”) and the LAM Health Project (the “LHP”), the operator of www.LAMHealthProject.org (the “Site”). This Agreement governs your use of the Site. By accessing or using the Site, you agree to be bound by the terms of this Agreement.
This Site Does Not Provide Medical Advice
All of the material provided on the Site, such as 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 care 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 on this Site.
If you think you may have a medical emergency, call your doctor or 911 immediately. The LHP 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 the LHP or by other Members is solely at your own risk.
Acceptable and Lawful Use of Site by Users
Users shall not post or upload any information or other content on the Site that (a) is false, inaccurate or misleading; (b) is obscene or indecent; (c) infringes any copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy of any party; or (d) is defamatory, libelous, threatening, abusive, hateful, or contains pornography. Users shall not interfere with other Users’ use and enjoyment of the Site. Users may not use the Site to conduct any activity that is illegal or violates the rights of others, provide instructional information about illegal activities, or promote physical harm or injury against any group or individual.
You may not use any robot, spider, scraper, or other automated means to access the Site or content or services provided on the Site for any purposes. You may not post content on the Site that contains any viruses, Trojan horses, worms, time bombs, spiders, or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information. You shall not attempt to make the Site unavailable through denial-of-service attacks or similar means. You shall not use contact information provided by Users, or collect information about our Users, to facilitate the sending of unsolicited bulk communications such as SPAM or SPIM.
All the text, images, marks, logos, compilations (meaning the collection, arrangement and assembly of information) of the Site, including any Submissions (as defined below), and any of the foregoing sent to you by email or other means (collectively, the “Site Content”) are proprietary to the LHP or to third parties. Separate provisions apply to Health Data submitted by users and are defined below.
The LHP authorizes you to view, download, and print the Site Content subject to the following conditions: (a) you may only download and print the Site Content in limited quantities, as required to evaluate whether the goods and services displayed on the Site are appropriate for your intended use; (b) you may not modify the Site Content; (c) any displays or print outs of the Site Content must be marked “Copyright © 2013 The LAM Health Project (LHP). All rights reserved.”; and (d) you may not remove any copyright, trademark or other proprietary notices that have been placed in the Site Content. Except as expressly permitted above, copying, modifying reproduction, redistribution, republication, uploading, posting, transmitting, distributing or otherwise exploiting in any way the Site Content, or any portion of the Site Content, is strictly prohibited without the prior written permission of the LHP. In addition, you may not link to any part of the Site or any Site Content or frame or otherwise display in any manner the Site Content at any other web site or elsewhere without our prior written consent.
The LHP welcomes your comments regarding the Site and Site Content. In the event that you submit ideas, suggestions, materials or other information to the LHP, whether at the request of the LHP or through your use of the Site (all of the foregoing being “Submissions”), the Submissions will be deemed, and will remain, the sole property of the LHP. The Submissions will not be treated as confidential by the LHP or their respective Affiliates (as defined below), nor will such parties be liable for any use or disclosure of any Submissions. Without limiting the foregoing, the LHP will own all presently known or hereafter existing rights to the Submissions of every kind, in perpetuity, and will be entitled to unrestricted use of the Submissions for any lawful purpose whatsoever, commercial or otherwise, by any means, by any media, without compensation to the provider, author, creator or inventor of the Submissions (the “Participant”). Each Participant irrevocably and unconditionally waives and covenants not to assert any such rights against the LHP or its affiliates, employees, departments, successors, assigns, licensees, and customers (collectively, “the Affiliates”), as well as any users of the Site.
Links to Third Party Web Sites Are Not Endorsements
The Site contains links to third-party web sites. The linked sites are not under our control, and we are not responsible for the content of any linked site. We provide these links as a convenience only, and a link does not imply endorsement of, sponsorship of, or affiliation with the linked site by the LHP. Links to merchants or advertisers are owned and operated by independent retailers or service providers, and therefore, we make no warranties or representations regarding their products, services or business practices. You are encouraged to exercise appropriate due diligence before proceeding with any transaction with any of these third parties.
Modifications to this Agreement
We reserve the right to modify this Agreement at any time, and without prior notice, by posting amended terms on this Site. We encourage you to review this Agreement periodically for any updates or changes, which will be reflected by the revised date of the Agreement.
Disclaimer of Warranties
The Site and the content and services made available on the Site are provided on an “as is” and “as available” basis. The LHP disclaims all expressed 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. The LHP 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 or emailed by other Members of the Site are not in any way vetted, approved or endorsed by the LHP. You acknowledge that you use such information at your own risk.
Limitation of Liability
Under no circumstances shall the LHP and their respective 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 to your reliance on any of the content contained or the services provided therein.
You agree to indemnify, defend, and hold harmless the LHP and their respective Affiliates, from and against any claims, actions or demands, damages, expenses, liabilities and settlements, including without limitation, attorneys’ fees and other costs incurred or resulting from, or alleged to result from, your violation of this Agreement.
Members agree that the LHP has permission to send notices to you by email at the email address you provided on the Site.
Governing Law and Venue
This Agreement shall be governed by the laws of the Commonwealth of Massachusetts and the applicable federal laws of the United States of America. All disputes arising under, or resulting from, the membership in or use of the Site, shall be litigated exclusively in the state and federal courts within Suffolk or Middlesex Counties in the Commonwealth of Massachusetts.
No delay or failure to act by the LHP in exercising any of its respective rights occurring upon any noncompliance or default by you, with respect to any of the terms and conditions of this Agreement, will impair any such right or be construed to be a waiver thereof, and a waiver by the LHP of any of the covenants, conditions or agreements to be performed by you, will not be construed to be a waiver of any succeeding breach thereof or of any other covenant, condition or agreement hereof contained. As used in this Agreement, “including” means “including but not limited to.”
If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, illegal or unenforceable, under any present or future law, then as long as each party’s rights and obligations under this Agreement are not materially or adversely affected thereby, such provisions shall be fully severable, and the remaining provisions of the Agreement will remain in full force and effect to the greatest extent permitted by law. Except as otherwise expressly provided herein, this Agreement sets forth the entire agreement between you and the LHP, regarding its subject matter, and supersedes all prior promises, agreements or representations, whether written or oral, regarding such subject matter. You agree that the electronic text of this Agreement constitutes a “writing“, and your assent to the terms and conditions hereof constitutes a “signing” for all purposes.
Use of Name
The marks “LHP” and any other trademarked expressions used on this Site are proprietary to the LHP, and they may not be used in connection with any service or products, other than those provided by the LHP, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits the LHP. Any use of those marks, or any others displayed on the Site, will inure solely to the benefit of their respective owners.
All other brand names and logos that appear throughout the Site are marks owned by third parties.
All software used on the Site is proprietary to us or to third parties, and except as may be required to exercise the foregoing license, any redistribution, sale, decompilation, reverse engineering, disassembly, translation or other reduction of such software to human-readable form is prohibited.
You agree, represent and warrant, that your use of the Site and the Site Content, or any portion thereof, will be consistent with the foregoing license, covenants and restrictions and will neither infringe, nor violate the rights of any other party or breach any contract or legal duty to any other parties. In addition, you agree that you will comply with all applicable laws and regulations (the “Laws”) relating to the Site, the Site Content or your use of the same, and you will be solely responsible for your violations of any of the Laws.
The LHP may assign this Agreement, at any time, to a subsidiary, parent company or a successor to its business, as part of a merger or sale of substantially all of its assets. You may not assign or transfer this Agreement.
LAM Health Project
1909 Capitol Avenue, Suite 203
Sacramento, CA 95811