Terms and Conditions – Informed Healthcare Consumer

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Informed Healthcare Consumer ® Terms and Conditions

Use of www.informedhealthcareconsumer.com is subject to the following terms of use notice.

Acceptance of Terms of Use

This website, currently located at www.informedhealthcareconsumer.com, as well as all services related to this website (collectively, the “Site”) is provided by Informed Healthcare Consumer, LLC. The terms and conditions set forth in this terms of use notice (“Terms of Use”) shall govern and apply to your visit to and use of the Site. Accessing this website in any manner constitutes use of the Site and your agreement to be bound by these Terms of Use, our Privacy Policy and any additional terms and conditions that may apply to specific sections of the Site or to products and services available on or through the Site. If you do not agree to these Terms of Use, in whole or in part, please do not use this Site. We reserve the right to change or discontinue any content or feature of the Site, or modify these Terms of Use at any time, and such modifications shall be effective immediately upon the posting of the modified terms and conditions on this Site. By continuing to use the Site following an announcement of any such revisions, you will be deemed to have agreed to such updated Terms of Use, as modified. You agree to review
these Terms of Use periodically to be aware of such modifications, and your accessing or using the Site constitutes your acceptance of the Terms of Use as it appears at the time of your access or use.

Healthcare Disclaimer

The content, products and services offered herein are for informational and educational purposes only and should not be used, interpreted, or relied upon as professional medical, legal or financial advice. Nothing in the content, products or services should be considered, or used as a substitute for, medical advice, diagnosis or treatment. This Site, its products and services do not constitute the practice of any medical, nursing or other professional healthcare advice. You always should speak to your healthcare provider for diagnosis and treatment, including your specific medical needs. Informed Healthcare Consumer, LLC neither represents nor warrants that any particular content, product or service offered through this Site is safe, appropriate or effective for you. Users always should seek the advice of a physician or other qualified healthcare provider with any questions regarding personal health or medical conditions. Informed Healthcare Consumer, LLC does not recommend any specific healthcare professionals, healthcare facilities, medical procedures or medical information. If you have or suspect that you have a medical problem or condition, please contact a qualified healthcare professional. If you are located in the United States and are experiencing a medical emergency, please immediately dial 911 or call for emergency medical assistance on the nearest telephone. Similarly, you should consult with a licensed attorney or financial professional for any legal or financial matters. While Informed Healthcare Consumer, LLC makes every effort to keep our information current, please be aware that advances in medical science and the delivery of healthcare services are ongoing and, therefore, some information provided here may have become out-of-date since our most recent review. Reliance on any information provided by Informed Healthcare Consumer, LLC appearing on the Site is solely at your own risk.

Intellectual Property Rights

This website and its content are the copyright of Informed Healthcare Consumer ©2013. All rights reserved.

The marks, “Informed Healthcare ConsumerTM“, “Healthcare RoadmapsTM“ and the GPS Informed Healthcare Consumer logo are trademarks and/or service marks of Informed Healthcare Consumer, LLC. Our trademarks and trade dress may not be used in any manner for any purpose without our prior express written permission in each instance.

This Site and its contents are intended for your personal, noncommercial use. The Site contains copyrighted material, including, without limitation, text, software, photos, graphics, illustrations, images, and logos (collectively, the “Site Content”). This Site is protected by copyright as a collective work, pursuant to U.S. copyright laws, international conventions and other copyright laws. You may not modify, publish, adapt, transmit, participate in the transfer or sale, exhibit, distribute, display, reverse engineer, decompile, dissemble, copy, reproduce, republish, upload, post, display, transmit, frame or create derivative works from, or by any other means exploit any of the Site Content, in whole or in part. You may view, download, display and print one (1) copy of the Site Content for personal, noncommercial use only on a single computer or handheld device, provided that you agree to: (i) not alter or modify the materials in any way; (ii) not make any changes in or deletions of author attribution, trademark, legend, copyright notice or other proprietary notices; and (iii) not use the materials in a way that suggests an association with Informed Healthcare Consumer, LLC. Downloading or copying Site Content for other than personal, noncommercial use is expressly prohibited without the prior express written permission of Informed Healthcare Consumer, LLC. You further acknowledge that you do not acquire any ownership rights by downloading copyrighted material. Notwithstanding the foregoing, you may not download or copy any of the product listings, descriptions, or prices, nor may you frame or utilize framing techniques to enclose any trademark, logo, or copyrighted material from the Site or use any meta tags or any other hidden text utilizing our names or trademarks, without our prior express written permission. Information about permission to reproduce or distribute materials from the Site can be obtained by e-mailing info@informedhealthcareconsumer.com.

Third Party Content

The Site may contain content supplied by parties not affiliated with Informed Healthcare Consumer, LLC. Any opinions, advice, judgments, statements, services, offers, or other information or content expressed or made available by such third parties, including information providers, are those of the respective author(s) or distributor(s) and not of us. Neither we nor any third party provider of information guarantees the accuracy, completeness or usefulness of any content, nor its merchantability or fitness for any particular purpose. Your use of certain services on the Site may be governed by additional rules. By using any such service, you acknowledge that you have reviewed all corresponding rules and agree to be bound by them.

Third Party Sites

You acknowledge and agree that we have no responsibility for the accuracy or availability of information provided by websites to which you may link from this Site (collectively, “Linked Sites”). Links to Linked Sites do not constitute an endorsement by or association with us of such websites or the content, products, services, advertising or other materials presented on such websites. Informed Healthcare Consumer, LLC does 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 the use of or reliance on any such content, products or services available on such Linked Sites.

Disclaimer of Warranties

INFORMED HEALTHCARE CONSUMER, LLC DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, WRITTEN OR ORAL, IN FACT OR ARISING BY OPERATION OF LAW, REGARDING FREEDOM FROM INFRINGEMENT OF COPYRIGHT OR OTHER PROPRIETARY RIGHTS OF THIRD PARTIES, TITLE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE CONCERNING ANY INFORMATION THAT IS AVAILABLE THROUGH THE SITE OR ITS RELATED PRODUCTS AND SERVICES.

ALTHOUGH INFORMED HEALTHCARE CONSUMER, LLC STRIVES TO PRESENT ACCURATE AND UP-TO-DATE INFORMATION, THE SITE AND RELATED PRODUCTS AND SERVICES ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS, AND WE ARE NOT RESPONSIBLE FOR ANY ERRORS, OMISSIONS OR MISSTATEMENTS.   YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE SITE AND RELATED PRODUCTS AND SERVICES IS ENTIRELY AT YOUR SOLE RISK, AND YOU ARE ADVISED TO MAKE OR OBTAIN AN INDEPENDENT ASSESSMENT OF ANY INFORMATION BEFORE RELYING UPON OR USING IT. INFORMED HEALTHCARE CONSUMER, LLC NEITHER MAKES ANY REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY, COMPLETENESS, TIMELINESS OR RELIABILITY OF THE SITE, NOR DO WE ENDORSE THE VIEWS, INFORMATION AND/OR OPINIONS OF INFORMATION CONTAINED ON THE SITE OR ON WEBSITES FOR WHICH A LINK IS PROVIDED FROM THE SITE.  ALL LINKS TO OTHER WEBSITES ARE PROVIDED ONLY FOR CONVENIENCE. UNDER NO CIRCUMSTANCES WILL INFORMED HEALTHCARE CONSUMER, LLC BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY RELIANCE ON INFORMATION OBTAINED THROUGH THE SITE.

IN ADDITION, INFORMED HEALTHCARE CONSUMER, LLC DOES NOT REPRESENT OR WARRANT THAT THE SITE OR ANY OF ITS FUNCTIONS WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY PART OF THIS SITE IS FREE OF COMPUTER VIRUSES OR OTHER HARMFUL COMPONENTS. WE EXPRESSLY DISCLAIM LIABILITY FOR ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO OR ALTERATION OF, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE OR UNDER ANY OTHER CAUSE OF ACTION. YOU UNDERSTAND   THAT YOU ARE RESPONSIBLE FOR IMPLEMENTING SUFFICIENT COMPUTER AND DATA SECURITY SAFEGUARDS TO SATISFY YOUR PARTICULAR REQUIREMENTS.

Limitation of Liability

YOU SPECIFICALLY ACKNOWLEDGE THAT INFORMED HEALTHCARE CONSUMER, LLC AND ITS EMPLOYEES,OFFICERS, DIRECTORS AND AGENTS SHALL NOT BE RESPONSIBLE OR LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTIAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR ANY OTHER MONETARY OR OTHER DAMAGES, FEES, FINES, PENALTIES, LIABILITIES OR FOR INJURIES ARISING FROM OR ATTRIBUTABLE TO: (I) THIS SITE, AND/OR CONTENT OR INFORMATION PROVIDED HEREIN; (II) THE USE OF OR INABILITY TO USE THE SITE; (III) THE BREACH OF ANY WARRANTY; OR (IV) ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO AND/OR ALTERATION OF THE SITE, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WE NEITHER ENDORSE NOR ARE RESPONSIBLE FOR THE ACCURACY, COMPLETENESS, TIMELINESS OR RELIABILITY OF ANY OPINION, ADVICE OR STATEMENT ON THE SITE. UNDER NO CIRCUMSTANCES SHALL INFORMED HEALTHCARE CONSUMER, LLC BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR USE OR RELIANCE ON CONTENT AND/OR INFORMATION OBTAINED THROUGH THE SITE. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SITE AND RELATED PRODUCTS AND SERVICES IS TO
STOP USING THE SITE.

Indemnification

You agree to defend, indemnify and hold harmless Informed Healthcare Consumer, LLC, its affiliates, third party service providers, and their respective directors, officers, employees, owners, licensors, licensees, suppliers and agents from and against all claims, damages, losses, costs, liabilities and expenses, including without limitation reasonable attorneys’ fees, arising out of a breach of these Terms of Use by you and/or your activities in connection with the Site or any services related to the Site. We may participate in the defense of any claim at our own cost. You shall not settle any claim that affects Informed Healthcare Consumer, LLC without our prior express written approval.

Equipment

You shall be responsible for obtaining and maintaining all telephone, computer hardware, and other equipment needed for access to and use of the Site, and you are responsible for all charges related thereto.

Linking to Our Site

If you are interested in linking to our Site from your site, please contact us at info@informedhealthcareconsumer.com with your request, which we may approve or deny in our sole discretion.

Privacy

The purpose of our privacy policy is to identify the information Informed Healthcare Consumer, LLC may collect about you when you use the Site and related services and describe the uses we may make of such information, the security measures we take to protect it, and your options for controlling such information. Please see our Privacy Policy for more detailed information.

Security

We take commercially reasonable precautions to safeguard information transmitted between visitors and the Site and information stored on our servers. Despite these efforts, however, we may be unable to prevent and shall not be responsible for unauthorized access to such information by third parties.

Notice and Take Down Procedures and Copyright Agent

If you believe that any Site Content or other materials accessible on or from the Site, including through a link, infringe your copyright, you should notify Informed Healthcare Consumer, LLC of your infringement claim in accordance with the procedure set forth herein. Informed Healthcare Consumer, LLC shall process each notice of alleged infringement that we receive and take appropriate action in accordance with applicable intellectual property laws. A notification of claimed copyright infringement should be emailed to info@informedhealthcareconsumer.com (subject line: “DMCA Takedown Request”). To be effective, the notification must be in writing and contain the following information: (i) an electronic or physical signature of the individual authorized to act on behalf of the owner of an exclusive copyright interest; (ii) identification of the copyrighted work that you claim has been infringed and, where possible, include a copy or the location (e.g., URL) of an authorized version of the work; (iii) a description of where the material that you claim is infringing is located on the Site that is reasonably sufficient to enable us to identify and locate the alleged infringing material (e.g., URL); (iv) your name, mailing address, telephone number and e-mail address; (v) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (vi) a statement by you that the above information in your notice is accurate and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner or the owner of an exclusive right in the material. Informed Healthcare Consumer, LLC has a policy of terminating repeat infringers in appropriate circumstances.

Termination

Your sole remedy with respect to any dissatisfaction with (i) these Terms of Use, (ii) any policy or practice of ours in operating the Site, or (iii) any content available through the Site or any change therein, is to stop visiting and using the Site. Informed Healthcare Consumer, LLC may terminate your use of the Site at any time, in our sole discretion.

Miscellaneous

These Terms of Use and any operating rules for the Site established by us constitute the entire understanding of the parties with respect to the use of the Site. Informed Healthcare Consumer, LLC controls and operates this Site from our offices within the State of Maine located in the United States of America. We make no representation that materials made available through the Site are appropriate or available for use in other locations, and accessing them from territories where the content is illegal is prohibited. If you access the Site from outside the United States, you are responsible for compliance with the laws of your jurisdiction, if and to the extent local laws are applicable. The Site can be accessed from any of the United States and from other countries worldwide. Since the laws of each state or country able to access the Site may differ, by accessing the Site, you agree that the statutes and laws of the state of Maine, without regard to choice of laws principles, will apply to all matters relating to use of the Site. You agree to be subject to personal jurisdiction by the federal and state courts located in Cumberland County, State of Maine. 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. The section headings used herein are for convenience only and shall not be given any legal import. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Site must be filed within one (1) year after such claim or cause of action arose or be forever barred. If any provision of these Terms of Use is found to be unenforceable for any reason, than that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions.

Complete Agreement

Except as expressly provided in a particular “legal notice” on the Site, these Terms of Use constitutes the entire agreement between you and Informed Healthcare Consumer, LLC with respect to your use of the Site.

Questions or Concerns about Our Terms of Use

f you have questions or concerns about these Terms of Use or their implementation, please contact us at info@informedhealthcareconsumer.com or Informed Healthcare Consumer, LLC, 15 Middle Street, #410, Portland, ME 04101.