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!
eCureMe, Inc. ("eCureMe") 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 eCureMe website ("eCureMe 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 eCureMe completely harmless from and against any
and all claims arising from such access or use. Further, you
waive and release eCureMe 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."
INDEX
THE SITE DOES NOT PROVIDE DIAGNOSES NOR TREATMENTS
CHILDREN'S PRIVACY
USE OF CONTENT
LIMITED LIABILITY OF eCureMe AND ITS LICENSORS
USER SUBMISSIONS
DIAGNOSTIC GAMES
TELEMEDICINE
CHAT ROOMS AND BULLETIN BOARDS
ADVERTISEMENTS AND LINKS TO OTHER SITES
INDEMNITY
GENERAL
JURISDICTION
COMPLETE AGREEMENT
THE SITE DOES NOT PROVIDE DIAGNOSES NOR TREATMENTS
The contents of the eCureMe Site, such as text, graphics, images,
information obtained from eCureMe's licensors, and other material
("Content") contained on the eCureMe 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
eCureMe.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. eCureMe 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 eCureMe, its agents or employees, others appearing on
the Site at the invitation of eCureMe, 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. eCureMe, 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.
The above disclaimer expressly applies to the section titled
"DIAGNOSTIC GAMES," a tool only for entertainment purposes only,
not to be used in whole or in parts, as any form of substitute,
supplement or instead of actual consultation with a qualified,
credentialed physician.
Medical advice provided via Private Physician to Private Patient eConsultations using
eCureMe's TELEMEDICINE 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 eCureMe responsible directly or indirectly, for any loss,
damage, injury, cost or expense. Reliance on any information
provided by eCureMe, its agents or employees, others appearing on
the Site at the invitation of eCureMe, 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 eCureMe 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 eCureMe 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 eCureMe arising
out of those rights.
The information contained on eCureMe.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 eCureMe.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
eCureMe authorizes you to view or download a single copy of the
material on the eCureMe Site solely for your personal,
noncommercial use if you include the following copyright notice:
"Copyright (c) 2001, eCureMe, Inc. 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 eCureMe 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 eCureMe 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 eCureMe. All rights not
expressly granted herein are reserved to eCureMe 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 eCureMe AND ITS LICENSORS
The use of the eCureMe Site and the Content is at your own risk.
When using the eCureMe Site, information will be transmitted over
a medium which is beyond the control and jurisdiction of eCureMe
and its suppliers. Accordingly, eCureMe 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 eCureMe Site.
The eCureMe Site and the content are provided on an "as is"
basis. eCureMe, 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, eCureMe, 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 eCureMe
Site or eCureMe.
The satisfaction of government regulations requiring disclosure
of information on prescription drug products with regard to the
Content contained on the eCureMe Site.
In no event shall eCureMe, its licensors, its suppliers, or any
third parties mentioned on the eCureMe 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
eCureMe Site or the Content, whether based on warranty,
contract, tort, or any other legal theory, and whether or not
eCureMe is advised of the possibility of such damages.
By your use and access, you agree that eCureMe 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. eCureMe
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--eCureMe 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. eCureMe may
sublicense its rights through multiple tiers of sublicenses.
eCureMe 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. eCureMe 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
eCureMe in its sole discretion or pursuant to local community
standards eCureMe 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 eCureMe, exposes eCureMe or any of
its customers or suppliers to any liability or detriment of any
type.
eCureMe 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
eCureMe 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 eCureMe Site,
regardless of whether such communication(s) violate these
standards.
eCureMe reserves the right to take any action it deems necessary
to protect the personal safety of our guests or the public.
eCureMe has no liability or responsibility to users of the
eCureMe Site or any other person or entity for performance or
nonperformance of the aforementioned activities.
ADVERTISEMENTS AND LINKS TO OTHER SITES
eCureMe does not endorse the content on any third-party websites.
eCureMe is not responsible for the content of linked third-party
sites, sites framed within the eCureMe 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. eCureMe does not endorse any product advertised
on the eCureMe Site.
INDEMNITY
You agree to defend, indemnify, and hold eCureMe, 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
eCureMe is based in Los Angeles, California, in the United
States of America. eCureMe 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 eCureMe 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 eCureMe, or in any way relating to your use of the eCureMe
Site, resides in the courts of the State of California, County
of Los Angeles 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 eCureMe 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 eCureMe Site, these Terms and Conditions constitute the
entire agreement between you and eCureMe with respect to the
use of the eCureMe Site, and Content. Your use of the eCureMe
Site is also subject to the eCureMe Privacy Policy.
Thank you for your
cooperation. We hope you find the eCureMe Site helpful and convenient to
use! Questions or comments regarding this website should be directed by
electronic mail to service info@eCureMe.com or via U.S. mail to eCureMe,
Inc., 909 S. Gramercy place, Los Angeles, CA 90019
¨Ï 2000-2001 eCureMe Corporation. All rights reserved.
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