Read This Terms of Use Agreement Before Accessing The Science2Health Website.
Effective Date: This Terms of Use Agreement was last updated on December 17, 2009
This Terms of Use Agreement (this “Agreement”) is entered into by and between Monte Ladner, M.D. and “you,” the user of this web blog and podcast, also known as “Science2Health” or “Science2Health.org” (the “Science2Health Website”). If you do not agree to the terms and conditions of this agreement, you should immediately cease all usage of the Science2Health Website and the Science2Health Podcast. Monte Ladner, M.D. reserves the right, at any time, to modify, alter, or update the terms and conditions of this agreement without prior notice. Modifications shall become effective immediately upon being posted at the Science2Health Website. Your continued use of the Science2Health Website and the Science2Health Podcast after amendments are posted constitutes an acknowledgement and acceptance of the Agreement and its modifications. Except as provided in this paragraph, this Agreement may not be amended.
1. Description of Service
Monte Ladner, M.D. is providing you with general information on health and fitness. You must provide (1) all equipment necessary for your Internet connection, including computer and modem and (2) provide for your access to the Internet, and (3) pay any fees related with such connection.
2. Disclaimer of Warranties.
The Science2Health Website is provided by Monte Ladner, M.D. on an “as is” and on an “as available” basis. To the fullest extent permitted by applicable law, Monte Ladner, M.D. makes no representations or warranties of any kind, express or implied, regarding the use or the results of the Science2Health Website or the Science2Health Podcast in terms of its correctness, accuracy, reliability, or otherwise. Monte Ladner, M.D. shall have no liability for any interruptions in the use of the Science2Health Website or the Science2Health Podcast. Monte Ladner, M.D. disclaims all warranties with regard to the information provided, including the implied warranties of merchantability and fitness for a particular purpose, and non-infringement. Some jurisdictions do not allow the exclusion of implied warranties, therefore the above-referenced exclusion is inapplicable.
3. LIMITATION OF LIABILITY
MONTE LADNER, M.D. SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER, AND IN PARTICULAR MONTE LADNER, M.D. SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOSS OF REVENUE, OR LOSS OF USE, ARISING OUT OF OR RELATED TO THE SCIENCE2HEALTH WEBSITE OR THE SCIENCE2HEALTH PODCAST OR THE INFORMATION CONTAINED IN THEM, WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW, OR OTHERWISE, EVEN IF MONTE LADNER, M.D. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE SOME OF THE ABOVE LIMITATIONS ARE INAPPLICABLE.
MEDICAL ADVICE DISCLAIMER
MONTE LADNER, M.D. PROVIDES THE SCIENCE2HEALTH WEBSITE AND THE SCIENCE2HEALTH PODCAST AND THE SERVICES, INFORMATION, CONTENT AND/OR DATA CONTAINED THEREIN FOR INFORMATIONAL PURPOSES ONLY. MONTE LADNER, M.D. DOES NOT PROVIDE ANY MEDICAL ADVICE ON THE SCIENCE2HEALTH WEBSITE OR IN THE SCIENCE2HEALTH PODCAST, AND THE INFORMATION IN THE SCIENCE2HEALTH BLOGS AND IN THE SCIENCE2HEALTH PODCAST SHOULD NOT BE CONSTRUED OR USED AS MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. USING, ACCESSING AND/OR BROWSING THE SCIENCE2HEALTH WEBSITE AND/OR LISTENING TO THE SCIENCE2HEALTH PODCAST AND/OR PROVIDING PERSONAL OR MEDICAL INFORMATION TO MONTE LADNER, M.D. DOES NOT CREATE A PHYSICIAN-PATIENT RELATIONSHIP BETWEEN YOU AND MONTE LADNER, M.D. NOTHING CONTAINED IN THE SCIENCE2HEALTH WEBSITE OR IN THE SCIENCE2HEALTH PODCAST IS INTENDED TO CREATE A PHYSICIAN-PATIENT RELATIONSHIP, TO REPLACE THE SERVICES OF A LICENSED, TRAINED PHYSICIAN OR HEALTH PROFESSIONAL OR TO BE A SUBSTITUTE FOR MEDICAL ADVICE OF A PHYSICIAN OR TRAINED HEALTH PROFESSIONAL LICENSED IN YOUR STATE. YOU SHOULD NOT RELY ON ANY INFORMATION CONTAINED IN THE SCIENCE2HEALTH WEBSITE OR IN THE SCIENCE2HEALTH PODCAST. YOU SHOULD CONSULT A PHYSICIAN LICENSED IN YOUR STATE IN ALL MATTERS RELATING TO YOUR HEALTH. YOU HEREBY AGREE THAT YOU SHALL NOT MAKE ANY HEALTH OR MEDICAL RELATED DECISIONS BASED IN WHOLE OR IN PART ON ANYTHING CONTAINED IN THE SCIENCE2HEALTH WEBSITE OR IN THE SCIENCE2HEALTH PODCAST.
INFORMATION DISCLAIMER
ANY OPINIONS OF MONTE LADNER, M.D. ON THE SCIENCE2HEALTH WEBSITE OR IN THE SCIENCE2HEALTH PODCAST ARE BASED ON HIS REVIEW OF MEDICAL OR SCIENTIFIC RESEARCH IN JOURNALS OR VARIOUS FORMS OF PRINT MEDIA, TELEVISION, RADIO, OR ON THE INTERNET. THESE OPINIONS MAY NOT, AND SHOULD NOT, BE USED OR RELIED UPON FOR ANY OTHER PURPOSE BEYOND GENERAL INFORMATION, INCLUDING, BUT NOT LIMITED TO, FOR USE IN, OR IN CONNECTION WITH, ANY LEGAL PROCEEDING. YOU ARE ADVISED TO DISCUSS ALL THE INFORMATION FROM THE SCIENCE2HEALTH WEBSITE OR THE SCIENCE2HEALTH PODCAST WITH YOUR PERSONAL HEALTHCARE PROVIDER BEFORE USING IT OR MAKING ANY CHANGES TO YOUR LIFESTYLE, DIET, OR EXERCISE HABITS.
THE INFORMATION IN THE SCIENCE2HEALTH WEBSITE AND THE SCIENCE2HEALTH PODCAST MAY BE CHANGED WITHOUT NOTICE AND IS NOT GUARANTEED TO BE COMPLETE, CORRECT, TIMELY, CURRENT OR UP-TO-DATE. AS WITH ALL MEDIA CONTENT, THE INFORMATION MAY BECOME OUT-OF-DATE. MONTE LADNER, M.D. UNDERTAKES NO OBLIGATION TO UPDATE ANY INFORMATION ON THE SCIENCE2HEALTH WEBSITE OR IN THE SCIENCE2HEALTH PODCAST; PROVIDED, HOWEVER, THAT HE MAY UPDATE THE INFORMATION AT ANY TIME WITHOUT NOTICE IN HIS SOLE AND ABSOLUTE DISCRETION. MONTE LADNER, M.D. RESERVES THE RIGHT TO MAKE ALTERATIONS OR DELETIONS TO THE INFORMATION AT ANY TIME WITHOUT NOTICE
4. Indemnification
You agree to indemnify and hold Monte Ladner, M.D., his parent companies, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorneys’ fees and costs, made by any third party due to or arising out of your use of the Science2Health Website and the Science2Health Podcast, the violation of this Agreement, or infringement by you, or other user of the Science2Health Website or the Science2Health Podcast using your computer, of any intellectual property or any other right of any person or entity.
5. Modifications and Interruption to Service
Monte Ladner, M.D. reserves the right to modify or discontinue the Science2Health Website or the Science2Health Podcast with or without notice to you. Monte Ladner, M.D. shall not be liable to you or any third party should Monte Ladner, M.D. exercise his right to modify or discontinue the Science2Health Website or the Science2Health Podcast. You acknowledge and accept that Monte Ladner, M.D. does not guarantee continuous, uninterrupted or secure access to the Science2Health Website or the Science2Health Podcast and operation of the Science2Health Website or the Science2Health Podcast may be interfered with or adversely affected by numerous factors or circumstances outside of his control.
6. Third-Party Website Links and Advertisements
The Science2Health Website and the Science2Health Podcast may include links to other websites on the internet that are owned and operated by online merchants and other third parties. The Science2Health Website and the Science2Health Podcast may contain advertisements for third party products or services. You acknowledge that Monte Ladner, M.D. is not responsible for the availability of, or the content located on or through, any third-party website or advertisement. You should contact the website administrator or webmaster for those third-party websites if you have any concerns regarding such links or the content located on such websites. Your use of those third-party websites is subject to the terms of use and privacy policies of each website, and Monte Ladner, M.D. is not responsible therein. Monte Ladner, M.D. encourages you to review said privacy policies and terms of service of third-party websites.
The inclusion of third party advertisements does not constitute an endorsement, guarantee, warranty, or recommendation of the product being advertised. Monte Ladner, M.D. makes no representations and/or warranties about, any product or service contained therein.
7. Disclaimer Regarding Accuracy of Vendor Information
Product specifications and other information have either been provided by the Vendors or collected from publicly available sources. While Monte Ladner, M.D. makes every effort to ensure that the information on the Science2Health Website and in the Science2Health Podcast is accurate, he can make no representations or warranties as to the accuracy or reliability of any information provided on the Science2Health Website or in the Science2Health Podcast.
Monte Ladner, M.D. makes no warranties or representations whatsoever with regard to any product provided or offered by any Vendor, and you acknowledge that any reliance on representations and warranties provided by any Vendor shall be at your own risk.
8. Governing Jurisdiction of the Courts
The Science2Health Website and the Science2Health Podcast are operated and provided in the State of Massachusetts. As such, they are subject to the laws of the State Massachusetts, and such laws will govern this Terms of Use, without giving effect to any choice of law rules. We make no representation that the Science2Health Website or the Science2Health Podcast or other services are appropriate, legal or available for use in other locations. Accordingly, if you choose to access the Science2Health Website or the Science2Health Podcast you agree to do so subject to the internal laws of the State Massachusetts.
9. Compliance with Laws.
You assume all knowledge of applicable law and are responsible for compliance with any such laws. You may not use the Science2Health Website or the Science2Health Podcast in any way that violates applicable state, federal, or international laws, regulations or other government requirements. You further agree not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, or international law or regulation.
10. Copyright and Trademark Information
All content included or available on this Science2Health Website is © Monte Ladner, M.D., with all rights reserved, or is the property of Monte Ladner, M.D. and/or third parties protected by intellectual property rights. Any use of materials on the Science2Health Website or in the Science2Health Podcast, including reproduction for purposes other than those noted above, modification, distribution, or replication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of Monte Ladner, M.D. is strictly prohibited. You agree that you will not use any robot, spider, or other automatic device, or manual process to monitor or copy The Science2Health web pages or the Science2Health Podcast or the content contained therein without prior written permission of Monte Ladner, M.D.
11. Notification of Claimed Copyright Infringement
Pursuant to Section 512(c) of the Copyright Revision Act, as enacted through the Digital Millennium Copyright Act, Monte Ladner, M.D. designates the following individual as its agent for receipt of notifications of claimed copyright infringement.
Monte Ladner, M.D.
By Email: drmonte@Science2Health.org
12. Other Terms
If any provision of this Terms of Use Agreement shall be unlawful, void or unenforceable for any reason, the other provisions (and any partially-enforceable provision) shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent. You agree that this Terms of Use Agreement and any other agreements referenced herein may be assigned by Monte Ladner, M.D., in his sole discretion, to a third party in the event of a merger or acquisition. This Terms of Use Agreement shall apply in addition to, and shall not be superseded by, any other written agreement between you and Monte Ladner, M.D. in relation to your use of the Science2Health Website or the Science2Health Podcast. You agree that by accepting this Terms of Use Agreement, you are consenting to the use and disclosure of your personally identifiable information and other practices described in our Privacy Policy Statement
BY USING THE SCIENCE2HEALTH WEBSITE AND THE SCIENCE2HEALTH PODCAST YOU AGREE AND ACKNOWLEDGE THAT YOU USE THEM AT YOUR OWN RISK
THE SCIENCE2HEALTH WEBSITE AND THE SCIENCE2HEALTH PODCAST ARE MADE AVAILABLE BY MONTE LADNER, M.D. FOR EDUCATIONAL PURPOSES ONLY. THE SCIENCE2HEALTH WEBSITE AND THE SCIENCE2HEALTH PODCAST ARE NOT INTENDED AS MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. BY USING THE SCIENCE2HEALTH WEBSITE AND THE SCIENCE2HEALTH PODCAST YOU UNDERSTAND, AGREE, AND ACKNOWLDEGE THAT THERE IS NO PHYSICIAN-PATIENT RELATIONSHIP BETWEEN YOU AND MONTE LADNER, M.D. YOU ALSO UNDERSTAND, AGREE, AND ACKNOWLEDGE THAT THE SCIENCE2HEALTH WEBSITE AND THE SCIENCE2HEALTH PODCAST SHOULD NOT BE USED AS A SUBSTITUTE FOR COMPETENT MEDICAL ADVICE FROM A LICENSED PHYSICIAN IN YOUR STATE OR COUNTRY.
