Terms of Service

Welcome

Welcome to Patient Talk’s website and online service (“Patient Talk Site” or the “Site”), a broadband health care and information and communications service provided by Patient Talk, LLC (“Patient Talk” or “We” or “Us”). This policy is intended to cover all uses of the Site, although additional conditions, restrictions and privacy policies may apply, including its Privacy Policy, which appears elsewhere on the Site.

TERMS OF USE

Use of the Site is subject to the following terms of use.   Patient Talk may modify these terms and conditions at any time, and such modifications shall be effective immediately upon posting the modified terms and conditions on the Patient Talk Site. You agree to review the agreement periodically to be aware of such modifications, and your accessing or using the service constitutes your acceptance of the agreement as it appears at the time of your access or use. From time to time, Patient Talk may offer website visitors the opportunity to participate in additional features or services through Patient Talk Site. You may be required to enter into additional agreements or authorizations before you can access such features or services.

Health care disclaimer

The content, products and services offered here are to educate consumers on health care and medical issues that may affect their daily lives, and those of their families and friends. Nothing in the content, or any products or services offered should be considered, or used as a substitute for, medical advice, diagnosis or treatment. This site and its services do not constitute the practice medicine, nursing or other professional health care practice, diagnosis or treatment. You should always talk to your health care provider for diagnosis and treatment, including your specific medical needs. None of the experiences related or information conveyed by any person or by other means offered on the Site is represented or warranted by Patient Talk to be safe, appropriate or effective. We advise users to always seek the advice of a physician or other qualified health care provider with any questions regarding personal health or medical conditions. If you have or suspect that you have a medical problem or condition, please contact a qualified health care professional immediately. If you are in the United States and are experiencing a medical emergency, please call 911 or call for emergency medical help on the nearest telephone.

Intended for users 18 and older

The Site is intended for use only by individuals 18 years of age or older. The Site is to be used only by those over the age of 18. Users under the age of 18 should obtain the assistance of a parent or guardian to use the Site.

You agree that you will not:

•     Use this website for any purpose in violation of local, state, national     or international laws
•    Use this website as a means to distribute advertising or other     unsolicited material to any third party
•    Use this website to post or transmit material that is unlawful, obscene,     defamatory,     threatening, harassing, abusive, or embarrassing to any     person or entity
•    Attempt to disable, “hack” or otherwise interfere with the proper     functioning of this website

If you use any part of the Site requiring secure access, you are responsible for maintaining the confidentiality of any account and password and for restricting access to your computer, and you agree to be responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password.

Termination of use

Patient Talk may, in its sole discretion, terminate your account or your use of the Site at any time. Patient Talk reserves the right to change, suspend or discontinue all or any aspects of the Site at any time without prior notice.

Blogs and interactive media

If you use any blogging or comment features or otherwise post any material to the Site, you give Patient Talk the irrevocable right in perpetuity to reproduce, distribute, publish, display, edit, modify, and create derivative works from and otherwise use your submission for any purpose, in any form, and on any media throughout the universe without securing your consent or permission, and without any obligation to compensate you in any way.

If you use blogging features or otherwise post information to the Site, you agree you will not:

•    Post material that infringes on the rights of any third party, including     intellectual property, privacy, or publicity rights
•    Post material that is unlawful, obscene, defamatory, threatening,     harassing, abusive, slanderous, hateful or embarrassing to any other     person or entity as determined by Patient Talk in its sole discretion
•    Post advertisements or solicitations for business, or post chain letters     or invitations or solicitations to participate in any kind of fraud,     including but not limited to pyramid schemes
•    Impersonate any other person, including but not limited to a spouse,     child or sibling
•    Allow another person to use your credentials for posting or viewing     comments
•    Post the same note, comment or other material more than once or     engage in any act commonly known or referred to as spamming

Patient Talk reserves the right (but shall not be obligated) to do any or all of the following:

•     Remove communications that fail to conform to these terms of use
•    Terminate a user’s access to the entire Site or specific features such as     the blog
•    Edit or delete any communications posted on the blog features,     regardless of whether such communications violate these standards

Indemnification

You agree that you will indemnify Patient Talk against any damages, losses, liabilities, judgments, costs or expenses (including reasonable attorneys’ fees and costs) arising out of a claim by a third party relating to materials you have posted or other actions taken by you on the Site.

Intellectual property

The mark “Patient Talk” and the Patient Talk logo are service marks and/or trademarks of Patient Talk, LLC. U.S. and international copyright law protect the content and design of the Patient Talk Site.  You may not copy, reproduce, republish, upload, post, display, transmit or frame any of these materials without prior written consent from the copyright owners, except that you may view, download, display and print a single copy of these materials on a single computer for personal, noncommercial use only, so long as: you do not alter or modify the materials in any way; you include all applicable notices and disclaimers (including copyright notices); and you do not use the materials in a way that suggests an association with Patient Talk or any affiliated Patient Talk entity. You understand and agree that title to these materials shall not pass to you or any other user.

Disclaimers

YOU UNDERSTAND AND AGREE THAT PATIENT TALK DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER (INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR NONINFRINGEMENT, OR ANY IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO THE SERVICE OR ANY MERCHANDISE, INFORMATION OR SERVICE DISCUSSED ON OR THROUGH THE SERVICE. IN ADDITION, PATIENT TALK DOES NOT GUARANTEE THAT USE OF PATIENT TALK SITE WILL BE FREE FROM ALL TECHNOLOGICAL DIFFICULTIES INCLUDING, BUT NOT LIMITED TO, UNAVAILABILITY OF INFORMATION OR SERVICE.

DISRUPTIONS, VIRUSES OR WORMS, AND YOU UNDERSTAND THAT YOU ARE RESPONSIBLE FOR IMPLEMENTING SUFFICIENT PROCEDURES AND CHECKPOINTS TO SATISFY YOUR PARTICULAR REQUIREMENTS FOR ACCURACY OF DATA INPUT AND OUTPUT

Errors on the Patient Talk Site

Any content on the Site determined by Patient Talk to be materially inaccurate, erroneous, misleading, capable of being misunderstood or otherwise harmful will be revoked, corrected or removed when that determination has been made.  Patient Talk reserves the right to revoke any statements it chooses in its sole discretion and to offer and to correct any errors, inaccuracies or omissions of fact.

Limitations of liability

THE USE OF THE SITE IS ENTIRELY AT YOUR OWN RISK, AND IN NO EVENT SHALL PATIENT TALK BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR ANY OTHER MONETARY OR OTHER DAMAGES, FEES, FINES, PENALTIES, OR LIABILITIES ARISING OUT OF OR RELATING IN ANY WAY TO THIS SERVICE, OR SITES ACCESSED THROUGH THIS SERVICE, AND/OR CONTENT OR INFORMATION PROVIDED HEREIN. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SERVICE IS TO STOP USING THE SERVICE. USER HEREBY ACKNOWLEDGES THAT THIS PARAGRAPH SHALL APPLY TO ALL CONTENT AVAILABLE THROUGH THE SITE. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

Links to third party websites

The Site contains links to other sites operated by third parties, including but not limited to third party sites that may display the Patient Talk trademarks (“Third Party Site[s]”). These links are available for your convenience and are intended only to enable access to these Third Party Sites and for no other purpose.

Patient Talk does not warrant or make any representation about the substance, quality, functionality, accuracy, fitness for a particular purpose, merchantability or any other representation about any Third Party Site or its content. A link to a Third Party Site on the Patient Talk Site does not constitute sponsorship, endorsement, approval or responsibility for any Third Party Site. Patient Talk makes no representation or warranty as to any products or services offered on any Third Party Site.  The conditions of use and privacy policy of any Third Party Site may differ substantially from the
conditions of use and legal notices that apply to your use of the Site. Please review the conditions of use for all Third Party Sites for more information about the terms and conditions that apply to your use of Third Party Sites.

Jurisdiction

You agree that any dispute or claim (including personal injury claims) related to your use of the Patient Talk Site is subject to the exclusive jurisdiction of the appropriate court in the State of California, and will be adjudicated pursuant to the laws of that state. This agreement also applies to anyone claiming on your behalf.

Contact information

If you have any questions about the Service, please contact us at info@patienttalk.com