IMPORTANT DISCLAIMER & WEB SITE AGREEMENT- PLEASE READ:
The opinions of the people posting to this site are their own and do not necessarily represent my opinion. The information you receive by reading this board is not a substitute for professional medical or legal advice. You should always consult your doctor on issues of a medical nature, as I cannot verify the claims made by every person who posts to this board. I reserve the right to remove any posts I consider inappropriate.
LipoSite: Liposuction Forum and Information Web - Web Site Agreement
LipoSite (the "Site") is an online information and communications service provided by the Advice Media/CompuMedical, subject to your compliance with the terms and conditions set forth below including, all exhibits hereto.
"LipoSite", "CompuMedical", "LipoSite: Liposuction Discussion Forum & Information Website" are trade names of Advice Media and CompuMedical in the United States and other countries. Other marks which appear on this Web site may be marks of third parties that are not affiliated with LipoSite. LipoSite and its affiliates do not control or endorse the content of third party Web sites.
Please read this Agreement carefully before accessing or using the Site. By accessing or using the Site, you agree to be bound by the terms and conditions set forth below. If you do not wish to be bound by these terms and conditions, you may not access or use the Site. LipoSite may modify this Agreement at any time, and such modifications shall be effective immediately upon posting of the modified Agreement. You agree to review the Agreement periodically to be aware of such modifications and your continued access or use of the Site shall be deemed your conclusive acceptance of the modified Agreement.
1.Operating Policies: You agree to comply with the Operating Policies set forth in Exhibit A (as they may be amended by LipoSite from time to time), which are the rules that govern your activity in connection with the Site. LipoSite has the right but not the obligation to remove any communications and materials that LipoSite believes in its sole discretion violate the Operating Policies.
2.Copyright, Licenses and Idea Submissions: The entire contents of the Site are copyrighted under the United States copyright laws. The owner of the copyright is LipoSite. You may print and download portions of material from the different areas of the Site solely for your own non-commercial use. You may make: (a) one machine readable copy, (b) one backup copy, and (c) one print copy of any portions of material downloaded from the different areas of the Site solely for your non-commercial use. Any other copying, redistribution, retransmission or publication of any downloaded material, is strictly prohibited without the express written consent of LipoSite or any third party information provider to the Site. You agree not to change or delete any proprietary notices from materials downloaded from the Site. You agree to grant to LipoSite a non-exclusive, royalty-free, worldwide, perpetual license, with the right to sublicense, to reproduce, distribute, transmit, create derivative works of, publicly display and publicly perform any materials and other information (including, without limitation, ideas contained therein for new or improved products and services) you submit to public areas of the Site (such as bulletin boards, forums and newsgroups) by all means and in any media now known or hereafter developed. You also grant to LipoSite the right to use your name in connection with the submitted materials and other information as well as in connection with all advertising, marketing and promotional material related thereto. You agree that you shall have no recourse against LipoSite for any alleged or actual infringement or misappropriation of any proprietary right in your communications to us.
3.Use of the Site: You understand that, except for information, products or services clearly identified as being supplied by LipoSite, LipoSite does not operate, control or endorse any information, products or services on the Internet in any way. Except for LipoSite-identified information, products or services, all information, products and services offered through the Site or on the Internet generally are offered by third parties that are not affiliated with LipoSite.
You also understand that LipoSite cannot and does not guarantee or warrant that files available for downloading through the Site will be free of infection or viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the Site for the reconstruction of any lost data.
You assume total responsibility and risk for your use of the Site and the Internet. LipoSite does not make any express or implied warranties, representations or endorsements whatsoever (including without limitation warranties of title or noninfringement, or the implied warranties of merchantability or fitness for a particular purpose) with regard to the Site, any merchandise, information or service provided through the Site or on the Internet generally, and LipoSite shall not be liable for any cost or damage arising either directly or indirectly from any such transaction. It is solely your responsibility to evaluate the accuracy, completeness and usefulness of all opinions, advice, services, merchandise and other information provided through the Site or on the Internet generally. LipoSite does not warrant that the Site will be uninterrupted or error-free or that defects in the Site will be corrected. The Site and any software made available on the Site are provided on an "as is, as available" basis.
You understand further that the Internet contains unedited materials some of which are sexually explicit or may be offensive to you. You access such materials at your risk. LipoSite has no control over and accepts no responsibility whatsoever for such materials.
In no event will LipoSite be liable for (I) any incidental, consequential, or indirect damages (including, but not limited to, damages for loss of profits, business interruption, loss of programs or information, and the like) arising out of the use of or inability to use the Site, or any information, or transactions provided on the Site or downloaded or hyperlinked from the Site, even if LipoSite or its authorized representatives have been advised of the possibility of such damages, or (II) any claim attributable to errors, omissions, or other inaccuracies in the Site and/or materials or information downloaded through, or hyperlinked from, the Site.
Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. In such states, LipoSite's liability is limited to the greatest extent permitted by law.
4.Indemnification: You agree to indemnify, defend and hold harmless LipoSite, its officers, directors, employees, agents, licensors, suppliers and any third party information providers to the Site from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of this Agreement by you.
5.Third Party Rights: The provisions of paragraphs 3 (Use of the Site), and 4 (Indemnification) are for the benefit of LipoSite and its officers, directors, employees, agents, licensors, suppliers, and any third party information providers to the Site. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.
6.Term and Termination: This Agreement may be terminated by either party without notice at any time for any reason; provided that you may no longer use the Site after you have terminated this Agreement. The provisions of paragraphs 2 (Copyright, Licenses and Idea Submissions), 3 (Use of the Site), 4 (Indemnification), 5 (Third Party Rights) and 7 (Miscellaneous) shall survive any termination of this Agreement.
7.Miscellaneous. This Agreement shall all be governed and construed in accordance with the laws of the State of New Jersey applicable to agreements made and to be performed in New Jersey. You agree that any legal action or proceeding between LipoSite and you for any purpose concerning this Agreement or the parties' obligations hereunder shall be brought exclusively in a federal or state court of competent jurisdiction sitting in New Jersey. Any cause of action or claim you may have with respect to the Site must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred. LipoSite's failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Agreement. LipoSite may assign its rights and duties under this Agreement to any party at any time without notice to you.
Exhibit A - Operating Policies
Your participation in on-line communications occurs in real time and is not edited, censored, or otherwise controlled by LipoSite. LipoSite cannot and does not screen content provided by users of the Site. Notwithstanding the foregoing, LipoSite reserves the right to monitor content on the Site and to remove content which LipoSite, in its sole discretion, determines to be harmful, offensive, or otherwise in violation of these Operating Policies. In order to maintain an informative and valuable service that meets the needs of the users of the Site and avoids the harm that can result from disseminating statements that are false, malicious, violate of the rights of others, or otherwise harmful, it is necessary to establish the following rules to protect against abuse:
(i) Unless you are participating in an area of the Site that requires or encourages anonymity, use your real name in online communications. Use of multiple identities, user names or login identification on the site is prohibited. Use of forged credentials to gain access to the site is prohibited.
(ii) You may not post or transmit any message which is libelous, defamatory or which discloses private or personal matters concerning any other person. You may not post or transmit any message, data, image or program which is indecent, obscene or pornographic.
(iii) You may not use the personal information on the site - including e-mail addresses for the purpose of mass mailings, solicitations commercial enticements or to harass, threaten or inconvenience other users, operators or sponsors.
(iv) You may not interfere with other users use of the Site. If you have been notified that you are no longer permitted to use the site, and you continue to use it, you agree that you will pay the costs associated with securing the site so that you may not access it. If you have not provided us with a mailing address for billing purposes, you agree that your ISP will accept the charges and forward them to you. If you continue to access the Site's computing facilities once you have received this notice, you agree that your actions will supersede any and all agreements that you may have entered into with your service provider and that both you and your service provider are bound to pay any costs associated with securing the site from your access, up to $1,000 (US) per incident. An incident may be defined as a single message posting, concurrent access session or use of chat facility.
(v) You may not post or transmit any file which contains viruses, worms, "Trojan horses" or any other contaminating or destructive features.
(vi) You may not post or transmit any message which is harmful, threatening, abusive or hateful. It is not the Site's intent to discourage you from taking controversial positions or expressing vigorously what may be unpopular views; however, LipoSite reserves the right to take such action as it deems appropriate in cases where the Site is used to disseminate statements which are deeply and widely offensive and/or harmful.
(vii) You may not post or transmit charity requests, petitions for signatures, chain letters or letters relating to pyramid schemes. You may not post or transmit any advertising, promotional materials or any other solicitation of other users of the Site for goods or services except in those areas (e.g., sponsor's section, classified bulletin board) that are designated for such purpose.
(viii) You may not post or list articles which are off-topic according to the description of the group or list or send unsolicited mass emailings to 10 people if such e-mail could reasonably be expected to provoke complaints from its recipients.
(ix) You may not use the facilities and capabilities of the Site to conduct any activity or solicit the performance of any illegal activity or other activity which infringes the rights of others.
(x) If you are notified to discontinue use of the Site by the Site Owner, you agree to immediately discontinue use of the Site. The Site Owner may notify you in writing or by telephone. Written notification may be by electronic mail, postal mail or fax, If you are notified to discontinue use of the Site but still continue to use of access the Site, you agree to pay all administrative and legal costs of any legal action or proceeding between yourself, the Site owners, and any third parties.
Information Collection and Use
Advice Media/CompuMedical is the sole owner of the information collected on this site. We will not sell, share, or rent this information to others in ways different from what is disclosed in this statement. Advice Media/CompuMedical may collect information from our users at several different points on our website.
Cookies
A cookie is a piece of data stored on the user’s hard drive containing information about the user. Usage of a cookie is in no way linked to any personally identifiable information while on our site. We use cookies to enable personalization - specifically to allow our discussion areas to calculate which" messages are "new" to a user, prepopulate the user's information to make posting more efficient. etc. Those message board cookies are not shared with anyone and the site doe not use them except as a user convenience. We take reasonable precautions to protect logged cookie data by keeping it in directories not accessible to the public.
Log Files
We use IP addresses to analyze trends, administer the site, track users' movement, and to track abuse of any area of the site. IP addresses are not linked to personally identifiable information.
Links
This web site contains links to other sites. Please be aware that Advice Media/CompuMedical is not responsible for the privacy practices of such other sites. We encourage our users to be aware when they leave our site and to read the privacy statements of each and every web site that collects personally identifiable information. This privacy statement applies solely to information collected by this Web site.
Surveys
Our site may now or in the future request information from users via surveys. Participation in these surveys or contests is completely voluntary and the user therefore has a choice whether or not to disclose this information. Information requested may include contact information (such as name and shipping address), and demographic information (such as zip code, age level). Survey information will be used for purposes of monitoring or improving the use and satisfaction of this site and/or for educational purposes.
Privacy:
Since user participation in public areas of the site is visible to others, please use discretion when posting any information you wish to keep confidential.
Use of your email address on the discussion forums is voluntary. However, please note that we do not collect email for any use and have no control over any email that takes place between or among site participants whether in the form of singular email or email lists or chains.
Notification of Changes
If we decide to change our privacy policy, we will post those changes on our frontpage so our users are always aware of what information we collect, how we use it, and under circumstances, if any, we disclose it. If at any point we decide to use personally identifiable information in a manner different from that stated at the time it was collected, we will notify users by way of an email. Users will have a choice as to whether or not we use their information in this different manner. We will use information in accordance with the privacy policy under which the information was collected.
Copyright © 1999-2008 - Advice Media and CompuMedical, L.L.C. - "LipoSite" is a tradenam of Advice Media and CompuMedical, L.L.C. and is protected by federal trademark laws.
Advice Media, L.L.C and CompuMedical, L.L.C. are Delaware Limited Liability Companies. Please direct all inquiries to info@advicemedia.com or to Advice Media/ CompuMedical, L.L.C., PO Box 222, Little Silver, NJ 07739.
Updated 02/25/08
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This page was last updated on Saturday, May 30, 2009 )