Terms of Use and Privacy

TERMS OF USE

GENERAL.

USE OF ANY PART OF THIS WEBSITE IS SUBJECT TO ALL OF THE FOLLOWING TERMS AND CONDITIONS.  IF YOU DO NOT AGREE WITH THEM, DO NOT USE THE WEBSITE.

By accessing, browsing or in any way using this Website, including any chat room, bulletin board or Blog (collectively “Website” in these Terms of Use), each user or person who in any way utilizes or accesses this Website (each such person may be referred to as “you” or “User” in these Terms of Use) agrees to all of the policies and provisions set forth  in the Terms of Use section of this Website.  This is a legally binding agreement between you, the user, and this Website and  ASMD, PLLC, d/b/a Practical Medical Insights, the owner of this Website (referred to as “Practical Medical Insights”, or “Owner” or “We” in these Terms and Conditions).  We reserve the right to, at our discretion, change these terms of use.  It is your responsibility as the user of this Website, to check the Terms of Use section regularly.  Your use of this Website constitutes an agreement to abide by the Terms of Use.  Your continued use of this Website following the posting of any changes to the Terms of Use section constitutes acknowledgement and acceptance of those changes.  If you do not agree to the Terms of Use, then you have no right or permission to access any part of Practical Medical Insights Website(s) and should not  use this Website.   We reserve the right to modify, suspend, limit or discontinue the availability of any or all features, services, or content of this Website.  Any failure of the Website or its owner to enforce or exercise any provision or right listed in the Terms of Use does not constitute a waiver of said provision or right.

Intellectual Property Rights. The material, content and information in this Website do not belong to you.  The content of this Website, including the coordination, organization, enhancement, selection and method of portrayal of such content, as Well as the content original to the Website (including all of its downloadable material) is owned and copyrighted by Owner, or belongs to and is copyrighted by third parties and is being used with permission or as allowed by law.  Unless otherwise stated, any trademarks appearing on this Website are those of Owner. All other trademarks appearing on this Website belong to their respective owners. No user of this site may  sell, reproduce, publish, copy, transmit, use, exploit or distribute for commercial purposes or any purposes other than for personal use expressly permitted in these Terms of Use , any part or content of this site except as expressly permitted under all applicable copyright, trademark or other laws, without the prior written consent of Owner (or the third party copyright or trademark owner of such content, if owned by someone other than ASMD, PLLC).  You have the right to use this Website for your personal, non-commercial use only, and to download one (1) single copy to be retained in your possession, for your own personal use or reference.  You agree that you will not modify any such material, or misrepresent the true ownership thereof.  As a condition of use, you acknowledge and agree that you do not acquire any ownership rights in or any other rights to use of any downloaded or other content of this Website, including by not limited to any copyrighted material.

Links to Other Websites. Any links to third party Websites contained in this Website are for convenience purposes only, and do not represent endorsement of the content of those sites.  This Website is not responsible for the accuracy of content on third party sites, nor does this Website assume any liability related to use of any of these linked sites.  Third party sites have their own independent privacy policies and terms of use, which may differ from those of this Website. This Website and its owners assume no liability or responsibility for content in third-party Websites to which links have been posted by Users.

Medical DisclaimerThe content provided through this Website, including articles, links and information in the Blog, is for general educational and informational purposes only, and includes information about Practical Medical Insights and the services which it may provide.  It is not a substitute for, nor is it an alternative to, examination by and professional judgment of your personal physician or other personal medical professional, who diagnoses and treats you on an individual basis.  The information on this Website is intended to support your relationship with your personal physician, not to replace it.  Do not ever disregard or delay seeking professional medical advice because of something you have read on this Website, or because you are waiting for a response to a query on this Website.  Make sure that you promptly seek the advice of your own physician with any question you may have about a medical condition.  When accessing this Website, you agree that interaction on this Website does not constitute a physician-patient relationship. INFORMATION PROVIDED IN OR OBTAINED THROUGH THIS SITE DOES NOT CONSTITUTE MEDICAL ADVICE, DIAGNOSIS, TREATMENT, OR CARE, AND IS NOT INTENDED AND SHOULD NOT BE USED TO DIAGNOSE HEALTH OR MEDICAL CONDITIONS OR TO PRESCRIBE TREATMENT OR MEDICATION.  It may not be relevant to your personal situation, and may be misinterpreted, so consult your personal physician before making any decisions concerning your health care.  If you have a medical emergency, call your physician or 911 immediately.  By utilizing this Website or any information contained or referred to herein, you acknowledge and agree that Owner is not responsible for the results of your own personal decisions resulting from your interpretation, use or application of the content in this Website, articles, Blog, or third-party links.

BLOG

User’s Warranties and Agreements as to Content of Posts. As a condition of utilizing or posting to any chat room, bulletin board or blog on or in any way connected with or accessed through Owner or this Website (collectively referred to in these Terms of Use as the “Blog”), you represent and agree to all of the following:  (1) You will not post any obscene, indecent, offensive, misleading comment or content, or content which Owner in its sole discretions determines is inappropriate. (2)  Your posts do not contain any defamatory, tortious, illegal or unlawful material or content. (3) You own the rights to all information and material that you post, you have the right to post such information, your posts do not violate any copyright or trademark or privacy laws or rights, and you are not using or disclosing confidential or proprietary information contrary to any law, or rights of any person, or without all required prior permission in the form required by law.  (4) .Your Posts do not contain any viruses, malware or any other malicious, destructive or improper attachments or features. (6) Your posts will not contain spam or constitute or be used to solicit any commercial activity or business. (7) Your posts will not comprise or be used to solicit or carry out any unlawful activity.

User’s Grant of Rights to Owner. By utilizing this Website or participating or otherwise utilizing or posting to the Blog, you also agree to all of the following and grant to Owner any associated or specified rights:  (1) Owner shall have the Website right to remove from the Blog all or part of any post or comment posted by a you, at Owner’s sole discretion, including but not limited to  that which is deemed by Owner in its  sole discretion to violate any part of the immediately preceding paragraph or any other provision of these Terms of Use. (2) You grant Owner and its employees, owners, agents and representatives, as Well as any other person who has read or otherwise acquired any part of any content posted by you on the Blog, the non-exclusive, royalty-free and full right, license and authority to reproduce, transmit, publish or use in any way, all or any part of the content of your posts in any manner that Owner or such person wishes. (3) You waive and release any claim, complaint, right or recourse against Owner, or its agents, representative, owners, officers or anyone connected with Owner, for infringement of any proprietary or ownership right in any such posting by you, as a result of any use of all or any part of any of your posts by Owner or any other person. (4) Owner shall have the right to forward any information concerning you or any post or comment posted by you as is required by law or order of any court or in response to any request or demand of any third person. (5)  Submissions/Comments.  Any communications, comments and/or suggestions submitted by you to Owner through the Website, email or in any other form or medium (online or offline), will become Owner’s property upon submission by you.

 

PRIVACY

Privacy PolicyYour privacy is important to us and We have a very simple privacy policy.  We will collect no personally identifiable information about you when you visit the Website or Blog unless you choose to provide that information. This Privacy Policy does not describe information collection practices on other sites, including those linked to or from our website, and does not cover third party Users of our Website. The service on which the website is located collects and saves only the default information customarily logged by web server software. Such information may include the date and time of your visit, the originating IP address, and the pages and images requested.  Any personal information that you provide us will not be sold to third parties for marketing or advertising purposes, and will only be shared with outside parties as required by law, or as directed by you in written form satisfactory to us.  Users of this Website do not have the right to harvest this site for e-mail addresses or any other user information for their own marketing, advertising, commercial or other purposes.

Security ConsiderationsInformation sent or received over the internet, including e-mail, is not generally considered secure.  The Website is unable to guarantee the confidentiality or security of any communication to or from the Website.  Telephone is generally considered to be a more secure and confidential means of communication.  Do not communicate your or any other person’s personal health information through e-mail.

Blog.  NOTICE – THIS WEBSITE’S BLOG IS OPEN AND IN NO WAY PRIVATE.  Do not post any information to the Blog that you do not want to be public.  Do not post any private, privileged or confidential information which you wish to protect, concerning you or any other person.  We specifically advise you not to disclose in the Blog any personal information about you or anyone else, such as credit card numbers, addresses, telephone numbers, social security numbers, birthdates or other personally identifiable information.

WARRANTIES DAMAGES AND LIABILITY; WAIVERS, DISCLAIMERS AND INDEMNITY

Owner’s Disclaimer of Warranties/Liability/Damages.  In the following six (6) numbered paragraphs, the term “Owner” shall include and incorporate any employee, officer, director, agent, representative or owner of Owner, as well as any successor or assign of such person.

(1) THIS WEBSITE, ALL BLOGS AND ANY VEHICLE, APPLICATION OR SITE PROVIDED BY OR THROUGH OR IN THE NAME OF OWNER OR ANY EMPLOYEE, OFFICER, DIRECTOR, AGENT, REPRESENTATIVE OR OWNER OF OWNER, IS PROVIDED ON AN “AS IS’ BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, OR WARRANTIES OF TITLE.  ALL SUCH WARRANTIES ARE HEREBY FULLY AND COMPLETELY DISCLAIMED TO THE FULL EXTENT ALLOWED BY LAW, INCLUDING BUT NOT LIMITED TO THE FOLLOWING DISCLAIMERS.

(2) Owner specifically gives notice that it assumes no liability for computer viruses or other technical problems resulting from your use of this site, or any damage resulting to you or any user as a result.

(3) There is no warranty on the accuracy, timeliness, or completeness of content on this Website.  This Website and its Owner assumes no liability for any errors or omissions on this site, or for any damage or loss resulting from this Website’s contents.

(4) NEITHER OWNER NOR ANY PERSON WHO PARTICIPATED IN THE CREATION OR ADMINISTRATION OF ANY PART OF THE WEBSITE SHALL BE LIABLE FOR ANY DAMAGES OF ANY KIND IN ANY WAY RELATED TO OR ARISING OUT OF THE USE OF OR INABILITY TO USE ANY PART OF THE WEBSITE, OR IN ANY WAY RELATED TO OR ARISING OUT OF ANY CONTENT PLACED ON THE WEBSITE BY ANY OTHER PERSON.

(5) USE OF THE WEBSITE IS AT THE USER’S OWN RISK.  OWNER SPECIFICALLY DISCLAIMS LIABILITY FOR ANY DAMAGES OR INJURY OF ANY NATURE (INCLUDING INCIDENTIAL, CONSEQUENTIAL, PUNITIVE, DIRECT OR INDIRECT DAMAGES, OR DAMAGES FOR LOST WAGES OR PROFITS) TO ANY USER OR ANY OTHER PERSON, IN ANY WAY RELATED TO OR, RESULTING FROM ANY ACT OR OMISSION OF ANY USER OR OTHER PERSON, OR THE USE OR ACCESS OF THE WEBSITE BY USER OR ANY OTHER PERSON, INCLUDING DAMAGES OF THE FOLLOWING NATURE OR DAMAGES WHICH ARE CAUSED BY ANY OF THE FOLLOWING: ANY ACT OR OMISSION BY ANY OTHER PERSON; ANY MALFUNCTION, ERROR, OMISSION, DEFECT, DELAY OF ANY KIND; ANY COMPUTER VIRUS OR MALWARE, COMMUNICATION LINE FAILURE; THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF PERSONAL, PRIVATE, CONFIDENTIAL OR PROPRIETARY INFORMATION; THE POSTING OF ANY INFORMATION BY ANY USER OR PERSON UPON THE BLOG, OR THE FURNISHING OF SUCH INFORMATION TO OWNER OR ANY PERSON AND/OR THE RE-USE OR RE-PUBLICATION OR RE-TRANSMISSION OF SUCH INFORMATION; BREACH OF CONTRACT; NEGLICENCE OR OTHER TORT BY OR RESULTING FROM ANY OTHER CAUSE OF ACTION OR ANY ACT OR OMISSION BY ANY THIRD PARTY OR OTHER USER OF OR VISITOR TO THE WEBSITE.

(6) Certain content portions of the Website may be supplied by third parties, and the Website my provide links to other sites or services. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, are those of the respective author(s) or distributor(s) and not of Owner.  Owner does not guarantee the accuracy, completeness, or usefulness of any such content, nor of any other website or source, does not warrant or guarantee the merchantability or fitness for any particular purpose of any such content or source, and DISCLAIMS ALL RELATED WARRANTIES OR LIABILITY. Owner neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement made on the Website or in the Blog by anyone other than authorized spokespersons of Owner while acting in their official capacities, and then subject to the remaining disclaimers and terms of these Terms of Use.

Users Waivers of Claims.  By and as a condition of using the Website or Blog, each User of the Website or Blog specifically agrees as follows: 

(1)  Neither Owner nor any of Owner’s owners, officers, employees, managers, agents or representatives, nor any person who participated in the creation or administration of any part of the website shall be liable to User for any damages of any kind in any way related to or arising out of User’s the use of or inability to use any part of the website, or in any way related to or arising out of any content placed on the Blog by any person.

(2)  User waives any claims for any damages or liability disclaimed by or on behalf of Owner or any employee, officer, director, agent, representative or owner of Owner, as well as any successor or assign of such person, in any section of these Terms of Use, and releases and discharges Owner or any employee, officer, director, agent, representative or owner of Owner from any such claims, damages or liability.

IndemnificationEach User agrees to defend, indemnify and hold harmless Owner and all of Owner’s owners, officers, agents employees and representatives and affiliates, and all successors and assigns of the foregoing, from and against all claims, losses, damages and expenses of that User and any other person, including attorneys’ fees, arising out of (1) User’s use of the Website or Blog. (2) Any violation or breach by User of any Terms of Use set forth above or below, specifically including but not limited to the provisions of “User’s Warranties and Agreements as to Content of Posts” set forth above in these Terms of Use. (3) Any acts of omissions of User or anyone acting on User’s behalf or in concert with User.

Entire Agreement.  These Terms of Use, as may be hereafter modified by Owner, and any other rules or terms referred to herein as being applicable to or binding upon the application of these Terms of Use, constitute the entire agreement of the parties with respect to the subject matter of these Terms of Use, and supersede all previous written or oral agreements or understandings between the parties with respect to such subject matter.

Controlling Law. This Agreement shall be construed in accordance with the laws of the State of Michigan, without regard to its rules on conflict of laws.  Any cause of action of any nature arising out this agreement or these Terms of Use, shall be brought in the court with proper jurisdiction and venue over Owner, located in Oakland County, Michigan.

Digital Millennium Copyright Act Compliance and Policy:
In this section, the use of the terms “We” or “Us” or “Our” refers to Owner.  We comply with the provisions of the Digital Millennium Copyright Act (“DCMA”) applicable to Internet service providers (17 U.S.C. § 512).  The text of the DCMA may be found at the U.S. Copyright Office Web Site, http://www.copyright.gov).  If you have copyright or ownership concerns or complaints about any materials posted on this Website or the Blog by others, or if you have any other complaints or objections to material posted on the Website or Blog, please provide Us Notice in writing to out Designated Agent in the form and with the content provided below.

Abigail Schildcrout
Practical Medical Insights
13123 LaSalle
Huntington Woods, MI 48070

email: asmd@practicalmedicalinsights.com

To be effective as to Us, the Notice must include the following:

  • A physical or      electronic signature of the owner or a person authorized to act on behalf      of the owner (“Complaining Party”) of an exclusive right that is      allegedly infringed;
  • Identification of the      copyrighted work(s) claimed to have been infringed, or if multiple      copyrighted works on a single online site of Owner are covered by a single      notification, a representative list of such works at that site.
  • Identification of the      material that is claimed to be infringing or to be the subject of      infringing activity and that is to be removed or access to which is to be      disabled, and information reasonably sufficient to permit Us to so do.
  • Information reasonably      sufficient to permit Us to contact the Complaining Party, such as an      address, telephone number, and if available, an e-mail address at which      the Complaining Party may be contacted.
  • A statement that the      Complaining Party has a good faith belief that use of the material in the      manner complained of is not authorized by the copyright owner, its agent,      or the law.
  • A statement that the      information in the notification is accurate, and under penalty of perjury,      that the Complaining Party is the owner or is authorized to act on behalf      of the owner of an exclusive right that is allegedly infringed.

 

Upon receipt of proper notification of claimed infringement, We will follow the procedures outlined in this Policy and in the DMCA. It is Our policy to expeditiously respond to clear notices of alleged copyright infringement that comply with the United States Digital Millennium Copyright Act (DMCA). It is expected that all users of or contributors to any part of the Owner’s site will comply with applicable copyright laws. If, however, We receive proper notification of claimed copyright infringement, Our response to such notices will include removing or disabling access to material claimed to be the subject of infringing activity and/or terminating subscribers or users, regardless of whether We may be liable for such infringement under United States law or the laws of another jurisdiction.  If We remove or disable access in response to such a notice, We will make a good-faith attempt to contact user/owner or administrator or originator/poster of the allegedly infringing content so that they may make a counter notification pursuant to the DMCA (see sections 512(g)(2) and (3) of the DMCA). We may also document notices of alleged infringement on which We act.  Please note that you may be liable for damages (including costs and attorney’s fees) if you materially misrepresent that material is infringing your copyright(s). Accordingly, if you are not sure if you are the proper copyright holder or if copyright laws protect your material/the allegedly improperly posted material, please consult independent legal counsel of your choosing; Owner shall not provide legal advice to you relative to any such a determination or issue.

If We remove or disable access to Owners site or online services in response to such a notification, We will make a good-faith attempt to contact the owner, user or person whose information or access is so removed or disabled, so that they may make a counter notification pursuant to the DMCA. We may also document notices of alleged infringement on which We act or do not act.

Upon receipt of such counter notification, We will promptly provide the person who provided the original infringement notification with a copy of the counter notification, and inform that person that We may replace the removed material or cease disabling access to it in 10 business days.  We may replace the removed material and cease disabling access to it not less than 10, nor more than 14, business days following receipt of the counter notice, unless Our Designated Agent first receives notice from the person who submitted the original infringement notification that such person has filed an action seeking a court order to restrain the allegedly offending party from engaging in infringing activity relating to the material on Our site, system or network.

In accordance with the DMCA, we may permanently disable and/or terminate the accounts or access of users who are repeat infringers (see Section 512(i)(1)(a) of the DCMA).

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