PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE.
By using this site, you signify your assent to these Terms and Conditions. If you do not agree to all of these Terms and Conditions of use, do not use this site.
JustGotDiagnosed.com may revise and update these Terms and Conditions at any time. Your continued usage of the JustGotDiagnosed.com website (“JustGotDiagnosed,” or the “Site,”) will mean you accept those changes.
JustGotDiagnosed.com is Not a Substitute for Professional Advice
The contents — articles, images, worksheets, lists, Blogs, etc. (“content”) — of JustGotDiagnosed.com are for informational purposes only. The content is not intended to be a substitute for professional medical or psychological advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical or psychological condition. Do not disregard professional medical advice or delay in seeking it because of something you have read on JustGotDiagnosed.com.
JustGotDiagnosed does not recommend or endorse any specific tests, physicians, products, procedures, opinions, or other information that may be mentioned on the Site. Reliance on any information provided by JustGotDiagnosed, Gary McClain, others appearing on the Site at the invitation of JustGotDiagnosed, or other visitors to the Site is solely at your own risk.
The Site may contain health- or medical-related materials that are explicit and intended for an adult audience. If you find these materials offensive, you may not want to use our Site.
Use of Content
JustGotDiagnosed authorizes you to view or download a single copy of the material on the Site solely for your personal, noncommercial use if you include the following copyright notice: “Copyright (c) 2007, Gary R. McClain, PhD. All rights reserved” and other copyright and proprietary rights notices that are contained in the Content. Any special rules for the use of other items accessible on the 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 Gary McClain, JustGotDiagnosed, 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 JustGotDiagnosed. All rights not expressly granted herein are reserved.
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.
The use of the JustGotDiagnosed.com and the Content is at your own risk.
When using the Site, information will be transmitted over a medium that may be beyond the control and jurisdiction of JustGotDiagnosed. Accordingly, JustGotDiagnosed and Gary McClain assume no liability for or relating to the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Site.
JustGotDiagnosed.com and the content are provided on an “as is” basis. JUSTGOTDIAGNOSED AND GARY McCLAIN 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. Without limiting the foregoing, JustGotDiagnosed, 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 Site.
- The satisfaction of any government regulations requiring disclosure of information on prescription drug products or the approval or compliance of any software tools with regard to the Content contained on the Site.
In no event shall JustGotDiagnosed, its licensors, its suppliers, or any third parties mentioned on the 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 of or inability to use the JustGotDiagnosed Site or the Content, whether based on warranty, contract, tort, or any other legal theory, and whether or not JustGotDiagnosed, its licensors, its suppliers, or any third parties mentioned on the Site are advised of the possibility of such damages. JustGotDiagnosed, its licensors, its suppliers, or any third parties mentioned on the Site shall be liable only to the extent of actual damages incurred by you, not to exceed U.S. $1000. JustgotDiagnosed, its licensors, its suppliers, or any third parties mentioned on the Site are not liable for any personal injury, including death, caused by your use or misuse of the Site, Content, or Public Areas (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.
You agree that you will not upload or transmit any communications or content of any type to the Public Areas (including blogs, message boards, etc.) that infringe or violate any rights of any party. By submitting communications or content to the Public Areas, you agree that such submission is non-confidential for all purposes.
If you make any such submission, you agree that you will not send or transmit to JustGotDiagnosed or Gary McClain by email, (including through the email addresses listed on the “Contact Us” link) any communication or content that infringes or violates any rights of any party. If you submit any business information, idea, concept or invention to JustGotDiagnosed or Gary McClain by email, you agree such submission is non-confidential for all purposes.
If you make any submission to a Public Area or if you submit any business information, idea, concept or invention to JustGotDiagnosed or Gary McClain by email, you automatically grant-or warrant that the owner of such content or intellectual property has expressly granted JustGotDiagnosed and/or Gary McClain 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. JustGotDiagnosed may sublicense its rights through multiple tiers of sublicenses. If you wish to keep any business information, ideas, concepts or inventions private or proprietary, do not submit them to the Public Areas or to JustGotDiagnosed by email. We try to answer every email in a timely manner, but are not always able to do so.
JustGotDiagnosed User Registration allows you to record and store information. You are responsible for taking all reasonable steps to ensure that no unauthorized person shall have access to your JustGotDiagnosed passwords or accounts. It is your sole responsibility to (1) control the dissemination and use of activation codes and passwords; (2) authorize, monitor, and control access to and use of your JustGotDiagnosed account and password; (3) promptly inform JustGotDiagnosed of any need to deactivate a password. You grant JustGotDiagnosed and all other persons or entities involved in the operation of the Site the right to transmit, monitor, retrieve, store, and use your information in connection with the operation of the Site. JustGotDiagnosed cannot and does not assume any responsibility or liability for any information you submit, or your or third parties’ use or misuse of information transmitted or received using JustGotDiagnosed content, tools or services.
JustGotDiagnosed Member to Member Areas (“Public Areas”)
If you use a Public Area, such as Blog comments, bulletin board or community, 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. JustGotDiagnosed and its licensors are 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.
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 others or on the privacy or publicity rights of others;
- Posting material that is unlawful, obscene, defamatory, threatening, harassing, abusive, slanderous, hateful, or embarrassing to any other person or entity as determined by JustGotDiagnosed in its sole discretion;
- 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 identification for posting or viewing comments; 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 JustGotDiagnosed, exposes JustGotDiagnosed or any of its customers or suppliers to any liability or detriment of any type.
JustGotDiagnosed reserves the right (but is not obligated) to do any or all of the following:
- Record the dialogue in public areas.
- 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 JustGotDiagnosed 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 JustGotDiagnosed Site, regardless of whether such communication(s) violate these standards.
JustGotDiagnosed or its licensors have no liability or responsibility to users of the Site or any other person or entity for performance or nonperformance of the aforementioned activities.
Links to Other Sites
JustGotDiagnosed may provide links to third-party web sites. JustGotDiagnosed does not recommend and does not endorse the content on any third-party websites. JustGotDiagnosed is not responsible for the content of linked third-party sites, 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.
You agree to defend, indemnify, and hold JustGotDiagnosed, 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, resulting from, or alleged to result from, your violation of these Terms and Conditions.
JustGotDiagnosed is based in New York, New York, in the United States of America. JustGotDiagnosed makes no claims that JustGotDiagnosed.com 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 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 this Agreement for any reason whatsoever: Liability, User Submissions, Indemnity, Jurisdiction, and Complete Agreement.
You expressly agree that exclusive jurisdiction for any dispute with JustGotDiagnosed, or in any way relating to your use of the Site, resides in the courts of the State of New York and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the State of New York in connection with any such dispute including any claim involving JustGotDiagnosed 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 New York, 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.
Notice and Takedown Procedures
If you believe any materials accessible on or from the Site infringe your copyright, you may request removal of those materials (or access thereto) from this web site by contacting JustGotDiagnosed and providing the following information:
- Identification of the copyrighted work that you believe to be infringed. Please describe the work, and where possible include a copy or the location (e.g., URL) of an authorized version of the work.
- Identification of the material that you believe to be infringing and its location. Please describe the material, and provide us with its URL or any other pertinent information that will allow us to locate the material.
- Your name, address, telephone number and (if available) e-mail address.
- A statement that you have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent, or the law.
- A statement that the information that you have supplied is accurate, and indicating that “under penalty of perjury,” you are the copyright owner or are authorized to act on the copyright owner’s behalf.
- A signature or the electronic equivalent from the copyright holder or authorized representative.
In an effort to protect the rights of copyright owners, JustGotDiagnosed maintains a policy for the termination, in appropriate circumstances, of account holders of the Site who are repeat infringers.
Thank you for your cooperation. We hope you find JustGotDiagnosed.com helpful, informative, and easy to use. Questions or comments regarding this website, including any reports of non-functioning links, should be submitted using our Contact Us information.