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TERMS OF USE THE SERVICE IS NOT MEDICAL ADVICE The Service is intended to be used for informational purposes only. The Service is not intended to be a substitute for professional medical 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 condition. Never disregard or delay obtaining professional medical advice because of anything you have read on the Service! If you think you may have a medical emergency, call your doctor or 911 immediately. TauMed does not recommend or endorse any specific tests, physicians, products, procedures, opinions, or other information that may be mentioned on the Service. Reliance on any information provided on the Service, including by TauMed employees, others appearing on the Service at the invitation of TauMed, or other users of the Service is solely at your own risk. USE & ELIGIBILITY You and other users of the Service ("Users") can access the TauMed Content (as defined below). Users can contribute their own content in the form of comments to blog posts, forum discussions, and other contributions. You may have access to content that you and other Users supply (collectively "User-Supplied Content"). Please note that TauMed does not provide any Internet connectivity services, nor does TauMed provide any computer equipment for Users. You are entirely responsible for securing and paying for any such services and equipment, and for ensuring that such services and equipment meet the minimum requirements for the use of the Services. You must be 18 years of age or older to visit or use TauMed.com in any manner. By visiting TauMed.com or accepting this Agreement, you represent and warrant to TauMed that you are 18 years of age or older, and that you have the right, authority and capacity to agree to and abide by this Agreement. You also acknowledge and agree that the Service may contain sexually explicit discussions of medical issues, and that if you are offended by such discussions, you will not use those portions of the Service. PRIVACY For information regarding TauMed's use of information collected in connection with the Service, please refer to the TauMed Privacy Policy, and which is hereby incorporated by reference. Please review this privacy policy before you complete the registration process or attempt to use or access the Service. ACCOUNTS & REGISTRATION You may establish one (1) User account (the "Account") per email address you supply to TauMed. Notwithstanding anything to the contrary herein, you acknowledge and agree that you shall have no ownership or other property interest in the Account, and you further acknowledge and agree that all rights in and to the Account (including but not limited to any TauMed Content and the unique User name) are and shall forever be owned by TauMed. When you register with any TauMed Service, you may be asked to provide TauMed with certain information including, without limitation, (e.g. your birthdate, gender, zip code, name, e-mail address, country or territory of residence, and you agree to provide true, accurate, current and complete information about yourself as prompted by such process (such information being "Personal Information"). If you open an Account, and any of your Personal Information changes (e.g., new address or email address, new phone number, etc.), you must update that information in your Account. The User name that you select must comply with the requirements for other User-Supplied Content, and such other policies that TauMed may publish from time to time. You agree that you will not allow others to use your User name, password (to the extent a password is required to access the Service) and/or Account. USE OF TAUMED CONTENT The contents of the Service such as text, graphics, images, logos, button icons, hypertext markup language, software, and other content and the selection and arrangement thereof (collectively, "TauMed Content"), are the property of TauMed and/or its business partners, affiliates, assigns, licensors or other respective owners. The TauMed Content is protected under both United States and international patent, copyright, trademark and other intellectual property laws. TauMed may include in some TauMed Content or in conjunction with your User-Supplied Content third party advertisements that appear when that TauMed Content or User-Supplied Content are viewed. You hereby consent to the display and/or playback of these advertisements in conjunction with your User-Supplied Content. To the extent you elect to use or access TauMed Content or User-Supplied Content from other Users, you also consent to the display of advertisements therein. Subject to all of the terms and conditions of this Agreement, TauMed hereby grants you a personal, limited, non-exclusive, non-transferable, revocable right to view TauMed Content on your compatible computer or device solely for your own non-commercial use as authorized by TauMed in connection with the Service. TauMed reserves the right to revoke this limited license at any time in its entirety or with respect to any TauMed Content, for any reason, and at the sole discretion of TauMed. Except as expressly set forth in this Agreement, all trademarks, service marks, trade names, domain names, slogans, logos, and other indicia of origin that appear on or in connection with the Service are the property of TauMed and/or its affiliates and licensors. You may not copy, display or use any of these marks without prior written permission of the mark owner. All rights not expressly granted to you are reserved. For the avoidance of doubt, your use of the Service and the TauMed Content is under license and will terminate if this Agreement terminates, regardless of whether the relevant Service or TauMed Content is free or you have paid for it; you will not obtain any ownership interest in any TauMed Content through this Agreement or otherwise. You agree not to use, download, reproduce, modify, create derivative works from, display, perform, publish, distribute, disseminate, transmit, broadcast or circulate any TauMed Content to any third party, except as expressly authorized by TauMed in connection with the Service. Any unauthorized or prohibited use may subject the offender to civil liability and criminal prosecution under applicable federal and state laws. USER-SUPPLIED CONTENT By posting User-Supplied Content to any public or non-public area of any TauMed Site, including but not limited to blog comments, message boards discussion forums, and video content you grant TauMed the royalty-free, perpetual, irrevocable, assignable, transferable, and sublicenseable (through multiple tiers), non-exclusive license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, communicate to the public, perform and display the User-Supplied Content (in whole or in part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed, for the full term of any rights that may exist in such content. You also warrant that the holder of any rights, including moral rights in such content, has irrevocably granted to you the right to grant the license stated above, and if necessary, completely and effectively waived any such rights that are not licenseable. In other words, you represent and warrant that you have all necessary rights in and to all User-Supplied Content you provide and all information contained therein. Subject to the foregoing, the owner of such User-Supplied Content placed on any TauMed Site retains any and all rights that may exist in such User-Supplied Content and remains solely responsible for such User-Supplied Content. Please contact our Copyright Agent as described below if you believe that your rights are being infringed. We appreciate hearing from our Users and welcome your comments regarding our services and the TauMed Monitor Site. Please be advised, however, that our policy does not permit us to accept or consider creative ideas, suggestions, inventions or materials other than those we have specifically requested. While we do value your feedback on our services, please be specific in your comments regarding our services and do not submit creative ideas, inventions, suggestions, or materials to us in your User-Supplied Content or otherwise. If, despite our request, you send us creative suggestions, ideas, drawings, concepts, inventions, or other information (collectively the "Submission"), you assign all right, title and interest in that Submission to TauMed. TauMed shall own exclusively all now known or later discovered rights to the Submission and shall be entitled to unrestricted use of the Submission for any purpose whatsoever, commercial or otherwise, without compensation to you or any other person who submitted the Submission. None of the Submission shall be subject to any obligation of confidentiality on our part and we shall not be liable for any use or disclosure of any Submission. While TauMed also appreciates suggestions of URLs or other resource to TauMed for TauMed to include in its index of health information, TauMed is under no obligation to include such resources in its index. TauMed considers many factors in determining whether or not to include a resource in its index, and may include or exclude a resource at TauMed's sole discretion. TauMed takes no responsibility and assumes no liability for any User-Supplied Content that you or any other Users or third parties post or send over the Service. You understand and agree that any loss or damage of any kind that occurs as a result of the use of any User-Supplied Content that you upload, download, stream, post, transmit, display, or otherwise make available or access through your use of the Service, is solely your risk and your responsibility. TauMed neither endorses nor is responsible for the accuracy or reliability of any content, opinion, advice, information, or statement made on or in connection with the Service by anyone other than authorized TauMed employees acting in their official capacities. TauMed has the right in its sole discretion to edit or remove any User-Supplied Content or other material sent via, stored via, submitted to, or uploaded to the Service. Without limiting the foregoing, TauMed has the right, but not the obligation, to edit or remove any content or material that it, in its sole discretion, finds to be in violation of the provisions of these terms and conditions, or for any other reason. You acknowledge that TauMed shall not assume or have any liability for any action or inaction by TauMed with respect to any User-Supplied Content. In addition to the above, you acknowledge and agree that TauMed may access, review, store, reproduce and/or disclose, as applicable, any User-Supplied Content if required to do so, or if TauMed has a good faith belief that it is required, by law, court orders or other legal processes, to enforce this Agreement, to respond to any claims that such User-Supplied Content (or your use of the same) violates any third party's rights, or to protect the rights, property or personal safety of TauMed, its business partners, affiliates, licensors and/or licensees, any other User, or the general public. INDEXING AND SEARCHES Except as specifically permitted by TauMed's "robots.txt" files, you will not use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation web crawlers, browsers, spiders, robots, or intelligent agents) to index, "scrape", or otherwise record or annotate any elements of the Service. CODE OF CONDUCT You may not use the Service in any way that violates applicable federal, state, or international law, or for any unlawful purpose. You may not use the Service to send, receive, or download messages or materials that are inappropriate or violate the intellectual property rights of TauMed or others. All Users agree not to: (a) make any unsolicited communication regarding promotions and/or advertising of products or services to any other User; (b) sell, rent, lease or otherwise assign to any third party any rights to any TauMed Content or User-Supplied Content; (c) remove any proprietary notices or labels on any TauMed Content or User-Supplied Content; (d) use any elements of the Service for any commercial purpose; (e) use any elements of the Service to invade the privacy of, or obtain personal information about, any User, or to obtain a list of Users; (f) use any elements of the Service to violate any law or right of any third party, including any publicity or privacy right, copyright, other intellectual property right, or any contractual, fiduciary or confidentiality obligation or duty, or to take any action that is harassing, defamatory, abusive, tortious, threatening, harmful or otherwise objectionable; (g) engage in any activity that disrupts or impairs the functionality, performance, or quality of the Service, including any attempt to copy, modify, erase or damage any information contained on computer servers used or controlled by TauMed or any third party used in connection with the Service; (h) attempt to decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up a part of any TauMed Site; (i) aggregate, copy or duplicate in any manner any of the TauMed Content or information available from any TauMed Site; (j) link to any TauMed Content or information available from any TauMed Site except using the hyperlink provided by TauMed for such TauMed Content, and then only as a direct link, without framing or hotlinking; or (k) in any way interfere with or bypass any element of the Service restricting access to certain portions of the Service, including, but not limited to, any attempt to obtain passwords or other private information from other Users or any attempt to deceive TauMed or other Users as to your identity, any third-party affiliations you may have, or the source of any data transmitted by you or others. You will not contribute any User-Supplied Content that: (a) may be reasonably interpreted as a solicitation, advertisement or promotion of any kind; (b) contains any hyperlinks, "hidden" keywords or any keywords that are irrelevant to the themes of the Service; (c) engages in, endorses or promotes racism, bigotry, hatred, harassment, or physical harm of any kind against any group or individual; (d) promotes or endorses false or misleading information or illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous; (e) contains otherwise restricted or password only access pages, or hidden pages or images; (f) displays or links to pornographic, indecent or sexually explicit material of any kind; (g) provides or links to material that exploits people under the age of 18 in a sexual, violent or other manner, or solicits personal information from anyone under 18; or (h) provides or links to instructional information about illegal or harmful activities or activities that violate the rights of any other party, including without limitation, intellectual property infringement or misappropriation. DISCLAIMER OF LIABILITY AND WARRANTY The disclaimers of liability in this Section are in addition to any other disclaimers elsewhere in this Agreement. TauMed has the right, but not the obligation, to monitor, modify, restrict the contribution of and/or remove User-Supplied Content, in TauMed's sole discretion. TauMed has no liability or responsibility to Users for performance or nonperformance of such activities. TauMed is not responsible to you for your reliance on or use of any content or materials constituting all or part of any TauMed Content, any User-Supplied Content, or any other aspect of the Service. You understand and agree that any loss or damage of any kind that occurs as a result of the use of any User-Supplied Content that you access through your use of the Service, is solely your risk and your responsibility. By viewing the Service, you may be exposed to content that you rely upon to your detriment. You take sole responsibility for such exposure and reliance. Because user authentication on the Internet is difficult, TauMed cannot and does not confirm that each User is who they claim to be. Because we do not and cannot be involved in user-to-user dealings or control the behavior of participants on any portion of the Service, in the event that you have a dispute with one or more Users, you release TauMed (and our agents and employees) from claims, demands and damages (actual and consequential, direct and indirect) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code Section 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor." THE SERVICE IS PROVIDED ON AN "AS IS" BASIS WITHOUT ANY WARRANTIES OF ANY KIND. TAUMED, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTY OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE AND NON-INFRINGEMENT. THE USE OF THE SERVICE ENTIRELY IS AT YOUR OWN RISK. WITHOUT LIMITING THE GENERALITY OF THE ABOVE, TAUMED MAKES NO WARRANTIES THAT (1) THE SERVICE WILL BE ACCURATE, RELIABLE, COMPLETE, OR TIMELY; (2) THE SERVICE WILL OPERATE ERROR-FREE OR FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS; OR (3) THE SERVICE COMPLIES WITH ANY GOVERNMENT REGULATIONS REQUIRING DISCLOSURE CONCERNING PRESCRIPTION DRUG PRODUCTS, MEDICAL DEVICES, OR OTHER MEDICAL INFORMATION. YOU WILL NOT HOLD TAUMED RESPONSIBLE FOR ANY DAMAGES THAT RESULT FROM YOU ACCESSING THE SERVICE OR USING THE SERVICE AND/OR THE TAUMED CONTENT. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY ANY PERSON SHALL CREATE A WARRANTY IN ANY WAY WHATSOEVER RELATING TO TAUMED. UNDER NO CIRCUMSTANCES SHALL TAUMED BE LIABLE FOR ANY UNAUTHORIZED USE OF THE SERVICE AND/OR THE TAUMED CONTENT. LIMITATION OF LIABILITY IN NO EVENT SHALL TAUMED, ITS SUPPLIERS, OR ANY THIRD PARTIES MENTIONED ON THE SERVICE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST INCOME, PROFIT, OR GOODWILL, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RELATING IN ANY WAY TO ANY ELEMENT OF THE SERVICE, WHETHER SUCH DAMAGES ARE BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT TAUMED IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT THAT IN A PARTICULAR CIRCUMSTANCE ANY DISCLAIMER OR LIMITATION ON DAMAGES OR LIABILITY SET FORTH HEREIN IS PROHIBITED BY APPLICABLE LAW, THEN, INSTEAD OF THE PROVISIONS HEREOF IN SUCH PARTICULAR CIRCUMSTANCE, TAUMED, SHALL BE ENTITLED TO THE MAXIMUM DISCLAIMERS AND/OR LIMITATIONS ON DAMAGES AND LIABILITY AVAILABLE AT LAW OR IN EQUITY BY SUCH APPLICABLE LAW IN SUCH PARTICULAR CIRCUMSTANCE, AND IN NO EVENT SHALL SUCH DAMAGES OR LIABILITY EXCEED FIVE HUNDRED DOLLARS ($500). Notwithstanding the foregoing, in no event shall TauMed's liability to you for any and all claims, damages, losses, and causes of action (whether in contract, tort or otherwise) exceed the amount paid by you as an individual, if any, for accessing the Service. PROMOTIONS AND ADVERTISING TauMed and/or its business partners may present advertisements and promotional materials on or through the Service. Your participation in any TauMed promotional event is subject to the terms and conditions associated with that event. Your correspondence or business dealings with, or participation in promotions of, any third-party advertisers on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. You agree that neither TauMed nor its business partners shall be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such third parties on the Service. THIRD PARTY LINKS The Service contains links through advertising and otherwise, to various third party web sites and other resources ("Linked Entities"). These Linked Entities are not under the control of TauMed and TauMed is not responsible or liable for the content, communications or materials of any Linked Entities. TauMed is providing these links to you as a convenience only. The inclusion of any link does not imply endorsement by TauMed of the Linked Entity or any association with its operators. You are responsible for adhering to the applicable terms of service for any Linked Entity. You are solely responsible and liable for any interactions you may have with such entities, their sponsors and other third parties. Unauthorized copying or distribution of copyrighted TauMed Content or User-Supplied Content is an infringement of the copyright holder's rights. At our discretion and in appropriate circumstances, TauMed may revoke the license of Users who infringe upon the copyright, or other intellectual property rights, of others. If you are a copyright holder who believes that TauMed's Service is hosting or linking directly to infringing copies of your work, please let us know. Pursuant to 17 United States Code 512(c)(2), our designated agent for notice of alleged copyright infringement on the Service is: Attn: Copyright Agent TauMed, Inc. 111 New Montgomery Street, Suite 200 San Francisco, CA 94105 copyrightagent [at] taumed [dot] com Pursuant to Title 17, United States Code, Section 512(c)(3), a notification of claimed infringement related to the Service must be a written communication addressed to the designated agent as set forth above, and must include substantially all of the following:
U.S. GOVERNMENT RESTRICTED RIGHTS All Content supplied by or through the Service is provided with "RESTRICTED RIGHTS." use, duplication, or disclosure by the U.S. Government is subject to restrictions as set forth in FAR52.22724 and DFAR252.227-7013 et seq. or its successor. Use of any of such Content by the U.S. Government constitutes acknowledgment of our or our suppliers' proprietary rights in them. In the event that the Agreement, or any part thereof, is deemed inconsistent with the minimum rights identified in the Restricted Right provisions, the minimum rights shall prevail. REMEDIES The remedies described in this section are in addition to the right of termination described under "Termination" and any remedies described elsewhere in this Agreement. TauMed reserves the right in its sole discretion to investigate and take legal action against anyone who violated the Code of Conduct or otherwise violates this Agreement, including without limitation, removing offending User-Supplied Content from the Service and/or suspending the offending User's ability to access the Service. Further, TauMed may take any other action with respect to User-Supplied Content or User actions that it deems necessary or appropriate in its sole discretion, up to and including involving, and cooperating with, law enforcement authorities. You understand and agree that any unauthorized use of the Service would result in irreparable injury to TauMed for which money damages would be inadequate, and in such event TauMed, shall have the right, in addition to other remedies available at law and in equity, to immediate injunctive relief against you. Nothing contained in this paragraph or elsewhere in this Agreement shall be construed to limit remedies or relief available pursuant to statutory or other claims that TauMed may have under separate legal authority, including but not limited to, any claim for intellectual property infringement. You understand and agree that your cancellation of your Account is your sole right and remedy with respect to any dispute with TauMed. You agree to defend, indemnify, and hold harmless TauMed, its partners, parent, subsidiaries, affiliates, agents, distributors, contractors and licensors, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from: (a) any improper, unauthorized or illegal uses of your User name, password and/or your Account (including illegal, unauthorized or improper use by anyone to whom you have given permission to use your User name, password and/or Account); (b) any User-Supplied Content or other material you provide to any TauMed Site, (c) your use of any TauMed Content, or (d) your breach of the terms of this Agreement, including without limitation the Code of Conduct, or of any law or regulation. TauMed shall provide notice to you promptly of any such claim, suit, or proceeding. SUSPENSION OR TERMINATION You may cancel your Account at any time by contacting help [at] taumed [dot] com. TauMed may, in its sole discretion, terminate this Agreement or suspend your Account at any time with or without notice to you in the event that you breach (or TauMed reasonably suspects that you have breached) any provision of this Agreement, or if TauMed is unable to verify or authenticate any information you submit to TauMed as part of the registration process. If TauMed terminates this Agreement, or suspends your Account for any of the reasons set forth in this paragraph, TauMed shall have no liability or responsibility to you, and you agree that you forfeit any amounts you have paid TauMed. TauMed may terminate this Agreement and your Account for any reason or no reason at the end of the then-current Term by providing notice to you. Upon termination of this Agreement for any reason, all of your rights to use the Service and materials shall immediately terminate, and you shall immediately cease using and destroy all TauMed Content; provided, however, that you are still responsible under the terms of this Agreement for any and all actions you may have taken prior to termination. MODIFICATIONS TO SERVICE AND TAUMED CONTENT TauMed may, without liability or obligation, in its sole discretion and at any time make modifications to, or discontinue, any TauMed Content and/or other elements of the Service, with or without providing you with notice (except as we may expressly agree to provide you with notice elsewhere in this Agreement). The modifications may result in certain TauMed Content being unavailable, or incompatible with certain devices. Other Users may similarly delete or cease offering their User-Supplied Content at any time without notice. NOTICES TauMed may provide you with any notices under this Agreement by means of a posting on the Service, by e-mail, or by sending a message to you through the Service. CLAIMS AND ARBITRATION Any action hereunder by a User must be brought, if at all, within one (1) year from the accrual of the cause of action. You agree that the all disputes and claims arising out of, or relating to, this Agreement or any element of the Service, your use of any element of the Service (including the arbitrability of any claim or dispute and the enforceability of this paragraph), or to any other alleged act or omission by you or TauMed, shall be determined exclusively by final and binding arbitration. Provided however, that you agree that the terms of this paragraph do not apply to any breach or alleged breach of the ownership or license rights of TauMed or any of its licensors with respect to any TauMed Content and/or other elements of the Service, or your (or any third party's) misuse of the TauMed Content and/or Service, and that, in the event of any such breach of alleged breach, TauMed and its licensors will be irreparably harmed and entitled to equitable and injunctive relief in addition to all other remedies provided by this Agreement or available at law. The arbitration shall be conducted under the Commercial Arbitration Rules of the American Arbitration Association ("AAA") before a panel of three arbitrators and conducted in San Francisco, California. You and TauMed also agree that the AAA Optional Rules for Emergency Measures of Protection shall apply to the proceedings. Except as expressly set forth above in this paragraph, you and TauMed may litigate in court only to compel arbitration under this Agreement or to confirm, modify, vacate or enter judgment on the award rendered by the arbitrators. To the extent that you have breached or have indicated your intention to breach this Agreement in any manner which violates or may violate TauMed's or any of its licensor's intellectual property rights, or may cause continuing or irreparable harm to TauMed (including, but not limited to, any breach that may impact TauMed's or it's licensor's intellectual property rights, or a breach by reverse engineering), TauMed may seek injunctive relief, or any other appropriate relief, in any court of competent jurisdiction. To the fullest extent permitted by applicable law: no arbitration under this Agreement shall be joined to an arbitration involving any other current or former licensee of TauMed, whether through class arbitration proceedings or otherwise; no finding or stipulation of fact in any other arbitration, judicial or similar proceeding may be given preclusive or collateral estoppel effect in any arbitration hereunder (unless determined in another proceeding between you and TauMed); and no conclusion of law in any other arbitration may be given any weight in any arbitration hereunder (unless determined in another proceeding between you and TauMed). INTERNATIONAL TauMed makes no claims that the Content may be lawfully viewed or accessed outside of the United States. Access to the Content may not be legal by certain persons or in certain countries. If you access the Service from outside of the United States or provide any Content (including User-Supplied Content) to any third party not a United States citizen, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction and / or the jurisdiction of the third party receiving such content. GENERAL As used in this Agreement the term "licensor" or "supplier" shall not refer to the person at that time entering into the Agreement. You understand and agree that, except as expressly set forth herein, this Agreement is not intended to confer and does not confer any rights or remedies upon any person other than the parties to this Agreement. The headings used in this Agreement are for convenience only, and will have no effect on the interpretation or legal enforceability of the terms herein. This Agreement is governed by the internal substantive laws of the state of California, without respect to its conflict of laws principles. The United Nations Convention of Contracts for the International Sale of Goods will not govern this Agreement, and is hereby expressly excluded. Jurisdiction for any claims arising under this agreement shall be governed by the provision concerning arbitration above, and shall otherwise lie exclusively with the State or Federal courts within California. Capitalized terms shall have the meaning set forth in this Agreement. If any provision of this Agreement 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 this Agreement, which shall remain in full force and effect. TauMed's failure to pursue any available claim or defense pursuant to this Agreement or otherwise will not be a waiver of such claim or defense. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term. Except as expressly provided in a separate executed agreement, additional terms of use for areas of the Service, or a specific "Legal Notice", this Agreement and the Privacy Policy constitute the entire agreement between you and TauMed with respect to the use the Service. This Agreement will bind and inure to the benefit of each party's permitted successors and assigns. However, this Agreement is personal to you and may not be transferred, assigned or delegated to anyone. Any attempt by you to assign, transfer or delegate this Agreement shall be null and void. CHANGES TO THE AGREEMENT TauMed may modify this Agreement at any time in our sole discretion. If any modification is unacceptable to you, you agree that your only recourse is to immediately terminate your use of the Service. Your continued use of the Service following our posting of a change of terms notice or new Agreement on the Service, or an email to you providing notice of such change, will constitute your binding acceptance of the change. YOUR ACCEPTANCE OF THIS AGREEMENT INDICATES THAT YOU GIVE CONSENT TO TAUMED TO E-MAIL YOU WITH NOTICES CONCERNING MATERIAL CHANGES IN THIS AGREEMENT OR THE SERVICE. Document last modified on August 9, 2007 1. INTRODUCTION. TauMed Inc. ("us," "we," or "TauMed") is committed to respecting the privacy rights of its customers, visitors, and other users of the TauMed Website ("the Website"). We created this privacy policy ("Privacy Policy") to give you confidence as you visit and use the Website, and to demonstrate our commitment to fair information practices and the protection of privacy. This Privacy Policy is only applicable to the Website, and not to any other websites that you may be able to access from the Website, each of which may have data collection, storage, and use practices and policies that differ materially from this Privacy Policy. 2. TYPES OF INFORMATION COLLECTED 2.1. TRAFFIC DATA COLLECTED. We automatically track and collect the following categories of information when you visit our Website: (1) IP addresses; (2) domain servers; (3) types of computers accessing the Website; (4) types of web browsers used to access the Website; (5) other information associated with the interaction of your browser and the Website (collectively "Traffic Data"). Traffic Data is anonymous information that does not personally identify you. 2.2. COOKIES & WEB BEACONS. We use "cookies" to customize your experience of our Website and to store your password so you do not have to re-enter it each time you visit the Website. (A "cookie" is an element of data that a website, when visited by a user, sends to that user's browser which, in turn, may store that element on the user's hard drive or memory.) At your option, expense and responsibility, you may block our cookies or delete our cookies from your hard drive. However, by disabling cookies, you may not have access to the entire set of features of the Website. We use the services of a marketing company to help us measure the effectiveness of our advertising and how visitors use our site. To do this, we use Web beacons and cookies provided by our marketing company on this site. The type of information we collect includes the pages visited, and other usage data. By supplementing our records, this information helps us learn things like what pages are most attractive to our visitors, which of our products most interest our customers, and what kinds of offers our customers like to see. Although our marketing company manages the information coming from our site on our behalf, we control how that data may and may not be used. If you do not want to help us learn how to improve our site, products, offers and marketing strategy, you can "opt-out" of our ability to analyze such data by clicking here. TauMed may also use third party advertising companies to serve ads on our behalf across the Internet. They may also use cookies and action tags (also called web beacons or clear GIFs) to collect anonymous information about your visits to our website and other websites in order to measure and improve the effectiveness of ads. They do not collect Personal Information. 2.3. PERSONAL INFORMATION COLLECTED. In order for you to access certain areas of the Website, we may require you to provide us with certain information that personally identifies you ("Personal Information"). Personal Information includes the following categories of information: (1) Contact Data (such as your e-mail address and TauMed password); and (2) Demographic Data (such as your zip code, age, and income). If you communicate with us by, for example, e-mail or letter, any information provided in such communication may be collected as Personal Information. 2.4. STORAGE. We store all Personal Information, Traffic Data and review postings indefinitely, even after "deletion," and may archive such information elsewhere. 2.5. CHILDREN. TauMed does not knowingly collect any information from individuals under the age of 13. If we learn that we have received any information from an individual under the age of 13, we will delete that information. 3. USES OF INFORMATION COLLECTED 3.1. TAUMED USE OF INFORMATION. We use Personal Information to provide the Service to you, and to send you information about TauMed or our products or services, or to contact you when necessary. This information may include e-mails to you from us and our partners. You may remove yourself from any email lists we maintain at any time by clicking on the appropriate unsubscribe button or link in the e-mail that we send to you. We may use your Demographic Data or your Traffic Data to customize and tailor your experience on the Website, displaying content that we think you might be interested in and according to your preferences. 3.2. SHARING OF PERSONAL INFORMATION. We share certain categories of information we collect from you in the ways described in this Privacy Policy. We may share Demographic Data with advertisers and other third parties only on an aggregate (i.e., non-personally-identifiable) basis. TauMed does not rent or sell personally identifiable information, such as your name or e-mail address, to advertisers. We also share Personal Information and Traffic Data with our business partners who assist us by performing core services (such as hosting, billing, fulfillment, or data storage and security) related to our operation of the Website. Those business partners have all agreed to uphold the same standards of security and confidentiality that we have promised to you in this Privacy Policy, and they will only use your Contact Data and other Personal Information to carry out their specific business obligations to TauMed. Last, we may transfer information about you if TauMed is acquired by or merged with another company. In this event, we will use reasonable efforts to notify you before information about you is transferred and becomes subject to a different privacy policy. 3.3. USER CHOICE. You may choose not to provide us with any Personal Information. In such an event, you can still access and use much of the Website; however you will not be able to access and use those portions of the Website that require your Personal Information. 4. PROMOTIONS AND SWEEPSTAKES. If you chose to enter a promotion, sweepstakes, or contest hosted by TauMed or sponsored by TauMed and/or one of our partners, we (and/or our promotional partner) may ask for your name, address, and/or email address. You may be asked to provide additional information or to answer certain questions, some of which may be optional, in order to participate. We and/or our partner may contact you in connection with a particular promotion, such as a sweepstakes or contest, in order to update you of your status, administer the promotion, let you know that a promotion has ended, and for other purposes. Promotions that are hosted on the Service may be sponsored by TauMed, may be co-sponsored by TauMed and another company, or may be sponsored by companies other than TauMed. Some or all of the data collected during a promotion may be shared with the sponsor(s) or companies indicated on the entry form. We use third-party advertising companies to generate and manage some of our e-mail promotional campaigns. We may share with these companies Service usage information about those visitors to our web site who have received an e-mail as part of such promotional campaigns. This sharing is for the purpose of targeting future campaigns and upgrading visitor information used in reporting statistics. 5. CONFIDENTIALITY AND SECURITY. Except as otherwise provided in this Privacy Policy, we will keep your Personal Information private and will not share it with third parties, unless we believe in good faith that disclosure of your Personal Information or any other information we collect about you is necessary to: (a) comply with a court order or other legal process; (b) protect the rights, property or personal safety of TauMed or anyone else; (c) enforce our Terms of Use; or (d) respond to claims that any posting or other content violates the rights of third-parties. 5.1. HEALTH PROFESSIONALS. Health professionals, their employees, and their agents should be particularly aware of their obligations of patient confidentiality, including without limitation their obligations under HIPAA, both in communicating with TauMed and in contributing User-Supplied Content. TauMed does not have and will not accept any obligations of confidentiality with respect to any communications other than those expressly stated in this Privacy Policy and TauMed's Terms of Use. 5.2. PUBLIC INFORMATION. Any information that you may reveal in a review posting or other online discussion or forum is intentionally open to the public and is not in any way private. You should think carefully before disclosing any personally identifiable information in any public forum. What you have written may be seen and/or collected by third parties and may be used by others in ways we are unable to control or predict. 5.3. SECURITY. Although we make good faith efforts to store Personal Information in a secure operating environment that is not open to the public, you should understand that there is no such thing as complete security, and we do not guarantee that there will be no unintended disclosures of your Personal Information. If we become aware that your Personal Information has been disclosed in a manner not in accordance with this Privacy Policy, we will use reasonable efforts to notify you of the nature and extent of the disclosure (to the extent we know that information), as soon as reasonably possible and as permitted by law. 5.4. LOST OR STOLEN INFORMATION. You must promptly notify us if your Contact Data is lost, stolen, or used without permission. In such an event, we will remove that Contact Data from your account and update our records accordingly. 6. UPDATES AND CHANGES TO PRIVACY POLICY. We reserve the right, at any time and without notice, to add to, change, update, or modify this Privacy Policy, simply by posting such change, update, or modification on the Website and without any other notice to you. Any such change, update, or modification will be effective immediately upon posting on the Website. If you have any comments on or questions about this Privacy Policy, please contact: information [at] taumed [dot] com Last Modified October 10, 2006. Copyright 2006, TauMed Inc. |
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| The TauMed Service is intended to be used for informational purposes only. The Service is not intended to be a substitute for professional medical 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 condition. Please click here for more information. |