WEBSITE TERMS-OF-USE AGREEMENT

WE WELCOME YOU TO DRS FACT FORUM LLC HEREIN CALLED FACT FORUM. WE ASK THAT YOU READ THE FOLLOWING TERMS OF USE, WHICH CONSTITUTE A LICENSE THAT COVERS YOUR USE OF THIS SITE AND ANY TRANSACTIONS THAT YOU ENGAGE IN THROUGH THIS SITE (AGREEMENT). BY ACCESSING, VIEWING, OR USING THIS SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND, AND AGREE WITH THESE TERMS. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS, PLEASE DO NOT USE THIS SITE.

USE OF SITE

This website is provided solely for the use of current and future approved members to provide you with information.   Any other use of this site is prohibited. You should not use any features of this site that permit communications or postings to post, transmit, display, or otherwise communicate:

i. any defamatory, threatening, obscene, harassing, or otherwise unlawful information;

ii. any advertisement, solicitation, spam, chain letter, or other similar type of information;

iii. any encouragement of illegal activity;

iv. unauthorized use or disclosure of private, personally identifiable health information of others; or

v. any materials subject to trademark, copyright, or other laws protecting any materials or data of others in the absence of a valid license or other right to do so.

You shall maintain the security of your user identification, password, and other confidential information relating to your Fact Forum account; be responsible for any and all charges resulting from your use of your Fact Forum account, including unauthorized use prior to you notifying Fact Forum of such use and taking steps to prevent further occurrence; and updating your personal contact information.

By agreeing hereto, you will be considered for addition as a member to the Fact Forum.  As a physician or other professional member of Fact Forum, you will have access to images, text, designs, images, photographs, writings, graphs, data, information and other materials (“Materials”) for personal research purposes and member will be allowed to participate in the discussions within Fact Forum. 

At no time, shall any personal information obtained through Fact Forum be used for any purpose that may violate the Health Insurance Portability and Accountability Act of 1995 (“HIPAA”).  All information, contents and materials posted within Fact Forum is private and owned by www.drsfactforum.      

Should you post or repost on any website, blog, or other list the contact information of any Fact Forum member, affiliate, subsidiary, officer, agent, consultant, or provider your membership in the Fact Forum is subject to termination. 

THE SITE DOES NOT PROVIDE MEDICAL ADVICE

The contents of the Fact Forum, such as images, text, designs, images, photographs, writings, graphs, data, information and other materials (“Materials”) obtained from Fact Forum approved members, and other materials contained on Fact Forum are for information purposes only.  The materials are 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 professional medical advice or delay in seeking it because of something you have read on the Fact Forum.  If you think you may have a medical emergency, call your doctor or 911 immediately.  Fact Forum 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 Fact Forum, Fact Forum employees, others appearing on the site at the invitation of Fact Forum, or other visitors to the site is solely at your own risk. 

SITE CONTENTS AND OWNERSHIP

The information contained on this site, including all images, text, designs, images, photographs, writings, graphs, data, information and other materials (“Materials”) are the property of Fact Forum and are protected by copyrights, trademarks, trade secrets, or other proprietary rights. Permission is granted to display, copy, distribute, download, and print portions of this site solely for the purposes of using this site for the authorized uses described above. You must retain all copyright and other proprietary notices on all copies of the Materials. You shall comply with all copyright laws worldwide in your use of this website and prevent unauthorized copying of the Materials. Except as provided in this Notice, Fact Forum does not grant you any express or implied right in or under any patents, trademarks, copyrights, or trade secret information.

DISCLAIMER OF WARRANTY

You expressly agree that use of this website is at your sole risk. Neither Fact Forum, its affiliates, nor any of their officers, directors, employees, agents, third-party content providers, or licensors (collectively, “Providers”), or the like, warrant that this site will be uninterrupted or error-free; nor do they make any warranty as to the results that may be obtained from the use of this site, or as to the accuracy, completeness, reliability, security, or currency of the Materials.

The Materials may contain errors, omissions, inaccuracies, or outdated information. Further, Fact Forum does not warrant reliability of any statement or other information displayed or distributed through the site. Fact Forum reserves the right, in its sole discretion, to correct any errors or omissions in any portion of the site. Fact Forum may make any other changes to this site, the Materials and the content described in this site at any time without notice.

THIS SITE AND THE INFORMATION, CONTENT, AND MATERIALS ON THIS SITE ARE PROVIDED ON AN “AS IS,”“WHERE IS,” AND “WHERE AVAILABLE” BASIS. FACT FORUM MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE, THE CONTENT, INFORMATION, OR THE MATERIALS ON THIS SITE. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, FACT FORUM EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND, WITH RESPECT TO ANY OF THE MATERIALS, CONTENT, OR INFORMATION ON THIS SITE OR ANY GOODS OR OTHER PRODUCTS OR SERVICES OFFERED, SOLD, OR DISPLAYED ON THIS SITE OR YOUR USE OF THIS SITE GENERALLY, INCLUDING WARRANTIES OF MERCHANTABILITY, ACCURACY OF INFORMATION, QUALITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO THE EXTENT SUCH JURISDICTION’S LAW APPLIES TO THIS AGREEMENT.

LIMITATION OF LIABILITIES

In no event shall fact forum, its licensors, its suppliers, or any third parties mentioned on the fact forum 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 fact forum Site or the MATERIALS, Content OR INFORMATION, whether based on warranty, contract, tort, or any other legal theory, and whether or not fact forum, its licensors, its suppliers, or any third parties mentioned on the fact forum Site are advised of the possibility of such damages. fact forum, its licensors, its suppliers, or any third parties mentioned on the fact forum Site shall be liable only to the extent of actual damages incurred by you, not to exceed U.S. $1000. fact forum, its licensors, its suppliers, or any third parties mentioned on the fact forum Site are not liable for any personal injury, including death, caused by your use or misuse of the Site, material, or Content. 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.

INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Fact Forum, its affiliates, agents, employees, and licensors from and against any and all claims and expenses, including reasonable attorney fees, arising out of or related in any way to your use of the site, violation of this Agreement, violation of any law or regulation, or violation of any proprietary or privacy right.

USE OF MATERIALS

All materials posted on this site are protected by the copyright laws in the United States and in foreign countries. Fact Forum authorizes you to view or download a single copy of the material on the Fact Forum site solely for your personal, noncommercial use if you include the copyright notice located at the end of the material.  Title to the materials remains with Fact Forum. Any use of the materials 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 Fact Forum. All rights not expressly granted herein are reserved to Fact Forum and its licensors.  If you violate any of these Terms and Conditions, your permission to use the materials automatically terminates and you must immediately destroy any copies you have made of any portion of the materials.

LIMITATIONS ON CLAIM

Any cause of action you may have with respect to your use of this site must be commenced within one (1) year after the claim or cause of action arises.

TERM AND TERMINATION

Without limiting its other remedies, Fact Forum may immediately discontinue, suspend, terminate, or block your and any user’s access to this site at any time in our sole discretion.

HYPERLINK DISCLAIMERS

As a convenience to you, we may provide on this site links to websites operated by other entities (collectively the “Linked Sites”). If you use any Linked Sites, you will leave this site. If you decide to visit any Linked Site, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses or other destructive elements. Linked Sites, regardless of the linking form (e.g., hotlinks, hypertext links, IMG links) are not maintained, controlled, or otherwise governed by Fact Forum. The content, accuracy, opinions expressed, and other links provided by Linked Sites are not investigated, verified, monitored, or endorsed by Fact Forum. Fact Forum does not endorse, make any representations regarding, or warrant any information, goods, and/or services appearing and/or offered on any Linked Site, other than linked information authored by Fact Forum. Links do not imply that Fact Forum or this site sponsors, endorses, is affiliated or associated with, or is legally authorized to use any trademark, trade name, logo, or copyright symbol displayed in or accessible through the links, or that any Linked Site is authorized to use any trademark, trade name, logo or copyright symbol of Fact Forum or any of its affiliates or subsidiaries. Except for links to information authored by Fact Forum, Fact Forum is neither responsible for nor will it be liable under any theory based on (i) any Linked Site; (ii) any information and/or content found on any Linked Site; or (iii) any site(s) linked to or from any Linked Site. If you decide to visit any Linked Sites and/or transact any business on them, you do so at your own risk. Fact Forum reserves the right to discontinue any Linked Site at any time without prior notice. Please contact the webmasters of any Linked Sites concerning any information, goods, and/or services appearing on them.

CONTROLLING LAW, JURISDICTION, AND INTERNATIONAL USERS

This Agreement is governed by and shall be construed in accordance with the laws of the State of Michigan, U.S.A., without reference to its conflict-of-law provisions. Fact Forum makes no representation that the materials are appropriate or available for use outside the United States. If you access this site from outside the United States, you will be responsible for compliance with all local laws. You agree to comply with all laws and regulations applicable to your use of this site. You agree to submit to the personal and exclusive jurisdiction of the state or federal courts located within Ingham County, Michigan for any disputes with Fact Forum arising out of your use of this site. 

Any controversy, dispute or claim arising out of or relating to this agreement, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules.  The place of arbitration shall be Ingham County, Michigan.  Michigan law shall apply.  Judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.

ENTIRE AGREEMENT

This Agreement constitutes the entire agreement between Fact Forum and you with respect to this website, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and Fact Forum with respect to this website. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based on or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. If for any reason a court of competent jurisdiction finds any provision of this Agreement or portion of it to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of this Agreement, and the remainder of this Agreement shall continue in full force and effect. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.

MODIFICATIONS TO AGREEMENT

We may revise this Agreement at any time and you agree to be bound by the revised Agreement. Any such modifications will become effective on the date they are first posted to this site. It is your responsibility to return to this Agreement from time to time to review the most current terms and conditions. Fact Forum does not and will not assume any obligation to notify you of changes to this Agreement.

ELECTRONIC COMMUNICATIONS AND ELECTRONIC SIGNATURES

You agree to be bound by any affirmation, assent, or agreement you transmit through this website, including but not limited to any consent you give to receive communications from Fact Forum solely through electronic transmission. You agree that when in the future, you click on an “I agree,” “I consent,” or other similarly worded “button” or entry field with your mouse, keystroke, or other computer device, your agreement or consent will be legally binding and enforceable and the legal equivalent of your handwritten signature.

All questions or contact requests must be submitted through email: moderator@drsfactforum.com further acknowledging that you agree to these Terms-of-Use and all applicable confidentiality agreements, regulations, statutes, and laws as they pertain to confidentiality.  Your membership may be terminated at any time, without notice, in Fact Forum’s discretion.

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