My-Fibromyalgia.com
Terms of Use Agreement
Thank you for visiting the My-Fibromyalgia.com web site. These Terms of Use set forth
the agreement between the My-Fibromyalgia.com web site, which is owned, operated and
maintained by My-Fibromyalgia.com, and each user governing the use of this web site.
Our web site is designed to provide a convenient, private and informative experience for its
visitors ("we", "us", "our") want each visitor to our web site to have a safe, pleasurable
visit, so we have established the following terms and conditions so that we (and you) know
what to expect from each other. Please read these terms and conditions carefully before using
our web site. By using this web site, you agree to be bound by these Terms of Use. If you do
not agree to the terms and conditions contained in these Terms of Use, you may not access or
otherwise use this web site. We may make changes to our web site, these terms and conditions,
or the policies and conditions that govern the use of our web site at any time. We encourage
you to review our web site and these terms periodically for any updates or changes. Your
continued access or use of our web site shall be deemed your notification and acceptance of
these changes.
THIS SITE DOES NOT PROVIDE ANY MEDICAL ADVICE
Information on this web site is provided for informational purposes only and is not
intended as a substitute for the advice provided by your physician or other healthcare
professional. You should not use the information on this web site for diagnosing or
treating a health problem or disease, or prescribing any medication or other treatment.
You should always speak with your physician or other healthcare professional before
taking any medication or nutritional, herbal or homeopathic supplement, or adopting any
treatment for a health problem.
If you have or suspect that you have a medical problem, promptly contact your health
care provider. Never disregard professional medical advice or delay in seeking professional
advice because of something you have read on this web site. Information provided on this
web site DOES NOT create a doctor-patient relationship between you and our web site.
Information and statements regarding dietary supplements have not been evaluated by the
Food and Drug Administration and are not intended to diagnose, treat, cure, or prevent
any disease.
YOUR ACCOUNT OBLIGATIONS
In order to use our web site, you agree to provide true, accurate, current and complete
information about your fibromyalgia history and information on the story form and to
maintain and promptly update such account information. If you provide any untrue or
inaccurate information, or if we have reasonable grounds to suspect that such information
is untrue or inaccurate, we may suspend or terminate your account and refuse all current
and future use by you of our web site. Account information and certain other information
about you are subject to the terms of our privacy policy (see our privacy policy).
You will receive a password and account designation after you have completed your membership
form and provided the required account information. You agree to maintain the security of
your account on our web site, including the confidentiality of your password and other
account information, and you are fully responsible for all activities that occur under your
password or account, including all charges resulting from unauthorized use of your account.
You agree to immediately notify us of any unauthorized use of your password or account or
any other breach of security.
YOUR CONDUCT ON OUR WEB SITE
Any conduct by you on our web site that we believe, in our sole discretion, restricts or
inhibits any other user from using or enjoying our web site will not be permitted. You
agree to use our web site only for lawful purposes. You are prohibited from posting on or
transmitting through our web site any unlawful, harmful, threatening, abusive, harassing,
defamatory, vulgar, obscene, sexually explicit, profane, hateful, fraudulent, racially,
ethnically, or derogatory remarks to another's faith or otherwise objectionable material
of any kind, including, but not limited to, any material that encourages conduct that
would constitute a criminal offense, give rise to civil liability, or otherwise violate
any applicable local, state, national, or international law. You also agree not to use
our Web Site to post petitions for any issue or cause or post an advertisement or
solicitation of funds, goods or services.
You may not defame, libel or slander another person. Any verbiage that may be possibly
construed to be defaming, libel or slanderous, at the sole discretion of the staff of
My-Fibromyalgia.com, will be removed from the website.
You may not post a message impersonating another user, nor post any message that contains
any personal information such as messages which identify phone numbers, social security
numbers, account numbers, addressses or employer references or chain letters of any kind.
Any threat or suggestion to commit suicide will be reported to the proper authorities and
the posting will be removed from our website. If you are in need of someone to talk with,
call the National Crisis/Suicide Hotline at 1-(800)999-9999. If you are in immediate danger,
call 911!
You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial
purposes, any portion of our web site, use of our web site, or access to our web site. You
agree not to access our web site by any means other than through the interface provided by
us for use in accessing our web site. You understand that the robots.txt file is the only
means by which robots are authorized to access our web site. You agree not to violate any of
the robot access policies.
You hereby acknowledge that any violation of any of our policies may result in termination
of your access to our web site, deactivation or deletion of your account and all related
information and files in your account, and preclusion of any further access to such files
or our web site, without prior notice.
DISCLAIMERS
This web site is provided for your use on an "as is," "as available" basis. We, along with
our members, employees, agents, third-party content providers, or the like (collectively,
"associates"), do not make any representations or warranties of any kind, express or implied,
with respect to our web site or its Content, including, without limitation, the products,
services or information offered on or through our web site or any other web site to which
our web site links and the uninterrupted or error-free use of our web site. We expressly
disclaim all such representations and warranties, including, without limitation, all
warranties of merchantability, accuracy, timeliness, completeness, fitness for a particular
purpose and non-infringement to the fullest extent permitted by law. We do not warrant that
our web site or files available on our web site will be free from corrupted data, computer
viruses or similar destructive or contaminating code. No oral advice or written information
provided by us or our affiliates shall create a warranty of any kind. Your use of this web
site and any site linked to our web site is expressly at your own risk.
All information contained on our web site, including information relating to medical and health
conditions, products and treatments, is for informational purposes only, and not as medical
advice. Such information is often presented in summary or aggregate form and is not meant to
be a substitute for the advice provided by your physician or other medical professional(s)
or for any information contained on or in any product packaging or labels. You should not
use the information contained on this web site for the diagnosis of a health problem or the
prescription of medication.
You should always consult your physician and medical advisors before using any services or
information available on our web site. Information and statements regarding dietary supplements
have not been evaluated by the Food and Drug Administration and are not intended to diagnose,
treat, cure or prevent any disease.
Further, we explicitly disclaim any responsibility for information found on other web sites that
contain links to or from our web site. Because some web sites employ automated search results or
otherwise link you to web sites containing information that may be deemed inappropriate or offensive,
we cannot be held responsible for the accuracy, copyright compliance, legality, or decency of material
contained in third-party web sites, and you hereby irrevocably waive any claim against us with respect
to such web sites.
LIMITATION OF LIABILITY
Under no circumstances shall we or any other party involved in creating, producing, or distributing
our web site be liable for any direct, indirect, incidental, special or consequential
damages or loss of profits, good will, use, data or other intangible losses (even if we
have been advised of the possibility of such damages) that result from (i) any delay,
failure, interruption or corruption of our web site or any data or information transmitted
in connection with the use of this web site. (ii) personal injury or death caused by your
use or misuse of our web site, (iii) the cost of procurement of substitute goods and
services resulting from your use of any goods, data, information or services purchased or
obtained or messages received or transactions entered into, through or from our web site
(iv) unauthorized access to or alteration of your transmissions or data, (v) statements
or conduct of any third party on our web site, or (vi) any other matter relating to our
web site. You hereby acknowledge that this paragraph shall apply to all content, and
services available through our web site. Because some states do not allow the exclusion
or limitation of liability for consequential or incidental damages, in such states,
liability is limited to the fullest extent permitted by law.
INDEMNITY
You agree to indemnify, defend, and hold harmless us, our officers, directors, employees,
agents, providers, licensors and affiliates from and against all claims, actions, demands,
judgments, losses, and liabilities (including, without limitation, costs, expenses and
attorneys' fees) by you or any third-party resulting or arising, directly or indirectly,
out of Content you submit, post to or transmit through our web site, your use of our web
site, your connection to our web site, your violation of these Terms of Use, or your
violation of any rights of another person.
PRIVACY
We respect your privacy in accordance with the terms of our privacy policy (see our privacy
policy). We reserve the right to monitor our web site and to disclose any information
recorded or posted on, submitted to, or transmitted through our web site to the extent
that we, in our sole discretion, deem such disclosure necessary or appropriate to comply
with any law, regulation, subpoena, or government request, to operate our web site, or to
protect our rights or property or the rights or property of our users. In addition, we
are committed to protecting the privacy of children. This web site is not intended or
designed to attract children under the age of 13 (see Usage of our Web Site by Minors
above).
EXPORT
The United States export control laws regulate the export and re-export of technology
originating in the United States. This includes the electronic transmission of
information and software to foreign countries and to certain foreign nationals. You
agree to abide by these laws and their regulations, including, but not limited to, the
Export Administration Act and the Arms Export Control Act, and not to transfer, by
electronic transmission or otherwise, any Content derived from our web site to either a
foreign national or a foreign destination in violation of such laws.
OUR RIGHTS
We may elect to electronically monitor areas of our web site. We are not responsible for
screening, policing, editing, or monitoring Content on our web site. If notified of
allegedly infringing, defamatory, damaging, illegal, or offensive Content, we may
investigate the allegation and determine, in our sole discretion, whether to remove or
request the removal of such Content from our web site. We may terminate your access, or
suspend your access to all or part of our web site, without notice, for any conduct that
we believe, in our sole discretion, is in violation of any applicable law or is harmful
to us, our interests or the interests of another user, a third-party provider, merchant,
sponsor, licensor, or service provider.
APPLICABLE LAW; JURISDICTION AND VENUE
We control our web site from our offices within the United States. We make no representation
that the Content on our web site is appropriate, legal or available for use in other
locations. Those who choose to access our web site from other locations do so on their
own initiative and are responsible for compliance with applicable local laws. You may
not use or export the Content in violation of United States export laws and regulations.
TERMINATION
These terms are effective until terminated by either party. If you no longer agree to be
bound by these Terms of Use, you must cease your use of our web site. Subject to applicable
law, we reserve the right to suspend or deny, in our sole discretion, your access to all
or any portion of our web site with or without notice. You agree that any termination of
your access to our web site may be effected without prior notice, and acknowledge and
agree that we may immediately deactivate or delete your account and all related
information and files in your account and bar any further access to such files or our
web site. Further, you agree that we shall not be liable to you or any third-party
for any termination of your access to our web site.
GENERAL INFORMATION
These Terms of Use constitute the entire agreement between you and us and govern the
use of our web site. You also may be subject to additional terms and conditions that
may apply when you use affiliate services, third-party content or third-party software.
Our failure to exercise or enforce any right or provision of these Terms of Use shall
not constitute a waiver of such right or provision. If any provision of these Terms of
Use is found by a court of competent jurisdiction to be invalid, the parties
nevertheless agree that the court should endeavor to give effect to the parties'
intentions as reflected in the provision, and the other provisions of these Terms of
Use remain in full force and effect. You agree that regardless of any statute or law
to the contrary, any claim or cause of action arising out of or related to use of our
web site or these Terms of Use must be filed within one year after such claim or cause
of action arose or be forever barred. The section titles in the Terms of Use are for
convenience only and have no legal or contractual effect.
COPYRIGHT COMPLAINTS
We respect the intellectual property of others, and we ask our users to do the same.
If you believe that your posting has been copied and is accessible on our web site in a
way that constitutes copyright infringement, you may notify us and we will remove the
posting.
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