Terms of Use
Terms and Conditions of Use The following terms constitute an agreement between you and TreatmentDiaries.com. This agreement governs your use of the site, both as a casual visitor and a registered user as described below. By accessing or using the site, you agree to be bound by the terms of this agreement. To the extent you register on the site as a user, then in addition to the terms that are applicable to all users of the site. User Eligibility To become a user and register under a condition, along with creating a diary and scribbling on the entries of others, you will need to create an account. There are no other requirements. Everyone is eligible. Whether you are seeking information and connections on behalf of a family member, friend or need personal support, the opportunity is available to you. Children under the age of 13 are prohibited from registering as users. By registering as a user you represent that you are age 13 or older. You agree that you will not: - Post or upload any false, inaccurate or misleading information - Post obscene or indecent information - Post or deliver any posting that infringes or violates any intellectual property or other right of any entity or person, including, without limitation, copyrights, patents, trademarks, laws governing trade secrets, rights to privacy, or publicity - Post or deliver, or provide links to, any postings containing material that could be considered harmful, obscene, pornographic, indecent, lewd, violent, abusive, profane, insulting, threatening, tortuous, harassing, hateful or otherwise - Attempt to gain unauthorized access to this Service, any related website, other accounts, computer system, or networks connected to this Service, through hacking, password mining, or any other means. - Post or deliver information that you know is false, misleading or conduct that is abusive, threatening, obscene, defamatory or libelous. - Use the site to conduct any activity that is illegal or violates the rights of others, provide instructional information about illegal activities, or promote physical harm or injury against any group or individual. All users represent and warrant that the information they provided when registering as a user, and all information that they subsequently provide regarding themselves and their user data, is true and accurate and not misleading. Interference With The Site You may not use any robot, spider, scraper, or other automated means to access the site or content or services provided on the site for any purposes. You may not post content on the site that contains any viruses, Trojan horses, worms, time bombs, spiders, or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information. You shall not attempt to make the site unavailable through denial-of-service attacks or similar means. You shall not use contact information provided by users, or collect information about our users, to facilitate the sending of unsolicited bulk communications such as SPAM or SPIM or allow others use of your user account to take such actions. Noncommercial Use By Members The site content, including the daily diary entries and scribbles from other users and the content and information contained within, are for the personal use of individual users only and may not be used in connection with any commercial endeavors. Privacy You agree that you have read, understood and accept TreatmentDiaries.com’s Privacy Policy. This policy explains TreatmentDiaries.com’s collection of personal and non-personal information from you when using the Site and its use of and sharing of such personal and non-personal information. Posting and Use of Content While some diary entries and scribbles are available to all users TreatmentDiaries.com has no obligation to prescreen diary entries or related scribbles and is not responsible for their content. We encourage you to notify us, either through provided reporting capability or other means and we reserve the right to remove diary entries or scribbles at any time. You agree not to disclose to any person or entity personally identifiable information about other users that you encounter while using this Site (whether made available in a user profile or emailed to you by a user) without the express consent of such user. You may disclose information of a general nature (that could not identify the user who provided such information or whom such information is about) to third parties outside this site, subject to the above restriction on non-commercial use. Digital Millennium Copyright Act If you are a copyright owner or an agent thereof and believe that any User Submission or other content at this Site infringes upon your copyright, you may submit a written notification pursuant to the Digital Millennium Copyright Act (“DMCA”) (see 17 U.S.C. 512(c)(3) for further information) by providing our Copyright Agent (listed below) with the following information: (i) an electronic or physical signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (ii) a description of the copyrighted work claimed to have been infringed or if multiple copyrighted works are covered by a notification, a representative list of such works at our Site; (iii) a description of the location on the Site of the allegedly infringing material(s); (iv) your address, telephone number, and email address; (v) a written statement that you have a good faith belief that use of the material(s) in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) a written statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. TreatmentDiaries designated Copyright Agent for notice of claims of infringement is: Attn: Copyright Agent P.O. Box 841 Berryville, VA 22611 Email: support@treamentdiaries.com Only notices of alleged copyright infringement and requests about the counter-notification procedures should go to the Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be directed to TreatmentDiaries.com. You acknowledge that if you fail to comply with all of the notice requirements of the DMCA, your notice may not be valid. User Password and Identity Screen names are subject to TreamtmentDiaries approval and may not contain misleading or objectionable material. It is your responsibility to maintain the confidentiality of your password and account. Additionally, you are responsible for any and all activities that occur under your account. You agree to notify TreamtmentDiaries immediately of any unauthorized use of your account. TreamtmentDiaries is not liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. TreatmentDiaries.com Does NOT Provide Medical Advice All of the diary entries and scribbles provided on the site, treatments provided by other users, outcomes, user information, advice, or other private messaging, and any other material provided on the site are for informational purposes only and are not a substitute for professional medical advice or treatment. Always seek the advice of your physician or other qualified health care provider with any questions you may have regarding your health. Never disregard professional medical advice or delay in seeking it because of something you have read on this site. TreatmentDiaries.com does not recommend or endorse any specific tests, physicians, products, procedures, opinions, or other information that may be mentioned on the site. Dependence on any information provided by users on TreatmentDiaries.com, by persons appearing on the site, or by other users is solely at your own risk. Website Links TreatmentDiaries.com may contain links to websites or advertising content operated or provided by third parties. We provide these for your convenience. We do not monitor or control the linked sites and TreatmentDiaries.com is not liable or responsible for any of the content or services available at these sites. User Termination You agree that TreatmentDiaries.com may, with or without cause, immediately terminate your TreatmentDiaries.com account or limit or terminate your access to the Site without prior notice. TreatmentDiaries has no obligation to maintain, store, or transfer to you information or data that you have posted on or uploaded to the Site. Modifications to this Agreement We reserve the right to modify this agreement at any time, and without prior notice, by posting amended terms on this site. We encourage you to review this agreement periodically for any updates or changes, which will have an update effective date. Disclaimer of Warranties The site and the content and services made available on the Site are provided on an “as is” and “as available” basis. TreatmentDiaries.com does not make and disclaims all express and implied warranties and representations, including, but not limited to, any implied warranty of fitness for a particular purpose, with regard to the site, the site content, or any advice or services provided through the site to the extent permitted by law. TreatmentDiaries.com does not warrant that access to the site or its content or services will be uninterrupted or error-free or that defects in the site will be corrected. The advice, recommendations, information, and conclusions posted or emailed by other users of the site are not in any way vetted, approved or endorsed by TreatmentDiaries.com, and you use such information at your own risk. Limitation of Liability In no event shall any organization for whom TreatmentDiaries created a group within the Service, TreatmentDiaries, its subsidiaries, affiliates, distributors, suppliers, licensors, agents or others involved in making available the Service and its contents be liable to any person or entity whatsoever for any direct, indirect, incidental, special, compensatory, consequential, or punitive damages or any damages whatsoever, including but not limited to: (i) loss of goodwill, profits, business interruption, data or other intangible losses; (ii) your inability to use, unauthorized use of, performance or non-performance of the Service; (iii) unauthorized access to or tampering with your personal information or transmissions; (iv) the provision or failure to provide any service; (v) errors or inaccuracies contained on the Service or any information, software, products, services, and related graphics obtained through the Service; (vi) any transactions entered into through this Service; (vii) any property damage including damage to your computer or computer system caused by viruses or other harmful components, during or on account of access to or use of this Service or any site to which it provides hyperlinks; or (viii) damages otherwise arising out of the use of the Service. The limitations of liability shall apply regardless of the form of action, whether based on contract, tort, negligence, strict liability or otherwise, even if TreatmentDiaries has been advised of the possibility of damages.. Indemnification You agree to indemnify and hold harmless TreatmentDiaries.com, its officers, employees, agents, subsidiaries, affiliates and other partners, 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 this Agreement. International Users TreatmentDiaries.com makes no claims that information on the site is appropriate or may be downloaded outside of the United States. Personal information (“Information”) that is submitted to this site will be collected, processed, stored, disclosed and disposed of in accordance with applicable U.S. law and our Privacy Policy . If you are a non-U.S. user, you acknowledge and agree that TreatmentDiaries.com may collect and use your Information and disclose it to other entities outside your resident jurisdiction. In addition, such Information may be stored on servers located outside your resident jurisdiction. U.S. law may not provide the degree of protection for Information that is available in other countries. By providing us with your Information, you acknowledge that you consent to the transfer of such Information outside your resident jurisdiction as detailed in our Privacy Policy. If you do not consent to such transfer, you may not use this site. User Notices If you register as a user, you agree that TreatmentDiaries.com may send notices to you by email at the email address you provide when registering to become a user (or which you later update using the functionality of the site). You can manage notifications and deliverability within TreatmentDiaries.com and make changes at any time. Governing Law and Venue This agreement shall be governed by the laws of the Commonwealth of Virginia and the applicable federal laws of the United States of America. All disputes arising under, or in any way connected with user accounts in or use of the site, shall be litigated exclusively in the state and federal courts residing in the Commonwealth of Virginia, and in no other court or jurisdiction. You hereby submit to the jurisdiction of the state and federal courts sitting in the Commonwealth of Virginia. Miscellaneous Terms TreatmentDiaries.com may assign this agreement at any time to a subsidiary or parent company or to a successor to its business as part of a merger or sale of substantially all of its assets. You may not assign or transfer this agreement. If any provision of this Agreement is held to be unenforceable for any reason, the remaining provisions will be unaffected and remain in full force and effect. For any questions or comments, or to report violations of this agreement, let us know, or contact us at: TreatmentDiaries.com Attn: User Agreement Issues P.O. Box 841 Berryville, VA 22611