By accessing this site or posting any content, you agree to these terms of use.
This web site (”Site”) allows you to access heath care related information provided by us and third parties. Tumblr helps operate this blog. For privacy information about Tumblr click here.
Changes in Terms of Use
I reserve the right to revise and update these
Terms of Use. Any such revisions will be effective
on the date of posting to the Site. Your use of the
Site following any such revisions will be deemed
your acceptance of such revisions. You should
periodically visit the Site to review the current
terms to which you are bound.
No Medical Advice
Health information on the Site is provided by us for
informational purposes only. Nothing in this Site is
to be interpreted as advocating the self management
of your health or medical condition. It is not
intended to serve as or be a substitute for
professional medical advice. You should consult your
medical provider directly regarding your health and
any specific medical questions you may have. Do not
delay seeking medical advice or disregard any
medical advice you have received from your provider
due to any content on the Site.
Copyright
The content of the Site, including, without
limitation, text, graphics, images and other
material, including software developed and licensed
by us, which permits the access and use of the Site
(collectively the “Content”), is protected by
intellectual property laws, including copyright
laws. All right, title and interest in and to the
Content remains vested in us and shall not pass to
you or any other user.
Restrictions on Use
You may view or download copies of the material on
the Site for your own personal, noncommercial use.
You may not, and may not knowingly allow any third
party to, (a) reverse-engineer, disassemble,
decompile, reproduce, transcribe, translate into any
language or computer language, re-transmit in any
form by any means, resell, or redistribute the
Content without our prior written consent, (b)
reverse engineer or attempt to discover any
underlying ideas, source code, processes,
techniques, technology, design, formula,
engineering, or algorithms of the Site, or (c) use
the Site for commercial purposes or otherwise use or
allow others to use the Site for the benefit of any
third party.
Trademarks
The trade names, trademarks, service marks, logos,
and slogans contained in the Site are ours (each a “Mark” and collectively the
“Marks”). You are not authorized to use any Mark in
any advertisement, publicity or in any other
commercial manner without our prior written consent.
The trade names, trademarks, service marks, logos and slogans contained in the Site that are not our Marks are the trade names, trademarks, service marks, logos and slogans of their respective owners. References that I make to any specific trade name, trademark, service mark, product, service or process of a third party do not necessarily constitute or imply our endorsement, sponsorship or recommendation of the third party trade name, trademark, service mark, product, service or process, unless otherwise explicitly provided.
Non-Commercial Use
The Site and the content and information contained
in the Site are for personal use only and may not be
used in connection with any commercial endeavors.
User Generated Content
By posting material on this site you acknowledge
that it may be viewed by the public. The Site
includes community areas, such as comment sections
and discussion forums where users may post messages,
images, and other content. Comments on this Site are
moderated by Dr. McGonigal. I encourage you to
notify me of inappropriate or illegal content and I
reserve the right to remove postings for any reason.
Users must be courteous and respectful. You agree
that you will not threaten or verbally abuse other
users, use defamatory language or deliberately
disrupt discussions with repetitive messages,
meaningless messages or “spam.” You must not use any
language that abuses or discriminates on the basis
of race, religion nationality, gender, sexual
orientation, age, region, disability, etc.
Users are encouraged to debate but must not attack.
I encourage and welcome active
discussions on the Site but personal attacks of any
kind are a direct violation of these Terms of Use
and are grounds for immediate and permanent
suspension of access to all or part of the Site.
By posting any material on the Site, you acknowledge that you own the copyright in that message, image, or other content you post, but by posting such content you grant me the right to use, copy, display, perform, distribute, translate, edit, and create derivative works of your postings.
You are solely responsible for the content of
your submissions. While comments on this Site are
moderated, I do not and cannot
review every comment and am not responsible for the
content of these messages. I reserve
the right to delete, move, or edit comments that it,
in its sole discretion, deems abusive, defamatory,
obscene, in violation of copyright or trademark law,
or otherwise unacceptable.
By posting any material on this site you acknowledge
that you are age 18 or older.
User Conduct
You understand and agree not to use the Site to:
• Post content or initiate communications which are
unlawful, libelous, abusive, obscene,
discriminatory, or otherwise objectionable.
• Use the Site for any illegal purpose, including
but not limited to conspiring to violate laws.
• Falsely state, impersonate, or otherwise
misrepresent your identity, including but not
limited to the use of a pseudonym, or
misrepresenting your current or previous positions
and qualifications, or your affiliations with a
person or entity, past or present.
• Upload, post, email, transmit or otherwise make
available any content or initiate communications
which include information that you do not have the
right to disclose or make available under any law or
under contractual or fiduciary relationships (such
as insider information, or proprietary and
confidential information learned or disclosed as
part of employment relationships or under
nondisclosure agreements).
• Upload, post, email, transmit or otherwise make
available any content or initiate communication that
infringes upon patents, trademarks, trade secrets,
copyrights or other proprietary rights.
• Upload, post, email, transmit or otherwise make
available any unsolicited or unauthorized
advertising, promotional materials, “junk mail,”
“spam,” “chain letters,” “pyramid schemes,” or any
other form of solicitation. This prohibition
includes but is not limited to a) Using the Site to
send messages to people who don’t know you or who
are unlikely to recognize you as a known contact; b)
Using the Site to connect to people who don’t know
you and then sending unsolicited promotional
messages to those direct connections without their
permission; and c) Sending messages to distribution
lists, newsgroup aliases, or group aliases.
• Upload, post, email, transmit or otherwise make
available any material that contains software
viruses or any other computer code, files or
programs designed to interrupt, destroy or limit the
functionality of any computer software or hardware
or telecommunications equipment.
• Stalk or harass anyone.
• Forge headers or otherwise manipulate identifiers
in order to disguise the origin of any communication
transmitted through the Site.
• Post content in fields that aren’t intended for
that content. Example: Putting an address in a name
or title field.
• Interfere with or disrupt the Site or servers or
networks connected to the Site, or disobey any
requirements, procedures, policies or regulations of
networks connected to the Site.
Monitoring and Enforcement
While I have the right to monitor activity and
content associated with the Site, I am not
obligated to do so. And since I do not, and may not
have the ability to, control or actively monitor
content I don’t guarantee its accuracy, integrity
or quality. Because community standards vary and
individuals sometimes choose not to comply with our
policies and practices, in the process of using our
website, you may be exposed to content that you find
offensive or objectionable. You can contact me to let
me know of
content that you find objectionable. I may
investigate the complaints and violations of our
policies that come to our attention and may take any
action that I believe is appropriate, including,
but not limited to issuing warnings, removing the
content or terminating accounts and/or
subscriptions. However, because situations and
interpretations vary, I also reserve the right not
to take any action. Under no circumstances will I
be liable in any way for any content, including, but
not limited to, any errors or omissions in any
content, or any loss or damage of any kind incurred
as a result of the use of, access to, or denial of
access to any content on the website.
Termination of Access
You agree that I may, with or without
cause, immediately terminate your access to the Site
without prior notice. Without limiting the
foregoing, the following may lead to a termination
of a user’s use of the Site (a)
breaches or violations of these Terms of Use or
other incorporated agreements or guidelines, (b)
requests by law enforcement or other government
agencies, (c) a request by you (self-initiated
account deletions), (d) unexpected technical issues
or problems, and (e) extended periods of inactivity.
Termination includes removal of access to all
offerings within the Site and may also bar you from
further use of the Site. Furthermore, you agree that
all terminations shall be made at my
sole discretion and that I shall not
be liable to you nor any third-party for any
termination of your access to the Site.
Indemnification.
You agree to indemnify, defend and hold me harmless from
any and all third party claims, liability, damages
and/or costs (including without limitation attorneys
fees) arising from: (i) your use of the Site and any
of our related services; (ii) your violation of
these Terms of Use; and (iii) intentional wrongdoing
of any kind. I reserve the right, at
my expense, to participate in the defense or
settlement process. I further
reserve the right to report any wrongdoing that I
become aware of to any government agency.
Links to Other Sites
The Site and Content may contain links to web sites
operated by third parties. These links are provided
solely for convenience and reference purposes only.
The inclusion of any such link does not imply that
I endorse the content of any web site to which the
Site provides a link, nor am I liable for your
reliance on or use of any information or materials
contained in them.
Warranty Disclaimer
While efforts have been made to keep the information
and Content on the Site as accurate as possible, the
information and Content may contain inaccuracies.
Therefore, I do not guarantee the reliability,
accuracy, completeness or appropriateness of any
information or Content on the Site or make any
representations about the results that may be
obtained from the use of the information and/or
Content on the Site. The use of the information and
Content on the Site is at your own risk. The
information and Content on the Site is provided AS
IS WITHOUT WARRANTY OF ANY KIND, AND I DISCLAIM ANY
EXPRESS AND IMPLIED WARRANTIES, INCLUDING, BUT NOT
LIMITED TO, THE IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
AND NON-INFRINGEMENT.
Limitation of Liability
In no event shall I be liable to anyone for any
delays, inaccuracies, errors or omissions with
respect to the Site or the transmission or delivery
of all or any part thereof, for any damage arising
thereof, or any results obtained from the use of the
Site.
Governing Law and Forum for Disputes
The existence of the Site is not intended and should
not be construed to mean that I am conducting
business in all states of the United States of
America, or that I consent to submit to the
personal jurisdiction of the state or federal courts
in any state in the United States, except the State
of Minnesota. Any claim or action arising directly
or indirectly from the use of the Site shall be
construed in all respects under the laws of the
State of Minnesota, exclusive of its choice of law
or conflict of laws provisions.
Copyright Complaints
I respect the intellectual property rights of
others and I prohibit users from uploading, posting
or otherwise transmitting on this
website or service any materials that violate
another party’s intellectual property rights. When
I receive proper Notification of Alleged Copyright
Infringement, I promptly remove or disable access
to the allegedly infringing material and terminate
the accounts of repeat infringers as described
herein in accordance with the Digital Millennium
Copyright Act. If you believe that any material on
the Site infringes upon any copyright which you own
or control, you may send a written notification of
such infringement to our Designated Agent.
Notification of Alleged Copyright Infringement
To notify me of content that infringes
your rights or is otherwise unlawful, please provide
me with the
following information:
• Your name, address, telephone number, and
e-mail address;
• A description of the content that you claim either
infringes your rights or is otherwise unlawful,
specifying which portions of the content you believe
infringes your rights, or are unlawful, and which
parts you believe should be removed;
• A description of the exact location of the
allegedly infringing content on the Site;
• In the event you believe that the content in
question infringes your rights): A brief statement
specifying the rights you assert, and why the
content in question infringes your rights;
• In the event you believe that the content in
question is otherwise unlawful): A statement
specifying in detail which laws you believe are
being breached, and why the Specified Content does
so;
When I receive a notice that complies with the above requirements, I will evaluate the information you provided (including, if appropriate, forwarding the notice to, or otherwise contacting the source of the content in question), and if appropriate in our judgment, remove or disable access to the content in question. In such case, I may notify the source of the content in question of your complaint and our action taken. In some cases, if the source of the content in question provides us with information indicating that the content in question should not have been removed, I may reinstate the content in question