Scope of These Terms
WoundForums and WoundForums.com (www.WoundForums.com) are owned and operated by AD Surgical. When we refer to ourselves as “we” or “WoundForums.com”, we mean our company, AD Surgical, including any subsidiary we control (for example, a subsidiary we own). Reference to WoundForums.com means AD Surgical, including any company that we control. Reference to Web Site means our internet website, WoundForums.com.
We include a lot of information on WoundForums.com, including articles, references, tools, continuing education for healthcare professionals, and advertising. Please remember that all of the information on WoundForums.com is meant for adults who are licensed healthcare professionals. While we hope you find it helpful, you should remember that it is not meant to serve as a substitute for your own clinical judgment as a healthcare professional. If you are a consumer who chooses to use the professional-level information on WoundForums.com, you should not rely on that information as professional medical advice or use it to replace any relationship with your physician or other qualified healthcare professional. For medical concerns, including decisions about medications and other treatments, consumers should always consult their physician or, in serious cases, seek immediate assistance from emergency personnel.
We follow a standard set of editorial procedures for information that we put on WoundForums.com. However, we do not offer you any warranty or guarantee related to our Web Site. We specifically disclaim any warranties, express or implied, including implied warranties of merchantability or fitness for a particular purpose. It’s your job to evaluate the information and results from tools we provide. If you are a healthcare professional, you should exercise your professional judgment in evaluating any information, and we encourage you to confirm the information contained on our Web Site with other sources before undertaking any treatment based on it. If you are a consumer, you should evaluate the information together with your physician or another qualified healthcare professional. The use of the Web Site is at your own risk and the Web Site and the content are provided on as opinion basis.
Some information on our Web Site comes from you or from other users. We’re not responsible for that information. Whether the information comes from us or from you, we’re not liable for any damages resulting from your use of the information on our Web Site.
Although we are selective about the organizations we link to, we do not assume any responsibility for any web sites that are linked to our site or that you browse to after following a link from our site.
While we welcome your feedback on WoundForums.com, we must make the final decisions about the content that is posted on the site to make sure it meets the needs of all our readers. You can use the Contact Us link on our home page to send us comments and criticisms, but if you are dissatisfied with our response or with the contents of WoundForums.com, your only remedy is to stop using the Web Site.
Ownership of WoundForums.com
We or our partners own the information on WoundForums.com. In fact, the entire contents and design of WoundForums.com are protected under U.S. and international copyright laws. You may look at our Web Site online, download individual articles to your personal or handheld computer for later reading, and even print a reasonable number of copies of pages for yourself, your family, or friends. You must not remove any copyright notices from our materials. We reserve all our other rights. Among other things, this means you must not sell our information, rewrite or modify it, redistribute it, put it on your own Web Site, or use it for any commercial purpose without our prior written permission.
We also own the names we use for our products and services on WoundForums.com, and these names are protected by trademark laws in the U.S. and internationally. An® following a name on our site indicates that the trademark has been registered in the United States. All trademarks are the property of their respective owners. If your activities are noncommercial, you may make use of our trademarks by linking to us or discussing us with others, as long as you make it clear that we are the owner of the trademark. Any other uses of our trademarks require our prior written approval.
You may not use WoundForums.com’s trademarks in any of the following ways:
· In a non- WoundForums.com product name or publication title.
· Within or as part of your own trademarks.
· To identify non- WoundForums.com products or services.
· In a manner which will likely cause confusion.
· In a manner that implies that WoundForums.com sponsors, endorses or is otherwise connected with your own activities, products, or services.
· In a manner that disparages WoundForums.com.
Linking to Us
Usually, we do not mind if you have a simple link from your Web Site to ours. However, you must first ask our permission if you intend to frame our site or incorporate pieces of it into a different site or product in a way that is not clear to our users. You are not allowed to link to us if you engage in illegal, obscene, or offensive content, or if the link in any way has a negative impact on our reputation.
Information that You Put on Our Web Site
When you place materials or information on our Web Site that are available publicly, you give us an irrevocable, perpetual license to use, reproduce, modify, adapt, publicly perform and publicly display that information. For example, we have the right to display a comment that you post on one of our discussion boards for as long as we want. We will consider requests to remove information that you make publicly available on our Web Site on an individual basis (contact us at the email address we give at the end of this document).
We ask that you not post any messages with misleading, false, or inappropriate language or statements. We reserve the right to remove any offensive or fraudulent content at any time without your consent.
If you use a WoundForums.com service, such as email, bulletin board or community (the Member Service), all communications, information, data, text, music, sound, graphics, messages and other material (the Content) are your responsibility and you are responsible for all Content that you upload, post, transmit, email or otherwise distribute via the Member Service. WoundForums.com and its licensors are not responsible for the consequences of the Content posted via the Member Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Member Service, you may be exposed to Content that is offensive or objectionable. In no event will
WoundForums.com be liable in any way for any Content or for any loss or damage of any kind incurred as a result of the use of any Content uploaded, posted, transmitted, emailed or otherwise made available via the Member Services. In cases where you feel threatened or believe someone else is in danger, you should contact your local law enforcement agency immediately. If you think you may have a medical emergency, call your doctor or 911 immediately.
In consideration of being allowed to use the Member Service, you agree to not use the Member Service to:
1. Violate applicable local, state, national, or international laws;
2. Post, upload, email, transmit or otherwise distribute any Content that infringes on the intellectual property rights of others or on the privacy or publicity rights of others;
3. Post, upload, email, transmit or otherwise distribute any Content that is unlawful, harmful, obscene, defamatory, threatening, harassing, abusive, slanderous, hateful, or embarrassing to any other person or entity as determined by WoundForums.com in its sole discretion;
4. Harm minors in any way;
5. Posting advertisements or solicitations of business;
6. Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Member Service;
7. Post, upload, email, transmit or otherwise distribute chain letters, pyramid schemes, unsolicited or unauthorized advertising or spam;
8. Impersonate another person or stalk or otherwise harass another person;
9. Post, upload, email, transmit or otherwise distribute viruses or other harmful computer code designed to interrupt, destroy or limit the use of any computer software or hardware;
10. Harvest or otherwise collect information about others, including email addresses, without their identification for posting or viewing comments; consent;
11. Allow any other person or entity to use your identification for posting or viewing comments
12. Interfere with or disrupt the Member Service or computers, networks or other hardware connected to the Member Service, or disregard any requirements or policies of networks connected to the Member Service;
13. Engaging in any other conduct that restricts or inhibits any other person from using or enjoying the Member Service, or which, in the judgment of WoundForums.com, exposes WoundForums.com or any of its customers or suppliers to any liability or detriment of any type.
WoundForums.com may (but is not obligated) to do any or all of the following:
1. Record or pre-screen the dialogue in public chat rooms.
2. Investigate an allegation that a communication(s) do(es) not conform to the terms of this section and determine in its sole discretion to remove or request the removal of the Content.
Laws that govern this agreement
AD Surgical controls the WoundForums.com Web Site from its offices within the state of California in the United States of America. The Web Site can be accessed from any of the United States and from other countries worldwide. Since the laws of each State or country able to access the Web Site may differ, by accessing the Web Site both you and WoundForums.com agree that the statutes and laws of the state of California, without regard to choice of laws principles, will apply to all matters relating to use of our Web Site.
WoundForums.com makes no representation that materials on our Web Site are appropriate or available for use in other locations, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access the Web Site from other locations do so on their own initiative and are responsible for compliance with local laws. WoundForums.com is intended for United States healthcare professionals only.
By accessing materials on our Web Site or registering you agree with all the terms and conditions of this agreement.
We reserve the right, at our sole discretion, to change the terms and conditions of this Agreement from time to time, and your continuing use of our Web Site constitutes your acceptance of and agreement to any changed terms and conditions.
If you don’t comply with these terms, we have the right to suspend or eliminate your account, and remove any information you have placed on our site. We may also take any legal action we think is appropriate. If your violation of this agreement causes harm to others, you agree to hold WoundForums.com harmless against any liability for that harm. If there is any dispute between us concerning this agreement or your use of our Web Site, we both agree to submit the dispute to non-binding mediation, followed by binding arbitration. Both the mediation and the arbitration will be governed under the rules of the American Arbitration Association, and the venue for the arbitration will be California.
You agree to defend, indemnify, and hold WoundForums.com, its officers, directors, employees, agents, licensors, and suppliers, harmless 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 these Terms and Conditions.
NOTICE AND TAKE DOWN PROCEDURES; AND COPYRIGHT AGENT:
If you believe any materials accessible on or from the Web Site infringe your copyright, you may request removal of those materials (or access thereto) from this web site by contacting WoundForums.com’s copyright agent (identified below) and providing the following information:
1. Identification of the copyrighted work that you believe to be infringed. Please describe the work, and where possible include a copy or the location (e.g., URL) of an authorized version of the work.
2. Identification of the material that you believe to be infringing and its location. Please describe the material, and provide us with its URL or any other pertinent information that will allow us to locate the material.
3. Your name, address, telephone number and (if available) e-mail address.
4. A statement that you have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent, or the law.
5. A statement that the information that you have supplied is accurate, and indicating that “under penalty of perjury,” you are the copyright owner or are authorized to act on the copyright owner’s behalf.
6. A signature or the electronic equivalent from the copyright holder or authorized representative.
In an effort to protect the rights of copyright owners, WoundForums.com maintains a policy for the termination, in appropriate circumstances, of subscribers and account holders of the Web Site who are repeat infringers.
AD Surgical (c/o WoundForums.com)
1296 Kifer Road, Suite 608, Sunnyvale, CA 94086, USA