TERMS AND CONDITIONS OF USE FOR WWW.TEENIEMD.COM CUSTOMERS, MEMBERS, USERS, SUBSCRIBERS, AND VISITORS.
BY ACCESSING OR USING THE SITE AND SERVICES (EXPLAINED BELOW), YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT AND YOU AFFIRM THAT YOU ARE OVER THE AGE OF 18, AS THE SITE AND SERVICES ARE NOT INTENDED FOR CHILDREN. IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, YOU AGREE THAT SERVICES WILL NOT BE PROVIDED, AND YOU WILL NOT ATTEMPT TO ACCESS OR USE THE SITE OR SERVICES.
The website www.teeniemd.com, (the Site), is owned and operated by Christine Nedeau, MD. The Site and any applications, related websites, content, products, tools, features or services offered on the Site (the Services) are provided by “TeenieMD” conditional on the acceptance of the terms and conditions of use set out below (referred to as the Terms and Conditions of Use or the Agreement).
IMPORTANT – PLEASE READ THIS AGREEMENT CAREFULLY BEFORE ACCESSING OR USING THE SITE OR ANY SERVICES, SOFTWARE, TEMPLATES, PROGRAMS, QUESTIONNAIRES, TOOLS, APPLICATIONS, FEATURES OR FUNCTIONALITY AVAILABLE ON OR THROUGH THE SITE (COLLECTIVELY THE “SERVICES”). IT INCLUDES IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND RESPONSIBILITIES.
1 THE SITE AND SERVICES
The “TeenieMD” Site and Services allows visitors, subscribers, viewers, members, like yourself (referred to as “you”, “your”, or Visitor) to view information about medical health. While the information on the Site was prepared to provide accurate information regarding topics related to general and specific health issues, the information contained in the Site is made available with the express understanding that Christine Nedeau, MD, “TeenieMD”, and/or the other contributors on the Site, nor the Site itself are dispensing medical advice and do not intend any of this information to be used for self-diagnosis or treatment. You can use the Site and Services from a computer, lap top, or other personal mobile devices. For further clarification, “TeenieMD” does not provide and/or dispense medical advice. Since we do not provide and/or dispense medical advice, we will not be liable for any actions, omissions, and/or outcomes relating to reading, using, or acting upon the information provided on the Site. IF YOU HAVE ANY QUESTIONS OR CONCERNS ABOUT YOUR HEALTH AND BEFORE STARTING OR STOPPING ANY TREATMENT OR ACTING UPON INFORMATION CONTAINED ON THE SITE, YOU SHOULD CONTACT YOUR OWN PHYSICIAN OR HEALTH CARE PROVIDER.
“TeenieMD” respects the privacy and confidentiality of your personal information, and that of your Patrons. “TeenieMD” does not collect your personal information, except where you provide such information when using the Site and Services. By submitting personal information to “TeenieMD”, you acknowledge and agree that you have consented to the collection, use and disclosure of that personal information as specified on any collection form.
3 LINKS TO OTHER WEBSITES AND SOCIAL MEDIA
You further acknowledge and agree that “TeenieMD” shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third-party websites or services. Your use of third-party sites and resources is at your own risk.
4 PROPRIETARY RIGHTS
The contents of the Site, including features, applications, reports generated from use of the Services, and any other information, data, analyses, graphics, images, audio and video clips, hyperlinks and references, including interactive features such as forums, support services, or conference calls (collectively, the Content), all other works and material on the Site, including without limitation, the code and software (together with the Content, the Materials) and all organization and presentation of the Materials which form a part of the Site are the exclusive property of “TeenieMD” or its licensors as applicable, and are protected by intellectual property laws relating to copyrights, trademarks, trade names, Internet domain names, trade dress and other proprietary rights. The trademarks, service marks, logos, slogans and Internet domain names on the Site are the exclusive property of “TeenieMD” or its licensors. Use of any such property, except as expressly authorized, will constitute a violation of the rights of the owner of the property and a breach of the Terms and Conditions of Use.
The Services, Site, Content and certain features of the Site are only available to visitors who subscribe to the Services and Site (hereafter, Member Services). The Member Services are not intended to be used by any person under the age of eighteen (18) years old. By registering as a member for the Member Services, you agree as follows:
5.1 when you subscribe to “TeenieMD” you agree to provide accurate and complete information and other information necessary for registration. “TeenieMD” relies on this information to provide the Content and Member Services. “TeenieMD” also relies on this information to ensure its Services are compliant under law, and thus cannot be liable for any criminal or civil actions against you that may result from you providing false information
5.2 Subscribing to the Site consents to receiving email communications from “TeenieMD”, which may include new product and service offers and Site information. You may choose to cancel your subscription at any time
5.3 you are responsible for all charges and fees associated with connecting to the Site and the Subscription Services, including without limitation to all telephone access lines (including long-distance charges, when applicable), internet service provider fees, including fees and rates incurred for accessing the Site and Services from a wireless-enabled device, telephone and computer equipment, sales tax, charges, or fees necessary to access the Site and Services
5.4 “TeenieMD” does not guarantee that the Site or Services, or any portion thereof, will function on specific hardware or devices
6 CANCELLATION AND TERMINATION
6.1 You acknowledge and agree that your only right with respect to any dissatisfaction with the Site, Member Services, or any modification or discontinuation of the foregoing, or any policies or practices by “TeenieMD” in providing this Site or Member Services, including without limitation any changes to the Membership Services, is to cancel or terminate your subscription to “TeenieMD” or simply stop viewing the Site
7.2 “TeenieMD” can disable or terminate your subscription at the discretion of the Site
EACH VISITOR ACKNOWLEDGES AND AGREES THAT (i) NEITHER “TeenieMD”, Christine Nedeau, MD, NOR ANY OF THEIR AFFILIATES OF CONTRIBUTORS WILL HAVE ANY LIABILITY TO ANY USER FOR ANY UNAUTHORIZED ACTIONS MADE THROUGH THEIR SUBSCRIPTION
9 VISITOR SUBMISSIONS
You agree that you will not upload or transmit any communications or content of any type to the Site public areas (such as Site message boards, and blogs, testimonials, and user reviews (referred to as Public Areas) that infringe or violate any rights of any party. By submitting communications or content to Public Areas, you agree that such submissions are non-confidential for all purposes.
10 VISITOR CONTENT
Visitors using the Member Services may provide us with content, including without limitation text, photos, images, audio, video, and any other materials (“Visitor Content”) to upload to the Site. You’re responsible for the content you publish on the Site portal in accordance with the following rules:
(a) You agree to only post or upload media including but not limited to photos, videos and audio that you have taken yourself or that you have all rights to transmit and license and which do not violate trademark, copyright, privacy or any other rights of any other person. You represent that you own all rights to your Visitor Content or otherwise have (and will continue to have) all rights and permissions to legally use, share, display, transfer and license your Visitor Content via the Member Services. If we use your Visitor Content in the ways contemplated in this Agreement, you represent that such use will not infringe or violate the rights of any third party, including without limitation any copyrights, trademarks, privacy rights, publicity rights, contract rights or any other intellectual property or proprietary rights.
(c) “TeenieMD” does not review all of the Visitor Content. The Services may contain Visitor Content: (a) that is offensive or objectionable; (b) that contains errors; (c) that violates intellectual property, privacy, publicity or other rights of third parties; (d) that is harmful to your computer or network; or (e) the downloading, copying or use of which is subject to additional terms and policies. By operating the Services, we don’t represent or imply that we endorse Visitor Content provided therein, or that we believe such Visitor Content to be accurate, useful or non-harmful. We’re not a publisher of, and we’re not liable for, any Visitor Content uploaded, posted, published or otherwise made available via the Services. You’re responsible for taking precautions to protect yourself, and your computer or network, from Visitor Content accessed via the Services.
(d) You agree that you will not submit for publication on the Site any media that contains personal information which may include the name, phone number, email address or web site URL of you, or of anyone else. By uploading any media on the Site, you warrant that you have permission from all persons appearing in your media for you to make this contribution and grant rights described herein.
10.1 “TeenieMD” reserves the right to review all media, including Visitor Content, prior to submission to the Site or a Member portal and to remove any media for any reason, at any time, without prior notice, in our sole discretion.
(c) posting material that is unlawful, obscene, defamatory, threatening, harassing, abusive, slanderous, hateful, or embarrassing to any other person or entity as determined by “TeenieMD” in its sole discretion;
(d) posting chain letters or pyramid schemes;
(e) impersonating another person;
(f) distributing viruses or harmful computer code;
(g) harvesting or otherwise collecting information about others, including email addresses, without their consent; or
(h) engaging in any other conduct that restricts or inhibits any other person from using or enjoying the Site, or which, in the judgment of “TeenieMD”, exposes “TeenieMD” or any of its users, readers, customers, licensors or suppliers to any liability or detriment of any type.
12.1 In order to access certain features of “TeenieMD” you may be required to become a subscriber. For purposes of the Terms, a “subscriber” is a user who has registered an account on the Website (“Account”).
12.2 In subscribing to the Site, you agree to (1) provide true, accurate, current and complete information about yourself as prompted by the registration form (the “subscription data”); and (2) maintain and promptly update the Subscription Data to keep it true, accurate, current and complete. You represent that you are (1) at least thirteen (13) years old; (2) of legal age to form a binding contract.
“TeenieMD” DOES NOT MONITOR, CONTROL, OR SCREEN ANY INFORMATION, MATERIALS, OR CONTENT PUBLISHED BY VISITORS OR CONTRIBUTORS FOR THE PURPOSE OF PROTECTING PERSONAL INFORMATION. “TEENIEMD” shall not be liable, directly or indirectly, for any damage or loss suffered by you which is caused or alleged to be caused by or in connection with sharing personal information in Public Areas.
14 COOKIES AND WEB BEACONS
To enhance your experience with the Site and Services, “TeenieMD” reserves the right to use “cookies” or “web beacons”.
“Cookies” are text files placed in your computer’s browser to store your preferences and understand Site usage to improve the content and offerings on the Site.
“Web beacons” or clear.gifs are small pieces of code placed on a web page to monitor the behavior and collect data about the visitors viewing a web page. For example, web beacons can be used to count the users who visit a web page or to deliver a cookie to the browser of a visitor viewing that page.
- USE OF THE SERVICES
15.1 You may need to update third-party software from time to time in order to use “TeenieMD”.
15.3 As a part of “TeenieMD”, you may have access to materials that are hosted by another party. You agree that it is impossible for “TeenieMD” to monitor such materials and that you access these materials at your own risk.
In consideration of the availability, and your use of, the Site and/or Services, you agree to comply with all applicable laws and the Terms and Conditions of Use when using the Site and/or Services. You also agree that neither you, nor any person influenced by you, or any person acting under your direction, will NOT:
16.1 use the Site and/or Services in such a way that violates applicable laws, license agreements, copyright, or other intellectual property rights;
16.2 post, transmit, link to, or otherwise distribute any materials, information, or content constituting, advocating or encouraging conduct that would constitute a criminal offense or give rise to civil liability
16.3 post, transmit, link to, or otherwise distribute any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful material or information; or
16.4 use the Site to commit illegal acts, “hack” the Site, subscribers, or modify or interfere with the Site and/or Services in any way.
Any of the above actions will constitute Misuse.
Any acts you commit, or cause to be committed, which, in the sole opinion of “TeenieMD”, intentionally expose the Site or Services to cyber threats such as viruses or hacking, increase the likelihood of a security breach, or cause or may cause any reputation harm to “TeenieMD” will also constitute Misuse. “TeenieMD” retains the right to take steps to identify and prevent Misuse of the Site and/or Services.
17 VISITOR LIABILITY
You will be liable for any damage resulting from the following:
17.1 your Misuse of the Site and/or Services, as applicable;
17.2 your use of the the Site and/or Services resulted in others being unable to use the Site and/or Services properly, resulting in legal action against “TeenieMD”.
THIRD PARTY SERVICES
“TeeniMD” may contain affiliate links and other links to third-party websites (“Third-Party Websites”) and applications (“Third-Party Applications”) and advertisements for third parties (“Third-Party Ads”). When you click on a link to a Third-Party Website, Third-Party Application or Third-Party Ad, we will not warn you that you have left “TeenieMD” and may be subject to the terms and conditions (including privacy policies) of that third-party website/destination. Such Third-Party Websites, Third-Party Applications and Third-Party Ads are not under the control of “TeenieMD”, therefore, “TeenieMD” is not responsible for any Third-Party Websites, Third-Party Applications or Third-Party Ads. ”TeenieMD” provides these Third-Party Websites, Third-Party Applications and Third Party Ads only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Websites, Third-Party Applications or Third-Party Ads, or their products or services. You use all links in Third-Party Websites, Third-Party Applications and Third-Party Ads at your own risk. When you leave our Website, our Terms and policies no longer govern. You should review applicable terms and policies, including privacy and data gathering practices, of any Third-Party Websites or Third-Party Applications, and should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any third party.
“TeenieMD” can be accessed from countries around the world and may contain references to Services and Content that are not available in your country. Those who access or use “TeenieMD” from other countries do so at their own volition and are responsible for compliance with local law.
20 “TeenieMD” LIMITATION OF LIABILITY
The use of the Site, Member Services and the Content is at your own risk.
When using the Site and/or Services, information will be transmitted over a medium that may be beyond the control and jurisdiction of “TeenieMD”, therefore, assumes no liability for or relating to the delay, failure, interruption, or corruption of any data or other information transmitted in connection with its use.
Without limiting the foregoing, “TeenieMD”, its licensors, and its suppliers make no representations or warranties that the Site, Services or Content will meet your needs, or about the accuracy, reliability, completeness, or timeliness of the Services and Content, software, text, graphics, links or communications provided on or through the Site. “TeenieMD” does not warrant that the Site, Services or Content are accurate, reliable or correct, that the Site will be available at any specific time or location. Further, nothing on the Site constitutes advice, nor should the Site or any part thereof, be relied upon in making, or refraining from making, any decision, LEGAL or otherwise.
“TeenieMD” is not liable for any losses you may suffer which result from any viruses, “Trojan Horses”, “worms”, “cancelbots” or other harmful, disruptive or destructive files or computer programs that may infect your computer equipment or other property because of your access to, or use of the Site, Member portals, Services or Content. “Teenie MD” is not liable for any losses you may suffer which result from any attack from third parties through your subscription.
In the event that you have a medical issue, “TeenieMD” hereby disclaims and you hereby waive any recourse to or against “TeenieMD” and agree to release and indemnify “TeenieMD” and its third-party contractors and suppliers from and against any and all claims, demands, damages, losses, costs and expenses of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes or any breach of THE Terms and Conditions of Use.
You understand and agree that any material or data downloaded or otherwise obtained through the Site and/or Services is done at your own discretion and risk.
Under no circumstances will “TeenieMD”, its licensors, its suppliers or any third parties mentioned on the Site be liable to you for any damages (including, without limitation, incidental and consequential damages, personal injury/wrongful death, medical complications, lost profits, or damages resulting from lost data or business interruption) resulting from use of or inability to use the Site, Services and/or Content.
- Disclaimer of Warranties and Conditions.
21.1 YOU EXPRESSLY UNDERSTAND AND AGREE THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOUR USE OF “TEENIEMD IS AT YOUR SOLE RISK, AND “TEENIEMD” ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS. ”TEENIEMD” PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES, REPRESENTATIONS, AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT ARISING FROM USE OF THE WEBSITE.
“TEENIEMD” PARTIES MAKE NO WARRANTY, REPRESENTATION OR CONDITION THAT: (1) “TEENIEMD” WILL MEET YOUR REQUIREMENTS; (2) YOUR USE OF “TEENIEMD” WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; OR (3) THE RESULTS THAT MAY BE OBTAINED FROM USE OF “TEENIEMD” WILL BE ACCURATE OR RELIABLE.
21.2 No Liability for Content. THE SERVICE CONTAINS OPINIONS AND VIEWS OF “TEENIEMD” AND ITS USERS AND DOES NOT ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR THE ACCURACY, EFFICACY, OR VERACITY OF ANY CONTENT POSTED.
21.3 No Liability for Conduct of Third Parties or Products.YOU ACKNOWLEDGE AND AGREE THAT “TEENIEMD” PARTIES ARE NOT LIABLE FOR THE CONDUCT OF THIRD PARTIES OR THE PRODUCTS THAT THEY PROVIDE, INCLUDING OPERATORS OF EXTERNAL SITES, AND THAT THE RISK OF INJURY FROM SUCH THIRD PARTIES AND/OR PRODUCTS RESTS ENTIRELY WITH YOU.
21.4 No Liability for Conduct of Other Users.YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF “TEENIEMD”. YOU UNDERSTAND THAT “TEENIEMD” DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF “TEENIEMD”.
21.5 Professional Advice Disclaimer.
THE CONTENT AND INFORMATION LOCATED ON THE “TEENIEMD” ARE DESIGNED FOR EDUCATIONAL, INFORMATIONAL, AND ENTERTAINMENT PURPOSES ONLY. YOU SHOULD NOT RELY ON INFORMATION AVAILABLE IN OR VIA THE “TEENIEMD” AS A SUBSTITUTE FOR PROFESSIONAL ADVICE, INCLUDING MEDICAL ADVICE. YOU MUST NOT RELY ON ANY OF THE CONTENT AND INFORMATION FOR ANY PURPOSES WHATSOEVER, AND YOU MUST SEEK YOUR OWN INDEPENDENT PROFESSIONAL ADVICE BEFORE RELYING ON OR OTHERWISE DECIDING TO TAKE ANY ACTION ON THE BASIS OF ANY CONTENT OR INFORMATION AVAILABLE THROUGH THE SERVICES.
IF YOU HAVE ANY CONCERNS OR QUESTIONS ABOUT YOUR HEALTH, YOU SHOULD ALWAYS CONSULT WITH A PHYSICIAN OR OTHER HEALTH-CARE PROFESSIONAL. DO NOT DISREGARD, AVOID OR DELAY OBTAINING MEDICAL OR HEALTH RELATED ADVICE FROM YOUR HEALTHCARE PROFESSIONAL BECAUSE OF INFORMATION OR CONTENT AVAILABLE ON THE “TEENIEMD”. THE USE OF INFORMATION AND CONTENT PROVIDED THROUGH THE “TEENIEMD” IS SOLELY AT YOUR OWN RISK.
NOTHING STATED OR POSTED ON THE “TEENIEMD” OR AVAILABLE THROUGH ANY SERVICES IS INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, THE PRACTICE OF MEDICAL OR COUNSELING CARE. FOR PURPOSES OF THIS AGREEMENT, THE PRACTICE OF MEDICINE AND COUNSELING INCLUDES, WITHOUT LIMITATION, PSYCHIATRY, PSYCHOLOGY, PSYCHOTHERAPY, OR PROVIDING HEALTH CARE TREATMENT, INSTRUCTIONS, DIAGNOSIS, PROGNOSIS OR ADVICE.
You agree to defend, indemnify, and hold “TeenieMD”, 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 the Terms and Conditions of Use.
23 FORCE MAJEURE
“TeenieMD” will not be liable for any delay or failure to perform to the extent due to causes beyond its reasonable control.
You agree that providing and email to “TeenieMD” will constitute effective notice. If you need to contact “TeenieMD” you can do so through the Site. Notice will be effective once the email is sent, unless the party sending the email becomes aware that it was not deliverable.
“TeenieMD” may change, suspend, or discontinue any aspect of the Site at any time, including the availability of any Services, Content, or related features and databases without notice or liability.
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