Terms and Policies
This agreement contains warranty disclaimers and other provisions that limit the author’s liability to you. Please read these terms and conditions carefully and in their entirety, as using, accessing and/or browsing the site constitutes acceptance of these terms and conditions. If you do not agree to be bound to each and every term and condition set forth herein, please exit the site immediately and do not use, access and/or browse the site.
By entering the site, you acknowledge and agree that you have read and understand these terms and conditions, that the provisions, disclosures and disclaimers set forth herein are fair and reasonable, and that your agreement to follow and be bound by these terms and conditions is voluntary and is not the result of fraud, duress or undue influence exercised upon you by any person or entity.
Medical advice disclaimer
The Author provides the Site and the services, information, content and/or data (collectively, “Information”) contained therein for informational purposes only. The Author does not provide any medical advice on the Site, and the Information should not be so construed or used. Using, accessing and/or browsing the Site and/or providing personal or medical information to the Author does not create a physician-patient relationship between you and the Author. Nothing contained in the Site is intended to create a physician-patient relationship, to replace the services of a licensed, trained physician or health professional or to be a substitute for medical advice of a physician or trained health professional licensed in your state. You should not rely on anything contained in the Site, and you should consult a physician licensed in your state in all matters relating to your health. You hereby agree that you shall not make any health or medical related decision based in whole or in part on anything contained in the Site.
Financial, legal and other advice disclaimer
You hereby acknowledge that nothing contained in the Site shall constitute financial, investment, legal and/or other professional advice and that no professional relationship of any kind is created between you and the Author. You hereby agree that you shall not make any financial, investment, legal and/or other decision based in whole or in part on anything contained in the Site.
The opinions expressed in the Site are not necessarily endorsed by, or the opinions of, the Author and do not necessarily reflect the opinion of his employer(s), specifically, St. Joseph Hospital, Nashua, NH. The Site is created by the Author in the Author’s individual capacity, is the Author’s personal web site, is not edited by the Author’s employer(s) and, as a result, may not be attributed to the Author’s employer.
Any opinions of the Author on the Site are or have been rendered based on specific facts, under certain conditions, and subject to certain assumptions, and may not and should not be used or relied upon for any other purpose, including, but not limited to, for use in or in connection with any legal proceeding.
The Information may be changed without notice and is not guaranteed to be complete, correct, timely, current or up-to-date. Similar to any printed materials, the Information may become out-of-date. The Author undertakes no obligation to update any Information on the Site; provided, however, that the Author may update the Information at any time without notice in the Author’s sole and absolute discretion. The Author reserves the right to make alterations or deletions to the Information at any time without notice.
The Site is open to the public. Therefore, consider your comments carefully and do not include anything in a comment that you would like to keep private. By uploading or otherwise making available any information to the Author in the form of user generated comments or otherwise, you grant the Author the unlimited, perpetual right to distribute, display, publish, reproduce, reuse and copy the information contained therein.
You are responsible for the content you post. You may not impersonate any other person through the Site. You may not post content that is obscene, defamatory, threatening, fraudulent, invasive of another person’s privacy rights, or is otherwise unlawful. You may not post content that infringes the intellectual property rights of any other person or entity. You may not post any content that contains any computer viruses or any other code designed to disrupt, damage, or limit the functioning of any computer software or hardware.
By submitting or posting content on the Site, you grant the Author and any company substantially under the control of the Author, the right to remove any content or comment that, in Author’s sole judgment, does not comply with the terms and conditions of this Agreement or is otherwise objectionable. You also grant the Author and any company substantially under the control of Author the right to modify, adapt, and edit any content.
Comments to individual posts are encouraged. This is a moderated forum, meaning comments are reviewed before they are posted.
Respectful comments that contribute to the topic at hand will generally be accepted.
The Site will not publish comments that, in the Author’s sole opinion, fall under the following categories:
- snarky, trolling, off-topic, make the same point repeatedly, ranting at doctors, ranting at patients, excessively long, libelous, defamatory, abusive, harassing, threatening, profane, pornographic, offensive, false, misleading, or which otherwise violates or encourages others to violate the Author’s sense of decorum and civility or any law, including intellectual property laws
- “spam,” i.e., an attempt to advertise, solicit, or otherwise promote goods and services
- contain off-topic hyperlinks
The Author reserves the right to delete any comment, for any reason, at any time. The First Amendment gives you the right to express your opinions on your blog, not the Author’s.
Comments that receive a certain number of flags from the readership are automatically deleted.
Third party links and advertisements disclaimer
The inclusion of third party advertisements does not constitute an endorsement, guarantee, warranty, or recommendation of, and the author makes no representations and/or warranties about, any product or service contained therein.
The Author receives financial payment from Everyday Health and from companies that sponsor the e-newsletter. Amazon links on the Site may be affiliate links.
Disclaimer of all warranties
The Information made available at the Site is provided on an “AS IS” and “AS AVAILABLE” basis without warranties of any kind, either express or implied, including, without limitation, warranties of title, noninfringement, and implied warranties of merchantability or fitness for a particular purpose. Without limiting the generality of the foregoing, the Author makes no warranty, representation or guaranty as to the content, sequence, accuracy, timeliness or completeness of the Information, that the Information may be relied upon for any reason or that the Information will be uninterrupted or error free or that any defects can or will be corrected.
Without limiting the generality of the foregoing, the Author makes no representations or warranties with respect to any Information offered or provided within or through the Site regarding treatment of medical conditions, action, or application of medication.
Under no circumstances, as a result of your use of the Site, will the Author be liable to you or to any other person for any direct, indirect, special, incidental, exemplary, consequential or other damages under any legal theory, including, without limitation, tort, contract, strict liability or otherwise, even if advised of the possibility of such damages. Without limiting the generality of the foregoing, the Author shall have absolutely no liability in connection with the Site for:
1. damages as a result of lost profits, loss of good will, work stoppage, failure of performance, delays in operation or transmission, nondelivery of information, deletions of files, mistakes, defects, errors, interruptions or computer failure or malfunction;
2. any loss or injury caused, in whole or in part, by the Author’s actions, omissions, or negligence, or for contingencies beyond the Author’s control, in procuring, compiling, or delivering the Information;
3. any errors, omissions, or inaccuracies in the Information regardless of how caused, or delays or interruptions in delivery of the Information; or
4. any decision made or action taken or not taken in reliance upon the Information.
Reservation of intellectual property rights
The Site is protected by United States copyright laws. The Author hereby reserves any and all intellectual property rights in the Site.
The Site is intended for persons eighteen (18) years or older. Persons under the age of eighteen (18) should not access, use and/or browse the Site.
You agree to indemnify and hold the Author harmless from any claim or demand, including attorneys’ fees, made by any third party as a result of (1) any content posted or made available by you on this Site, (2) any violation of law that occurs by you through the Site, and/or (3) anything you do using the Site and/or the Information contained therein.
If any provision of this Agreement is held to be invalid or unenforceable in whole or in part in any jurisdiction, then that provision shall be deemed ineffective in such jurisdiction but shall have no effect on the enforceability of the remaining provisions.
Governing law, consent to jurisdiction and limitation on claims
This Agreement and your use of the Site, along with the Information contained therein, shall be governed by and construed in accordance with the laws of the State of New Hampshire without regard to conflict of laws principles, and you agree to submit to the jurisdiction of courts in the State of New Hampshire. You further agree that any claims or causes of action arising out of or related to this Agreement and the Site, along with the Information contained therein, shall be filed within one (1) year after such claim or cause of action arose, or such claim or cause of action shall be forever barred.
You hereby acknowledge that this Agreement represents the entire understanding between you and the Author concerning your use of the Site and the Information contained therein.
The Author may, in the Author’s sole and absolute discretion, modify the terms and conditions of this Agreement in whole or in party at any time for any reason without any notice to you, whether prior or otherwise. Such modified terms and conditions shall supersede these terms and conditions and shall become binding when published online on the Site.
The Author’s failure to exercise or enforce any right or provision of this Agreement shall not be deemed to be a waiver of such right or provision.
The site and the information contained therein is made available by the author for educational purposes only and is not intended to provide medical advice. By accessing the site, you understand and acknowledge that there is no physician-patient relationship between you and the author. You further acknowledge your understanding that the site should not be used as a substitute for competent medical advice from a licensed physician in your state.
Axilogy.com claims no ownership rights in any content or image submitted to it by its contributors, posters, and commenters. Axilogy.com is committed to complying with U.S. copyright law and expects all who access our site and Service to do the same.
In compliance with the United States Digital Millennium Copyright Act, Pub. L. 105-304 (“DMCA”) http://www.copyright.gov/legislation/dmca.pdf, Axilogy.com has appointed an agent for notification of claimed infringement with the U.S. Copyright Office (see below).
Upon receipt of a valid legal notice alleging that copyright infringement is occurring, Axilogy.com will remove the offending material and provide the contributor or poster with a copy of the notice of copyright infringement. The material shall remain removed from Axilogy.com's service until the contributor or poster has provided the designated agent at Axilogy.com a complying Counter Notification. Upon receipt of the valid Counter Notification, the law requires Axilogy.com to submit a copy of the Counter Notification to the complaining party with notice that Axilogy.com will replace or re-enable access to the allegedly infringing material in ten business days. Then, ten to fourteen business days after receiving the Counter Notification, Axilogy.com will replace or re-enable access to the allegedly infringing material, unless the complaining party has notified Axilogy.com's designated agent that a court action relating to the materials in question has been filed in order to stop the alleged copyright infringement.
Notification of Claimed Copyright Infringement
If you believe that a web page hosted byAxilogy.comis violating your rights under U.S. copyright law, you may file a complaint thereof with Axilogy.com's designated agent in the manner described below.
4017 1st Ave
San Diego, CA
For your complaint to be valid under the DMCA, you must provide the following information when providing notice of the claimed copyright infringement:
- a physical or electronic signature of a person authorized to act on behalf of the copyright owner;
- identification of the copyrighted work claimed to have been infringed;
- identification of the material that is claimed to be infringing or to be the subject of the infringing activity and that is to be removed or access to which is to be disabled as well as information reasonably sufficient to permit Univision to locate the material;
- information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number and, if available, an electronic mail address;
- a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law; (e.g., “I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law);
- a statement that the information in the notification is accurate, and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed (e.g., “I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.”)
See 17 U.S.C. § 512(c)(3) for more details.
You also should be aware that, under the DMCA, claimants who make misrepresentations concerning copyright infringement may be liable for damages incurred as a result of the removal or blocking of the wrongfully accused material, court costs, and attorneys’ fees.
Counter-Notification to Claimed Copyright Infringement
If a notice of copyright infringement has been filed against you, you may file a counter-notification with Axilogy.com’s designated agent at the address listed above. Such counter-notification must contain the following information:
- a physical or electronic signature;
- identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
- a statement under penalty of perjury that the Member has a good faith belief that the material was removed or disabled as a result of mistake or misidentification; and
- your name, address, and telephone number, and a statement that you consent to the jurisdiction of the federal district court for the federal district in which you are located, and that you will accept service of process from the complainant.
If Axilogy.com receives a valid counter-notification, the DMCA provides that the removed material will be restored or access re-enabled. Under the Axilogy.com Terms of Service agreement, however Axilogy.com may have the option to remove the material in any event under its “Acceptable Use” terms.
Again, you should be aware that U.S. copyright law provides substantial penalties for a false counter-notice filed in response to a notice of copyright infringement.
NOTE: If you believe that your copyrights have been infringed, or if a notice of copyright infringement has been filed against you, you should seek advice of legal counsel. We are providing the preceding to you for informational purposes only.
Axilogy, LLC operates this website (the “Site”), and the services related to or offered on the Site (the “Services”). These Services may include, without limitation, tools, applications, email services, bulletin and message boards, chat areas, news groups, forums, communities, calendars and downloadable mobile applications related to the Site or provided through the Site.
To be clear about the terminology we are using, when we use the phrase “Personal Information” in this Policy, we mean information that can be used to identify or contact a person, like a person’s full name, address, email address or phone number. When we use the phrase “Anonymous Information” in this Policy, we mean information that cannot reasonably be used to identify individual persons.
By visiting this Site or using the Services, you are accepting the policies and practices described in this Policy. Each time you visit the Site or use the Services, you agree and expressly consent to our collection, use and disclosure of the information that you provide as described in this Policy.
Your Personal Information will be processed by us in the United States.
1. The Information We Gather
We receive information about you in the following ways:
A. Information You Voluntarily Provide Us
We collect and maintain information that you voluntarily submit to us during your use of the Site and Services. For example:
- when you register for a Site or participate in CME activities, you may provide us certain information including your name, email address, password, demographic information, State of Licensure or AMA ME Number and practice area;
- to engage a Site’s social networking function, you may add to your profile by providing information about your interests;
- if you sign-up to receive a newsletter, or participate in social networking activities, you may provide us contact information (e.g., email or physical address); and
- when you participate in sponsored or unsponsored market research surveys you may be asked to provide personal information in addition to providing your responses to the survey questions; and
- you may provide us with Personal Information in the course of email, or customer support interactions.
You may choose not to provide us with certain information, but this may stop you from gaining access to a Service or limit the features that you can use. For more information, please see the How We Use Your Information section below.
B. Information We Collect Through Your Use of the Site.
As you use the Site and Services, certain information may also be passively collected. Through cookies, pixels, web beacons, log files and other technologies, information may be collected about how you use the Site and the Services in addition to Internet Protocol (IP) address and browser information. For example, we may track the e-mails that are opened, links that are clicked, or web pages visited. Your IP address may indicate that your computer or device is located in New York City and this information may be used to deliver advertisements relevant to New York City users. The information allows for the delivery of more helpful information, programs, tools and advertisements. Please see the Cookies and Targeted Advertising sections below for more information.
C. Information Received From Third Parties.
We may gather information from third party sources, including governmental agencies, other aggregators of health consumption information or business partners. Online and/or offline information received from third parties may be combined with the information already collected from you via the Site and Services. The third party information is used for a variety of purposes including to verify other information about you (e.g., verify your mailing address to send you requested products or services) and to enhance the content and advertising provided to you. Information from third parties may also be used to verify and update registration information and confirm licensure status.
2. Use of Your Information
Your Personal Information will be used in the ways described below or as described at the time that the information is collected.
You can limit the way advertising is tailored to you by deleting the cookies that we have placed on your browser. Please see the section below on Cookies, Web Beacons and IP Address Information for more information.
A. To Provide the Site and Services.
Your Personal Information is used as necessary or appropriate to provide you the Site and Services, including to:
- administer your account;
- provide CME and ensure you receive proper CME credit from our accredited CME provider;
- register you and provide you access to the Site or Services;
- respond to your inquiries or requests that you direct to us;
- fulfill your requests for products or services;
- send communications and administrative emails about the Site or Services;
- personalize and better tailor the features, performance and support of the Site and Services for your use;
- send you promotional/marketing information, newsletters, offers or other information regarding opportunities and functionality that we think would be of particular interest to you;
- improve the quality of the Site and the Services, and analyze, benchmark and conduct research on user data and user interactions with the Site and Services.
3. Cookies and Targeted Advertising
- Cookies, Web Beacons and IP Address Information.
“Cookies” are small pieces of information that a website places on your browser when you visit that website. Cookies may be used to provide you with a more personal and interactive experience with the Site and Services. For example, cookies may be used to control what advertisements you see, the sequence of advertisements and to make sure you don’t see the same advertisement too many times. For polls, cookies may be used to help ensure that an individual can’t vote more than once on a particular question or issue. We do not store Personal Information in any cookies on your computer.
Cookies can be removed by following your Internet browser’s directions within the help tab. In order to use certain Services offered through the Site, your web browser must accept cookies. If you choose to disable cookies, some aspects of the Site may not work properly, and you may not be able to access our Services.
Cookies, pixels, web beacons (which are usually small, transparent graphic images), operating system and device information and navigational data like Uniform Resource Locators (URL) may be used to gather information regarding the date and time of your visit, the features and information for which you searched and viewed, the email you opened or on which advertisements you clicked. This type of information is collected to make the Site and Services more useful to you and to tailor the experience with us to meet your special interests and needs.
An “Internet Protocol Address” or “IP Address” is a number that is automatically assigned to your computer when you use the Internet. We, or our service providers, may use your IP Address when you access the Site or Services or use other means to assist with delivering geographically targeted content and advertisements.
A. Targeted Advertising
You can choose to limit Behavioral Advertising on the Sites by clicking here and opting-out of cookies placed by those vendors listed. After you opt-out, you will still see advertisements but the advertising may not be as relevant to your interests. If you change your computer, change your browser, or delete your cookies, you will need to renew your opt-out. The Site currently is not setup to process or respond to “Do Not Track” settings or signals from web browsers.
We do adhere to the Self-Regulatory Principles for Online Behavioral Advertising of the Digital Advertising Alliance (for more information click here).
B. Information Collected by Third Party Advertisers
4. How We Disclose Information to Third Parties
Your Personal Information may be shared with third parties as specifically approved by you or under the circumstances described below. If you do not want us to use or disclose Personal Information collected about you in the ways identified in this Policy, you should not use the Site or Services.
- Disclosure to CME Providers.
Personal Information of participants in CME programs on this Site may be disclosed to our accredited CME providers to ensure that participants receive proper CME credit. If you do not wish your personally identifying information so disclosed, then you must not participate in the CME Program, and by choosing to participate in the CME program you are thereby agreeing to the disclosure of your personally identifying information for the purposes outlined herein and on the CME page of the Site.
A. Sharing of Information with Advertisers:
When you are exposed to an advertisement on the Services (whether on the Site or in a newsletter, app or another Service) or visit an advertiser supported area on the Services, EHM may provide your personal information (such as name, specialty, NPI number, and country of residence) and information about your engagement with the Services (e.g., whether you viewed, interacted with or requested information about promotional content) to advertisers and/or such advertisers’ agents as well as to potential advertisers and their agents. While engaging with a promotional program on the Site, you may also be asked to provide additional Personal Information which may be used to supplement the information that you provided during registration. We will not provide these third parties with your personal contact information such as email or postal address without your consent. We are not responsible for how these third parties use your information.
B. Disclosure for Legal Reasons.
We may disclose and release your Personal Information to third parties: (a) to comply with valid legal requirements such as a law, regulation, search warrant, subpoena or court order; or (b) in special cases, such as a physical threat to you or others, a threat to homeland security, a threat to our system or network, or in any cases in which we believe it is reasonably necessary to investigate or prevent harm, fraud, abuse, illegal conduct or a violation or alleged violation of this Policy or other agreement we may have with you.
C. Agents and Contractors.
We may provide your Personal Information to service providers who work on our behalf or help us to operate our business, the Site and the Services. Examples of such service providers include vendors and suppliers that provide us with technology, services and/or content for sending email, analyzing data, research, providing advertising and marketing assistance and providing customer service. Access to your Personal Information by these service providers is limited to the information reasonably necessary to perform their limited functions.
D. Aggregated, Anonymous Information.
We may share Aggregated Anonymous Information about you with third parties. “Aggregated Anonymous Information” is your Anonymous Information that is combined with the Anonymous Information of other users.
E. Contests, Sweepstakes and Promotions.
F. Research, Sponsors and Ways That You Approve at the Time of Collection.
We may collect Personal Information about you and share it with third parties to the extent that you give us permission at the time of collection. We sometimes gather Personal Information on behalf of a sponsor in association with an offer or promotion. When participating in a survey, in addition to providing your responses to the survey questions, you may provide Personal Information that may be combined with information that you have already provided at registration or that we have received from third party sources. We may provide this information to third parties including the survey sponsor or the promotion sponsor. In such a case, we will provide you clear notice at the time of collection that the information is being collected on the sponsor’s behalf.
G. Within Our Company; Changes to Our Company.
We may share your Personal Information with any of our subsidiaries, joint ventures or other companies under common control. Additionally, in the event we go through a business transition such as a merger, acquisition by another company or sale of all or a portion of our assets, your Personal Information may be among the assets transferred. You acknowledge that such transfers may occur and are permitted by this Policy.
5. Message Boards and Chats
We may make message boards and other interactive forums available as part of the Services. You should be aware that any information which you post to these interactive forums or otherwise choose to make publicly available, including your Personal Information, may be disclosed and available to all users who have access to that portion of the Site or Services. By using these interactive forums, you agree that we are not responsible for any information that you disclose or communicate in such forums, and any disclosures you make are at your own risk.
6. Children’s Information
The Site and Services are not directed or intended for children under 13 years of age. We do not knowingly collect Personal Information from individuals under 13 years of age. If you are under 13 years of age, you should not register or provide Personal Information on the Site or through the Services. If you are the parent or guardian of a child whom you believe has disclosed Personal Information to us, please contact us so that we may delete and remove such child’s information from our systems.
7. Co-branded Sections of the Site
8. Third Party Links
The Site may link to websites operated by third parties that we do not control. We do not monitor, control or endorse the information collection or privacy practices of any third parties. We encourage you to become familiar with the privacy practices of every website you visit and to contact them if you have any questions about their respective privacy policies and practices. This Policy applies solely to information collected by us through the Site or Services and does not apply to these third party websites. The ability to access information of third parties from the Site or Services, or links to other websites or locations, is for your convenience only and does not signify our endorsement of such third parties, their products, services, websites, locations or their content.
We undertake reasonable security measures to help protect the data that resides on our servers. However, no security system is impenetrable. We do not warrant the security of our servers, nor do we warrant that your information, including Personal Information, will be completely secure or not be intercepted while being transmitted over the Internet.
10. How To Contact Us
If you have any questions regarding privacy or this Policy, you may contact firstname.lastname@example.org
We reserve the right to change, modify, add or remove portions of this Policy at any time and without prior notice, and any changes will become effective immediately upon being posted unless we advise you otherwise. Your continued use of the Site or Services after this Policy has been amended shall be deemed to be your continued acceptance of the terms and conditions of the Policy, as amended. We encourage you to bookmark this webpage and review this Policy regularly.