Any user (“You”) of this web blog, also known as the “The Shoulder Center-Shoulder Pain Blog” (“Site”), hereby agrees to be bound by and subject to the terms and conditions set forth herein (“Agreement”). The parties to this Agreement shall be You and Vivek Agrawal, MD (“Author”). BY ACCESSING, USING AND/OR BROWSING THE SITE, YOU AGREE TO BE BOUND BY THIS AGREEMENT AND ITS 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, THIS AGREEMENT CONTAINS DISCLAIMERS AND OTHER PROVISIONS THAT LIMIT THE LIABILITY OF THE AUTHOR TO YOU. PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY AND IN THEIR ENTIRETY. . CONTINUED USE, ACCESSING AND/OR BROWSING THE SITE CONSTITUTES ACCEPTANCE OF THESE TERMS AND CONDITIONS.
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 any physician-patient relationship between You and the Author. Nothing contained in the Site is intended to create any physician-patient relationship, to replace the services of a licensed physician or health professional or to be a substitute for medical advice of a physician or 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 agree that you will not make any health or medical related decision based in whole or in part on anything contained in the Site.
Opinions expressed in this Site are not necessarily the opinions of the Author and do not necessarily reflect the opinion of his employer. This Site was created by the Author in his individual capacity and is the Author’s personal web site. It is not edited by the Author’s employer 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; 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.
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 or exists between you and the Author. You further agree that you will not make any financial, investment, legal and/or other decision based in whole or in part on anything contained in the Site.
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.
DISCLAIMER OF ALL WARRANTIES
Your participation in the Site is at your own risk. The Information made available at the Site is provided on an “as is” and “as available” basis. To the extent permissible by law, the Author expressly disclaims all warranties of any kind, whether express or implied, including, but not to the implied warranties of merchantability, fitness for a particular purpose, warranty of title and non-infringement. 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, and 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 (i) damages as a result of lost profits, loss of good will, work stoppage, failure of performance, delays in operation or transmission, non-delivery of information, deletions of files, mistakes, defects, errors, interruptions or computer failure or malfunction; (ii) 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; (iii) any errors, omissions, or inaccuracies in the Information regardless of how caused, or delays or interruptions in delivery of the Information; or (iv) any decision made or action taken or not taken in reliance upon the Information.
GUIDELINES FOR POSTING
This Site is open to the public. Therefore, you should carefully consider any comments you wish to post and avoid including anything in a comment that you would like to keep private. By posting 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.
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 use by individuals at least eighteen (18) years of age or older. Persons under the age of eighteen (18) years 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 (i) any content posted or made available by you on this Site, (ii) any violation of law that occurs by you through the Site, and/or (iii) anything You do using the Site and/or the Information contained therein.
Any provision of these Terms and Conditions that is held to be invalid or unenforceable in any jurisdiction, shall be deemed ineffective in such jurisdiction but shall have no effect on the enforceability of the remaining provisions in such jurisdiction or any of the provisions in any other jurisdictions.
GOVERNING LAW AND JURISDICTION
This Agreement shall be governed by and construed in accordance with the laws of the State of Indiana without regard to conflict of laws principles, and you agree to submit to the jurisdiction of courts in the State of Indiana.
These Terms and Conditions embody the entire understanding between You and the Author concerning your use of the Site and the Information contained therein.
The Author reserves the right, in the Author’s sole and absolute discretion, to modify the Terms and Conditions of this Agreement in whole or in party at any time for any reason without any notice to You. Any modified Terms and Conditions shall supersede and replace the prior Terms and Conditions which were modified, and such new Terms and Conditions 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.
AS STATED ABOVE, THIS 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 THIS 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.