This Terms and Conditions of Use is for the Fertility Neighborhood; referred to as CuraScript’s Neighborhood Web Communities. CuraScript, Inc. (CuraScript) operates and maintains a number of web sites referred to in this document as Neighborhood Web Communities. By using any of CuraScript’s Neighborhood Web Communities; you absolutely agree to be bound by these Terms and Conditions of Use ("Terms and Conditions") without qualification or reservation. If you do not agree with these Terms and Conditions, do not use this site. CuraScript reserves the right, at its discretion, to change, modify, add, or remove portions of these terms at any time. As these Terms and Conditions may be modified at any time, please check these terms periodically for changes as your subsequent use of CuraScript's Neighborhood Web Communities indicates your agreement to such changes.
MEDICAL ADVICE IS NOT PROVIDED IN ANY OF CURASCRIPT'S NEIGHBORHOOD WEB COMMUNITIES
CuraScript is not engaged in the rendering of medical advice or professional services in any capacity. The contents and information provided in the CuraScript's Neighborhood Web Communities, including all text, statistics, graphics, images, photographs, video, audio, and other information ("Content") are provided for informational purposes only. You must not use the Content, including our Ask-A-Nurse service and FAQ areas, as a substitute for face-to-face consultation with your physician, pharmacist, or healthcare provider regardless of whether you are seeking information on fertility, pharmaceutical, or fertility products and treatments; deciding to undergo fertility testing; or being treated for fertility. Our FAQ areas and Ask-A-Nurse service do not represent personalized medical advice or counsel concerning treatment or medical care, referrals, or any other recommendations. Online nurses, physicians, or pharmacists do not provide individualized medical advice, treatment, or care. Always seek the advice and care of a qualified healthcare provider for the treatment of any medical condition. Under no circumstances should you use CuraScript's Neighborhood Web Communities to diagnose or treat any medical condition, replace expert care and advice, or delay in seeking professional medical advice.
YOUR RIGHT TO USE THE CURASCRIPT'S NEIGHBORHOOD WEB COMMUNITIES
CuraScript’s Neighborhood Web Communities are strictly for your personal use only. CuraScript grants you a non-transferable and limited right to enter, display, and use any of CuraScript's Neighborhood Web Communities. The distribution, exchange, modification, sale, or transmission of any Content copied or downloaded from the Neighborhood for any business, commercial, non-profit, or other public use is prohibited without CuraScript's express written consent. CuraScript encourages non-profit organizations to request written permission to distribute the information contained in CuraScript's Neighborhood Web Communities. By using CuraScript's Neighborhood Web Communities, you expressly agree not to tamper with or interrupt the operation, function, and content of this site.
The Content in CuraScript's Neighborhood Web Communities is the property of CuraScript or its licensors. Copyright, trademark, and other intellectual property laws protect the Content, and all rights not expressly granted herein are reserved to CuraScript and its licensors. Special rules regarding the use of certain software may be included elsewhere in CuraScript's Neighborhood Web Communities, and are incorporated herein by reference.
All Content, software, and data collection vehicles employed in CuraScript's Neighborhood Web Communities are protected by both United States and international copyright laws. Except for your personal, non-commercial use, you may not copy, publish, use, display, download, print, or commercially exploit these copyrighted materials. Any other uses of the Content, including, but not limited to, its reproduction, republication, display, use, distribution, transmission, sale, or modification is strictly prohibited. Any copy made of the Content for personal use must include the following copyright notice: "Copyright 2007, CuraScript, Inc. All rights reserved," and any other copyright notices contained therein.
With respect to all ideas, concepts, or techniques that you publish to CuraScript's Neighborhood Web Communities concerning new or improved content, services, or products (" Ideas") or all materials that you upload to any chat area, bulletin board, or e-mail function ("Forum"), you hereby expressly agree to grant CuraScript a non-exclusive, royalty-free, worldwide, perpetual license to commercially use, display, reproduce, republish, transmit, adapt, distribute, create derivative works, or incorporate the Ideas into any form, medium, or technology now known or later developed. You further agree that you shall have no legal recourse against CuraScript for the use or appropriation of any proprietary rights in the Ideas and communications disclosed to CuraScript.
All logos, service names, and other marks of CuraScript used in CuraScript 's Neighborhood Web Communities ("Marks") are protected by the trademark laws of the United States. Any use, reproduction, copying, or redistribution of the Marks, including, but not limited to, the " CuraScript 's Neighborhood Web Communities " and " fertilityneighborhood.com," in connection with third-party products, services, websites, or in any manner that causes confusion, disparages, or discredits CuraScript or its Marks is strictly prohibited. All other third-party marks, names, and brands used in CuraScript 's Neighborhood Web Communities are the property of their respective owners.
RULES FOR COMMUNICATIONS AND FORUMS
CuraScript 's Neighborhood Web Communities contains Forums, such as chat rooms, message boards, auditorium broadcasts, and fertility forums, that may allow you to communicate, chat, or post messages with other members, patients, pharmacists, nutritionists, nurses, physicians, or guest lecturers. Forums are provided for your convenience only. When using these areas, you shall not post, send, transmit, or otherwise publish any materials in any Forum that: (a) interfere with the privacy of others; (b) are offensive, threatening, abusive, or illegal; (c) constitute advertisements or chain letters; (d) violate any person's proprietary rights; (e) misrepresent the origin of the communication or description of facts; (f) solicit requests for charity or signatures for petitions; (g) contain latent or active viruses, worms, Trojan Horses, or any other contaminating or destructive features; (h) threaten the personal safety of others; or (i) seek to collect personal information about others without their consent. It is further prohibited to allow any other person or entity to use your membership identification and password to post or view materials
CuraScript is not responsible for information received or exchanged in Forums in CuraScript 's Neighborhood Web Communities, and does not endorse any information provided by third parties utilizing these Forums. CuraScript reserves the rights to monitor, record, investigate, edit, delete, or take any action it deems necessary with respect to the dialogue and communications in the public Forums in CuraScript 's Neighborhood Web Communities. CuraScript may also take all necessary actions to prohibit you from illegally or improperly using these Forums, including, but not limited to, revoking your access privileges, seeking legal redress, or referring your activities to law enforcement or other governmental agencies. CuraScript assumes no liability or responsibility to users of CuraScript 's Neighborhood Web Communities or any other entity with respect to the actions of you or third parties relating to CuraScript 's Neighborhood Web Communities or any remedial act by CuraScript to prevent, correct, or deter illegal or improper actions, or any failure to act with respect to the same.
WARRANTY AND LIMITATION OF LIABILITY
IN USING CURASCRIPTS NEIGHBORHOOD WEB COMMUNITIES, YOU AGREE THAT THE CONTENT IS PROVIDED "AS IS" AND WITHOUT WARRANTY, EXPRESS OR IMPLIED, AND THAT YOU USE THIS WEBSITE AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, CURASCRIPT DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE. CURASCRIPT DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING THE CORRECTNESS, ACCURACY, RELIABILITY, NON-INFRINGEMENT, OR OTHER CHARACTERISTICS OF THE CONTENT, OR THAT CURASCRIPT'S NEIGHBORHOOD WEB COMMUNITIES WILL SATISFY YOUR REQUIREMENTS.
CURASCRIPT'S NEIGHBORHOOD WEB COMMUNITIES CONTAINS GENERAL HEALTH INFORMATION INTENDED ONLY FOR EDUCATIONAL PURPOSES. IT IS NOT INTENDED FOR DIAGNOSIS OR TREATMENT PURPOSES, AND DOES NOT CONSTITUTE PROFESSIONAL ADVICE. IT SHOULD BE NOTED PARTICULARLY THAT RAPID ADVANCES IN MEDICINE MAY CAUSE CONTENT TO BECOME OUTDATED, INVALID, OR SUBJECT TO DEBATE. USERS ARE ENCOURAGED TO CONFIRM ALL MEDICAL INFORMATION THROUGH INDEPENDENT SOURCES BECAUSE OF CONSTANTLY CHANGING MEDICAL SCIENCE AND THE POSSIBILITY OF HUMAN ERROR. CURASCRIPT ALSO ASSUMES NO RESPONSIBILITY FOR HOW THE CONTENT IS USED.
CURASCRIPT FURTHER DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE OPERATION AND SPONSORSHIP OF CURASCRIPTS NEIGHBORHOOD WEB COMMUNITIES, CONTENT, SERVICES, PRODUCTS, AND MATERIALS OFFERED IN THE NEIGHBORHOOD, TO THE MAXIMUM EXTENT PERMITTED BY LAW. CURASCRIPT IS NOT RESPONSIBLE FOR ANY ERROR, OMISSION, OR RESULT ASSOCIATED WITH CURASCRIPTS NEIGHBORHOOD WEB COMMUNITIES OR ITS CONTENT CURASCRIPT MAKES NO GUARANTEE OR WARRANTY OF ANY KIND WITH RESPECT TO PRODUCTS MANUFACTURED BY INDEPENDENT MANUFACTURERS OR SERVICES PROVIDED BY THIRD PARTIES. CURASCRIPT IS NOT LIABLE FOR ANY DAMAGES, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, OR FEES, FINES, OR PENALTIES ARISING OUT OF OR RELATING IN ANY WAY TO CREATING OR PROVIDING CURASCRIPTS NEIGHBORHOOD WEB COMMUNITIES OR ITS CONTENTS OR IN CONNECTION WITH GOODS, SERVICES, OR INFORMATION OBTAINED IN THE NEIGHBORHOOD.
AS CONTENT AND OTHER INFORMATION WILL BE TRANSMITTED OVER THE INTERNET OR OTHER MEDIUM WHICH IS BEYOND ITS CONTROL, CURASCRIPT DOES NOT WARRANT OR ASSUME ANY LIABILITY RELATING TO THE DELAY, FAILURE, INTERRUPTION, OR CORRUPTION OF DATA ASSOCIATED WITH CURASCRIPTS NEIGHBORHOOD WEB COMMUNITIES OR ITS CONTENT. UNDER NO CIRCUMSTANCES SHALL CURASCRIPT OR ITS LICENSORS BE LIABLE FOR DAMAGES BASED ON ANY WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, RESULTING FROM THE USE OR INABILITY TO USE CURASCRIPTS NEIGHBORHOOD WEB COMMUNITIES OR ANY CONTENT.
You agree to indemnify, defend, and hold harmless CuraScript, and its directors, officers, agents, employees, licensors, and suppliers against all liabilities, claims, causes of action, lawsuits, arbitrations, or other disputes, including attorneys' fees, arising out of or related to: (1) any violation of these Terms and Conditions; (2) any activity related to your membership or account, or (3) any use of CuraScript s Neighborhood Web Communities , including, but not limited to, any infringement of third party intellectual property rights or negligent or wrongful conduct, by you or any other person accessing CuraScript 's Neighborhood Web Communities using your user name or password.
THIRD PARTY LINKS
CuraScript 's Neighborhood Web Communities may contain links to the websites of third parties, such as support groups, educational institutions, and advertisers. These third party website links are provided only for your convenience. CuraScript has not participated in the development of these linked websites, and does not exert any editorial or other control over these websites. Accordingly, CuraScript is not responsible for the contents of any third party website linked through CuraScript 's Neighborhood Web Communities, and does not control or guarantee the content or accuracy of such third party websites. Further, CuraScript does not endorse any linked website or any information, products or services contained in any linked website.
THIRD PARTY INFORMATION
Any reference in CuraScript’s Neighborhood Web Communities to any specific commercial product, brand, process, service, or provider of such product, brand, process, or service, by trade name, trademark, hyperlink, banner or other advertisement, or otherwise, does not constitute or imply any endorsement or recommendation of such except as expressly and unambiguously stated otherwise. Likewise, the names of physicians or other health care providers contained in our data bases are solely for informational purposes and do not imply an endorsement or recommendation. In certain instances, third parties have provided the Content. Any opinions, advice, statements, services, offers, or other information expressed or made available by third parties, including information providers, lecturers, physicians, healthcare providers, users, or others, are those of the respective author(s) or distributor(s) and do not necessarily state or reflect CuraScript's position or views.
JURISDICTION AND APPLICABLE LAWS
CuraScript operates their Neighborhood Web Communities from their offices in Seminole County, Florida. Because the laws of each state or country may differ from Florida law and in light of the fact that CuraScript's Neighborhood Web Communities can be accessed throughout the United States and the world, CuraScript does not claim that it is appropriate or legal to access, use, or download the Content in any particular state, country, venue, or jurisdiction. Accessing CuraScript’s Neighborhood Web Communities from jurisdictions or locations where the Content is illegal is prohibited. Those who access and use CuraScript’s Neighborhood Web Communities do so at their own risk and are solely responsible for complying with the laws of their particular jurisdiction.
By using CuraScript's Neighborhood Web Communities, you agree that these Terms and Conditions, and any dispute arising with respect to CuraScript's Neighborhood Web Communities shall be governed, interpreted, and construed by and in accordance with the laws of the State of Florida, without giving effect to conflict of laws principles. If a court of competent jurisdiction deems any provision in these Terms and Conditions invalid, such invalidity shall not affect the validity of the remaining provisions, which shall remain in full force and effect. In the event of a dispute concerning CuraScript's Neighborhood Web Communities, you expressly agree that any legal action or proceeding shall be brought only in a state court in Seminole County, Florida, or the United States District Court for the Middle District of Florida, which shall have sole and exclusive jurisdiction. You further agree to the exercise of personal jurisdiction of a state court in Seminole County, Florida, and the United States District Court for the Middle District of Florida. Further, CuraScript's Neighborhood Web Communities is intended for the sole purpose of disseminating general information about fertility for public benefit. This service is not intended to constitute the solicitation or performance of business in any jurisdiction by CuraScript or any of its affiliates.
2007 CuraScript, Inc. All rights reserved.