USER
AGREEMENT
AfraidToAsk.com
is an Internet-based online information and communication service. By accessing
or using AfraidToAsk.com, you agree to be bound by the terms and conditions
of this agreement. IF YOU DO NOT WISH TO BE BOUND BY
THIS AGREEMENT, YOU MAY NOT ACCESS OR USE AFRAIDTOASK.COM.
AFRAIDTOASK.COM
MAY MODIFY THIS AGREEMENT AT ANY TIME, AND SUCH MODIFICATION SHALL BE EFFECTIVE
IMMEDIATELY UPON EITHER POSTING OF THE MODIFIED AGREEMENT OR NOTIFYING YOU.
YOU
AGREE TO REVIEW THIS AGREEMENT PERIODICALLY TO ENSURE THAT YOU ARE AWARE OF
ANY MODIFICATIONS.
YOUR CONTINUED ACCESS OR USE OF AFRAIDTOASK.COM SHALL BE DEEMED YOUR CONCLUSIVE
ACCEPTANCE OF THE MODIFIED AGREEMENT.
1.
DISCLAIMER
The
information contained in AfraidToAsk.com is presented for the purpose of educating
consumers on wellness and disease management topics. Nothing
contained in AfraidToAsk.com is intended to be instructional for medical diagnosis
or treatment. Please
refer to our medical disclaimer for
more information.
The information on AfraidToAsk.com should not be considered complete, nor should
it be relied on to suggest a course of treatment for a particular individual.
It should not be used in place of a visit, call, consultation or the advice
of your physician or other qualified health care provider. Information obtained
in AfraidToAsk.com is not exhaustive and does not cover all diseases, ailments,
physical conditions or their treatment. Should you have any health care related
questions, please call or see your physician or other qualified health care
provider promptly. Always consult with your physician or other qualified health
care provider before embarking on a new treatment, diet or fitness program.
You should never disregard medical advice or delay in seeking it because of
something you have read in AfraidToAsk.com.
The
information contained in AfraidToAsk.com is compiled from a variety of sources
("Information Providers"). Neither AfraidToAsk.com nor Information
Providers directly or indirectly practice medicine or dispense medical services
as part of AfraidToAsk.com.
AfraidToAsk.com
SERVICES AND AFRAIDTOASK.COM SOFTWARE AND INFORMATION ACCESSED Through AfraidToAsk.com
(the "SERVICES") ARE provided "AS IS" without warranty,
express or implied. AfraidToAsk.com hereby excludes all implied warranties of
merchantability and fitness for a particular use or purpose with respect to
the SERVICES. There are no warranties which extend beyond the description on
the face OF THIS AGREEMENT. AfraidToAsk.com and Information Providers make no
warranty as to the reliability, accuracy, timeliness, usefulness, adequacy,
completeness or suitability of the Services. AfraidToAsk.com and Information
Providers cannot and do not warrant against human and machine errors, omissions,
delays, interruptions or losses, including loss of data. AfraidToAsk.com and
Information Providers cannot and do not guarantee or warrant that files available
for downloading from this online site will be free of infection by viruses,
worms, Trojan horses or other code that manifest contaminating or destructive
properties. AfraidToAsk.com and Information Providers do not warrant or guarantee
that the functions or Services performed in AfraidToAsk.com will be uninterrupted
or error-free or that defects in AfraidToAsk.com will be corrected. Users of
AfraidToAsk.com are responsible for (1) implementing and maintaining adequate
procedures and checkpoints to satisfy their particular requirements for accuracy
of data input and output and (2) maintaining a means external to AfraidToAsk.com
for the reconstruction of any lost data.
2.
OTHER SITES
You
are encouraged to use discretion while browsing the Internet on searches initiated
at AfraidToAsk.com. AfraidToAsk.com links may lead unintentionally to sites
containing information that some people may find inappropriate or offensive.
It may also lead to sites which contain inaccurate information, false or misleading
advertising, or information which violates copyright, libel or defamation laws.
AfraidToAsk.com and Information Providers make no representations concerning
any effort to review all of the content of sites listed in its catalog (indeed,
given the number of results from any browsing which starts with a AfraidToAsk.com
link that would be practically impossible).
3.
REVIEW OF POSTINGS & UPLOADS
AfraidToAsk.com
does not and cannot review all communications and materials posted or uploaded
to AfraidToAsk.com and is not responsible for the content of these communications
and materials. However, AfraidToAsk.com reserves the right to block or remove
communications or materials that it determines, in its sole discretion, to be
(a) abusive, libelous, defamatory or obscene, (b) fraudulent, deceptive, or
misleading, (c) in violation of a copyright or trademark, other intellectual
property right of another or (d) offensive or otherwise unacceptable to AfraidToAsk.com.
ANY MESSAGES, ADVICE, OPINIONS OR OTHER INFORMATION CONTAINED IN ANY DISCUSSION
AREA SHOULD NOT BE CONSTRUED AS PROFESSIONAL ADVICE OR INSTRUCTION.
4.
LIMITED LICENSE
By
this Agreement, AfraidToAsk.com grants, subject to the terms of this Agreement,
only a limited, non-transferable and non-exclusive license to use the software
and documentation necessary to access, explore and otherwise use AfraidToAsk.com
in real time and to use the materials in AfraidToAsk.com in a manner consistent
with paragraph 11 (Copyright) below.
5.
USER’S AGREEMENT
You
agree to: (a) maintain all equipment required for your access to and use of
AfraidToAsk.com ; (b) maintain the security of your user identification, password
and other confidential information relating to your AfraidToAsk.com account;
and (c) be responsible for all charges resulting from use of your AfraidToAsk.com
account, including unauthorized use prior to your notifying AfraidToAsk.com
of such use and taking steps to prevent its further occurrence by changing your
password.
6.
ON-LINE COMMUNICATIONS
6.01
Your participation in on-line communications occurs in real time and is not
edited, censored, or otherwise controlled by AfraidToAsk.com. AfraidToAsk.com
cannot and does not screen content provided by you to AfraidToAsk.com . Notwithstanding
the foregoing, AfraidToAsk.com reserves the right to monitor content on AfraidToAsk.com
and to remove content, which AfraidToAsk.com, in its sole discretion, determines
to be harmful, offensive, or otherwise in violation of this Agreement or AfraidToAsk.com’s
operating policies for users of AfraidToAsk.com ("Users").
6.02
You may send and receive electronic mail ("email"), engage in conferences
and chats, download and upload files and otherwise use AfraidToAsk.com as permitted
by this Agreement, AfraidToAsk.com’s operating policies and applicable
law. Files that you upload, public messages that you send and your activity
in conferences and chats are subject to review, modification and deletion without
notice by the forum manager responsible for the AfraidToAsk.com area where your
uploading or other activity takes place (or by an individual designated by such
forum manager for such purpose). AfraidToAsk.com’s operating policies relating
to online conduct, storage and deletion of email and uploaded files, conferences,
bulletin boards ("BBSs") and other matters are available and/or will
be made available online. AfraidToAsk.com reserves the right in its sole discretion
to change such policies at any time. Files uploaded to a BBS may be subject
to posted limitations on usage, reproduction and/or dissemination, and you are
responsible for adhering to such limitations if you download them.
6.03
You are responsible for your communications and your use of AfraidToAsk.com.
You may not, under any circumstances, do any of the following: (a) use simultaneous,
unattended or continuous connections to AfraidToAsk.com with one account; (b) post
or transmit any message which is libelous or defamatory; (c) post or transmit
any message, data, image or program which is indecent, obscene or pornographic;
(d) post or transmit any message, data, image or program that would violate
the property rights of others, including unauthorized copyrighted text, images
or programs, trade secrets or other confidential proprietary information, and
trademarks or service marks used in an infringing fashion; (e) use AfraidToAsk.com
to threaten, harass, stalk, abuse, or otherwise violate the legal rights (including
rights of privacy and publicity) of others; (f) intercept or attempt to intercept
email or other private communications not intended for you; (g) send email to
Users or other Internet users for any purpose other than personal communication,
including to advertise or offer to unsolicited sell goods or services to other
Users, use as a mass unsolicited distribution medium to communicate a generally
unsolicited message, or use your email account as an address to which Users
or other Internet users need to respond (except as otherwise expressly permitted
by AfraidToAsk.com); (h) send unsolicited email messages through third-party
mail servers in order to relay your email or hide the origination of your email
to others; (i) upload or download files that contain software or other material
protected by intellectual property laws, rights of privacy or publicity, or
any other applicable law unless you own or control the rights to such files
or have received all necessary consents; (j) upload files that contain a virus
or corrupted data; (k) delete any author attributions, legal notices or proprietary
designations or labels in a file that you upload to a BBS or AfraidToAsk.com;
(l) falsify the source or origin of software or other material contained in
a file that you upload to a BBS or AfraidToAsk.com; (m) use AfraidToAsk.com
in a manner that adversely affects the availability of its resources to other
Users; (n) use, download or otherwise copy, or provide (whether or not for a
fee) to a person or entity that is not a subscriber to AfraidToAsk.com the User
directory or any portion thereof other than for personal, noncommercial purposes
(except as otherwise expressly permitted by Empower Health Corporation); (o)
falsely purport to be an employee or agent of AfraidToAsk.com (p) cause repeated
disruptive incidents; or (q) act, or fail to act, in your use of AfraidToAsk.com,
in a manner that is contrary to applicable law or regulation. In addition, you
may not post or transmit any message which is harmful, threatening, abusive
or hateful. It is not the intent of AfraidToAsk.com to discourage Users from
taking controversial positions or expressing vigorously what may be unpopular
views in AfraidToAsk.com, nonetheless, AfraidToAsk.com reserves the right to
take such action as it deems appropriate in cases where AfraidToAsk.com is used
to disseminate statements which are deeply and widely offensive and/or harmful.
Each time you upload a file on AfraidToAsk.com, you represent and
warrant that you own or otherwise control the rights or have the necessary consents
to do so, and you grant every other User the right to download and use such
file. Your failure to observe any of the foregoing limitations or obligations
may result in civil or criminal liability.
7.
PRIVACY POLICY
AfraidToAsk.com
considers its users' privacy to be of the utmost importance. Please see our
privacy statement for a detailed description
of our information gathering and dissemination practices for the AfraidToAsk.com
Web site.
8.
OPERATION
AfraidToAsk.com
reserves complete and sole discretion with respect to the operation of AfraidToAsk.com's
Community. AfraidToAsk.com may, among other things: (a) delete email if
it has not been accessed by a User within the time established by AfraidToAsk.com's
policies; (b) subject to Section 6, make available to third parties information
relating to AfraidToAsk.com and Users; and (c) withdraw, suspend or discontinue
any functionality or feature of AfraidToAsk.com.
AfraidToAsk.com
may, in its complete and sole discretion, review uploaded files, conferences,
BBSs, forums, and chats and authorize restrictions on access thereto. AfraidToAsk.com
will not review the contents of email except as required or allowed by applicable
law or legal process.
9.
USER REPRESENTATIONS
You
represent and warrant that you are at least 18 years of age and that you possess
the legal right and ability to enter into this Agreement and to use AfraidToAsk.com
in accordance with this Agreement. You agree to be financially responsible for
your use of AfraidToAsk.com (as well as for use of your account by others, including
minors living with you) and to comply with your responsibilities and obligations
as stated in this Agreement.
10.
CONTENT
Statements
made in websites, newsgroups, message boards, email, forums, conferences and
chats reflect only the views of their authors, and even then may not be accurate.
Forum managers, forum hosts, CPs, or Merchants appearing on AfraidToAsk.com
are not authorized AfraidToAsk.com spokespersons, and their views do not necessarily
reflect those of AfraidToAsk.com. Please refer to our medical
disclaimer for more information.
11.
COPYRIGHT
The
entire contents of AfraidToAsk.com are copyrighted as a collective
work under the laws of United States and other copyright laws. AfraidToAsk.com
holds the copyright in the collective work. The collective work includes works
which are the property of the Information Providers which are also protected
by copyright and other intellectual property laws. You may display and, subject
to any expressly stated restrictions or limitations relating to specific material,
download portions of the material from the different areas of AfraidToAsk.com
solely
for your own non-commercial use, unless otherwise permitted (e.g., in the case
of electronic coupons, etc). Any redistribution retransmission or publication
of any copyrighted material is strictly prohibited without the express written
consent of the copyright owner. You agree not to change or delete any proprietary
notices from materials downloaded from AfraidToAsk.com.
12.
LICENSES AND IDEA SUBMISSIONS
You
agree to grant to AfraidToAsk.com a non-exclusive, worldwide, royalty-free,
perpetual license, with the right to sublicense, to reproduce, distribute, transmit,
create derivative works of, publicly display and publicly perform any materials
and other information (including, without limitation, ideas contained therein
for new or improved products or services) you submit to public areas of AfraidToAsk.com
(such as BBSs, forums and chat rooms) by all means and in any media now known
or hereafter developed. You hereby waive your moral rights in any such materials
and information, and you hereby warrant that any such materials and information
are original with you, or that you have the right to submit such materials and
information. You agree that you shall have no recourse against AfraidToAsk.com
for any alleged or actual infringement or misappropriation of any proprietary
right in your communication to us.
13.
INDEMNIFICATION
YOU
AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS AfraidToAsk.com, ITS OFFICERS,
DIRECTORS, EMPLOYEES, AGENTS, INFORMATION PROVIDERS AND SUPPLIERS FROM AND AGAINST
ALL LOSSES, EXPENSES, DAMAGES AND COSTS, INCLUDING REASONABLE ATTORNEY’S
FEES, RESULTING FROM ANY VIOLATION OF THIS AGREEMENT OR ANY ACTIVITY RELATED
TO YOUR ACCOUNT (INCLUDING INFRINGEMENT OF THIRD PARTIES’ WORLDWIDE INTELLECTUAL
PROPERTY RIGHTS OR NEGLIGENT OR WRONGFUL CONDUCT) BY YOU OR ANY OTHER PERSON
ACCESSING AfraidToAsk.com USING YOUR SERVICE ACCOUNT.
14.
WAIVER, RELEASE AND LIMITATION OF LIABILITY
YOU
AGREE THAT NEITHER AfraidToAsk.com, NOR ITS OFFICERS, DIRECTORS, EMPLOYEES,
AGENTS, INFORMATION PROVIDERS OR SUPPLIERS SHALL HAVE ANY LIABILITY TO YOU UNDER
ANY THEORY OF LIABILITY OR INDEMNITY IN CONNECTION WITH YOUR USE OF AfraidToAsk.com.
YOU HEREBY RELEASE AND FOREVER WAIVE ANY AND ALL CLAIMS YOU MAY HAVE AGAINST
AfraidToAsk.com, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, INFORMATION PROVIDERS
OR SUPPLIERS (INCLUDING BUT NOT LIMITED TO CLAIMS BASED UPON THE NEGLIGENCE
OF EMPOWER HEALTH CORPORATION, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, INFORMATION
PROVIDERS OR SUPPLIERS) FOR LOSSES OR DAMAGES YOU SUSTAIN IN CONNECTION WITH
YOUR USE OF AfraidToAsk.com.
NOTWITHSTANDING
THE FOREGOING PARAGRAPH, THE TOTAL LIABILITY OF AfraidToAsk.com, ITS OFFICERS,
DIRECTORS, EMPLOYEES, AGENTS, INFORMATION PROVIDERS AND SUPPLIERS, IF ANY, FOR
LOSSES OR DAMAGES SHALL NOT EXCEED THE FEES PAID BY THE USER FOR THE PARTICULAR
INFORMATION OR SERVICE PROVIDED. IN NO EVENT SHALL EMPOWER HEALTH CORPORATION,
ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, INFORMATION PROVIDERS OR SUPPLIERS
BE LIABLE TO YOU FOR ANY LOSSES OR DAMAGES OTHER THAN THE AMOUNT REFERRED TO
ABOVE. ALL OTHER DAMAGES, DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL
OR PUNITIVE ARISING FROM ANY USE OF THE INFORMATION OR OTHER PARTS OF AfraidToAsk.com's
Community ARE HEREBY EXCLUDED EVEN IF AfraidToAsk.com ITS OFFICERS, DIRECTORS,
EMPLOYEES, AGENTS, INFORMATION PROVIDERS OR SUPPLIERS HAVE BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES.
15.
THIRD PARTY RIGHTS
The
provisions of paragraphs 14 (Indemnification) and 15 (Waiver, Release and Limitation
of Liability) are for the benefit of AfraidToAsk.com and its officers, directors,
employees, agents, licensors, suppliers, and Information Providers. Each of
these individuals or entities shall have the right to assert and enforce those
provisions directly against you on its own behalf.
16.
TERM; TERMINATION
Either
you or AfraidToAsk.com may terminate your right to use AfraidToAsk.com at any
time, with or without cause, upon notice. AfraidToAsk.com also reserves the
right to terminate or suspend your AfraidToAsk.com membership without prior
notice, but AfraidToAsk.com will confirm such termination or suspension by subsequent
notice. The provisions of paragraphs 11 (Copyright), 12 (License, and Idea
Submission), 13 (Indemnification), 14 (Waiver, Release and Limitation of
Liability), 15 (Third Party Rights), 17 (Miscellaneous), and 20 (Total Legal
Bullshit Provision) shall survive any termination of this Agreement.
17.
MISCELLANEOUS
This
Agreement shall be governed by and construed in accordance with the laws of
the State of Rhode Island. You agree that any legal action or proceeding between
AfraidToAsk.com and you for any purpose concerning this Agreement or the parties’
obligations hereunder shall be brought exclusively in a court of competent jurisdiction
sitting in Washington County, Rhode Island, United States. Any cause of action
or claim you may have with respect to AfraidToAsk.com must be commenced within
one (1) year after the claim or cause of action arises. AfraidToAsk.com’s
failure to insist upon or enforce strict performance of any provision of this
Agreement shall not be construed as a waiver of any provision or right. Neither
the course of conduct between the parties nor trade practice shall act to modify
any provision of this Agreement. AfraidToAsk.com may assign its rights and duties
under this Agreement to any party at any time without notice to you.
18.
NOTICE
AfraidToAsk.com
may deliver notice to you under this Agreement by means of electronic mail,
a general notice on AfraidToAsk.com , or by written communication delivered
by first class U. S. mail to your address on record in AfraidToAsk.com’s
account information. In addition, as noted above, we may modify this agreement
from time to time. Posting of these modifications on this page will suffice
to notify you, and by using this site, you agree that you will review this site
regularly for updated information. You may give notice to AfraidToAsk.com at
any time via electronic mail to AfraidToAsk.com or by letter delivered by first
class postage prepaid U. S. mail or overnight courier to the following address:
AfraidToAsk.com
PO
Box 322
Saunderstown , RI 02874
Attn:
Chief Executive Officer/President
Electronic
Mail: feedback@AfraidToAsk.com
19.
SEVERABILITY
The
provisions of this Agreement are severable, and in the event any provision hereof
is determined to be invalid or unenforceable, such invalidity or unenforceability
shall not in any way affect the validity or enforceability of the remaining
provisions hereof.
20.
TOTAL LEGAL BULLSHIT PROVISION
We
realize that the provisions of this Agreement are essentially legal bullshit
and apologize for placing this crap on our website. All of the above could be
stated MORE clearly and with far fewer attorney fees using the following statements:
USE COMMON SENSE WHEN VIEWING THIS AND OTHER INTERNET INFORMATION AS WE ARE
OBVIOUSLY NOT RESPONSIBLE FOR YOUR LIFE AND DECISIONS. TAKE THIS WEBSITE'S INFORMATION
(AND ALL INFORMATION YOU ACQUIRE) WITH A "GRAIN OF SALT" AND CONFIRM
IMPORTANT INFO WITH OTHER SOURCES. USE COMMON SENSE WHEN GETTING INFORMATION
FROM THE INTERNET, LIBRARY, ENCYCLOPEDIA, PERSONAL DOCTOR, OR ANYBODY ELSE.
WEAR SUNSCREEN, USE SEATBELTS & CONDOMS WHEN APPROPRIATE, AND PROTECT YOUR
EYES WHEN USING POWER TOOLS.
