Please read and check the box below if you agree with these terms to complete registration.
Last revised: October 13, 2008
Welcome to The LAM Foundation Community Forum, a web site service (the "Service") offered by The LAM Foundation, a not-for-profit organization ("TLAMF"). Before you begin, please take a minute to ensure that you understand the terms and conditions of our relationship by reading this important information.
TLAMF has agreed to allow only those individuals to access and use the Service who have agreed to the following Terms of Use. If you agree with these Terms of Use, then this agreement will be between you and TLAMF.
These Terms of Use are an agreement between TLAMF and users of the Service section of TLAMF’s web site ("you" or "user"). BY CLICKING ON "I AGREE" BELOW, YOU INDICATE YOUR CONSENT TO BE BOUND BY THE PROVISIONS OF THESE TERMS OF USE. We reserve the right to update or change these Terms of Use at any time and for any reason, however, if we make significant changes to our policies, we will notify registered users by e-mail, post a notice on our home page or alert you to such changes by other similar means. By continuing to use the Service, you agree to be bound by any such revisions and should therefore periodically visit this page of the web site and print the latest version of the Terms of Use for your records. For your information, the date of the last update to these Terms of Use is stated at the top of this document.
In addition to these Terms of Use, you should also read and be aware of the provisions of our Notice of Privacy Practices, which discloses TLAMF's practices regarding the collection and use of your personal information, and other policies that govern other parts of our web site.
TABLE OF CONTENTS:
1. Disclaimer of Medical Liability
2. Legal Notices
3. Intellectual Property
4. Restrictions, Passwords and Termination
5. General Legal Provisions
1. DISCLAIMER OF MEDICAL LIABILITY
GENERAL MEDICAL INFORMATION ONLY:
TLAMF DOES NOT provide individualized medical diagnosis, treatment or advice, nor do we recommend specific therapies or prescribe medication for anyone using our web site. The content of this web site and the Service is for general informational purposes only and is not a substitute for professional medical diagnosis, treatment or advice. NEVER DISREGARD PROFESSIONAL MEDICAL ADVICE, OR DELAY IN SEEKING IT, BECAUSE OF SOMETHING YOU HAVE READ ON THIS WEB SITE OR THE SERVICE.
CONFIRM INFORMATION WITH YOUR PHYSICIAN:
You should confirm any information obtained from the Service with your physician or with other sources.
NOT FOR MEDICAL EMERGENCIES:
If you have a medical emergency, call your physician or 911 immediately. DO NOT USE THE SERVICE FOR MEDICAL EMERGENCIES.
RELY AT YOUR OWN RISK:
Reliance on information provided on the Service is solely at your own risk. You should exercise independent judgment and skepticism before applying any information provided on the Service to your own health needs, or relying on any information in any other way. No one person's medical needs are the same, therefore, information provided may be incorrect or misleading.
2. LEGAL NOTICES
Disclaimers:
ALL INFORMATION, PRODUCTS, MATERIALS, SERVICES AND ADVICE CONTAINED ON OR PROVIDED THROUGH THE SERVICE, INCLUDING ALL TEXT, GRAPHICS, LINKS, ANIMATION, AND "COOKIES," ARE PROVIDED ON AN "AS-IS" BASIS WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, TLAMF DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO: WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUS STRAINS AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE.
TLAMF MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT COMPLIANCE WITH GOVERNMENT REGULATIONS REQUIRING DISCLOSURE OF INFORMATION ON PRESCRIPTION DRUG PRODUCTS WITH REGARD TO THE CONTENT CONTAINED ON THE WEB SITE OR THE SERVICE, OR THE PRODUCTS OR SERVICES HEREIN.
TLAMF MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO ANY TREATMENT, ACTION, OR APPLICATION OF MEDICATION OR PREPARATION BY ANY PERSON FOLLOWING THE INFORMATION OFFERED OR PROVIDED WITHIN OR THROUGH THE SERVICE BY ANY PHYSICIAN SUBSCRIBING TO OR USING THE SERVICE.
TLAMF DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION (INCLUDING, WITHOUT LIMITATION, INFORMATION PROVIDED BY A THIRD PARTY), MATERIALS, SERVICES, AS WELL AS THE ADVICE FROM ANY PHYSICIAN PROVIDED ON THIS WEB SITE ARE ACCURATE, RELIABLE, COMPLETE OR CURRENT. TLAMF HAS NOT REVIEWED THE CREDENTIALS OF ANY PHYSICIAN USING ITS WEB SITE AND MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO ANY PHYSICIAN'S QUALIFICATIONS.
Limitation of Liability:
IN NO EVENT SHALL TLAMF, NOR ANY OF ITS SHAREHOLDERS, AFFILIATES, DIRECTORS, MANAGERS, EMPLOYEES OR OTHER REPRESENTATIVES, BE LIABLE FOR ANY DIRECT DAMAGES IN EXCESS OF $2,000.
IN NO EVENT SHALL TLAMF, NOR ANY OF ITS SHAREHOLDERS, AFFILIATES, DIRECTORS, MANAGERS, EMPLOYEES OR OTHER REPRESENTATIVES, BE LIABLE FOR ANY SPECIAL, PUNITIVE, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO PERSONAL INJURY, WRONGFUL DEATH, LOSS OF USE, LOSS OF PROFITS, INTERRUPTION OF SERVICE OR LOSS OF DATA, WHETHER IN ANY ACTION IN WARRANTY, CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO NEGLIGENCE OR FUNDAMENTAL BREACH), OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF, OR THE INABILITY TO USE, THIS WEB SITE OR ANY SERVICE OFFERED THROUGH THIS WEB SITE OR ANY MATERIAL OR INFORMATION CONTAINED IN, ACCESSED THROUGH OR PRODUCTS PURCHASED ON, THIS WEB SITE, EVEN IF AN AUTHORIZED REPRESENTATIVE OF TLAMF IS ADVISED OF THE LIKELIHOOD OR POSSIBILITY OF THE SAME. IN NO EVENT IS TLAMF LIABLE FOR ANY DAMAGES CAUSED BY YOUR OR ANY THIRD PARTY'S ACTS OR OMISSIONS.
YOU ACKNOWLEDGE AND AGREE THAT PAYMENT BY TLAMF OR RETENTION BY YOU OF DIRECT DAMAGES, AS LIMITED BY THE FOREGOING SENTENCES, IS YOUR SOLE AND EXCLUSIVE REMEDY IN EXHAUSTION OF ALL OTHER REMEDIES UNDER THESE TERMS OF USE, AT LAW OR IN EQUITY, AND THAT SUCH REMEDY IS NOT DEEMED OR ALLEGED BY YOU TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
ANY CLAIMS AGAINST TLAMF ARISING IN CONNECTION WITH YOUR USE OF THIS WEB SITE OR ANY SERVICE, PRODUCT OR INFORMATION OFFERED OR PURCHASED THROUGH THIS WEB SITE MUST BE BROUGHT AGAINST TLAMF WITHIN ONE (1) YEAR OF THE DATE OF THE EVENT GIVING RISE TO SUCH ACTION.
COMMUNICATIONS BETWEEN YOU AND TLAMF WILL BE TRANSMITTED OVER MEDIA (E.G., E-MAIL, FACSIMILE, ETC.) WHICH MAY BE BEYOND THE CONTROL AND JURISDICTION OF TLAMF AND ITS SUPPLIERS. ACCORDINGLY, TLAMF ASSUMES NO LIABILITY FOR OR RELATING TO THE DELAY, FAILURE, INTERRUPTION OR CORRUPTION OF ANY DATA OR OTHER INFORMATION TRANSMITTED IN CONNECTION WITH USE OF THE SERVICE.
Certain Jurisdictions:
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, the above disclaimers and limitations may not apply to you if you reside in such a jurisdiction. You may also have other legal rights that vary from state to state.
3. INTELLECTUAL PROPERTY
Copyrights:
All of the content included on this web site, including text, art, graphics, logos, button icons, images, pictures, audio clips and software ("Content"), is the property of TLAMF, its members, partners or content providers, and is protected by U.S. and international copyright laws. Except as granted in the limited license below, any use of such Content, including modification, transmission, presentation, distribution or republication, is prohibited without the express prior written consent of TLAMF.
Trademarks:
All trademarks, trade names, logos, brand names and service marks ("Marks") of TLAMF, whether registered or unregistered, are the property of TLAMF and are protected by U.S. and international trademark laws. All other Marks appearing on this web site are the property of their respective owners. Except as granted in the limited license below, nothing contained on the web site should be construed as granting any license or right to use any Mark displayed on this web site without the express written permission of TLAMF or such third-party that may own the Mark.
Patents:
All patents and patent applications of TLAMF are the property of TLAMF and are protected by U.S. and international patent laws. Any use of these patented or patentable assets is prohibited without the express prior written consent of TLAMF.
Limited License:
As a user of the web site, TLAMF authorizes you to download the Content, Marks and other materials (collectively the "Materials") on this web site solely for your personal, non-commercial use. If you violate any provision of these Terms of Use, your permission to use such Materials automatically terminates and you must immediately destroy any copies you have made of any portion of such Materials. This web site or any portion thereof may not be reproduced, duplicated, copied, sold, resold, or otherwise exploited for any commercial purpose that is not expressly permitted by TLAMF.
Third Party Licenses:
You agree that you will not upload or transmit any communications or content of any type that infringe or violate any rights of any party.
Infringements:
If you think that any of the information posted to this web site infringes a copyright, trademark, patent or other right of another party, please contact a TLAMF at pyoder@thelamfoundation.org or 1.888.CURE.LAM.
4. RESTRICTIONS/PASSWORDS AND TERMINATION
Restrictions on Use:
As a condition to your use of the Service you agree that you will not: (i) use the Service in order to invade the privacy of, obtain the identity of, or obtain any personal information about any other user of the Service; (ii) modify, erase or damage any information contained on the computer of any user connected to the Service; (iii) reverse engineer any portion of the TLAMF.com web site or Service; or (iv) use the web site or Materials in any manner that is inconsistent with the limited license granted herein.
Passwords:
As a user of the Service, you will select a user password in order to access the web site. You are solely responsible for maintaining the confidentiality of your password and agree not to share or give your password to anyone else. You agree to immediately notify TLAMF if you become aware of any loss, theft or unauthorized use of your password. You may contact us at pyoder@thelamfoundation.org or 1.888.CURE.LAM.
Termination:
TLAMF reserves the right to refuse access to the web site and to terminate your use of the web site if TLAMF believes that your conduct violates any applicable law or is harmful to the interests of TLAMF, its members, partners or suppliers, or other users, or for any other reason in TLAMF's sole discretion, with or without cause.
5. GENERAL LEGAL PROVISIONS
Third Party Links:
The Service may include links to third party web sites which may include opinions, information or recommendations of various individuals, organizations or companies. In providing such links, TLAMF does not represent to you that it has investigated the content of such third party web sites. You understand and agree that TLAMF does not warrant or guarantee the accuracy of any content included on third party web sites nor does it endorse, credential or accredit any opinions, recommendations or information included on such third-party web sites. Your use of third-party web sites is at your own risk and subject to the terms and conditions of use for such web sites.
Governing Law and Jurisdiction:
These Terms of Use are governed by Ohio law for all purposes, including web site use and product purchases, without giving effect to any principles of conflicts of laws. You hereby consent to the jurisdiction and venue of the courts of Ohio.
Export Laws:
The U.S. export control laws regulate the export and re-export of technology originating in the United States. This includes the electronic transmission of information and software to foreign countries and to certain foreign nationals. You agree to abide by these laws and their regulations, including but not limited to the Export Administration Act and the Arms Export Control Act, and not to transfer, by electronic transmission or otherwise, any materials or information derived from the web site to either a foreign national or a foreign destination in violation of such laws.
International Laws:
TLAMF is based in the State of Ohio in the United States of America. TLAMF makes no claims that the Content of the Service is appropriate or may be downloaded outside of the United States. Access to the Content may not be legal by certain persons or in certain countries. If you access the Service from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.
Indemnification:
You agree to indemnify, defend and hold harmless TLAMF, its shareholders, affiliates, directors, managers, employees or other representatives 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 these Terms of Use or any activity related to your use of this web site by you or any other person accessing the Service using your password.
Entire Agreement:
Except as expressly provided in the other policies on the web site, these Terms of Use constitute the entire agreement between you and TLAMF with respect to the use of the web site and Service. TLAMF reserves the right to update or change these Terms of Use at any time and for any reason by updating these Terms of Use. By using the Service you agree to be bound by any such revisions and should therefore periodically visit this page of the web site. If you have any concerns or questions regarding such revisions, please contact us at pyoder@thelamfoundation.org. For your information, the date of the last update to these Terms of Use is listed at the top of this document. Your use of the web site is also subject to the TLAMF Notice of Privacy Practices You also may be subject to additional terms and conditions that may apply when you use certain portions of the web site.
Waiver:
Our failure to exercise or enforce any right or provision of the Terms of Use does not constitute a waiver of such right or provision. No waiver of any of these Terms of Use shall be deemed a further or continuing waiver of such term or condition or any other term or condition.
Severability:
If any provision of the Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms of Use remain in full force and effect.
Modification:
Neither the course of conduct between the parties nor trade practice shall act to modify any provision of these Terms of Use.
Assignment:
TLAMF may assign its rights and duties under this Agreement to any party at any time without notice to you and/or your approval.
Notices:
Questions or comments regarding this web site should be directed by e-mail to pyoder@thelamfoundation.org, by telephone at 1.888.CURE.LAM or via U.S. mail to The LAM Foundation, 4015 Executive Park Drive, Suite 320, Cincinnati, Ohio 45241.
Acknowledgement:
You acknowledge that the provisions, disclosures and disclaimers set forth in this Terms of Use are fair and reasonable and your agreement to follow and be bound by them is not the result of fraud, duress or undue influence exercised upon you by any person or entity. Notwithstanding any provisions of this Terms of Use, TLAMF has available all remedies at law or equity to enforce this Terms of Use. There are no representations, promises, warranties or undertakings by TLAMF contrary to those set forth above.
By clicking on "I AGREE" you indicate your assent to be bound by these Terms of Use. I understand that I am entering into a contract online and clicking "I AGREE" below is the equivalent of signing my name to a document.
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