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IC Network : Disclaimer & Terms
of Use
Disclaimer & Terms of
Use
PLEASE READ
THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE.
ANY
USE OF THIS SITE CONSTITUTES YOUR AGREEMENT TO THE TERMS OF USE.
The Interstitial
Cystitis Network ("IC Network" "ICN"), a division of J.H. Osborne, Inc.,
provides complimentary Internet-based communications and information services
to the consumer. By using this site, you signify your agreement to these
Terms and Conditions of use. You must agree to these Terms and Conditions
in order to use the IC Network web site. Please read this document carefully.
If you do not agree to all of the Terms and Conditions of this agreement,
do not use this site!
IC Network
may revise and update these Terms and Conditions at anytime. Please periodically
review the Terms and Conditions posted at the IC Network Website because
your continued usage of the IC Network website ("IC Network Site," or
the "Site,") will mean you accept those changes.
Section
1. General Disclaimer - No Medical Advice
Section 2. IC Network's Position on Your Privacy.
Section
3. Use of Content; Copyright.
Section 4. Company's Liability; Disclaimer of Consequential
Damages.
Section 5. User Submissions.
Section 6. Use of Interactive Areas.
Section 7. Links to Other Sites.
Section 8. Advertisements.
Section 9. Indemnity
Section 10. Export Control.
Section 11. General & Jurisdiction.
Section 12. Complete Agreement.
Section
1. General Disclaimer; No Medical Advice.
The IC Network
consists of several web sites, including:
http://www.ic-network.com
http://www.canadaic.com
http://www.icnaustralia.com
http://www.interstitialcystitis.info
http://www.pelvicpain.info
http://www.bladdernetwork.com
We use the
term "site" to encompass all related web sites.
THE CONTENT
ON THE IC NETWORK SITES IS PRESENTED IN SUMMARY FORM, IS GENERAL IN NATURE,
AND IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY. THE CONTENT IS NOT INTENDED
IN ANY WAY TO BE A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE. ALWAYS
SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTH PROVIDER WITH
ANY QUESTIONS YOU MAY HAVE REGARDING A MEDICAL CONDITION. NEITHER THE
CONTENT NOR ANY OTHER SERVICE OFFERED BY OR THROUGH IC NETWORK OR THE
IC NETWORK SITE IS INTENDED TO BE RELIED ON FOR MEDICAL DIAGNOSIS OR TREATMENT.
NEVER DISREGARD MEDICAL ADVICE OR DELAY IN SEEKING IT BECAUSE OF SOMETHING
YOU HAVE READ ON THE IC NETWORK SITE!
IC Network
does not recommend or endorse any specific test, products, or procedures
that may be mentioned on the site. Any opinions expressed on the Site
are the opinions of the authors or users. IC Network does not assume any
liability for the contents of any material provided on the Site. Reliance
on any information provided by IC Network or other visitors to the Site
is solely at your own risk. IC Network assumes no liability or responsibility
for damage or injury to persons or property arising from any use of any
product, information, idea, or instruction contained in the materials
provided to you. IC Network reserves the right to change or discontinue
at any time any aspect or feature of this Site.
You understand
further that the Internet contains unedited materials some of which are
sexually explicit. You access this material at your own risk. IC Network,
its staff, volunteers and its suppliers have no control over and accept
no responsibility whatsoever for such materials.
Section 2. IC Network's Position
on Your Privacy.
This statement discloses the privacy policies of the Interstitial Cystitis
Network web site. Questions about this statement should be directed to
jill@ic-network.com. Please be
aware that the ICN contains links to other web sites. The ICN is not responsible
for the privacy practices or content of such web sites.
Children's
Online Privacy Protection Act (COPPA): The IC Network is NOT intended
for the use of children under the age of 13. Our materials are academic
in nature and written for young adults, adults and senior citizens with
a minimum high school education who are struggling with bladder disease.
Parents of children with IC are certainly welcome.
a. Medical
Web Site Standards.
b. Information
We Gather or Track
- Your computer
communicates with our servers via an IP address (Internet Protocol)
which tells us your internet service provider.
- Our automaticed
"announcement only" mailing list and Message Board System collects only
the country, age and sex of those who sign up for use as we develop
new resources for our website.
- Voluntary
IC surveys may ask for information related to your experience and symptoms
of IC. To ensure your privacy, we will not ask for any names or email
addresses of those who participate. We will assign a random number or
designator to identify specific survey results. Survey results will
be assessed by ICN staff and published via our web site.
- The ICN
uses cookies in our message board system to store password information
on our user's browsers.
- ICN Subscribers
and/or customers do submit their name, address and occasional credit
card information for shipping and invoicing purposes. This information
is kept in the ICN offices in California and will not be sold or distributed
for profit.
c. Voluntary
Disclosure of Personally Identifiable Information on Message Boards, Chat
Rooms (ICN Conference Center)
- The ICN
Message Boards and Chat Rooms are open to IC patients and providers.
Any information that you voluntarily disclose (such as your email
address or name) is accessible to any who read the boards. On occasion,
individuals and companies may attempt to sell products, services or
books on our site. These posts violate our web site Use
Guidelines and will be deleted. However, we can not prevent solicitations
by e-mail done beyond our control. If you receive a solicitation, please
know that this is done without our permission and is a direct violation
of our use guidelines.
- Any communication
which you post on the IC Network web site (message boards, chat rooms,
guest book), by fax or email to ICN offices is considered to be non-confidential.
We do not engage in confidential discussions with patients about their
medical care.
d. What We
Do with Collected Information.
- Collected
information is only accessible by senior ICN staff.
- We use
mailing list & message board information to create plan and develop
new features for our web site.
- We will
use your email information to provide you with newsletters/service updates
from our site.
- Our e-mail
list and subscriber/customer lists will not be sold or otherwise transferred
to unaffiliated third parties without the Subscriber's or User's prior
consent.
e. Choosing
to Opt Out of Information Collection
- You can
opt out of ICN mailings by following the unsubscribe link placed at
the bottom of every email list.
- If you
are having trouble unsubscribing, please contact jill@ic-network.com
f. IP Address
Policies
- The IC
Network has access to the Internet Protocol (IP) address of your computer
when you visit our web site and use our message boards. The IC Network
makes no attempt to trace IP addresses UNLESS, in the sole judgement
of ICN staff or volunteers,
- an
individual is exhibiting suicidal behavior for which ICN staff will
try to locate the appropriate medical or law enforcement officials,
and
- an
individual attempts to disrupt the activities of the ICN message
boards, as discussed in section 6 of the ICN Disclaimer.
This IP address and any identifiable information provided in the
message (such as a name, or email address) will be logged and then
provided to the appropriate ISP and/or legal representatives for
an investigation of that users conduct. An example of a referral
is the AOL Terms of Service Staff.
g. Deleting
or Deactivating Your Name It is not feasible to delete all traces
of a Subscriber's or User's activity in our message board system. However,
we do offer you the opportunity to delete your email address-the only
individually identifiable piece of information about your account - You
can do this via the "profile" link at the top of the message
board. However, if you do remove your email address, you may not be notified
of important changes to the system.
Section 3. Use of Content; Copyright.
Upon acceptance
of these Terms and Conditions, IC Network authorizes you to view or download
a single copy of the material on this website solely for your personal,
noncommercial use.
The contents
of the IC Network Site, such as text, graphics, images and other material
including software licensed by IC Network to permit Users to access the
IC Network Site ("Content"), are protected by copyright under both United
States and foreign laws, and title to the Content shall not pass to you
or any other User. Unauthorized use of the Content may violate copyright,
trademark, and other laws. None of the Content may be reverse-engineered,
disassembled, decompiled, reproduced, transcribed, stored in a retrieval
system, translated into any language or computer language, re-transmitted
in any form or by any means (electronic, mechanical, photoreproduction,
recordation or otherwise), resold or redistributed without the prior written
consent of IC Network, except that you may reproduce limited excerpts
of the data for personal use only, provided that each such copy contains
a copyright notice as follows:
Copyright
© 1997- 2002, IC Network. All rights reserved.
Content is subject to change without notice at the editorial discretion
of IC Network. If you violate any of these Terms and Conditions, your
permission to use the Content automatically terminates and you must immediately
destroy any copies you have made of any portion of the Content.
Section 4. Company's Liability; Disclaimer of Consequential
Damages.
The Content comes from sources believed to be accurate, but may contain
inaccuracies or typographical errors. IC Network makes no representations
about the results to be obtained from using the IC Network Site or the
Content. The use of the IC Network Site and the Content is at your own
risk.
YOU ACKNOWLEDGE THAT IN CONNECTION WITH THE IC NETWORK SITES, INFORMATION
WILL BE TRANSMITTED OVER LOCAL EXCHANGE, INTEREXCHANGE AND INTERNET BACKBONE
CARRIER LINES AND THROUGH ROUTERS, SWITCHES AND OTHER DEVICES OWNED, MAINTAINED
AND SERVICED BY THIRD PARTY LOCAL EXCHANGE AND LONG DISTANCE CARRIERS,
UTILITIES, INTERNET SERVICE PROVIDERS AND OTHERS, ALL OF WHICH ARE BEYOND
THE CONTROL AND JURISDICTION OF IC NETWORK AND ITS SUPPLIERS. ACCORDINGLY,
IC NETWORK 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 IC NETWORK Site.
THE IC NETWORK SITES AND THE CONTENT ARE PROVIDED ON AN "AS IS"
BASIS WITHOUT ANY WARRANTIES OF ANY KIND. IC NETWORK, ITS STAFF, VOLUNTEERS
AND SUPPLIERS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES,
EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED
TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD
PARTIES' RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE.
IC
NETWORK, ITS LICENSORS, AND ITS SUPPLIERS MAKE NO REPRESENTATIONS OR WARRANTIES
ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, CURRENTNESS OR TIMELINESS
OF THE CONTENT, SOFTWARE, TEXT, GRAPHICS, LINKS, OR COMMUNICATIONS PROVIDED
ON OR THROUGH THE USE OF THE IC NETWORK SITE OR IC NETWORK. IC NETWORK,
ITS STAFF, VOLUNTEERS AND SUPPLIERS DO NOT MAKE ANY WARRANTY THAT THE
CONTENT CONTAINED ON THE IC NETWORK SITE SATISFIES GOVERNMENT REGULATIONS
REQUIRING DISCLOSURE OF INFORMATION ON PRESCRIPTION DRUG PRODUCTS.
IN NO EVENT
SHALL IC NETWORK, ITS STAFF, VOLUNTEERS AND SUPPLIERS MENTIONED AT THE
IC NETWORK SITE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT
LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES
RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE
USE OR INABILITY TO USE THE IC NETWORK SITE OR THE CONTENT WHETHER BASED
ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY, AND WHETHER OR
NOT IC NETWORK IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
A USERS SOLE
AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE IC-NETWORK IS TO STOP
USING THE IC-NETWORK WEB SITE, CHAT ROOMS, MESSAGE BOARDS AND ANY OTHER
ICN ACTIVITIES.
Section 5. User Submissions.
Except as described herein, any communication which you post on the IC
Network Site, fax or email is considered to be non-confidential. You agree
that you will not upload or transmit any communications that infringe
any patent, trademark, trade secret, copyright or other proprietary rights
of any party. By submitting communications to any part of this Site, you
automatically grant -- or warrant that the owner of such content has expressly
granted --IC Network a royalty-free, perpetual, irrevocable, world-wide
nonexclusive license to use, reproduce, create derivative works from,
modify, publish, edit, translate, distribute, perform, and display the
communication alone or as part of other works in any form, media, or technology
whether now known or hereafter developed, and to sublicense such rights
through multiple tiers of sublicenses.
Section 6. Use of Interactive Areas.
IC Network may provide Interactive Areas (ICN Conference Center) on the
IC Network Site. If you use our message boards or chat rooms, you are
solely responsible for your own communications and the consequences of
posting those communications. The IC Network does not assume
any responsibility for the consequences of any Interactive Area communications
on or arising from use of the IC Network Site. In cases where you feel
threatened or believe someone else is in danger, you should contact your
local law enforcement agency immediately.
In consideration of being allowed to use the Message Boards and Chat Rooms,
you agree that the following actions shall constitute a material breach
of these Terms and Conditions:
- Use of
an Interactive Area for any purpose in violation of local, state, national,
or international laws;
- Post material
that infringes on the intellectual property rights of others or on the
privacy or publicity rights of others;
- Post material
that is unlawful, obscene, defamatory, threatening, harassing, abusive,
hateful, or embarrassing to another Subscriber or any other person or
entity as determined by IC Network at its sole discretion pursuant to
this Section 12;
- Post advertisements
or solicitations of business;
- After
receiving a warning, continue to disrupt the normal flow of dialogue,
or post comments that are not related to the topic being discussed (unless
it is clear the discussion is free form);
- Post chain
letters or pyramid schemes;
- Impersonate
another person;
- Allow
any other person or entity to use your identification to post or view
comments
- Post the
same note more than once (The online word for posting many times on
one topic is "spamming." Spamming is strictly prohibited); or
- Engage
in any other conduct that restricts or inhibits any other person from
using or enjoying the Message Boards or Chats, or which, in the judgment
of IC Network, exposes IC Network or any of its customers or suppliers
to any liability or detriment of any type.
IC Network
reserves the right to record the dialogue in public chat rooms. The IC
Network does not screen communications in advance and is not responsible
for screening or monitoring material posted by Users or any other person
or entity. If notified by a User of communication(s) which are alleged
not to conform to the terms of this Section, IC Network may investigate
the allegation and determine in its sole discretion to remove or request
the removal of the communication(s). IC Network reserves the right to
remove communications which are abusive, illegal, disruptive, or that
otherwise fail to conform with these Terms and Conditions.
In addition
to the removal rights described above, IC Network reserves the right to
terminate a Subscriber's/Users access to any or all Interactive Area upon
Subscriber's/Users breach of these Terms and Conditions. IC Network reserves
the right (but is not obligated) to edit or delete any communication(s)
posted on the IC Network Site, regardless of whether such communication(s)
violate these standards for content.
Furthermore, IC Network reserves the right (but is not obligated)
to monitor, edit, or disclose any type of posting on the Interactive Areas
for adherence to the Terms and Conditions, if required in the course of
normal operation and maintenance of IC Network, or if required to do so
by law or in the good-faith belief that such action is necessary to: (i)
comply with the law or comply with legal process served; (ii) protect
and defend the rights of IC Network or others; or (iii) act in an emergency
to protect the personal safety of our guests or the public. IC Network
HAS NO LIABILITY OR RESPONSIBILITY TO SUBSCRIBERS OR ANY OTHER PERSON
OR ENTITY FOR PERFORMANCE OR NONPERFORMANCE OF THE AFOREMENTIONED SCREENING
ACTIVITIES.
IC Network
does not represent or guarantee the truthfulness, accuracy, or reliability
of any of the material posted by Interactive Area users or endorse any
opinions expressed by such users. ANY RELIANCE ON CONTENT POSTED IN AN
INTERACTIVE AREA IS AT YOUR OWN RISK.
Through your
use of the IC Network Site's Message Boards & Chat Rooms, you are
agreeing to all of the aforementioned Terms and Conditions for the use
of such Interactive Areas contained herein.
Section 7. Links to Other Sites.
The IC Network Site contains links to third party web sites. These links
are provided solely as a convenience to you and not as an endorsement
by IC Network of the content on such third-party web sites. IC Network
is not responsible for the content of linked third-party sites and does
not make any representations regarding the content or accuracy of materials
on such third-party web sites. If you decide to access linked third-party
web sites, you do so at your own risk. Your use of third-party websites
is subject to the Terms and Conditions of use for such sites.
Section 8. Advertisements.
The IC Network Site contains advertisements by third parties, and these
advertisements may contain links to other web sites. Unless otherwise
specifically stated, IC Network does not endorse any product or make any
representation regarding the content or accuracy of any materials contained
in, or linked to, any advertisement on the IC Network Site.
Section 9. Indemnity.
You agree to defend, indemnify and hold IC Network, its officers, directors,
employees, agents, licensors and suppliers, harmless 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 use of the Content (including Software),
or the Interactive Areas in a manner that violates or is alleged to violate
these Terms and Conditions. IC Network shall provide notice to you promptly
of any such claim, suit, or proceeding and shall reasonably cooperate
with you, at your expense, in your defense of any such claim, suit or
proceeding.
Section 10. Export Control.
The United States controls the export of products and information. You
agree to comply with such restrictions and not to export or re-export
the Contents to countries or persons prohibited under the export control
laws. By downloading the Contents, you are agreeing that you are not in
a country where such export is prohibited or are a person or entity to
which such export is prohibited. You are responsible for compliance with
the laws of your local jurisdiction regarding the import, export, or re-export
of the Contents (including Software). The IC Network makes no claims the
Content 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 IC Network Site from outside the United States,
you do so at your own risk and are responsible for compliance with the
laws of your jurisdiction.
Section 11. General & Jurisdiction
IC Network & J.H. Osborne, Inc. are based in Santa Rosa, California
in the United States of America.
You expressly agree that exclusive jurisdiction for any dispute
with IC Network, or in any way relating to your Subscribership or use
of IC Network, resides in the courts of the State of California, County
of Sonoma and you further agree and expressly consent to the exercise
of personal jurisdiction in the courts of the State of California, County
of Sonoma in connection with any such dispute including any claim involving
IC Network or its affiliates, subsidiaries, employees, contractors, officers,
directors, telecommunication providers and content providers.
These Terms
and Conditions are governed by the laws of the State of California. If
any provision of these Terms and Conditions is found to be invalid by
any court having competent jurisdiction, the invalidity of such provision
shall not affect the validity of the remaining provisions of these Terms
and Conditions, which shall remain in full force and effect. No waiver
of any of these Terms and Conditions shall be deemed a further or continuing
waiver of such term or condition or any other term or condition.
Section 12. Complete Agreement.
EXCEPT AS EXPRESSLY PROVIDED IN A PARTICULAR "LEGAL NOTICE" ON
THE IC NETWORK SITE, THESE TERMS AND CONDITIONS CONSTITUTE THE ENTIRE
AGREEMENT BETWEEN YOU AND IC NETWORK WITH RESPECT TO THE USE OF THE IC
NETWORK SITE AND CONTENT CONTAINED THEREIN.
Thank you
for your cooperation with these Terms and Conditions. We hope you find
the IC Network Site helpful and convenient to use! Questions or comments
regarding this Site should be directed by electronic mail to jill@ic-network.com
ANY USE OF THIS
SITE CONSTITUTES YOUR AGREEMENT TO THE TERMS OF USE.
Revised: May 2007 |