PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE.
By using this site, you signify your assent to these Terms and Conditions. If you do not agree to all of these Terms and Conditions of use, do not use this site!
OrganizedWisdom.com, Inc. ("OrganizedWisdom") may revise and update these Terms and Conditions at any time. Your continued usage of the OrganizedWisdom website ("OrganizedWisdom Site," or the "Site,") will mean you accept those changes.
THE SITE DOES NOT PROVIDE MEDICAL ADVICE.
The contents of the OrganizedWisdom Site, such as links, text, graphics, images, information, and all other material contained on the OrganizedWisdom Site, including User Submitted Content ("Content") are for informational purposes only. The Content is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read on the OrganizedWisdom Site!
If you think you may have a medical emergency, call your doctor or 911 immediately. OrganizedWisdom does not recommend or endorse any specific tests, physicians, products, procedures, opinions, or other information that may be mentioned on the Site. Reliance on any information provided by OrganizedWisdom, OrganizedWisdom employees, OrganizedWisdom Guides, others appearing on the Site at the invitation of OrganizedWisdom, or other visitors to the Site is solely at your own risk.
The OrganizedWisdom Site may contain health or medical-related materials that are sexually explicit. If you find these materials offensive, you may not want to use our Site.
CHILDREN'S PRIVACY.
We are committed to protecting the privacy of children. You should be aware that this Site is not intended or designed to attract children under the age of 13. We do not collect personally identifiable information from any person we actually know is a child under the age of 13.
USE OF CONTENT.
OrganizedWisdom authorizes you to view, save to your account or download a single copy of the material on the OrganizedWisdom Site solely for your personal, noncommercial use if you include the following copyright notice: "Copyright (c) 2008, OrganizedWisdom.com, Inc. All rights reserved" and other copyright and proprietary rights notices that are contained in the Content. Any special rules for the use of certain software and other items accessible on the OrganizedWisdom Site may be included elsewhere within the Site and are incorporated into these Terms and Conditions by reference.
The Content is protected by copyright under both United States and foreign laws. Title to the Content remains with OrganizedWisdom or its licensors. Any use of the Content not expressly permitted by these Terms and Conditions is a breach of these Terms and Conditions and may violate copyright, trademark, and other laws. Content and features are subject to change or termination without notice in the editorial discretion of OrganizedWisdom. All rights not expressly granted herein are reserved to OrganizedWisdom and its licensors.
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.
LIABILITY OF ORGANIZEDWISDOM AND ITS LICENSORS.
The use of the OrganizedWisdom Site and the Content is at your own risk.
When using the OrganizedWisdom Site, information will be transmitted over a medium that may be beyond the control and jurisdiction of OrganizedWisdom and its suppliers. Accordingly, OrganizedWisdom 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 OrganizedWisdom Site.
The OrganizedWisdom Site and the content are provided on an "as is" basis. ORGANIZEDWISDOM, ITS LICENSORS, AND ITS 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. Without limiting the foregoing, OrganizedWisdom, its licensors, and its suppliers make no representations or warranties about the following:
- 1) The accuracy, reliability, completeness, currentness, or timeliness of the Content, software, text, graphics, links, or communications provided on or through the use of the OrganizedWisdom Site or Blogs.
- 2) The satisfaction of any government regulations requiring disclosure of information on prescription drug products or the approval or compliance of any software tools with regard to the Content contained on the OrganizedWisdom Site.
In no event shall OrganizedWisdom, its licensors, its suppliers, or any third parties mentioned on the OrganizedWisdom Site be liable for any damages (including, without limitation, incidental and consequential damages, personal injury/wrongful death, lost profits, or damages resulting from lost data or business interruption) resulting from the use of or inability to use the OrganizedWisdom Site or the Content, whether based on warranty, contract, tort, or any other legal theory, and whether or not OrganizedWisdom, its licensors, its suppliers, or any third parties mentioned on the OrganizedWisdom Site are advised of the possibility of such damages. OrganizedWisdom, its licensors, its suppliers, or any third parties mentioned on the OrganizedWisdom Site shall be liable only to the extent of actual damages incurred by you, not to exceed U.S. $1,000. OrganizedWisdom, its licensors, its suppliers, or any third parties mentioned on the OrganizedWisdom Site are not liable for any personal injury, including death, caused by your use or misuse of the Site, Content, or Public Areas (as defined below). Any claims arising in connection with your use of the Site, any Content, or the Public Areas must be brought within one (1) year of the date of the event giving rise to such action occurred. Remedies under these Terms and Conditions are exclusive and are limited to those expressly provided for in these Terms and Conditions.
USER SUBMISSIONS.
The personal information and Content you submit to OrganizedWisdom is governed by the OrganizedWisdom Privacy Policy. To the extent there is an inconsistency between this Agreement and the OrganizedWisdom Privacy Policy, this Agreement shall govern.
You agree that you will not upload or transmit any communications or content of any type to the Public Areas (including WisdomCards, Blogs, Account Profiles, etc.) that infringe or violate any rights of any party. By submitting communications or content to the Public Areas, you agree that such submission is non-confidential for all purposes.
If you make any such submission, you agree that you will not send or transmit to OrganizedWisdom any communication or content that infringes or violates any rights of any party. If you submit any business information, idea, concept or invention to OrganizedWisdom by email, you agree such submission is non-confidential for all purposes.
If you make any submission to a Public Area or if you submit any business information, idea, concept or invention to OrganizedWisdom by email, you automatically grant (or warrant that the owner of such content or intellectual property has expressly granted) OrganizedWisdom 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 or content in any media or medium, or any form, format, or forum now known or hereafter developed. OrganizedWisdom may sublicense its rights through multiple tiers of sublicenses. If you wish to keep any business information, ideas, concepts or inventions private or proprietary, do not submit them to the Public Areas or to OrganizedWisdom. We try to answer every email in a timely manner, but are not always able to do so.
PASSWORDS.
OrganizedWisdom has several tools that allow you to record, store and publish information. You are responsible for taking all reasonable steps to ensure that no unauthorized person shall have access to your OrganizedWisdom passwords or accounts. It is your sole responsibility to (1) control the dissemination and use of activation codes and passwords; (2) authorize, monitor, and control access to and use of your OrganizedWisdom account and password; (3) promptly inform OrganizedWisdom of any need to deactivate a password or account. You grant OrganizedWisdom and all other persons or entities involved in the operation of the Site the right to transmit, monitor, retrieve, store, and use your information in connection with the operation of the Site. OrganizedWisdom cannot and does not assume any responsibility or liability for any information you submit, or your or third parties' use or misuse of information transmitted or received using OrganizedWisdom tools and services.
ORGANIZEDWISDOM FREE SUBSCRIPTION SERVICES.
If you choose to subscribe to one of OrganizedWisdom's free subscription services, such as the OrganizedWisdom RSS Feeds or Watch Lists (collectively, the "Subscription Services"), the following additional terms and conditions will apply. You should be aware that the OrganizedWisdom Subscription Services are not intended or designed to attract children under the age of 13. These services do not collect any Personally Identifiable Information from any person we know to be a child under the age of 13.
INFORMATION YOU SUBMIT, RATE, SAVE, PRINT, SEND TO FRIENDS: You are using the Subscription Services at your own risk and you, along with your healthcare provider, are personally responsible for verifying its suitability for your needs.
ORGANIZEDWISDOM LIVE AND ACCOUNT AREAS ("PUBLIC AREAS").
If you use a Public Area, such as the profile pages, WisdomCards(tm), or blogs, you are solely responsible for your own communications, the consequences of posting those communications, and your reliance on any communications found in the Public Areas. OrganizedWisdom and its licensors are not responsible for the consequences of any communications in the Public Areas. In cases where you feel threatened or believe someone else is in danger, you should contact your local law enforcement agency immediately. If you think you may have a medical emergency, call your doctor or 911 immediately. You should also use the "Send Feedback" feature that appears on WisdomCards.
In consideration of being allowed to use the Public Areas, you agree to follow our Community Guidelines and that the following actions shall constitute a material breach of these Terms and Conditions:
- Using a Public Area for any purpose in violation of local, state, national, or international laws;
- Posting material that infringes on the intellectual property rights of others or on the privacy or publicity rights of others;
- Posting material that is unlawful, obscene, defamatory, threatening, harassing, abusive, slanderous, hateful, or embarrassing to any other person or entity as determined by OrganizedWisdom in its sole discretion;
- Posting advertisements or solicitations of business without clear disclosure or helpful Content associated;
- After receiving a warning, continuing to disrupt the normal flow of dialog, or posting comments or content that are not related to the topic being discussed (unless it is clear the discussion is free-form);
- Posting chain letters or pyramid schemes;
- Impersonating another person;
- Distributing viruses or other harmful computer code;
- Harvesting or otherwise collecting information about others, including email addresses, without their identification for posting or viewing comments; consent;
- Allowing any other person or entity to use your identification for posting or viewing comments;
- Posting the same note more than once or "spamming"; or
- Engaging in any other conduct that restricts or inhibits any other person from using or enjoying the Public Area or the Site, or which, in the judgment of OrganizedWisdom, exposes OrganizedWisdom or any of its customers or suppliers to any liability or detriment of any type.
OrganizedWisdom reserves the right (but is not obligated) to do any or all of the following:
- 1. Record the Content in blog comments, WisdomCards, discussion pages, or link submissions.
- 2. Investigate an allegation that a communication(s) do(es) not conform to the terms of this section and determine in its sole discretion to remove or request the removal of the communication(s).
- 3. Remove Content or communications which are abusive, illegal, or disruptive, or that otherwise fail to conform with these Terms and Conditions.
- 4. Terminate a user's access to any or all Public Areas and/or the OrganizedWisdom Site upon any breach of these Terms and Conditions.
- 5. Monitor, edit, or disclose any Content in the Public Areas.
- 6. Edit or delete any Content posted on the OrganizedWisdom Site, regardless of whether such Content violates these standards.
OrganizedWisdom or its licensors have no liability or responsibility to users of the OrganizedWisdom Site or any other person or entity for performance or nonperformance of the aforementioned activities.
ADVERTISEMENTS, SEARCHES AND LINKS TO OTHER SITES.
OrganizedWisdom may provide links to third-party web sites as part of its editorial content. OrganizedWisdom does not endorse the content on any third-party websites. OrganizedWisdom is not responsible for the content of linked third-party sites, sites framed within the OrganizedWisdom Site, third-party sites provided as search results, or third-party advertisements, and does not make any representations regarding their content or accuracy. Your use of third-party websites is at your own risk and subject to the terms and conditions of use for such sites. OrganizedWisdom does not endorse any product advertised on the OrganizedWisdom Site.
Advertising on the OrganizedWisdom Site is clearly labeled as such, usually with a small bit of text including the word "Advertisement" or "Ads." Advertisers' interests are not permitted to influence the content of our WisdomCards or the results of searches on the OrganizedWisdom Site.
Some articles are licensed under the GNU Free Documentation License. They use material from Wikipedia articles.
INDEMNITY.
You agree to defend, indemnify, and hold OrganizedWisdom, 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 violation of these Terms and Conditions.
GENERAL.
OrganizedWisdom is based in New York, New York, in the United States of America with offices in New York. OrganizedWisdom makes no claims that OrganizedWisdom, The OrganizedWisdom Blog and the Content are 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 OrganizedWisdom Site from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.
The following provisions survive the expiration or termination of this Agreement for any reason whatsoever: Liability, User Submissions, Indemnity, Jurisdiction, and Complete Agreement.
JURISDICTION.
You expressly agree that exclusive jurisdiction for any dispute with OrganizedWisdom, or in any way relating to your use of the OrganizedWisdom Site, resides in the courts of the State of New York and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the State of New York in connection with any such dispute including any claim involving OrganizedWisdom or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers, and content providers.
These Terms and Conditions are governed by the internal substantive laws of the State of New York, without respect to its conflict of laws principles. 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.
NOTICE AND TAKE DOWN PROCEDURES; AND COPYRIGHT AGENT:
If you believe any materials accessible on or from the Site infringe your copyright, you may request removal of those materials (or access thereto) from this web site by contacting OrganizedWisdom's copyright agent (identified below) and providing the following information:
- 1. Identification of the copyrighted work that you believe to be infringed. Please describe the work, and where possible include a copy or the location (e.g., URL) of an authorized version of the work.
- 2. Identification of the material that you believe to be infringing and its location. Please describe the material, and provide us with its URL or any other pertinent information that will allow us to locate the material.
- 3. Your name, address, telephone number and (if available) e-mail address.
- 4. A statement that you have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent, or the law.
- 5. A statement that the information that you have supplied is accurate, and indicating that "under penalty of perjury," you are the copyright owner or are authorized to act on the copyright owner's behalf.
- 6. A signature or the electronic equivalent from the copyright holder or authorized representative.
OrganizedWisdom's agent for copyright issues relating to this web site is as follows: OrganizedWisdom.com, Inc. Attn: Office of Privacy 2000 Broadway, Suite 18C New York, NY 10023
privacy@organizedwisdom.com
In an effort to protect the rights of copyright owners, OrganizedWisdom maintains a policy for the termination, in appropriate circumstances, of subscribers and account holders of the Site who are repeat infringers.
COMPLETE AGREEMENT.
Except as expressly provided in a particular "legal notice" on the OrganizedWisdom Site, these Terms and Conditions and the OrganizedWisdom Privacy Policy and Agreement constitute the entire agreement between you and OrganizedWisdom with respect to the use of the OrganizedWisdom Site, and Content.
Thank you for your cooperation. We hope you find the OrganizedWisdom Site helpful and easy to use! Questions or comments regarding this website, including any reports of non-functioning links, should be submitted using our Contact Us page or via U.S. mail to OrganizedWisdom Office of Privacy at 2000 Broadway, 18C, New York, NY 10023. We try to answer every email in a timely manner but are not always able to do so.
© 2005-2008 OrganizedWisdom.com, Inc. All rights reserved.
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