Effective: September 2012
YOU AGREE AND UNDERSTAND THAT AUTOIMMUNEMOM IS NOT A MEDICAL PRACTICE AND DOES NOT PROVIDE MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. IT IS YOUR RESPONSIBILITY TO SEEK DIAGNOSIS, TREATMENT AND ADVICE FROM QUALIFIED PROVIDERS BASED ON YOUR CONDITION AND PARTICULAR CIRCUMSTANCES. CRV DOES NOT ENDORSE OR RECOMMEND ANY PRODUCTS, PRACTICES, TREATMENT METHODS, TESTS, PHYSICIANS, SERVICE PROVIDERS, PROCEDURES, CLINICAL TRIALS, OPINIONS OR INFORMATION AVAILABLE ON THIS WEBSITE.
You must be 18 years of age or older to become a user. By using AutoimmuneMom, you represent and warrant that you are at least 18 years of age. If we discover or have any reason to suspect that you are not at least 18 years of age, we reserve the right to suspend or terminate your use of the Website immediately and without notice.
CRV provides this Website for use only by persons located within the United States. CRV makes no representation that the Website or its content is appropriate or available for use in locations outside the United States.
Personal Noncommercial and Lawful Use
You may use AutoimmuneMom for personal noncommercial and lawful purposes. You may not exploit any aspect of AutoimmuneMom for any commercial purpose without prior written and signed authorization from CRV. You must comply with all state, local, national and international laws, rules and regulations that apply to the Website, your use of the Website, and any products or services you learn about on the Website or access through the Website, including but not limited to, any laws governing the sale, use, or promotion of medications and controlled substances.
Disclaimer of Warranties
AUTOIMMUNEMOM IS PROVIDED: (1) WITH ALL FAULTS AS IS AND AS AVAILABLE; AND (2) WITHOUT ANY ASSURANCE, OR WARRANTY, CONDITION OR DUTY OF OR REGARDING: FUNCTIONALITY; PRIVACY; SECURITY; ACCURACY; AVAILABILITY; REPAIRS; LACK OF: NEGLIGENCE, INTERRUPTION, VIRUSES OR OF OTHER HARMFUL CODE OR TRANSMISSIONS; OR THE NATURE OR CONSEQUENCES OF AVAILABLE CONTENT SUCH AS (WITHOUT LIMITATION) WHETHER SOFTWARE OR OTHER CONTENT IS SUBJECT TO ANY PARTICULAR LICENSE, OR WHETHER IT IS SUBJECT TO ANY RESTRICTIONS OR CONSEQUENCES THAT MIGHT BE TRIGGERED BY ANY EXERCISE OF A RIGHT GRANTED UNDER THESE TERMS. CRV, OUR AFFILIATES, LICENSORS, SUPPLIERS, AND ADVERTISERS MAKE NO WARRANTY AND HEREBY DISCLAIM, WHETHER IMPLIED OR STATUTORY, ANY WARRANTY, INCLUDING ANY WARRANTY OF TITLE, QUIET ENJOYMENT, NON-INFRINGEMENT, MERCHANTABILITY, MERCHANTABLE QUALITY, OR FITNESS FOR A PARTICULAR PURPOSE. THE ENTIRE RISK, IN CONNECTION WITH YOUR USE OF THE WEBSITE, AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. YOU AGREE THAT YOU WILL OBTAIN (INCLUDING, WITHOUT LIMITATION, THROUGH DOWNLOAD) ANY CONTENT ENTIRELY AT YOUR OWN RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY RESULTING INFRINGEMENT, BREACH OF CONTRACT, CONSEQUENCE OR DAMAGE, INCLUDING (WITHOUT LIMITATION) BODILY INJURY, DEATH, DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA.
FOR AVOIDANCE OF DOUBT, YOU AGREE THAT YOU MAY NOT RELY, AND AUTOIMMUNEMOM WILL NOT BE LIABLE FOR YOUR RELIANCE, ON ANY INFORMATION OR OPINIONS EXPRESSED ON THIS WEBSITE, INCLUDING ANY DECISIONS YOU MAKE ABOUT DIAGNOSIS OR TREATMENT. ANY OPINION OR INFORMATION PRESENTED ON THE WEBSITE IS FOR YOUR CONVENIENCE ONLY AND WILL NOT CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.
Limitation of Liability
IN NO EVENT WILL CRV, OUR AFFILIATES, LICENSORS, SUPPLIERS, OR ADVERTISERS BE LIABLE FOR, AND YOU CANNOT RECOVER, ANY COSTS, DAMAGES AND EXPENSES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, PUNITIVE, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE THE WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT CRV IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. CRV WILL BE LIABLE TO YOU ONLY FOR GROSS NEGLIGENCE OR WILLFUL MISCONDUCT AND ONLY TO THE EXTENT OF ACTUAL DAMAGES INCURRED BY YOU, NOT TO EXCEED FIVE U.S. DOLLARS ($5.00). THIS IS YOUR EXCLUSIVE REMEDY. Because some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you.
You agree to release, discharge, defend, indemnify and hold harmless CRV, its parents, subsidiaries, officers, directors, employees and agents, assigns, sponsors and supporting artists, licensors and suppliers from and against any claims, actions or demands, liabilities and settlements, including, without limitation, legal and accounting fees, related to or arising out of your use in any way of the Website, including any User Content (defined below) that you provide and any violations of this Agreement for which you are responsible. CRV will provide you with prompt notice of any such claim, suit or proceeding and reasonably cooperate with you, at your expense, in your defense of any such claim, suit or proceeding.
In connection with the Website, CRV may make available links to websites operated by third parties, including advertisers. Making available any link to a website does not imply endorsement by CRV of that website or the products or services available through that website; the link may be for your reference and convenience only. Products, services, and content offered to you through linked websites are subject to the terms and conditions made available by those respective websites, and the data collection practices of linked websites will be governed by the respective privacy policies of those websites, not by ours. Following links to any other websites or web-based services is at your own risk, and any claims you have with respect to products, services, or content accessed through linked websites are claims against third parties, not against CRV.
By using or accessing AutoimmuneMom, you represent, warrant and agree that you will not:
• do anything that could disable, overburden or impair the proper working of the Website, including any interference with the servers or networks used to make the Website available or any violation of the requirements, procedures, policies, or regulations of such networks;
• restrict or inhibit any person from rightfully using the Website;
• transmit, post to, or make available through the Website any virus, worm, Trojan Horse, easter egg, time bomb, spyware, or other computer code, file, or program that is harmful or invasive or may or is intended to damage or hijack the operation of, or to monitor the use of, any hardware, software, or equipment;
• use any robot, spider, scraper or other automated means to access any portion of the Website;
• reverse engineer, decompile, or disassemble any portion of the Website;
• send spam or any other unauthorized advertisements or solicitations through or using the Website;
• use an iFrame or offer web search functionality on the Website;
• harvest, collect or use addresses, phone numbers or email addresses or other contact information of users of the Website;
• solicit private information (including social security numbers, credit card numbers and passwords) from users of the Website;
• impersonate any person or entity, including any moderator or any of our representatives, falsely stating or otherwise misrepresenting your affiliation with any person or entity in connection with the Website, or stating or implying that we endorse any statement you make;
• transmit, post to, or make available through the Website any content that is threatening, hateful, racially or ethnically offensive, or that depicts nudity, pornography or graphic or gratuitous violence, or anything else that CRV may consider offensive;
• transmit, post to, or make available through the Website any addresses, phone numbers or email addresses or other contact information or private information of any third party or any content that violates the law or anyone’s rights, including intellectual property rights or other proprietary rights (such as rights of publicity and privacy);
• transmit, post to, or make available through the Website any false, misleading or fraudulent information;
• intimidate, harass, or violate the rights of any user or other person;
• otherwise do anything that is illegal, infringing, fraudulent, malicious or could expose CRV or users of the Website to harm or liability; or
• attempt, encourage or facilitate any of the above.
In order to access and benefit from certain features of the Website, you may need to establish a user account (“Account”). In order to establish an Account, you may need to provide certain information about yourself, such as a user name, age, age at onset of symptoms, condition, and treatment method. If you provide this information, it will be publicly displayed in connection with any comments you post to the Website using your Account. You acknowledge that any comments you post in connection with your Account may personally identify you and reveal information about your health or medical history. You are entirely responsible for the consequences of any comments or other information that you post or transmit to the Website. You acknowledge that you are under no obligation to establish an Account and that choosing not to establish any Account may limit your ability to access certain features of the Website.
You are entirely responsible for the security and confidentiality of your password and Account. Furthermore, you are entirely responsible for any and all activities that occur under your Account, even where your username, password and other access information or codes are used by someone else. You agree to immediately notify us of any unauthorized use of your Account or any other breach of security of which you become aware. You are responsible for taking precautions and providing security measures best suited for your situation and intended use of the Service. Please note that anyone able to provide your personally identifiable information will be able access your Account, so you should take reasonable steps to protect this information.
In addition, you may be able to access AutoimmuneMom in connection with your use of other websites or accounts, for example, by posting comments in connection with a Facebook.com account. By synching, importing, or in any way using AutoimmuneMom to access other websites and their features, or in any way using other websites to access AutoimmuneMom and its features, you acknowledge and agree that CRV may transmit information to other websites and that other websites may transmit information to CRV. In addition, you acknowledge that depending on your use of other websites, information you provide in connection with your use of AutoimmuneMom may be combined with other information about you. It is your decision whether to use other websites to post or access information that could reveal your health or medical history, and you are responsible for the consequences of those decisions. We will use information you provide to CRV in accordance with this Agreement; other websites’ use of information is governed by their terms and policies. While CRV endeavors to ensure that transmission of any information is secure, you acknowledge our liability for any error or harm is limited in accordance with this Agreement.
Making User Content Available
“User Content” is any information, graphic, text, image, software, sound file, video, communication, data, metadata, photograph, compilation, work in any form or medium, technology (whether now known or later developed) and other materials that are uploaded, submitted, posted, transmitted, modified, linked, shared, stored or otherwise made available to or on the Website by you or other users of the Website. You are responsible for all User Content that you upload, submit, post, transmit, modify, link, share, store or otherwise make available to the Website. You represent and warrant that you own or otherwise control any and all rights in and to the User Content that you upload, submit, post, transmit, modify, link, share, store or otherwise make available and that public posting and use of that User Content by us will not infringe or violate the rights of any third party in any manner.
You acknowledge and agree that we may publish, transmit, perform, display, store, distribute, reproduce, modify, re-arrange, create derivative works from, and otherwise use all or any portion of User Content for the purpose of administering the Website. You further acknowledge and agree that third parties who provide services to CRV may have access to your User Content and use it in connection with their policies and practices and subject to any agreement they may have with CRV.
You further acknowledge that aspects of the Website may be “public.” In addition to the rights granted to us and our service providers, your use of the Website may allow other users to have access to your User Content which they might copy, modify, distribute, or rely upon even without your express permission to engage in that conduct. Further, you agree to evaluate, and bear all risks associated with, the use of any User Content, including reliance on the accuracy, completeness or usefulness of User Content and any risk that others may be able to identify you based on your User Content.
Right to Remove User Content or Block Access
CRV generally does not monitor, approve or have any control over any User Content. Nevertheless, CRV or its designees, at CRV’s discretion, without any obligation and without notice at any time, may screen, filter, restrict, block, move, refuse, disable access to, remove, or modify User Content that does not meet the prohibited conduct guidelines described in this Agreement or is otherwise objectionable. CRV may also block your access to the Website in the event that (a) you breach this Agreement; (b) we are unable to verify or authenticate information you provide to CRV; (c) we believe that your actions may cause financial loss or legal liability for you, AutoimmuneMom users or us; or (d) we believe that blocking access is a reasonable business practice in the circumstances.
We do not guarantee that any content or information you share or access will not be removed, damaged, corrupted, lost, or unavailable. We recommend that you back up any User Content that you store or access using AutoimmuneMom.
Third Party Content
CRV may post or otherwise provide content of third parties, including but not limited to, editorial submissions by physicians, nurses and others (“Third Party Content”) as a service to those interested in this information. CRV does not guarantee, endorse or adopt the accuracy, completeness, legality, or innocuousness of any Third Party Content. CRV is not responsible for updating or reviewing Third Party Content. You use Third Party Content at your own risk.
Because we want this Website to be useful, we may take some steps to verify the identity and educational credentials of certain individuals who contribute content to the Website. However, we cannot and do not guarantee that all information, opinions, or other content provided on the Website is accurate, up-to-date, relevant, appropriate for you, or provided by a person with medical expertise. Your use of the Website is subject to all the terms of this Agreement and limited as set forth herein.
CRV and its licensors retain full copyright ownership, rights and protection in all material contained on the Website (including all digital images, software, HTML code and other code, or business methods) with the exception of User Content. Except as otherwise expressly provided in this Agreement, you may not copy, distribute, transmit, display, perform, reproduce, publish, license, rewrite, create derivative works from, transfer or sell any material contained on the Website without the prior consent of CRV or the copyright owner.
All content of the Website is Copyright 2012 Camino Real Ventures, Inc. and its licensors. All rights reserved.
If you are the owner of a United States copyright and you believe that your work has been copied on this Website in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide our copyright agent the following information:
(A) a physical signature of the person authorized to act on behalf of he owner of the copyright or other intellectual property interest;
(B) a description of the copyrighted work or other intellectual property that you claim has been infringed;
(C) a description of where the material that you claim is infringing is located on the website or Service;
(D) your address, telephone number, and email address;
(E) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and
(F) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act in the copyright or intellectual property owner’s behalf.
Our agent for notice of claims of copyright or other intellectual property infringement can be reached as follows:
By mail: 3112 Windsor Rd #203 Austin, TX 78703
By email: [email protected]
Corporate Identification and Trademarks
All trademarks, service marks and trade names of CRV, its partners and licensors (including without limitation: Camino Real Ventures, Inc., AutoimmuneMom, the AutoimmuneMom logo, and the associated designs and logos) (collectively “Marks”) are trademarks or registered trademarks of CRV or its affiliates, partners or licensors. You may not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify the Marks in any way, including in advertising or publicity pertaining to distribution of materials on this Website, without CRV’s prior written consent. The use of the Marks on any other website or networked computer environment is not allowed. You may not use the Marks as a “hot” link on or to any other website unless establishment of such a link is approved in advance.
CRV may deliver notice to you under this Agreement by means of electronic mail, a general notice on the Website, or by written communication delivered by first class U.S. mail.
You may give notice to CRV at any time by letter delivered by first-class postage prepaid U.S. mail or overnight courier to the following address:
Camino Real Ventures, Inc.
3112 Windsor Rd #203
Austin, TX 78703
Attention: Legal Notice
Termination; Limitations on Access to the Website
You may use the Website if and when it is available. Features may be unavailable or the experience may not be the same for every user at all times. CRV does not guarantee availability of any aspect of the Website or any particular feature. We reserve the right to change, remove, delete, restrict or block access to, or stop providing all or any part of the Website (including reducing available storage capacity, if any, and removing any of the content contained in the Website) at any time without notice.
You agree that we may terminate your use of the Website if we reasonably believe that you have violated or acted inconsistently with the letter or spirit of this Agreement, or violated the rights of CRV or any third party, or for any other reason with or without notice to you.
This Agreement is governed by the internal substantive laws of the State of Texas, without regard to conflict of law principles. You expressly agree that exclusive jurisdiction for any dispute with CRV or in any way relating to your use of the Website (“Legal Action”) resides in the courts of Travis County in the State of Texas . You further agree and expressly consent to the exercise of personal jurisdiction in the courts of Travis County in the State of Texas in connection with any such dispute. Any Legal Action that is subject to the jurisdiction of federal courts shall be instituted in a federal court in the Western District of Texas.
If a court of competent jurisdiction holds any term, covenant or restriction of this Agreement to be illegal, invalid or unenforceable, the remaining terms, covenants and restrictions will remain in full force and effect and will in no way be affected, impaired or invalidated.
The headings titles in this Agreement are provided solely for convenience and have no legal or contractual significance.
No waiver of any provision of this Agreement will be effective unless it is in a signed writing, and no waiver will constitute a waiver of any other provision(s) or of the same provision on another occasion.
CRV will not be liable in any amount for failure to perform any obligation under this Agreement if such failure is caused by the occurrence of any unforeseen contingency beyond its reasonable control, including, without limitation, Internet outages, communications outages, fire, flood, or war.
CRV retains the right to assign its rights, privileges, responsibilities, and obligations, as identified in this Agreement or in other documents, to a third party, in whole or in part, for administration, technical support, marketing, or any other purpose at any time without providing notice to you or other users through the Website or by any other means.