Terms and conditions of use policy
Updated September 27th, 2010.
LowVitaminD.com and its associated channels of communication (e-mail distribution list, twitter feed, fan pages etc.) is an online information and communications service (the “Service”) provided by LowVitmainD.com and from other sources. Use of the Service is governed by the terms and conditions of this Agreement. Please read this Agreement carefully before accessing or using the Service. Throughout this Agreement, LowVitaminD.com is referred to as “we” or “us.”
THE SOLE PURPOSE OF THIS WEBSITE IS TO DISSEMINATE INFORMATION REGARDING VITAMIN D. LOWVITAMIND.COM NEITHER ENDORSES NOR IS RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, STATEMENT OR SERVICE LISTED ON THIS WEBSITE. THIS WEBSITE IS NOT INTENDED TO SERVE AS OR TO REPLACE YOUR PHYSICIAN, TO RENDER MEDICAL ADVICE, TO MAKE DIAGNOSES, TO ADMINISTER TREATMENT OR TO MAKE REFERRALS FOR SUCH SERVICES. ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTH PROVIDER WITH ANY QUESTIONS YOU MAY HAVE REGARDING A MEDICAL CONDITION, AND BEFORE EMBARKING ON A NEW TREATMENT, DIET OR FITNESS PROGRAM. MOREOVER, THE INFORMATION AND MATERIALS AVAILABLE ON THE WEBSITE DO NOT CONSTITUTE LEGAL ADVICE AND SHOULD NOT BE RELIED ON AS SUCH. IF YOU WANT LEGAL ADVICE, YOU SHOULD CONSULT A LAWYER.
General terms and conditions
Your access and use of this site, its associated channels of communication (e-mail distribution list, twitter feed, fan pages etc.) and its services bind you to this Agreement. If you do not agree to the Terms and Conditions of Use for this site and Service, you may not use the site or its Service.
We may modify this Agreement at any time. Any modifications made to this Agreement will be effective immediately upon posting on the site. By accessing or using the Service, you agree to be bound by all of the terms and conditions of the Agreement as posted on the Service at the time of your access or use. You agree to review the Agreement posted on the Service each time you use the Service so that you are aware of any modifications made to this Agreement.
Important Disclaimer Information
Your use of this site and Service is at your own risk. The relationship between you and LowVitaminD.com is not a physician-patient relationship or other similar relationship. The Service contains information, data, text and other content (Materials) compiled from a variety of sources (Information Providers). The Service is provided for your convenience, and is intended to broaden consumer understanding and knowledge of Vitamin D deficiency, Vitamin D insufficiency and related health care topics. LowVitaminD.com does not endorse nor is it responsible for the accuracy or reliability of any Materials. The Materials are not exhaustive and should not be considered complete or up-to-date. It is your responsibility to evaluate the accuracy, completeness or usefulness of any information, opinion or other Materials available through this site and the Service. NOTHING CONTAINED IN THE SERVICE IS INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, THE PRACTICE OF LAW, THE PRACTICE OF MEDICINE, OR NURSING, OR PROVIDING OF HEALTH CARE ADVICE OR INSTRUCTION FOR MEDICAL DIAGNOSIS OR TREATMENT.
LowVitaminD.com does not recommend the self-management of health problems. You should never disregard medical advice or delay in seeking it because of something you have read here.
This site and its Service are for consumer educational use only. Nothing contained in this site is or should be considered, or used as a substitute for, medical advice, diagnosis or treatment. The services provided on this site are here to educate consumers on health care and medical issues that may affect their daily lives. This site and its services do not constitute the practice of any medical, nursing or other professional health care advice, diagnosis or treatment.
Because of the designated purpose of this site and the services it provides, you agree that LowVitaminD.com does not constitute a service that targets any one community, user group, business or industry. Because the site is designed for educational purposes, you also agree that it does not constitute “doing business” in any specific jurisdiction or soliciting business for us or any of our affiliated companies, subsidiaries or our parent company or establishing “minimum contacts” with any jurisdiction outside of the state of Colorado.
We advise users to always seek the advice of a physician or other qualified health care provider with any questions regarding personal health or medical conditions. Never disregard, avoid or delay in obtaining medical advice from your doctor or other qualified health care provider because of something you have read on this site or Service. If you have or suspect that you have a medical problem or condition, please contact a qualified health care professional immediately. If you are in the United States and are experiencing a medical emergency, please call 911 or call for emergency medical help on the nearest telephone.
We do not operate, control, supply, endorse, warrant or guarantee any information, products, services or merchandise. We also do not warrant or guarantee that files available for downloading through the site or Service will be free of infections or viruses, worms, Trojan horses or other code that contains contaminating or destructive properties.
We, and our content providers, cannot and do not guarantee or warrant against errors, omissions, delays, interruptions or losses, including loss of data. Users of this site are responsible for maintaining a means external to LowVitaminD.com for the reconstruction of any lost data.
We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, this site, or any part thereof, with or without notice.
Membership and Registration
You are not obligated to register as a member in order to access the site. However, we offer certain features and services, such as our e-mail distribution list for which membership is necessary. When and if you register to become a member, you agree (a) to provide accurate, current, and complete information about yourself as prompted by our membership sign up form (including your email address), and (b) to maintain and update your information (including your email address) to keep it accurate, current, and complete. Any such information that you provide will be treated by us in the manner described in our Privacy Policy. You acknowledge that, if any information provided by you is untrue, inaccurate, not current, or incomplete, we reserve the right to terminate this Agreement and your use of the Service.
As part of the membership registration process, you will be asked to enter an e-mail address. We may refuse to grant you, and you may not use, an e-mail address that is already in use; that may impersonate another person; that belongs to another person; that violates the intellectual property or other rights of any person; that is vulgar or otherwise offensive; or that we reject for any other reason in our sole discretion.
Listings and Service Providers
The Materials also include listings submitted to us by product and service providers or other third parties. These provider listings may include contact information, descriptions of products and services, and links to other websites, and are made available for your convenience. LowVitaminD.com does not verify, screen, endorse, warrant or guarantee any such products or services. Moreover, your correspondence or business dealings with, or participation in promotions of, such listing providers or sponsors found on or through the site (including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings) are solely between you and such listing provider or sponsor. You agree that LowVitaminD.com shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings, or as the result of the presence of information regarding such listing providers or sponsors on the site. All questions concerning such products or services should be directed to the applicable provider, and not to LowVitaminD.com. YOU ACKNOWLEDGE THAT ANY WARRANTY THAT IS PROVIDED IN CONNECTION WITH ANY PRODUCT OR SERVICE DESCRIBED ON THE SITE IS PROVIDED SOLELY BY THE LISTING PROVIDER, OWNER, SPONSOR OR MANUFACTURER OF THAT PRODUCT OR SERVICE, AND NOT BY LOWVITAMIND.COM.
Linked Websites
The site strives to serve as an empowering resource for people with vitamin D deficiency, vitamin D insufficiency and related healthcare matters. As part of this effort, the site may contain links and references to other sites (Linked sites) for purposes of requesting information, seeking advice and locating resources. Linked sites are operated independently of LowVitaminD.com, and we are not responsible for the accuracy, quality or lawfulness of their content or services. We encourage you to use your discretion when dealing with any sources available on the Internet, including Linked sites.
You acknowledge that when you click on a link to visit a Linked site (even if a frame appears that contains the LowVitaminD.com name or logo, or the LowVitaminD.com name or logo and/or other content selected by LowVitaminD.com), LowVitaminD.com is not affiliated with the Linked site and is not responsible for any content that appears on or services offered through the Linked site. You also acknowledge that the owner of the Linked site is neither endorsed by nor affiliated with us.
Warranties and limitation of liability
WE DO NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS OF ANY KIND WHATSOEVER (INCLUDING WITHOUT LIMITATION, WARRANTIES OF TITLE OR NONINFRINGEMENT, OR ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO THE SERVICE, OR WITH RESPECT TO ANY INFORMATION, PRODUCT, SERVICE, MERCHANDISE OR OTHER MATERIAL PROVIDED ON OR THROUGH THE SERVICE. WE DO NOT WARRANT OR GUARANTEE THE ACCURACY, COMPLETENESS, CORRECTNESS, TIMELINESS OR USEFULNESS OF ANY INFORMATION, PRODUCTS, SERVICES, MERCHANDISE OR OTHER MATERIAL PROVIDED THROUGH THE SERVICE OR ON THE INTERNET GENERALLY. WE MAKE NO WARRANTY OR GUARANTEE THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE.
WE ARE NOT LIABLE TO ANY USER OR ANYONE ELSE FOR ANY DECISION MADE OR ACTION TAKEN BY BASED ON RELIANCE UPON THE INFORMATION CONTAINED ON OR PROVIDED THROUGH THE SERVICE.
Users’ agreement
Users will not upload or transmit any communications or content of any type that infringes or violates any rights of any party.
Users will not use this site for any purpose in violation of local, state, national or international laws.
Users will not use this site as a means to distribute advertising or other unsolicited material to any third party.
Users will not post material that is unlawful, obscene, defamatory, threatening, harassing, abusive, slanderous, hateful or embarrassing to any other person or entity as determined by us in our sole discretion.
Users will not impersonate another person.
Users will not hold us or any of our affiliates, subsidiaries or parent company liable for damages including (but not limited to) loss of wages, revenue or business because of any services related to or provided by this site. The sole and exclusive remedy for dissatisfaction with the services of this site and / or Service will be to stop using the site and / or Service.
Users will indemnify us and any of our parent or subsidiary companies or organizations, and any of our successors, assigns or licensees, together with any of their respective officers, directors and employees, against any damages, losses, liabilities, judgments, costs or expenses (including reasonable attorneys’ fees and costs) arising out of a claim by a third party relating to use of the Service, or any breach or violation of this Agreement or any other term or condition contained on the Service.
Users agree to comply with all user responsibilities and obligations as stated in these Terms of Service.
Users’ representations
All site users represent and warrant that they are at least 18 years of age and that they possess the legal right and ability to agree to these Terms of Service and to use this site in accordance with these Terms of Service.
Blogs
If you use the blog feature, you agree to the following.
By posting any comments, posts or other material on the blog, you give LowVitaminD.com the irrevocable right to reproduce, distribute, publish, display, edit, modify, create derivative works from, and otherwise use your submission for any purpose in any form and on any media. You also agree that you will not:
- Post material that infringes on the rights of any third party, including intellectual property, privacy or publicity rights
- Post material that is unlawful, obscene, defamatory, threatening, harassing, abusive, slanderous, hateful, or embarrassing to any other person or entity as determined by LowVitaminD.com in its sole discretion
- Post advertisements or solicitations of business
- Post chain letters or pyramid schemes
- Impersonate another person
- Allow any other person or entity to use your identification for posting or viewing comments
- Post the same note more than once or “spam”
We reserve the right (but are not obligated) to do any or all of the following:
- Remove communications that are abusive, illegal or disruptive, or that otherwise fail to conform with these Terms and Conditions.
- Terminate a user’s access to the blog feature upon any breach of these Terms and Conditions.
- Edit or delete any communications posted on the blog feature, regardless of whether such communications violate these standards.
Finally, you agree that you will indemnify LowVitaminD.com and its contributors against any damages, losses, liabilities, judgments, costs or expenses (including reasonable attorneys’ fees and costs) arising out of a claim by a third party relating to any material you have posted.
Conflict resolution
You agree that this Agreement is entered into between you and us in the State of Colorado, United States of America, and is performed within the State of Colorado and governed by and shall be construed in all respects under the laws of the State of Colorado, exclusive of its choice of law or conflict of laws provisions. In any claim or action by you directly or indirectly arising under this Agreement or related to the Service, you and we each irrevocably agree to submit to the exclusive personal jurisdiction of the Colorado State District Court sitting in Denver County, Colorado, or if such court does not have subject matter jurisdiction, then you and we each irrevocably agree to submit to the exclusive personal jurisdiction of the United States Court for the District of Colorado, and whichever of those two courts has jurisdiction, you and we each waive any jurisdictional, venue or inconvenient forum objections to such court.
If any of the provisions of this Agreement are held to be not enforceable by a court or other tribunal of competent jurisdiction, then such provisions shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect.
This Agreement constitutes the entire agreement between you and us relating to the access and use of the site and any of its services. This Agreement may not be modified, in whole or in part, except as described elsewhere in this Agreement. Anything contained on the Service inconsistent with or conflicting with the terms of this Agreement is superseded by the terms of this Agreement.
Termination of services
If you violate these Terms and Conditions of Use, your use of this site will terminate. We may notify you that you have breached the Agreement. We may, in our sole discretion, terminate your access to this site, or any portion thereof, or discontinue providing the site, or any portion thereof. These actions are in addition to and not in lieu or limitation of any other right or remedy we may have available at law. Further, we shall not be liable to you or any third party for any such termination or discontinuance.
General
We do not guarantee continuous, uninterrupted or secure access to our services, and operation of this site may be interfered with by numerous factors outside of our control. You agree that these Terms and Conditions of Use and all incorporated agreements between us and you may be automatically assigned by us, in our sole discretion, to a third party in the event of a merger, acquisition or liquidation.
Our failure to act with respect to a breach by you or others of these Terms and Conditions of Use does not waive our right to act with respect to subsequent or similar breaches. These Terms and Conditions of Use set forth the entire understanding and agreement between us and any site user with respect to the site, its uses and services.
Copyright and trademarks
The mark(s) “LowVitaminD.com,” are trademarks and service marks of LowVitaminD.com
The materials on the site are copyrighted by us and/or other applicable rights holders. You may download and reprint a single copy of the materials from the Service for your own personal, noncommercial use only, provided you include all applicable notices and disclaimers. Any other use of the materials is strictly prohibited without our prior written permission and the permission of the applicable rights holder(s).
Use of cookies
See Privacy policy for information regarding cookies and their use on our site.
Contact information
If you have any questions about the Service, please contact us.
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