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Physician Outlook Terms of Use Agreement

This Terms of Use Agreement (this “Agreement”) is entered into by and between Physician Outlook, LLC (the “Publisher”) and “you,” the reader of this website (also known as “www.PhysicianOutlook.com” or the “Website”). This agreement contains warranty disclaimers and other provisions that limit the Publisher’s liability to you. Please read these terms and conditions carefully and in their entirety, as using, accessing and/or browsing the website constitutes acceptance of these terms and conditions. If you do not agree to be bound to each and every term and condition set forth herein, please exit the website immediately and do not use, access and/or browse the website.
By entering the website, you acknowledge and agree that you have read and understand these terms and conditions, that the provisions, disclosures and disclaimers set forth herein are fair and reasonable, and that your agreement to follow and be bound by these terms and conditions is voluntary and is not the result of fraud, duress or undue influence exercised upon you by any person or entity.

Medical advice disclaimer
 
The Publisher provides the Website and the services, information, content and/or data (collectively, “Information”) contained therein for informational purposes only. The Publisher does not provide any medical advice on the Website, and information should not be so construed or used. If you are having a medical emergency, call 911 or your physician. PhysicianOutlook.com does not recommend or endorse any specific physicians, products, opinions, tests, services, or other information that may be mentioned on the website. Reliance of information provided by PhysicianOutlook.com is solely at your own risk.

Using, accessing and/or browsing the Website and/or providing personal or medical information to the Publisher does not create a physician-patient relationship between you and the Publisher, nor with any of the authors that publish content on the website. Nothing contained in the Website is intended to create a physician-patient relationship, to replace the services of a licensed, trained physician or health professional or to be a substitute for medical advice of a physician or trained health professional licensed in your state. You should not rely on anything contained in the Website, and you should consult a physician licensed in your state in all matters relating to your health. You hereby agree that you shall not make any health or medical related decision based in whole or in part on anything contained in the Website.

Financial, legal and other advice disclaimer
 
You hereby acknowledge that nothing contained in the Website shall constitute financial, investment, legal and/or other professional advice and that no professional relationship of any kind is created between you and the Publisher. You hereby agree that you shall not make any financial, investment, legal and/or other decision based in whole or in part on anything contained in the Website.
Information disclaimer
 
The opinions expressed in the Website are not necessarily endorsed by, or the opinions of, the Publisher and/or Editor-in-Chief and do not necessarily reflect the opinion of any of the Publisher’s current or future employers (currently Saint Bonaventure University, Doctor On Demand, Rochester Regional, Children’s Hospital of Philadelphia). The Website is created by the Publisher in the Publisher’s capacity as an LLC.  The Website is not edited by the Publisher’s employer(s) and, as a result, may not be attributed to the Publisher or Editor-in-Chief’s employer(s).
Any opinions of the Publisher and/or Editor-in-Chief on the Website are or have been rendered based on specific facts, under certain conditions, and subject to certain assumptions, and may not and should not be used or relied upon for any other purpose, including, but not limited to, for use in or in connection with any legal proceeding.

Information may be changed without notice and is not guaranteed to be complete, correct, timely, current or up-to-date. Similar to any printed materials, information may become obsolete or out-of-date. The Publisher and Editor-in-Chief undertake no obligation to update any information on the Website; provided, however, that the Publisher and/or Editor-in-Chief may update information at any time without notice in the Publisher and/or Editor-in-Chief’s sole and absolute discretion. The Publisher and Editor-in-Chief reserve the right to make alterations or deletions to information at any time without notice.

PhysicianOutlook.com features articles and works of other doctors, medical professionals and personnel.  Featuring these works does not endorse their beliefs, products or writing in any way. Any questions or concerns with material should be directed to the specific authors.
Posting guidelines
 
The Website is open to the public. Consider your comments carefully and do not include anything in a comment that you would like to keep private. By uploading or otherwise making available any information to the Publisher and/or Editor-in-Chief in the form of user generated comments or otherwise, you grant the Publisher and Editor-In-Chief the unlimited, perpetual right to distribute, display, publish, reproduce, reuse and copy information contained therein.
You are solely responsible for the content you post. You may not impersonate other persons through the Website. You may not post content that is obscene, defamatory, threatening, fraudulent, invasive of another person’s privacy rights, or is otherwise unlawful. You may not post content that infringes the intellectual property rights of any other person or entity. You may not post any content that contains any computer viruses or any other code designed to disrupt, damage, or limit the functioning of any computer software or hardware.

You agree to only post or upload photos, videos, audio or other media to PhysicianOutlook.com that you have taken yourself or that you have all rights to transmit and license and which do not violate trademark, copyright, privacy, or any other rights of any other person. Photos or videos of celebrities should not be used without express consent of the owner.  Copyrighted photos, videos, images and cartoons should not be used without express written permission of the copyright owner.

Do not submit media that contains Personally Identifiable Information (eg name, email, phone number, address, website address, etc.). Do not submit media of other persons without their permission, as this practice is strictly prohibited.
By submitting or posting content on the Website, you grant the Publisher and Editor-in-Chief (and any company substantially under their control) the right to remove any content or comment that, in Publisher and/or Editor-in-Chief’s judgment, does not comply with the terms and conditions of this Agreement or is otherwise objectionable. You also grant the Publisher and Editor-in-Chief and any companies substantially under their control the right to modify, adapt, and edit any content.
Comment policy
 
Respectful and insightful comments are welcomed and encouraged on PhysicianOutlook.com but there are some instances where comments will be edited or deleted as follows:
 
Comments deemed to be spam (an attempt to advertise, solicit, or otherwise promote goods and services or solely promotional in nature) will be deleted.
Including a link to relevant content is permitted, but comments should be relevant to the post topic. Off-topic hyperlinks will be deleted
Comments including profanity will be deleted.
Comments containing language or concepts that could be deemed offensive will be deleted. Note this may include abusive, threatening, pornographic, offensive, misleading or libelous language.
Comments that attack an individual directly will be deleted.
Comments that harass other posters will be deleted. Please be respectful toward other contributors.
For the most part anonymous comments will be deleted. We only accept comments from posters who identify themselves unless there is a specific legitimate reason to remain anonymous 
Offensive, abusive, misleading, repetitive, lengthy, false, off-topic, libelous, defamatory, harassing, threatening, snarky, trolling, repetitive, profane, pornographic, or which otherwise violates or encourages others to violate the Publisher and/or Editor-in-Chief’s sense of decorum and civility or any law, including intellectual property laws
 
 
The Publisher and/or Editor-in-Chief reserve the right to delete any comment, for any reason, at any time.  
 
Comments that are flagged with concerns from multiple readers/subscribers will be automatically deleted.
 
Third party links and advertisements disclaimer
 
The Website may, from time to time, contain links to third party websites. These links are provided solely as a convenience to you and not as a guarantee, warranty, or recommendation by the Publisher or Editor-in-Chief of the services, information, content and/or data on such third party websites or as an indication of any affiliation, sponsorship or endorsement of such third party websites. The Publisher and Editor-in-Chief are not responsible for the content of linked third party websites and do not make any representations or warranties regarding the privacy practices of, or the content or accuracy of materials on, such third party websites. If you decide to access linked third-party web websites, you do so at your own risk. Your use of third-party websites is subject to the terms of use for such websites.
The inclusion of third party advertisements does not constitute an endorsement, guarantee, warranty, or recommendation of, and the Publisher and Editor-in-Chief make no representations and/or warranties about, any product or service contained therein.
Disclosures
 
Physician Outlook receives financial payment from sponsoring companies that sponsor the print magazine.  Links from Amazon, Ignite and other companies found on the Website may be affiliate links.
Disclaimer of all warranties 
 
Information made available on the Website is provided on an “AS IS” and “AS AVAILABLE” basis without warranties of any kind, either express or implied, including, without limitation, warranties of title, non-infringement, and implied warranties of merchantability or fitness for a particular purpose. Without limiting the generality of the foregoing, the Publisher and Editor-in-Chief make no warranty, representation or guaranty as to the content, sequence, accuracy, timeliness or completeness of information, that information may be relied upon for any reason or that information will be uninterrupted or error free or that any defects can or will be corrected.
Without limiting the generality of the foregoing, the Publisher and Editor-in-Chief make no representations or warranties with respect to any information offered or provided within or through the Website regarding treatment of medical conditions, action, or application of medication.
Under no circumstances, as a result of your use of the Website, will the Publisher or Editor-in-Chief be liable to you or to any other person for any direct, indirect, special, incidental, exemplary, consequential or other damages under any legal theory, including, without limitation, tort, contract, strict liability or otherwise, even if advised of the possibility of such damages. Without limiting the generality of the foregoing, the Publisher and Editor-in-Chief shall have absolutely no liability in connection with the Website for:
1. damages as a result of lost profits, loss of good will, work stoppage, failure of performance, delays in operation or transmission, non-delivery of information, deletions of files, mistakes, defects, errors, interruptions or computer failure or malfunction;
2. loss or injury caused, in whole or in part, by the Publisher or Editor-in-Chief’s actions, omissions, or negligence, or for contingencies beyond their control, in procuring, compiling, or delivering information;
3. errors, omissions, or inaccuracies in information regardless of how caused, or delays or interruptions in delivery of information; or
4. decision made or action taken or not taken in reliance upon information.
Reservation of intellectual property rights
 
The Website is protected by United States copyright laws. The Publisher hereby reserves any and all intellectual property rights in the Website.
Age restriction
We are committed to protecting the privacy of children. The Website is intended for persons eighteen (18) years or older. Persons under the age of eighteen (18) should not access, use and/or browse the Website. We do not collect personally identifiable information from any person we actually know is a child under the age of 18.
PhysicianOutlook.com may contain materials that are sexually explicit as relevant to health/medical-related topics.  If this material is offensive to you please do not use this website.
Indemnification
 
You agree to indemnify and hold the Publisher harmless from any claim or demand, including attorneys’ fees, made by any third party as a result of (1) any content posted or made available by you on this Website, (2) any violation of law that occurs by you through the Website, and/or (3) anything you do using the Website and/or information contained therein.
Invalidity
 
If any provision of this Agreement is held to be invalid or unenforceable in whole or in part in any jurisdiction, then that provision shall be deemed ineffective in such jurisdiction but shall have no effect on the enforceability of the remaining provisions.
 
Governing law, consent to jurisdiction and limitation on claims
 
This Agreement and your use of the Website, along with information contained therein, shall be governed by and construed in accordance with the laws of the State of Pennsylvania without regard to conflict of laws principles, and you agree to submit to the jurisdiction of courts in the State of Pennsylvania. You further agree that any claims or causes of action arising out of or related to this Agreement and the Website, along with information contained therein, shall be filed within one (1) year after such claim or cause of action arose, or such claim or cause of action shall be forever barred.
Entire agreement
 
You hereby acknowledge that this Agreement represents the entire understanding between you and the Publisher and/or Editor-in-Chief concerning your use of the Website and information contained therein.
 
Modification
 
The Publisher and Editor-in-Chief may, in their sole and absolute discretion, modify the terms and conditions of this Agreement in whole or in party at any time for any reason without any notice to you, whether prior or otherwise. Such modified terms and conditions shall supersede these terms and conditions and shall become binding when published online on the Website.
Waiver
 
The Publisher and Editor-in-Chief’s failure to exercise or enforce any right or provision of this Agreement shall not be deemed to be a waiver of such right or provision.
The Website and information contained therein is made available by the Publisher and Editor-in-Chief for educational purposes only and is not intended to provide medical advice. By accessing the Website, you understand and acknowledge that there is no physician-patient relationship between you and the Publisher. You further acknowledge your understanding that the website should not be used as a substitute for competent medical advice from a licensed physician in your state.
Data privacy
 
General obligations and limitations. With respect to your use of the Website in relation to any personally identifiable and other data and information you provide to www.PhysicianOutlook.com through the Website, you expressly consent to the use and disclosure of that data and information as described in our Privacy Policy (HYPERLINK TO PRIVACY POLICY). You are responsible for complying with all applicable data protection and privacy laws in respect of your use of the Website and with regard to any personal data that you provide to www.PhysicianOutlook.com. In particular, you must ensure you have properly informed and obtained all necessary rights, authorizations or consents from any data subjects to whom the data relates, to enable www.PhysicianOutlook.com to lawfully access their personal data under this Agreement and to process their personal data outside of their country of residence.
 
You acknowledge that email is an insecure medium that is generally not encrypted in transit, and security of information transmitted through the Internet can never be guaranteed. PhysicianOutlook.com is not responsible for any interception or interruption of any communications through the internet or for changes to or loss of your content. PhysicianOutlook.com may process and store your content in the United States or any other country in which PhysicianOutlook.com or its agents maintain facilities and, by using the Website, you consent to this processing and storage of your content.
 
EU data privacy. For the purposes of this Agreement, the terms “personal data”, “processing” and “data subject” have the same meanings as those given to them in EU General Data Protection Regulation 2016/679 (“GDPR“).