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CONDITIONS OF USE
We appreciate you visiting the www.EasySurgery4U.com web Site (the Site). The following Terms and Conditions of Use set forth the agreement between the Site, the internet presence of EaseSurgery4U, a leading provider of quality of life knowledge, tools, services and products, and each and every user governing the use of the Site.
Please review these terms and conditions thoroughly before using the Site. By using the Site, you agree to be bound by these Terms and Conditions. If you do not agree to these Terms and Conditions, then please exit. You may not access or use the Site.
The Site is designed to offer private, interesting and informative experiences for its visitors as well as a place for visitors to purchase EasySurgery4U products and services, products and services created to enhance well-being. EasySurgery4U and our respective subsidiaries and affiliates want each visitor to our Site to have a safe, convenient and valuable experience so we have established the following terms and conditions so that we (and you) know what to expect from each other.
We may change these terms and conditions, or the policies that govern the use of the Site at any time. We urge you to review the Site's terms and conditions every so often for any changes. Your continued use of the Site shall be deemed your notification and acceptance of any changes to our terms and conditions.
By entering and using the Site, you fully and completely accept these terms and conditions, which revoke and cancel any and all other agreements or understandings between you and EasySurgery4U regarding anything pertaining to the topics and sum and substance of the Site.
MEDICAL, PSYCHOLOGICAL AND PROFESSIONAL SERVICE DISCLAIMER
The information on the Site is intended for educational purposes only.
EasySurgery4U is designed for educational purposes. EasySurgery4U is not engaged in rendering medical or psychological or any other professional health services or counsel. The information provided through EasySurgery4U should not be used for diagnosing or treating a health problem or a disease. It is not a substitute for professional care. If you have or suspect you may have a health problem, you should consult your health care provider.
Because all of the information and materials contained on the Site are intended for educational purposes only, they are not in any way intended to be used or viewed as a substitute for medical or psychological or any other form of health advice, treatment, counsel or care.
The use of the Site does not create a psychologist-patient or a physician-patient relationship or any other health professional-patient relationship between EasySurgery4U and the user of the Site. In no way does the use of this Site obligate EasySurgery4U to any follow-up or contact for any reason including, but not limited to, medical or health reasons. Persons who visit the EasySurgery4U Site should in no way rely on any information provided on the Site to meet their own psychological or physical health needs for professional health services.
No information contained on the Site or in any electronic or written information sent to you by EasySurgery4U is to be taken as medical or other health treatment, advice or counsel pertaining to any of yours or anyone else's specific health or medical condition. EasySurgery4U does not diagnosis, treat, or recommend any course of action regarding treatment of your physical or psychological health.
You recognize, accept and allow that EasySurgery4U is not engaged in the practice of Psychology or Medicine or any other professional health discipline and that any and all decisions made using the Site content will be your exclusive responsibility and, if you choose, that of your health service providers. EasySurgery4U unequivocally disclaims any responsibility or liability for any undesirable, unfavorable, or adverse results or damages consequent to your relying on Site content, including any and all EasySurgery4U programs, practices, regimens, routines and products.
At your expense, you agree to indemnify and hold EasySurgery4U harmless from any and all losses, damages or liabilities, that result from any and all claims, causes of action, proceedings, suits, or demands against EasySurgery4U arising from or related to decisions or recommendations you make using the Site content, including any and all of EasySurgery4U programs and products.
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SERVICES
All services rendered by Joanna Stull, or by those under her direction at EasySurgery4U are exclusively educational services. This includes, but is not limited to education, training and mentoring in the use of EasySurgery4U education/training regimens, practices and routines.
None of EasySurgery4U education/training regimens, materials or programs supervised or administered by Joanna Stull or anyone under her direction are a treatment or cure for any illness or health problem. Nor does any communication or service of any kind that you receive from Joanna Stull, or those under her direction at EasySurgery4U, serve as treatment or counsel for any illness or health problem. The same applies for any materials and products available on the Site. All materials and products are meant as educational resources intended for your self-directed use. No free or for sale products on the EasySurgery4U Site, barring none, are meant as a cure or treatment or counsel for any health problem.
EasySurgery4U and its personnel are not engaged in rendering medical or professional health services. The Site content is not a substitute for the diagnosis and advice of your health care professional and in no instance should Site content be used in place of such diagnosis and advice. You should never delay seeking the diagnosis and counsel of your health care professional because of any Site content. Consult your health care professional before practicing any recommendations or acting on any EasySurgery4U educational/training regimens, practices and/or routines. The Site content is not to be misconstrued as EasySurgery4U promoting or supporting the self-management of your medical or psychological condition(s) or of anyone you know.
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QUOTING, REFERENCING AND USING THE SITE
You can quote material verbatim from the Site for your personal, non-commercial use under the following conditions:
You are strictly prohibited from exporting or quoting material from pages for your commercial or financial benefit. You must maintain and display all EasySurgery4U copyright and restrictive rights, and other proprietary notices, on all materials you quote or copy.
You may not, however transmit, distribute, modify, reuse, report, or use the contents of the Site, including the text, images, audio, and video, for public or commercial purposes, without the written permission of EasySurgery4U.
If you want to re-use, re-print, copy, distribute, modify, transmit, report any information that is NOT the property of EasySurgery4U, then you must contact the rightful owners to obtain permission. EasySurgery4U, accepts no responsibility for any violations of the intellectual property of others by any party using this web Site.
You may not allow, enable, or support the communication of unsolicited, commercial advertising or solicitations via e-mail or use automated technology (including without limitation--robots, scripts, spiders, or any other programmed device) to access the Site or observe or copy our Site pages or its content. You are also strictly prohibited from putting pop-up windows on the Site or in any manner modifying its pages.
We may cancel your use of the Site without prior notice for any reason if we conclude that you have violated any of these terms and conditions. You may terminate your use of the Site at any time.
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USE AND WARRANTLY EXCLUSIONS AND DISCLAIMER
EasySurgery4U assumes no risk or obligation for your use of the Site . Further, EasySurgery4U is not responsible for the content of information appearing via hyperlink to other Internet Sites. EasySurgery4U does not endorse any other Internet Site, nor does it vouch for any information which may be contained on any other Internet Site, including those to which it provides Internet links.
Any papers or other information which are written and produced for the Site by principals, guest contributors, and/or advisors to the Site and/or by the educational services wing of EasySurgery4U, are intended for educational purposes only, and are solely intended to help visitors round out their understanding of some of the issues and complexities of comprehensive wellbeing concerns.
In consideration for your use of and access to the EasySurgery4U website, you agree that in no event will EasySurgery4U or any other party or person involved in creating, producing or delivering the Site (including any and/or all of its contents) or any web site linked to this Site, be liable to you in any manner whatsoever for any decision made or action or non-action taken by you in reliance upon the information provided through this Site and/or its links.
While EasySurgery4U, uses reasonable efforts to include accurate and up-to-date information on the Site, EasySurgery4U, makes no warranties or representations as to its accuracy, timeliness, or completeness. EasySurgery4U assumes no liability or responsibility for any errors or omissions in the content on the Site.
You expressly agree that you use this Site at your own risk. Neither EasySurgery4U, nor any party involved in creating, producing, or delivering the Site or any of the material or information contained in the Site is liable for any direct, indirect, consequential, or punitive damages arising out of your access to, or use of, the Site.
Without limiting the foregoing, everything on the Site is provided to you "AS IS" with no warranty of any sort, implied or expressed, including (but not limited to) the implied warranties of wellbeing before and after surgery for a particular purpose, non-infringement or merchantability.
EasySurgery4U makes no warranty that the services on the Site will satisfy you or meet your needs, or that the material and/or products and/or services will be uninterrupted and without error. Nor does EasySurgery4U make any assurances pertaining to the accuracy or reliability of the EasySurgery4U content. You understand and agree that any Site material and/or information reviewed, copied or used in any fashion is done at your own risk.
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PROHIBITED ACTIVITIES
You agree never to use the Site to:
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violate any local, state, national, or international laws;
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stalk, annoy, or injure anyone;
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collect personal data about EasySurgery4U personnel or Site users;
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impersonate anyone, or otherwise misrepresent your affiliation with a person or entity;
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interfere with or disrupt the Site or services or networks connected to the Site, or disobey any requirements, procedures, policies, or regulations of networks connected to the Site. You agree not to use the Site to send unlawful, libelous, slanderous, insulting, threatening, or offensive messages to anyone, as determined by EasySurgery4U in its exclusive judgment.
COPYRIGHTS AND CREDITS AND TRADEMARKS
All logos, and service marks (collectively the "Trademarks") displayed on the Site, either now or at any future time, are registered and unregistered Trademarks of EasySurgery4U (or others where indicated). Nothing contained on the Site or in these Terms and Conditions should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Site (either now or at any future time) without written permission of EasySurgery4U. Your misuse of the Trademarks displayed on the Site, or any other content on the Site is strictly prohibited. You are also advised that EasySurgery4U will aggressively enforce its intellectual property rights to the fullest extent of the law, possibly including the seeking of criminal prosecution.
All other trademarks, articles, publications, books, tapes, web Sites, product names and company names or logos cited herein are the legal and intellectual property of their respective owners.
Assume that everything you read or hear on the Site is copyrighted unless otherwise noted, and may not be used without the written permission of EasySurgery4U except as provided in these Terms and Conditions or in the text on the Site. EasySurgery4U neither warrants nor represents that your use of materials displayed on the Site will not infringe rights of third parties not owned by or affiliated with EasySurgery4U.
Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties.
EasySurgery4U also assumes no responsibility for and shall not be liable for any damages to, or viruses that may infect, your computer equipment or other property on account of your access to, use of, or browsing in the Site or your downloading of any materials, data, text, images, video, or audio from the Site.
Any images displayed on the Site are either the property of, or used with permission by, EasySurgery4U, unless otherwise noted. The use of these images by you, or anyone else authorized by you, is prohibited unless specifically permitted by these Terms and Conditions or specific permission provided elsewhere on the Site. Unauthorized use of these images may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.
Although EasySurgery4U may monitor or review discussions, chats, postings and the like on the EasySurgery4U Site, EasySurgery4U assumes no responsibility or liability arising from the content of any such locations or for any error, insult, defamation, slur, oversight, deception, obscenity, risk, or incorrectness in information contained on the Site.
You are prohibited from posting or transmitting any unlawful, threatening, slanderous, insulting, obscene, indecent, inflammatory, or profane material or any material that could represent or encourage conduct that could be considered criminal or give rise to civil liability, or violation of any law.
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YOUR SUBMISSIONS TO THE SITE
You may submit testimonials, comments or other content to EasySurgery4U via e-mail links on the Site or through snail mail. While you retain ownership to your submissions, you give to EasySurgery4U a royalty-free, perpetual, non-exclusive, permanent global right and license to use, reproduce, distribute, modify, create derivative works of, publicly display, your submission in any present and future media forms. EasySurgery4U may post on the Site any testimonial you send us. We will attribute your testimonial to you by displaying your full name with your permission, or your first and last initial or your first name and last initial next to your testimonial at our discretion.
JURISDICTION
In the unlikely event that any formal dispute arises between you and EasySurgery4U, or its owner or employees, all said disputes will be resolved finally and exclusively by binding arbitration in Boston, Massachusetts before a sole arbitrator chosen from and administered by the American Arbitration Association in accordance with its governing rules.
TIME LIMIT
EasySurgery4U failure to put into effect or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any proviso or condition of the Terms and Conditions is found to be invalid by either a court of expert jurisdiction or the Arbitrator, you and EasySurgery4U nonetheless agree that the court or the Arbitrator should undertake to give effect to your and EasySurgery4U intentions as reflected in the provision, and that the other provisions of the Terms remain entirely in effect.
You agree that despite any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Site or EasySurgery4U services or products must be made within one year after any claim or cause of action arose or be finally and permanently barred.
FINAL NOTE
We welcome you to the Site. We wish you an enjoyable and life enhancing experience.
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"I used almost no pain medications and was walking within 12 hours of a 7 1/2 hour cervical spine surgery.”
Jill Kulick, California |
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