Terms of Use
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE
USING THIS SITE.
By using this website (the "Website"), you agree to the
following Terms of Use. If you do not agree to all of these Terms,
do not use this Website. Penn State University ("PSU") may
revise and update these Terms at any time. Your continued usage of
the Website will mean you accept those changes. If you violate any
of these Terms, or do not agree to all of these Terms, your
permission to use the Website and its Content automatically
terminates and you must immediately destroy any copies you have
made of any portion of the Content.
THE SITE DOES NOT PROVIDE MEDICAL ADVICE.
All contents of the Website, such as text, graphics,
images, information obtained from consultants, licensors or from
other users of the site and other material contained on the
Website ("Content") are for informational purposes only. The
Content is not intended to provide or 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 seeking it because of something you have
read on the Website. If you think you may have a medical
emergency, call your doctor or 911 immediately.PSU does not
recommend or endorse any specific tests, physicians, products,
procedures, opinions or other information that may be mentioned on
the Website. Reliance on any information provided by PSU, PSU
employees, others appearing on the Website at the invitation of
PSU, or other visitors to the Website is solely at your own risk.
USE OF CONTENT
PSU authorizes you to view or download a single copy of the
material on the Website solely for your personal, noncommercial
use if you include the following copyright notice: "Copyright (c)
2006, PSU. 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 Website may be included elsewhere within the
Website and are incorporated into these Terms by reference.
The Content is protected by copyright under both United
States and foreign laws. Title to the Content remains with PSU or
its licensors. Any use of the Content not expressly permitted by
these Terms is a breach of these Terms and may violate copyright,
trademark, and other laws. Content and features are subject to
change or termination without notice in the editorial discretion
of PSU. All rights not expressly granted herein are reserved to
PSU and its licensors.
LIMITATION ON LIABILITY AND WARRANTIES
The use of the Website and the Content is at your own risk. When
using the Website, information will be transmitted over a medium
that may be beyond the control and jurisdiction of PSU and its
suppliers. Accordingly, PSU 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
Website.
The Website and the content are provided on an "as
is" basis. PENN STATE UNIVERSITY, 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, PSU, its licensors, and its
suppliers make no representations or warranties about the
following:
- The accuracy, reliability, completeness, or timeliness
of the Content, software, text, graphics, links, or
communications provided on or through the use of the Website or
PSU; or - 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 Website.
In no event shall PSU, its licensors, its suppliers, or any
third parties mentioned on the Website be liable for any damages
(including, without limitation, incidental and consequential
damages, personal injury/wrongful death, lost profits, or damages
resultingfrom lost data or business interruption) resulting from
the use of or inability to use the Website or the Content, whether
based on warranty, contract, tort, or any other legal theory, and
whether or not PSU is advised of the possibility of such damages.
PSU shall be liable only to the extent of actual damages incurred
by you, not to exceed U.S. $1000. PSU is not liable for any
personal injury, including death, caused by your use or misuse of
the Website, Content, or Public Areas (as defined below). Any
claims arising in connection with your use of the Website, 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 are exclusive and are limited to those
expressly provided for in these Terms.
PUBLIC AREAS
If you use or visit a chat room, bulletin board, community posting
or other member communities provided by or linked to the Website
("Public Areas"), 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.
PSU is not responsible for the consequences of any communications
in the Public Areas. In consideration of being allowed to use the
Public Areas, you agree that the following actions shall
constitute a material breach of these Terms:
- 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 PSU
in its sole discretion;
- Posting advertisements or solicitations of business;
- Disrupting the normal flow of dialogue in Public Areas,
or posting comments 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 e-mail 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
Website, or which, in the judgment of PSU, exposes PSU or any of
its customers or suppliers to any liability or detriment of any
type.
In order to monitor compliance with these Terms or to
investigation potential breaches of these Terms, PSU reserves the
right (but is not obligated) to do any or all of the following:
- Record the dialogue in public areas or chat rooms.
- Investigate an allegation that a communication does not
conform to the terms of these Terms and determine in its sole
discretion to remove or request the removal of the communication.
- Remove communications which are abusive, illegal, or
disruptive, or that otherwise fail to conform with these Terms.
- Terminate a user's access to any or all Public Areas
and/or the Website for any or no reason, or for any breach of
these Terms.
- Monitor, edit, or disclose any communication in the
Public Areas.
- Edit or delete any communication(s) posted on the
Website, regardless of whether such communication(s) violate
these standards.
PSU reserves the right to take any action it deems necessary to
protect the personal safety of our subscriber, users, guests or
the public. PSU has no liability or responsibility to users of the
Website or any other person or entity for performance or
nonperformance of any such action.
USER SUBMISSIONS
You agree to not upload or transmit any communications or content
of any type to the Public Areas (including message boards,
community postings, etc.) that infringe or violate any rights of
any party. By submitting communications or content to the Public
Areas or to PSU, 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 PSU by
e-mail, (including through the e-mail addresses listed on the
"Contact Us" link) any communication or content that infringes or
violates any rights of any party.
If you make any submission to a Public Area or if you
submit any business information, idea, concept or invention to PSU
by email, you automatically grant--or warrant that the owner of
such content or intellectual property has expressly granted--PSU 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. PSU 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 PSU by e-mail. We try to answer every e-mail in
a timely manner, but are not always able to do so.
PASSWORDS
PSU has structured access to the Website so that only subscribers,
users and guests with valid passwords will be admitted. You are
responsible for taking all reasonable steps to ensure that no
unauthorized person shall have access to your 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 PSU
account and password; (3) promptly inform PSU of any need to
deactivate a password. You grant PSU and all other persons or
entities involved in the operation of the Website the right to
transmit, monitor, retrieve, store, and use your information in
connection with the operation of the Website. PSU 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 PSU tools and services.
ADVERTISEMENTS, SEARCHES AND LINKS TO OTHER SITES
PSU may provide links to third-party websites. PSU also may select
certain websites as priority responses to search terms you enter
and PSU may agree to allow advertisers to respond to certain
search terms with advertisements or sponsored content. PSU does
not recommend and does not endorse the content on any third-party
websites. PSU is not responsible for the content of linked
third-party websites, websites framed within the Website,
third-party websites 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 websites. PSU does not endorse any product advertised on the
Website.
INDEMNITY
You agree to defend, indemnify, and hold PSU, 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.
JURISDICTION
You expressly agree that exclusive jurisdiction for any dispute
with PSU, or in any way relating to your use of the Website,
resides in the courts of the Commonwealth of Pennsylvania. You
further agree and expressly consent to the exercise of personal
jurisdiction in the courts of the Commonwealth of Pennsylvania in
connection with any such dispute including any claim involving PSU
or its affiliates, subsidiaries, employees, contractors, officers,
directors, telecommunication providers, licensors and content
providers.
These Terms are governed by the internal substantive laws
of the Commonwealth of Pennsylvania, without respect to its
conflict of laws or principles. If any provision of these Terms 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, which shall remain in
full force and effect. No waiver of any of these Terms shall be
deemed a further or continuing waiver of such term or condition or
any other term or condition.
COMPLETE AGREEMENT
Except as expressly provided in a particular "legal notice" on the
Website, these Terms and the PSU Privacy Policy (click here to
access the Privacy Policy) constitute the entire agreement between
you and PSU with respect to the use of the Website and Content.
GENERAL
PSU is based in Philadelphia, Pennsylvania, in the United States
of America. PSU makes no claims that the Content is 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 Website 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 these Terms
for any reason whatsoever: Limitation on Liability and Warranties,
User Submissions, Indemnity, Jurisdiction, and Complete Agreement.
CONTACT US
Questions or comments regarding this Website, including any
reports of non-functioning links, should be directed by electronic
mail to cns10@psu.edu,via U.S. mail to:
Dr. Christopher Sciamanna,
Penn State Milton S. Hershey Medical Center,
UPC-2 Suite 4100,
500 University Drive,
Hershey, PA 17033.
We try to answer e-mails in a timely manner but are not always able to do so.