Terms of Use

Agreement for Use of This Service

Binding Agreement

Please read this Agreement carefully before accessing or using the Service (as defined below). By accessing this web site or using the Service, you agree to be bound by all of the terms and conditions of this Agreement.

All of the webpages related to the domains influenzamonitor.com and any other domain operated by or for Influenza Monitor, constitute an online information and internet site (the Service) provided by Influenza Monitor. Use of the Service is governed by the terms and conditions of this Agreement. Throughout this Agreement, Influenza Monitor may be referred to as “influenzamonitor.com,” we, or us.

Modifications

Please note that Influenza Monitor may change the terms of this Agreement at any time without notice and such changes will be effective on the date that such modified terms are posted on the Influenza Monitor web site at http://www.influenzamonitor.com. Access to or use of this web site after such changes have taken effect constitutes acceptance of all changes.

Please also note that at any time, without notice, Influenza Monitor reserves the right to terminate your access to this site.

Copyright and Trademarks

Text, graphics and HTML code are protected by U.S. and international copyright laws.

Nothing contained in this web site or this Agreement grants any right to use any of the marks without our prior written permission or that of the respective owner.

All materials on the Service are copyrighted by us and/or by other applicable rights holders, unless otherwise noted. 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).

Terms of Use

Influenzamonitor.com offers the Service for general informational and educational purposes only. Nothing related to the Service is intended as medical advice nor should it be used for diagnosis or treatment apart from consultation with a qualified healthcare professional. The Service is not intended to create any physician-patient relationship, nor should it be considered a replacement for consultation with a healthcare professional. If you have questions or concerns about your health, please contact your healthcare professional. Never disregard professional medical advice or delay in seeking it because of something you have read on our web site. IF YOU THINK YOU MAY HAVE A MEDICAL EMERGENCY, CALL YOUR DOCTOR OR 911 IMMEDIATELY. We do not recommend or endorse any specific tests, physicians, products, procedures, opinions, or other information that may be mentioned on the web site. Reliance on any information provided by or through the web site or other visitors to the web site is solely at your own risk.

You are responsible for taking all reasonable steps to ensure that no unauthorized person shall have access to your influenzamonitor.com passwords or accounts.

When using influenzamonitor.com public message boards, blog posts, and comments, you are solely responsible for your own communications, the consequences of posting those communications, and your reliance on any communications found in these areas public areas.

You agree that you will not upload any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or this web site.

It is strictly prohibited to upload, transmit or post material or media of any kind that contain expressions of hate, abuse, offensive images or conduct, obscenity, pornography, sexually explicit or any material that could give rise to any civil or criminal liability under applicable law or regulations or that otherwise may be in conflict with these Terms and Conditions.

Influenza Monitor reserves the right to review all media prior to submission to the site and to remove any media for any reason, at any time, without prior notice, at our sole discretion.

No Warranties

THE SERVICE AND ANY INFORMATION PROVIDED ON THE SERVICE ARE NOT INTENDED TO CONSTITUTE THE PRACTICE OF OR FURNISHING OF MEDICAL, NURSING, OR PROFESSIONAL HEALTH CARE ADVICE, DIAGNOSIS, CONSULTATION OR TREATMENT OR SERVICES IN ANY JURISDICTION. You should not assume that the Materials on this web site are continuously updated or otherwise contain current information. THE SITE IS DISTRIBUTED ON AN “AS IS” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE. WHILE Influenza Monitor HAS ENDEAVORED TO MAKE SURE THE INFORMATION CONTAINED IN THIS SITE IS ACCURATE, WE CANNOT GUARANTEE THE ACCURACY OF SUCH INFORMATION, AND IT IS PROVIDED WITHOUT WARRANTY OR GUARANTEE OF ANY KIND.

Limitation of Availability

We do not represent or warrant that this, or any site to which ours is linked, will be accessible or available on a timely basis, or that access to same will be uninterrupted or error free.

Limitation on Liability; Limited Remedies

YOU UNDERSTAND AND AGREE THAT IN NO EVENT SHALL WE OR ANY OF OUR AFFILIATES OR OUR OR OUR AFFILIATES’ OFFICERS, DIRECTORS, MEMBERS, MANAGERS, EMPLOYEES, AGENTS, REPRESENTATIVES, INFORMATION PROVIDERS, SUBCONTRACTORS OR LICENSORS BE LIABLE TO YOU OR ANY OTHER USER OF THE SERVICE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR ANY OTHER MONETARY OR OTHER DAMAGES, FEES, FINES, PENALTIES, LOSS OF REVENUE OR BUSINESS OR LIABILITIES ARISING OUT OF OR RELATING IN ANY WAY TO THIS SERVICE, OR SITES ACCESSED THROUGH THIS SERVICE, AND/OR CONTENT OR INFORMATION PROVIDED ON OR THROUGH THE SERVICE. YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SERVICE IS TO STOP USING THE SERVICE.

Links

Influenza Monitor is not affiliated or associated with sponsors of sites which hyperlink to or from any Influenza Monitor or other sites. The linked sites are not under the control of Influenza Monitor and Influenza Monitor is not responsible for the content of any linked site or any link contained in a linked site. Influenza Monitor reserves the right to terminate any link or linking program at any time. Influenza Monitor may provide links from this web site to other sites as a convenience to you and in no way should this be interpreted as an endorsement of any company, content, or products to which it links. If you decide to access any of the third party sites linked to this web site, you do this entirely at your own risk.

Indemnity

You agree to indemnify Influenza Monitor 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 your use of the Service, or any breach or violation of this Agreement or any other term or condition contained on the Service.

Governing Law;Jurisdiction

Influenza Monitor is the property of Network Informatics, which is based in Maryland, in the United States of America.

You expressly agree that exclusive jurisdiction for any dispute with Influenza Monitor, or in any way relating to your use of the Influenza Monitor Site, resides in the courts of the State of Maryland and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the State of Maryland in connection with any such dispute including any claim involving Influenza Monitor or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers, and content providers.

These Terms and Conditions are governed by the internal substantive laws of the State of Maryland, without respect to its conflict of laws principles. If any provision of these Terms and Conditions 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 and Conditions, which shall remain in full force and effect. No waiver of any of these Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or any other term or condition.

Contact Information

If you have any questions about these terms of use or the practices of this site, please contact our webmaster at staff@influenzamonitor.com.

Last Updated: December 22, 2004

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