Disclaimer & Terms of Use * EarNoseThroatSpecialist.com

Disclaimer and Terms of Use for EarNoseThroatSpecialist.com

Terms of Use

This agreement (the "Agreement") is entered into by and between you ("you") and Vital Element, Inc. regarding your use of all aspects of Vital Element's "EarNoseThroatSpecialist.com" (the "Service"). By using the Service, you consent to be bound by these terms and conditions as well as Vital Element's general Terms of Service and Privacy Statement (available below).

Rights Associated with the Service. The Service is designed to help you find news information that resides on sites not owned or controlled by Vital Element or EarNoseThroatSpecialist.com. In particular, the Service provides brief descriptions of news stories to help you identify the stories of interest to you. When you select a story, you will be linked to the news site on which that story appears. Vital Element owns and retains all intellectual property rights to the Service; but Vital Element does not claim ownership rights to the full news stories, which are instead held by the sites to which the Service links.

Use of the Service. You may only display the content of the Service for your own personal use (i.e., non-commercial use) and may not otherwise copy, reproduce, alter, modify, create derivative works, or publicly display any content. For example, you may not use the Service to sell a product or service; use the Service to increase traffic to your Web site for commercial reasons, such as advertising sales; take the results from the Service and reformat and display them, or use any robot, spider, other device or manual process to monitor or copy any content from the Service. If you are uncertain whether your intended use of the Service is permissible, please contact us. In addition, Vital Element shall have the right in its sole discretion to suspend or terminate the Service or your access to it.

Modifications of Terms. Vital Element shall have the right to modify the terms of this Agreement at any time, which modification shall be effective immediately upon posting. Accordingly, we suggest that you check this page periodically.

Miscellaneous. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be deemed superseded by a valid enforceable provision that most closely matches the intent of the original provision and the remaining provisions shall be enforced. Vital Element's failure to act with respect to a breach by you or others does not waive Vital Element's right to act with respect to subsequent or similar breaches. The failure of Vital Element to exercise or enforce any right or provision of these terms and conditions shall not constitute a waiver of such right or provision. This agreement shall be interpreted in accordance with the laws of the State of Michigan.

Terms

VITAL ELEMENT WELCOMES YOU TO OUR WEB SITE EARNOSETHROATSPECIALIST.COM WE ASK THAT YOU READ THE FOLLOWING TERMS OF USE, WHICH CONSTITUTE A LICENSE THAT COVERS YOUR USE OF THIS SITE AND ANY RELATED SITES, AND SHALL GOVERN ANY TRANSACTIONS THAT YOU ENGAGE IN THROUGH THIS SITE OR ANY RELATED SITES ("AGREEMENT"). BY ACCESSING, VIEWING, OR USING THIS SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND, AND AGREE WITH THESE TERMS. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS, PLEASE DO NOT USE THIS SITE.

USE OF SITE
This Web site is provided solely for the entertainment purposes. VItal Element is not responsible for the content aggregated on this site from its varous sources. The content is not reviewed and is not originated on this site.

SITE CONTENTS AND OWNERSHIP
The information contained on this site, including all images, designs, photographs, writings, graphs, data, and other materials ("Materials") are the property of VITAL ELEMENT and are protected by copyrights, trademarks, trade secrets, or other proprietary rights unless they are covered by the source of the feed source. This material shall not be used for any purpose other than authorized in this Agreement or by the written consent of VITAL ELEMENT. You must retain all copyright and other proprietary notices on all copies of the Contents. You shall comply with all copyright laws worldwide in your use of this Web site and prevent unauthorized copying of the Contents. Except as provided in this Notice, VITAL ELEMENT does not grant you any express or implied right in or under any patents, trademarks, copyrights, or trade secret information.

DISCLAIMER OF WARRANTY
The information on this web site does not constitute medical advice or endorsement of a particular supplier or vendor. Listing of a physician, entity or service on this site is not a warranty by VITAL ELEMENT of the quality or efficacy of care, products or services furnished by that physician, entity or service. You expressly agree that use of this Web site is at your sole risk. Neither VITAL ELEMENT, its affiliates, nor any of their officers, directors, employees, agents, third-party content providers, or licensors (collectively, "Providers"), or the like, warrant that this site will be uninterrupted or error-free; nor do they make any warranty as to the results that may be obtained from the use of this site, or as to the accuracy, completeness, reliability, security, or currency of the Materials.
The Materials may contain errors, omissions, inaccuracies, or outdated information. Further, VITAL ELEMENT does not warrant reliability of any statement or other information displayed or distributed through the site. VITAL ELEMENT reserves the right, in its sole discretion, to correct any errors or omissions in any portion of the site. VITAL ELEMENT may make any other changes to this site, the Materials and the products, programs, services, or prices (if any) described in this site at any time without notice.

THIS SITE AND THE INFORMATION, CONTENT, AND MATERIALS ON THIS SITE ARE PROVIDED ON AN "AS IS," "WHERE IS," AND "WHERE AVAILABLE" BASIS. VITAL ELEMENT MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE, THE CONTENT, INFORMATION, OR THE MATERIALS ON THIS SITE. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, VITAL ELEMENT EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND, WITH RESPECT TO ANY OF THE MATERIALS, CONTENT, OR INFORMATION ON THIS SITE OR ANY GOODS OR OTHER PRODUCTS OR SERVICES OFFERED, SOLD, OR DISPLAYED ON THIS SITE OR YOUR USE OF THIS SITE GENERALLY, INCLUDING WARRANTIES OF MERCHANTABILITY, ACCURACY OF INFORMATION, QUALITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO THE EXTENT SUCH JURISDICTION'S LAW APPLIES TO THIS AGREEMENT.

LIMITATION OF LIABILITIES
YOU AGREE THAT VITAL ELEMENT AND ITS PROVIDERS SHALL NOT BE LIABLE FOR ANY DAMAGE, LOSS, OR EXPENSE OF ANY KIND ARISING OUT OF OR RESULTING FROM YOUR POSSESSION OR USE OF THE MATERIALS, CONTENT, OR INFORMATION ON THIS SITE REGARDLESS OF WHETHER SUCH LIABILITY IS BASED IN TORT, CONTRACT, OR OTHERWISE. IN NO EVENT, INCLUDING, WITHOUT LIMITATION, A NEGLIGENT ACT, SHALL VITAL ELEMENT OR ANY OF ITS PROVIDERS BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, LOSS OR CORRUPTION OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR INTERRUPTION OF BUSINESS), ARISING OUT OF OR IN ANY WAY RELATED TO THE MATERIALS, CONTENT, OR INFORMATION ON THIS SITE OR ANY OTHER PRODUCTS, SERVICES, OR INFORMATION OFFERED, SOLD, OR DISPLAYED ON THIS SITE, YOUR USE OF, OR INABILITY TO USE, THIS SITE GENERALLY, OR OTHERWISE IN CONNECTION WITH THIS AGREEMENT, REGARDLESS OF WHETHER VITAL ELEMENT OR ANY OF ITS PROVIDERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES DO NOT ALLOW THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

INDEMNIFICATION
You agree to indemnify, defend, and hold harmless VITAL ELEMENT, its affiliates, agents, employees, and licensors from and against any and all claims and expenses, including reasonable attorney fees, arising out of or related in any way to your use of the site, violation of this Agreement, violation of any law or regulation, or violation of any proprietary or privacy right.

PRIVACY POLICY
VITAL ELEMENT's Privacy Policy governing the use of information that VITAL ELEMENT obtains from you through your use of this Web site is as follows: Vital Element will not share any information you provide us through this web site with any other entity without your consent. However, you should not transmit Personal Health Information ("PHI") as defined in the HIPAA regulations. Although VITAL ELEMENT takes certain precautions to protect information transmitted to it through this web site, VITAL ELEMENT cannot guarantee or warrant that such information will not be accessed by unauthorized users or kept confidential by any authorized user. VITAL ELEMENT shall not be liable for the transmission by you of any PHI or other personal information, and any information provided is done at your own risk. If you need to transmit PHI to a physician or patient, it should be done directly with the physician or patient, and not through this web site.

LIMITATIONS ON CLAIM
Any cause of action you may have with respect to your use of this site must be commenced within one (1) year after the claim or cause of action arises.

TERM AND TERMINATION
Without limiting its other remedies, VITAL ELEMENT may immediately discontinue, suspend, terminate, or block your and any user's access to this site at any time in our sole discretion.

HYPERLINK DISCLAIMERS
As a convenience to you, we may provide on this site rss feed content/information and links to Web sites operated by other entities (collectively the "Linked Sites"). If you use any Linked Sites, you will leave this site. If you decide to visit any Linked Site, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses or other destructive elements. Linked Sites and their associated rss feed content, regardless of the linking form (e.g., hotlinks, hypertext links, IMG links, rss content blocks) are not maintained, controlled, or otherwise governed by VITAL ELEMENT. The content, accuracy, opinions expressed, and other links provided by Linked Sites are not investigated, verified, monitored, or endorsed by VITAL ELEMENT. VITAL ELEMENT does not endorse, make any representations regarding or warrant any information, goods, and/or services appearing and/or offered on any Linked Site, other than linked information authored by VITAL ELEMENT. Links do not imply that VITAL ELEMENT or this site sponsors, endorses, is affiliated or associated with, or is legally authorized to use any trademark, trade name, logo, or copyright symbol displayed in or accessible through the links, or that any Linked Site is authorized to use any trademark, trade name, logo or copyright symbol of VITAL ELEMENT or any of its affiliates or subsidiaries. Except for links to information authored by VITAL ELEMENT, VITAL ELEMENT is neither responsible for nor will it be liable under any theory based upon (i) any Linked Site; (ii) any information and/or content found on any Linked Site; or (iii) any site(s) linked to or from any Linked Site. If you decide to visit any Linked Sites and/or transact any business thereon, you do so at your own risk. VITAL ELEMENT reserves the right to discontinue any Linked Site at any time without prior notice. Please contact the Web masters of any Linked Sites concerning any information, goods, and/or services appearing thereon.

CONTROLLING LAW, JURISDICTION AND INTERNATIONAL USERS
This Agreement is governed by and shall be construed in accordance with the laws of the State of Michigan, U.S.A., without reference to its conflicts of laws provisions. VITAL ELEMENT makes no representation that the materials are appropriate or available for use outside the United States. If you access this site from outside the United States, you will be responsible for compliance with all local laws. You agree to comply with all laws and regulations applicable to your use of this site. You agree to submit to the personal and exclusive jurisdiction of the state or federal courts located within MuskegonCounty, Michigan for any disputes with VITAL ELEMENT arising out of your use of this site.

ENTIRE AGREEMENT
This Agreement constitutes the entire agreement between VITAL ELEMENT and you with respect to this Web site, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and VITAL ELEMENT with respect to this Web site. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. If for any reason a court of competent jurisdiction finds any provision of this Agreement or portion thereof to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of this Agreement, and the remainder of this Agreement shall continue in full force and effect. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.

MODIFICATIONS TO AGREEMENT
We may revise this Agreement at any time and you agree to be bound by the revised Agreement. Any such modifications will become effective upon the date they are first posted to this site. It is your responsibility to return to this Agreement from time to time to review the most current terms and conditions. VITAL ELEMENT does not and will not assume any obligation to notify you of changes to this Agreement.

ELECTRONIC COMMUNICATIONS AND ELECTRONIC SIGNATURES
You agree to be bound by any affirmation, assent, or agreement you transmit through this Web site, including but not limited to any consent you give to receive communications from VITAL ELEMENT solely through electronic transmission. You agree that when in the future you click on an "I agree," "I consent," or other similarly worded "button" or entry field with your mouse, keystroke, or other computer device, your agreement or consent will be legally binding and enforceable and the legal equivalent of your handwritten signature.