Effective Date: 8/30/2016
This agreement contains warranty disclaimers and other provisions that limit our Web site visitors', registered users', and/or publishers' liability to you. Please read these terms and conditions carefully and in their entirety, as using, accessing and/or browsing the Site 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 Site immediately and do not use, access and/or browse the Site.
By entering the Site, 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.
We reserve the right to withdraw or amend this Site, and any service or material we provide on the Site, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Site is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Site, or the entire Site, to users, including registered users.
You are responsible for:
If you choose, or are provided with, a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Site or portions of it using your user name, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
The information, research, content, data, sources, statistics, illustrations, pictures, videos, social media posts/content, and opinions expressed in the Site are not necessarily the opinions of the registered users, visitors, bloggers/publishers, Advisors, advertisers, sponsors, and other affiliated parties and do not necessarily reflect the opinion of their employer(s). The Site is created and offered by Chronaly to share information, data, and knowledge about Chronaly for visitors, registered users, and other parties who have may have interest in Chronaly, what Chronaly is about, what Chronaly does, and so forth.
The information on the Site may be changed without notice and is not guaranteed to be complete, correct, timely, current or up-to-date. Similar to any printed materials, the Information may become out-of-date. The Site's Administrator, visitors, registered users, bloggers/publishers and so forth undertake no obligation to update any Information on the Site; provided, however, that the visitors, registered users, bloggers/publishers and so forth may update the Information at any time without notice at their sole and absolute discretion. The visitors, registered users, bloggers/publishers and so forth reserve the right to make alterations or deletions to the Information at any time without notice.
You are responsible for the content you use, you distribute to and/or post on this Site. You may not impersonate any other person through the Site. 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 use, distribute to and/or post content that infringes the intellectual property rights of any other person or entity. You may use, distribute to and/or 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 pertaining to and/or affiliated to the Site.
By using, submitting, distributing to and/or posting on this Site content and other information, you grant the Site's administrators, owners, public visitors and/or users, registered users, publishers/bloggers, and other affiliated parties and users of the Site the right to remove any content or comment that, in the Site's administrators, owners, public visitors and/or users, registered users, publishers/bloggers, and other affiliated parties and users of Site sole judgment, does not comply with the terms and conditions of this Agreement or is otherwise objectionable. You also grant the Site's administrators, owners, public visitors and/or users, registered users, publishers/bloggers, and other affiliated parties and users of the Site the right to modify, adapt, and edit any content, data, and information.
We are not responsible for the availability or content of other products and services that may be linked to our Site. Because we have no control over such products and services, you acknowledge and agree that we are not responsible for the availability of such external products and services, and that we do not endorse and are not responsible or liable for any content, accuracy, quality, advertising, products or other materials on or available from such services. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any content, goods or services available on or through such products and services.
The inclusion of third party advertisements, sponsorships, endorsements, and other marketing activities does not constitute an endorsement, guarantee, warranty, or recommendation of, and the Site's administrators, owners, public visitors and/or users, registered users, publishers/bloggers, and other affiliated parties and users make no representations and/or warranties about, any product or service contained therein.
The Site's administrators, owners, public visitors and/or users, registered users, publishers/bloggers, and other affiliated parties and users of this Site provide the Site with services, information, content and/or data (collectively, "Information") contained therein for informational purposes only. The Site's administrators, owners, public visitors and/or users, registered users, publishers/bloggers, and other affiliated parties and users do not and should not provide any medical advice on the Site, and the Information should not be so construed or used. Using, accessing and/or browsing the Site and/or providing personal or medical information to the Site's administrators, owners, public visitors and/or users, registered users, publishers/bloggers, and other affiliated parties and users do not create a physician-patient relationship between you and the Site's administrators, owners, public visitors and/or users, registered users, publishers/bloggers, and other affiliated parties and users of this Site. Nothing contained in the Site 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 (such as Registered Nurses, Nurse Practitioners, psychologists, psychiatrists, therapists, physicians, pharmacists, and so forth) licensed in your state. You should not rely on anything contained in the Site, and you should consult a physician or trained health professional licensed in your state in all matters relating to your health, your family's, and others that you care about. 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 Site.
You hereby acknowledge that nothing contained in the Site shall constitute financial, investment, legal and/or other professional advice and that no professional relationship of any kind is created between you and the administrators, owners, public visitors and/or users, registered users, publishers/bloggers, and other affiliated parties and users of this Site. 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 Site.
The Information made available at the Site 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 administrators, owners, public visitors and/or users, registered users, publishers/bloggers, and other affiliated parties and users of this Site make no warranty, representation or guaranty as to the content, sequence, accuracy, timeliness or completeness of the Information, that the Information may be relied upon for any reason or that the Information will be uninterrupted or error free or that any defects can or will be corrected.
Without limiting the generality of the foregoing, the administrators, owners, public visitors and/or users, registered users, publishers/bloggers, and other affiliated parties and users of this Site make no representations or warranties with respect to any Information offered or provided within or through the Site regarding treatment of medical conditions, developmental disability conditions, behavior disorder conditions, mental conditions, action(s), application(s) of medication, business management decision(s), and other comparable and relevant matters.
Under no circumstances, as a result of your use of the Site, will the administrators, owners, public visitors and/or users, registered users, publishers/bloggers, and other affiliated parties and users of this Site 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 administrators, owners, public visitors and/or users, registered users, publishers/bloggers, and other affiliated parties and users of this Site shall have absolutely no liability in connection with the Site for:
You agree to indemnify and hold harmless Chronaly.com and its affiliates, and their respective members, directors, officers, executives, advisors, managers, employees, shareholders, agents, and licensors, from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation by you of these Terms and Conditions or any breach by you of your representations and warranties hereunder. We reserve the right to take over the exclusive defense of any claim for which we are entitled to indemnification under this Section. In such event, you shall provide us with such cooperation as is reasonably requested by us.
Information, comments, opinions, and other statements expressed by the Site's administrators, owners, public visitors and/or users, registered users, publishers/bloggers, and other affiliated parties and users of this Site are theirs alone, not opinions of Chronaly.com. Content created by third parties is the sole responsibility of the third parties and its accuracy and completeness are not endorsed or guaranteed. You acknowledge that by providing you with the ability to view and distribute content through our Site, Chronaly.com is not undertaking any obligation or liability relating to the content. Chronaly.com and its affiliates, successors, assigns, employees, agents, directors, officers and/or shareholders do not undertake or assume any duty to monitor our site for inappropriate or unlawful. This Site and its affiliates, successors, assigns, employees, agents, advisers, directors, officers and/or shareholders assume no responsibility or liability which may arise from the content thereof, including, but not limited to, claims for defamation, libel, slander, infringement, invasion of privacy and publicity rights, obscenity, pornography, profanity, fraud, or misrepresentation. Notwithstanding the foregoing, this Site reserves the right to block or remove communications, postings or materials at any time in our sole discretion.
The Site is protected by United States copyright laws. The administrators and owners of this Site hereby reserves any and all intellectual property rights in the Site.
The Company name, the Company logo, and all related names, logos, product and service names, designs and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs and slogans on this Site are the trademarks of their respective owners.
The Site is intended for persons eighteen (18) years or older. Persons under the age of eighteen (18) should not access, use and/or browse the Site.
You agree to indemnify and hold the administrators, owners, public visitors and/or users, registered users, publishers/bloggers, and other affiliated parties and users of this Site 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 Site, (2) any violation of law that occurs by you through the Site, and/or (3) anything you do using the Site and/or the Information contained therein.
We may be legally compelled to disclose certain information. You agree that in the event we receive a subpoena issued by a court or from a law enforcement or government agency, we shall comply with such subpoenas without your consent or prior notice to you and may disclose your IP address, username, name, IP location or other information in response thereto.
Our Site (including all content, texts, comments, opinions, photographs, graphics, design, illustrations, forms, videos, and audio content contained on our Site) is protected by copyright as a collective work or compilation under the copyright laws of the United States and other countries, and we (subject to the rights of our licensors and licensees under applicable agreements, understandings and arrangements) have all rights therein. All blog posting, publications/articles, comments, opinions, design, illustrations, forms, videos, content and other elements comprising our Site are also copyrighted works, and we (subject to the rights of our licensors and licensees under applicable agreements, understandings and arrangements) have all rights therein. You must abide by all additional copyright notices or restrictions contained on our site.
By posting or submitting content on or to our Site (regardless of the form or medium with respect to such content, whether text, videos, opinions, blog postings, publications, articles, design, illustrations, photographs, audio or otherwise), you are giving us, and our affiliates, agents and third party contractors the right to display or publish such content on our Site and its affiliated digital properties/assets (either in the form submitted or in the form of a derivative or adapted work), to store such content, and to distribute such content and use such content for promotional and marketing purposes. Without limiting the generality of the foregoing, with respect to any video submissions to us made by you from time to time, you understand and agree that (unless you and we agree otherwise) we may, or may permit users to, based solely on functionality provided and enabled by our Site, compile, re-edit, adapt or modify your video submission, or create derivative works therefrom, either on a stand-alone basis or in combination with other video submissions, and (unless you and we agree otherwise) you shall have no rights with respect thereto and we or our licensees shall be free to display and publish the same (as so compiled, re-edited, adapted, modified or derived) for any period.
You shall be solely responsible for your own submissions and the consequences of posting, publishing, or distributing them. In connection with each of your submissions, you affirm, represent, and/or warrant that: (1) you own or have the necessary licenses, rights, consents, and permissions to use and authorize us to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all such submissions to enable inclusion and use of such submissions in the manner contemplated by us and these Terms and Conditions; and (2) you have the written consent, release, and/or permission of each and every identifiable individual person in such submissions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of such submissions in the manner contemplated by us and these Terms and Conditions. In furtherance of the foregoing, you agree that you will not: (1) submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant us all of the rights granted herein; (2) publish falsehoods or misrepresentations that could damage us or any third party; (3) submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; or (4) post advertisements or solicitations of business. We reserve the right to remove or not publish submissions without prior notice. You understand that when you submit content in any form to Chronaly.com we may authorize such content to be distributed or syndicated to or published on other Chronaly.com-branded environments.
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.
This Agreement and your use of the Site, along with the Information contained therein, shall be governed by and construed in accordance with the laws of the State of Delaware without regard to conflict of laws principles, and you agree to submit to the jurisdiction of courts in the State of Delaware. You further agree that any claims or causes of action arising out of or related to this Agreement and the Site, along with the 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.
You hereby acknowledge that this Agreement represents the entire understanding between you and the owner of the Site (Chronaly Inc.) concerning your use of the Site and the Information contained therein.
The owner (Chronaly Inc.) and administrators of the Site may, in the Site's 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 Site.
The owner's (Chronaly Inc.) and administrators' 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 Site and the information contained therein is made available by the owner (Chronaly Inc.) and administrators for educational purposes only and is not intended to provide medical advice, behavioral disorder advice, developmental disability advice, mental disorder advice, business advice, investment advice, and other advice and recommendations beyond the intended scope of offering by the Site. By accessing the Site, you understand and acknowledge that there is no physician-patient relationship between you and the Site administrators, owner(s), public visitors and/or users, registered users, publishers/bloggers, and other affiliated parties and users of this Site. You further acknowledge your understanding that the Site should not be used as a substitute for (1) competent medical advice from a licensed physician in your state or country, (2) competent licensed professional advice from qualified, capable licensed therapists, psychologists, counselors, consultants, advisors in your state or country, (3) substitute for Web sites and other digital or non-digital environments where qualified, reputable subject-matter-experts reside to provide specialized, expert medical or non-medical advice.
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