Terms & Conditions
Terms of Use
- Proper Use of Avacare Medical Q&A: In using our service, you agree that you will remain compliant with all applicable state, local, national, and international laws, rules and regulations. You also agree that you will not submit any questions, comments or answers that are deemed unlawful, harassing, abusive, defamatory, fraudulent, obscene, intended to advertise, intended to sell goods or services, harassing, or any otherwise objectionable content. You further agree to not submit any questions, answers, or comments that are designed to elicit responses that relate to any and all illegal activity or that infringe upon another party's intellectual property rights. You cannot use this service to reproduce, sell, use, edit, translate, publish, display, perform, post, transmit or distribute questions, comments or answers for any commercial or public purpose without the expressed written permission of Avacare Medical Q&A or Lumin Creative. Avacare Medical Q&A does not screen, filter, modify, or otherwise monitor the content of questions or comments in advance of initially posting or displaying that content on our service. We take no responsibility for content posted by a third party, and we furthermore have no obligation to monitor this third party content. Avacare Medical Q&A does however reserve the right to respond to or to use any questions, comments, or answers that violate any of the conditions listed above and to delete or edit any or all of the questions, comments, or answers on the site, in whole or in part, from this Service for any reason. Avacare Medical Q&A also reserves the right to refuse our service to any user at any time without notice and to remove any objectionable or personally identifiable information from any comments, questions, or answers in its Use of those questions and/or comments. Avacare Medical Q&A is not responsible or liable for exercising or not exercising its rights under this Agreement.
- User Information Confidentiality: All of the questions, comments, or answers that you submit and all interaction between users do not form the basis for a professional-client relationship. This includes but is not limited to relationships that fall under the following; physician-patient, therapist-patient, or attorney-client. They are also not subject to any standards or requirements of confidentiality which are associated with any of those relationships. Avacare Medical Q&A has the right to use, modify, edit, reproduce, translate, publish, display, post, perform, distribute, and transmit your questions, comments and answers without compensation to you for internal or external purposes, either alone or as part of other works in any media, form, or technology, whether now known or is developed hereafter and to sublicense such rights. Avacare Medical Q&A however, will not publicly disclose any of your questions, comments, or answers in a manner that directly associates them with you. This does not hold valid for instances where you include personally identifiable information in any question, answer, or comment and such question, answer or comment is used by Avacare Medical Q&A as it was provided)
- Not Professional Advice: The information that is provided by this service is not intended to be a substitute for informed professional advice in the following fields; Medical, Psychiatric, psychological, legal, accounting, tax, investment, or any other professional field. If you submit a question or an answer on the topic, we will assume that you are soliciting or sending general information and not for the purposes of professional advice. You should keep in mind that the ability to apply such information will vary substantially in different states or nations according to the individual circumstances surrounding the question, comment, or answer.
- No Warranty: The information provided by this service is provided "as is" and it has no warranty of any kind. You use this service at your own risk, the questions, comments, and answers is provided by and is therefore the responsibility of the person posting the information, not Avacare Medical Q&A.
- Limitation of Liability: Under no circumstances will Avacare Medical Q&A or users be liable to you for any indirect, incidental, special, consequential, or exemplary damages arising out of or in connection with the use of this service whether or not Avacare Medical Q&A or the users have been advised of the possibility of such damages. Under no circumstances or cases will Avacare Medical Q&A, Avacare Medical Q&A, or Users be liable to you for any amount for services rendered or information that has been provided. Your only remedy for such claims shall be the refund of fees actually paid by you to Avacare Medical Q&A for any instance of such services that gives rise to such a claim. To the extent that any question, comment or answer gives reference to any product, manufacturer, company, service or service provider, distributor, Avacare Medical Q&A disclaims any and all associations with, liability for or endorsement of such product, manufacturer, distributor, company, service or service provider.
- Release and Waiver: To the maximum possible extent permitted by applicable law, you hereby release, and waive all claims against Avacare Medical Q&A and their employees and agents from any and all liability for damages (actual and consequential), claims, costs and expenses (including litigation costs and attorneys' fees) of every kind and nature, arising out of or in any way connected to the use of this service.
- Hold Harmless and Indemnity: You agree to indemnify and hold harmless Avacare Medical Q&A and its employees, representatives, and agents from and against any and all third party claim that comes from or in any way relates to your use of this service. This includes any expense or liability that arises from all claims, damages (actual and consequential), losses, judgments, suits, litigation costs, and attorneys' fees, of every kind and nature. In such a case, Avacare Medical Q&A or the affected users will provide you with written notice of such a claim, action, or suit.
- No Assignment: You shall not assign this agreement or assign any rights or delegate any obligations whether voluntarily or by operation of law without the prior written consent of Avacare Medical Q&A. Any assignment or delegation by you without the written consent of Avacare Medical Q&A will be void and null and no force or effect, unless it is consented to by Avacare Medical Q&A.
- Relationship of Parties: Notwithstanding any provision hereof, for all the purposes of this agreement each party shall be and will act as an independent contractor and not as an agent, joint venture, partner, employee or employer of the other and shall not bind or attempt to bind the other party to any kind of contract.
- Miscellaneous: If any provision of the above agreement is held or recognized to be invalid or unenforceable, that provision shall be deemed superseded by a valid enforceable provision that most closely matches the intended communication of the original provision and the remaining provisions shall still be enforced.
