Terms of Use (TOU)


TERMS OF USE (TOU)
MNN: https://www.medically-no-nosense.com

 

Hereinafter, the “Web Site”: https://www.medically-no-nonsense.com is referred to as “MNN”.

YOU MUST READ “TERMS OF USE (TOU)” OF MNN IN ITS ENTIRETY. TERMS OF USE (TOU) OF MNN IS A PART OF MNN’S “LEGAL NOTICES”. WHEN YOU USE: (1) THE MNN WEBSITE, OR\AND (2) MNN SERVICES, OR\AND (3) MNN APPLICATIONS\APPS ON MOBILE OR STATIC DEVICES (COLLECTIVELY “MNN”) YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD AND AGREE TO BE BOUND BY THIS TERMS OF USE AND TERMS AND CONDITIONS CONTAINED IN ALL DOCUMENTS IN LEGAL NOTICES. BY ACCEPTING THE TERMS OF THIS AGREEMENT, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD AND AGREE TO BE BOUND BY ALL OF THE TERMS, CONDITIONS AND NOTICES CONTAINED IN THIS AGREEMENT AND ALSO TERMS AND CONDITIONS CONTAINED IN ALL DOCUMENTS IN LEGAL NOTICES.

1. INTRODUCTION

1.1 “Terms of Use (TOU)” is “Agreement” between you (the visitor\user\member of MNN) and Dr. J, LLC.,  ( or “MNN” or “Our” or “Us” or “Dr. J”) and govern our respective rights and obligations. Please note that your use of the MNN website is also governed by the agreements listed and linked to below, as well as all other applicable terms, conditions, limitations, and requirements under “Legal Notices”.

1.2. This page states the Terms and Conditions under which you may use MNN . Use of the words “MNN” or “Our” or “Us” herein, reflects the legal producers and owners of MNN. The owner of MNN is Dr. J, LLC. Please read this page carefully.

1.3. If you do not accept these Terms and Conditions wholly or in part, your only recourse is to terminate this Agreement and not use the MNN Web Site. By using this Web Site, you are indicating your acceptance to be bound by these Terms and Conditions. MNN may revise these Terms and Conditions at any time by posting an update to this page. You should visit this page periodically, because your continued use of the Web Site following the posting of changes to these Terms and Conditions will mean you accept those changes. The terms “you” and “user” as used herein refer to all individuals and/or entities accessing the Web Site for any reason.

2. LICENSE AND ACCESS

2.1. Subject to your compliance with these Terms and Conditions in this document and Legal Notices, and your payment of any applicable fees, and\or membership fees,  MNN or its content providers grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the MNN.

2.2. This license does not include any resale or commercial use of any MNN, or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of any MNN or its contents; any downloading or copying of account information for the benefit of yourself, or another individual or entity ; or any use of data mining, robots, or similar data gathering and extraction tools.

2.3. All rights not expressly granted to you in these Terms of Use are reserved and retained by MNN or its licensors, suppliers, publishers, rights holders, or other content providers.

2.4. No MNN Service, nor any part of any MNN Service, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of MNN.

2.5. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of MNN without express written consent.

2.6. You may not use any meta tags or any other “hidden text” utilizing MNN’s name or trademarks without the express written consent of MNN.

2.7. You may not misuse the MNN. You may use the MNN only as permitted by law.

2.8. The licenses granted by MNN terminate if you do not comply with these Terms of Use (TOU).

3. AGE RESTRICTION

3.1. This Web Site and other MNN branded Web Sites are intended for use by individuals of 18 years of age or older.

3.2. This website is not directed for use by children under the age of 18.

3.3. Users under the age of 18 should get the assistance of a parent or guardian to use this Web Site.

4. ACCEPTABLE USE

General Rules:

 4.1. You may not interfere with or disrupt this Web Site or services or networks connected to the Web Site, or disobey any requirements, procedures, policies, or regulations of networks connected to the MNN Web Site.

4.2. You may not use the Web Site in order to:

4.2.1. Transmit, distribute, store or destroy material in violation of any applicable law or regulation

4.2.2. In a manner that will infringe the copyright, trademark, trade secret or other intellectual property rights of others or violate the privacy, publicity or other personal rights of others.

4.2.3. Transmit, distribute, or store material that is defamatory, obscene, racially offensive, threatening, abusive, hateful or otherwise objectionable as determined by MNN at its sole discretion.

4.2.4. Impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity.

4.2.5. Interfere with or disrupt the web site or services or networks connected to the site, or disobey any requirements, procedures, policies, or regulations of networks connected to the site.

4.2.6. Collect or store personal data about other users of the Web Site.

 Security Rules:

4.3. You are prohibited from violating or attempting to violate the security of the MNN Web Site and from using the Web Site to violate the security of other web sites by any method, including, without limitation:

4.3.1. Accessing data not intended for you or logging into a server or account which you are not authorized to access

4.3.2. Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization

4.3.4. Attempting to interfere with service to any user of the web site, host or network, including, without limitation, via means of submitting a software virus or work to the web site, overloading, “flooding”, “spamming”, “mailbombing”, “crashing”, or “denial of service”

4.3.5. Sending unsolicited email, including promotions and/or advertising of products or services

4.3.6. Use any high volume, automated, or electronic means (including without limitation robots, spiders, scripts, or other automated device) to access this Web Site or monitor or copy our Web Site pages or its content

4.3.7. Allow, enable, or otherwise support the transmission of mass unsolicited, commercial advertising or solicitations via email (spam) that is any way related to this Web Site

4.3.8. Forging any MNN packet header or any part of the header information in any email or blog or newsgroup posting.

 Specific Prohibited Uses:

4.4. You agree not to use the MNN Web Site, for any of the following:

4.4.1. Distributing or otherwise publishing, without MNN’s approval, any material containing any solicitation of funds, promotion, advertising, or solicitation for goods or services;

4.4.2. Soliciting other users of the Web Site to join or become members of any commercial online service

4.4.3. Frame the Site, place popup windows over its pages, or otherwise affect the display of its pages.

4.4.4.Deleting or revising any material posted by any other person or entity.

 4.5. Violations of MNN system or network security may result in civil or criminal liability. MNN may investigate violations of these Terms and Conditions and may involve and cooperate with law enforcement authorities in prosecuting users of the Web Site who are involved in such violations.

 5. COPYRIGHT

5.1. All content included in or made available through MNN, such as text, graphics, logos, button icons, images, audio clips, videos, digital downloads, data compilations, all blog comments including third party blog comments, and other material (“Material”) is the property of J, LLC., or its licensors, and content suppliers and protected by United States and international copyright laws.

5.2. Unauthorized use of the Material may violate copyright, trademark and other laws. The use of the Material on any other web site or in a networked computer environment for any purpose is prohibited.

5.3. You may not copy or adapt the HTML or other code that MNN uses to generate its pages. This code is also protected by MNN’s

5.4. All individual articles, blogs, audios, videos, content and other elements comprising MNN 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.

5.5. If you are a copyright owner or agent thereof and believe that any of our content infringes upon your copyright, please read section “Reporting Claims of Copyright Infringement” in Copyright Policy of MNN.

5.6. More details on our copyright are at:  Copyright Policy of MNN:

 6. SUSPENSION OR TERMINATION OF USE

 6.1. We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, our site (or any part thereof) with or without notice. You agree that MNN shall not be liable to you or any third party for any such modification, suspension or discontinuance of our  Web Site.

6.2. In addition, we reserve the right to suspend or terminate your access to our site for any reason, and to take any other actions that MNN, in its sole discretion, believes to be in the interest of our company and of our users as a whole.

6.3. If you attempt to login more than 3 times or more continusously, your IP Address will be blocked to access and your account will be suspended for a period determined by our system.

6.4. We reserve the right to remove or not publish submissions without prior notice.

6.5. You understand that when you submit content in any form to MNN we may authorize such content to be distributed or syndicated to or published on other MNN environments.

7. PERPETUAL WORLDWIDE LICENSE

7.1. By posting messages or comments, or\and uploading files (text, audio, video),  or\and inputting data, or\and engaging in any other form of communications through MNN and its affiliates, you are granting MNN and its affiliated entities a royalty-free, perpetual, non-exclusive, unrestricted, worldwide license to:

7.1.1. Use, copy, sublicense, adapt, transmit, retransmit, distribute and/or publicly perform or display any such communication;

7.1.2. You grant MNN irrevocable permission to modify, copy, distribute, make derivatives, display or perform the commenter’s work publicly and free-of-charge for commercial, and\or non-commercial, and\or marketing, and\or advertising purpose(s).

7.1.3. Sublicense to third parties the unrestricted right to exercise any of the foregoing rights granted with respect to the communication.

 7.2. The foregoing grants shall include the right to exploit any proprietary rights in such communication, including but not limited to rights under copyright, trademark, service mark, patent laws or the law of ideas under any relevant jurisdiction.

8. COMMENT MODERATION POLICY

8.1. We  moderate comments at MNN based on the policy below.

8.2. Comment Moderation means (1) editing of one or more comments before or after publication at MNN, (2) not publishing one or more comments temporarily or permanently at MNN, (3) deleting from MNN one or more comments before or after publication.

8.3. MNN reserves the right moderate comments based on MNN’s sole discretion.

8.4. We moderate comments that include the following transgressions:

8.4.1. Comments that contain facts or opinions not related to blog (off-topic)

8.4.2. Comments that contain slurs, obscene, indecent, unprofessional or profane or foul language (abusive).

8.4.3. Comments that contain threats or defamatory statements.

8.4.4. Comments that contain sexually explicit comments, or\and pictures, or\and audio, or\and video (containing non-medical or unprofessional language).

8.4.5. Comments that contain hate speech directed at race, color, sex, sexual orientation, national origin, ethnicity, age, religion, or disability.

8.4.6. Comments that promote or endorse services or products for individuals or business entities (non-commercial links that are relevant to the topic or another comment are acceptable).

8.4.7. Comments that include ad hominem attacks (means responding to arguments by attacking a person’s character, rather than to the content of their arguments).

8.4.8. Comments that celebrate the death or illness of any person, public figure or celebrity or otherwise.

8.4.9. Comments that are uncompassionate or inconsiderate or impolite to sick individuals or animals.

8.4.10. Comments that contain implicit or explicit racist, sexist, homophobic and other slurs or swearings.

8.4.11. Comments that are solicitations and/or advertising for personal and business blogs and websites.
8,4.12. Comments that contain thread spamming (you’ve posted this same comment elsewhere on the site

8.4.13. Comments that are posted with the explicit intention of provoking other commentators or the staff of MNN. Trolling is prohibited on MNN. Trolling is online harassment. Troll is a person who sows discord on the Internet by starting arguments or upsetting people, by posting inflammatory, extraneous, or off-topic messages in an online community (such as a newsgroup, forum, chat room, or blog) with the deliberate intent of provoking readers into an emotional response or of otherwise disrupting normal on-topic discussion.

8.4.14. Any private and personal information posted in any comment will be deleted to protect the privacy of the commentator.

8.4.15. Comments containing content that may infringe the copyright or intellectual property rights of others or other applicable laws or regulations.

8.4.16. Comments using keywords, spam or splog-like URLs, or suspicious information in the comment form will be edited or deleted.

8.4.17. All trackbacks will be treated in line with our Comments Policy

8.5. MNN at their sole discretion reserves the right to cancel your membership and\or block you from visiting MNN, temporarily or permanently, without providing prior notice.

 9. CONTENT SUBMISSION RESPONSIBILITIES

 9.1. Responsibility for content posted in the blog posts, chat rooms, forums and other public areas on the MNN site lies with each user.

9.2. MNN does not endorse or guarantee the accuracy of any posting, regardless of the source.

9.3. All comments at MNN are the responsibility of the commentator, not the blog owner, administrator, contributor, editor, or author. By submitting a comment on our blog, you agree that the comment content is your own, and to hold MNN, and all subsidiaries and representatives harmless from any and all repercussions, damages, or liability.

9.4. You must comply with Comment Moderation Policy in Section 8 of TOU.

9.4. Spamming is not allowed at MNN. Any comment assumed to be possible comment spam will be deleted and marked as comment spam. Most spams are deleted automatically without staff of MNN looking at them.  DO NOT SPAM.

9.5. You agree not to post or transmit any defamatory, abusive, obscene, threatening or illegal material or any material that infringes on the intellectual property rights, privacy rights or other protected rights of others – including, but not limited to transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or international law.

9.6. You agree not to post sexually explicit comments, or\and pictures, or\and audio, or\and  video.

9.7. You agree not to post or transmit any information, software or other material that contains a virus or harmful component.

9.8. You agree not to post falsehoods or misrepresentations that could damage us or any third party;

9.9. You agree not to 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.

9.10. You agree not to post advertisements or solicitations (personal or business).

9.11. You must comply with Controlling the Assault of Non-Solicited Pornography And Marketing Act of 2003 (CAN-SPAM Act of 2003).  It may cost $16,000 per violation.

9.12. MNN complies with CAN-SPAM Act of 2003.

9.13. MNN reserves the right to deny access to anyone who MNN believes has violated these terms or any other terms of this Agreement..

9.14. If you post any health-related information about yourself or anyone else on the MNN Web Site, You do so at Your own risk. If you post health-related information, you will be placing it into the public domain and it will not be protected by any federal or state laws that protect the privacy of health information.

9.15. You agree not post any personally identifiable information such as, your address, phone number, email address, social security number, etc., in comments, or submitted material.

10. LINKS TO THIRD PARTY WEBSITES

10.1. MNN contains links to third party websites.

10.2. MNN does not warrant or make any representation about the substance, quality, functionality, accuracy, fitness for a particular purpose, merchantability or any other representation about any Third Party Site or its content. A link to a Third Party Site on MNN Web Site does not constitute sponsorship, endorsement, approval or responsibility for any Third Party Site.

10.3. MNN makes no representation or warranty as to any products or services offered on any Third Party Site. The conditions of use and privacy policy of any Third Party Site may differ substantially from the conditions of use and legal notices that apply to your use of the Site. Please review the conditions of use for all Third Party Sites for more information about the terms and conditions that apply to your use of Third Party Sites.

10.4. 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 services.

11. ACCOUNT AND PASSWORD

11.1. It is your responsibility for the safe keeping of your account details, user-id, and password.

11.2. Sharing of MNN account is prohibited.  We have IP  and user-behavior tracking technologies to detect sharing of account.

11.3.  In the event you are sharing your account, your account will be cancelled immediately.

12.  LOGIN ATTEMPTS

If you try to login more than 3 times consequtively, your account will be deactivated and\or your access will be blocked ranging from one to several days based on algorithm on our system.  You must email to support@medically-no-nonsense.com to regain access to MNN.

13. HEALTH KNOWLEDGE

13.1. MNN does not dispense “health or medical advice” or “prescriptions”.  MNN provides “health knowledge”.

13.2. You must seek medical or health advice from a licensed medical practitioner.

13.3. You agree to Health Advice Disclaimer (HAD) for all health information dispensed by MNN.

13.4. You agree to Health Advice Disclaimer (HAD) for all communication received from Dr. J under “Ask Dr. J Program”.

 14. DISCLAIMER OF WARRANTIES AND LIABILITIES

14.1. YOU AGREE THAT YOUR USE OF MNN WEB SITE IS AT YOUR SOLE RISK. IF YOU RELY ON  ANY MATERIAL AVAILABLE THROUGH MNN, YOU DO SO AT YOUR OWN RISK.

14.2. THE MATERIALS ON THIS SITE ARE PROVIDED TO YOU “AS IS” AND WITHOUT ANY WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. SPECIFICALLY, MNN AND ITS AFFILIATES, AGENTS AND LICENSORS CANNOT AND DO NOT WARRANT THE ACCURACY, COMPLETENESS, TIMELINESS, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE INFORMATION AVAILABLE ON OR THROUGH THE SITE. NOR DO THEY GUARANTEE THAT THE SITE WILL BE ERROR-FREE OR CONTINUOUSLY AVAILABLE OR THAT THE SITE, INCLUDING BULLETIN BOARDS OR THE SERVER THAT MAKES IT AVAILABLE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

14.3. MNN DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS ON THIS SITE OR IN THIRD-PARTY SITES OR YOUR RELIANCE THEREUPON IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY OR OTHERWISE. YOU, AND NOT MNN, ASSUME THE ENTIRE COST OF ALL NECESSARY MAINTENANCE, REPAIR OR CORRECTION. UNDER NO CIRCUMSTANCES SHALL MNN OR ITS AFFILIATES, AGENTS OR LICENSORS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES. THIS PROVISION INCLUDES, WITHOUT LIMITATION, ANY LIABILITY FOR CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE OR SIMILAR DAMAGES, EVEN IF WE ARE ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT THE LIABILITY OF MNN AND ITS AFFILIATES, AGENTS AND LICENSORS, IF ANY, ARISING OUT OF ANY KIND OF LEGAL CLAIM IN ANY WAY CONNECTED TO MNN SHALL NOT EXCEED THE AMOUNT YOU PAID TO MNN.

14.4. WE DO NOT MAKE ANY WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THOSE OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO OUR SITE OR ANY INFORMATION OR GOODS THAT ARE AVAILABLE OR ADVERTISED OR SOLD THROUGH OUR SITE. WE DO NOT MAKE ANY REPRESENTATIONS, NOR DO WE ENDORSE THE ACCURACY, COMPLETENESS, TIMELINESS OR RELIABILITY OF ANY ADVICE, OPINION, STATEMENT OR OTHER MATERIAL OR DATABASE DISPLAYED, UPLOADED OR DISTRIBUTED ON THIS SITE OR AVAILABLE THROUGH LINKS ON OUR SITE.

14.5. OUR SITE IS AVAILABLE “AS IS.” WE DO NOT WARRANT THAT OUR SITE WILL BE UNINTERRUPTED OR ERROR-FREE. THERE MAY BE DELAYS, OMISSIONS, INTERRUPTIONS AND INACCURACIES IN THE INFORMATION OR OTHER MATERIALS AVAILABLE THROUGH OUR SITE.

14.6. MNN AND ITS AFFILIATES, AND THEIR RESPECTIVE MEMBERS, DIRECTORS, OFFICERS, MANAGERS, EMPLOYEES, SHAREHOLDERS, AGENTS AND LICENSORS ARE NOT LIABLE FOR INCIDENTAL, INDIRECT, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, LOST REVENUES OR PROFITS, LOSS OF BUSINESS OR LOSS OF DATA, IN ANY WAY RELATED TO THIS SITE OR FOR ANY CLAIM, LOSS OR INJURY BASED ON ERRORS, OMISSIONS, INTERRUPTIONS OR OTHER INACCURACIES IN OUR SITE (INCLUDING, WITHOUT LIMITATION, AS A RESULT OF BREACH OF ANY WARRANTY OR OTHER TERM OF THESE TERMS AND CONDITIONS). ANY CLAIM AGAINST US SHALL BE LIMITED TO THE AMOUNT YOU PAID, IF ANY, FOR USE OF OUR SITE.

14.7. YOU UNDERSTAND THAT YOU ARE RESPONSIBLE FOR IMPLEMENTING SUFFICIENT PROCEDURES AND CHECKPOINTS TO SATISFY YOUR PARTICULAR REQUIREMENTS FOR ACCURACY OF DATA INPUT AND OUTPUT.

15. INDEMNIFICATION

15.1. You agree to indemnify and hold harmless MNN, its parents, affiliates, licensees and their respective directors, officers, employees and agents from and against all liabilities, claims damages and expenses, including attorneys’ fees, arising out of your use of the MNN Web Site, or your violation or alleged violation of the terms of this Agreement.

 16. CHOICE OF LAW

16.1. This Agreement shall be governed by and construed in accordance with the laws of the State of Delaware without giving effect to any principles of conflicts of law. If any provision of this Agreement is deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions.

17. DISPUTES AND BINDING ARBITRATION

17.1. If you believe that MNN has not complied with this Agreement, or if you have any other complaint, you may send a written notice of complaint by email to: legal@medically-no-nonsense.com.The email should be sent with options: “Request a Delivery Receipt” and “Request a Read Receipt”.

17.2 In the event of any dispute you must first contact MNN at: legal@medically-no-nonsense.com for mutual settlement.  The email should be sent with options: “Request a Delivery Receipt” and “Request a Read Receipt”. You must allow 60-days from the date of email submission for mutual settlement.

17.3. ALL PARTIES AGREE TO  BINDING ARBITRATION CLAUSE AND CLASS ACTION WAIVER.

17.4. All disputes between you and MNN will be resolved by binding arbitration.  You thus give up your right to litigate disputes with us in court.  Disputes will be decided by a neutral arbitrator and not a judge or jury.

17.5. To settle disputes, both parties agree to submit to American Arbitration Association seated in Atlanta, Georgia or Atlanta International Arbitration Society (ATLAS), seated in Atlanta, Georgia.

18. MODIFICATIONS

18.1. We reserve the right to change the Terms and Conditions in this document and documents contained in Legal Notices at any time without prior notice.  Such modifications shall be effective immediately upon posting the modified terms and conditions on MNN.

18.2. You agree to review the agreement periodically to be aware of such modifications, and your accessing or using the service constitutes your acceptance of the agreement as it appears at the time of your access or use.

18.3. IF ANY MODIFICATION IS UNACCEPTABLE TO YOU, YOUR ONLY RECOURSE IS TO TERMINATE THIS AGREEMENT AND NOT USE MNN WEB SITE.

18.4. The most current version of these Terms and Conditions can be viewed at any time at MNN.

18.5. Date of last revision of Terms of Use (TOU):  December 15, 2014.