Terms and Conditions of Use
PLEASE READ THESE TERMS
AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE. ALL ACCESS TO AND USE
OF THIS SITE IS GOVERNED BY THESE TERMS.
By using this site, you signify your assent to these Terms and Conditions. If you do not agree to all of these Terms and Conditions of use, do not use this site!
[pointclickcares.com] ("PCC") may revise and update these Terms and Conditions at any time. Your continued usage of the PCC website ("PCC Site," or the "Site,") will mean you accept those changes.
The Site Does Not Provide Medical Advice.
The contents of the PCC
Site, such as text, graphics, images, information obtained from PCC's
licensors, and other material contained on the PCC Site ("Content")
are for informational purposes only. The Content is not intended to be a
substitute for professional medical advice, diagnosis, or treatment. Always
seek the advice of your physician or other qualified health provider with any
questions you may have regarding a medical condition. Never disregard
professional medical advice or delay in seeking it because of something you
have read on the PCC Site!
If you think you may have a medical emergency, call your doctor or 911 immediately. PCC does not recommend or endorse any specific tests, physicians, products, procedures, opinions, or other information that may be mentioned on the Site. Reliance on any information provided by PCC, PCC employees, others appearing on the Site at the invitation of PCC, or other visitors to the Site is solely at your own risk.
We are committed to protecting the privacy of children. You should be aware that this Site is not intended or designed to attract children under the age of 13. We do not collect personally identifiable information from any person we actually know is a child under the age of 13.
Use of Materials
All materials posted on
this site are protected by the copyright laws in the United States and in
foreign countries. PCC authorizes you to view or download a single copy of the
material on the PCC Site solely for your personal, noncommercial use if you
include the copyright notice located at the end of the material, for example:
"©2018, PCC. All rights reserved" and other copyright and proprietary
rights notices that are contained in the Content. Any special rules for the use
of certain software and other items accessible on the PCC Site may be included
elsewhere within the Site and are incorporated into these Terms and Conditions
Title to the materials remains with PCC or its licensors. Any use of the materials not expressly permitted by these Terms and Conditions is a breach of these Terms and Conditions and may violate copyright, trademark, and other laws. Content and features are subject to change or termination without notice in the editorial discretion of PCC. All rights not expressly granted herein are reserved to PCC and its licensors.
If you violate any of these Terms and Conditions, your permission to use the materials automatically terminates and you must immediately destroy any copies you have made of any portion of the materials.
Liability of PCC and Its Licensors
The use of the PCC Site
and the Content is at your own risk.
All information provided on this website is subject to change without notice.
When using the PCC Site, information will be transmitted over a medium that may be beyond the control and jurisdiction of PCC and its suppliers. Accordingly, PCC assumes no liability for or relating to the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the PCC Site.
The PCC Site and the content are provided on an "as is" basis. PCC, ITS LICENSORS, AND ITS SUPPLIERS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES' RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE. Without limiting the foregoing, PCC, its licensors, and its suppliers make no representations or warranties about the following:
The accuracy, reliability, completeness, currentness, or timeliness of the Content, software, text, graphics, links, or communications provided on or through the use of the PCC Site or PCC.
The satisfaction of any government regulations requiring disclosure of information on prescription drug products or the approval or compliance of any software tools with regard to the Content contained on the PCC Site.
In no event shall PCC, its licensors, its suppliers, or any third parties mentioned on the PCC Site be liable for any damages (including, without limitation, incidental and consequential damages, personal injury/wrongful death, lost profits, or damages resulting from lost data or business interruption) resulting from the use of or inability to use the PCC Site or the Content, whether based on warranty, contract, tort, or any other legal theory, and whether or not PCC, its licensors, its suppliers, or any third parties mentioned on the PCC Site are advised of the possibility of such damages. PCC, its licensors, its suppliers, or any third parties mentioned on the PCC Site shall be liable only to the extent of actual damages incurred by you, not to exceed U.S. $1000. PCC, its licensors, its suppliers, or any third parties mentioned on the PCC Site are not liable for any personal injury, including death, caused by your use or misuse of the Site, Content, or Public Areas (as defined below). Any claims arising in connection with your use of the Site, any Content, or the Public Areas must be brought within one (1) year of the date of the event giving rise to such action occurred. Remedies under these Terms and Conditions are exclusive and are limited to those expressly provided for in these Terms and Conditions.
extent there is an inconsistency between this Agreement and the PCC Privacy
Policy, this Agreement shall govern.
If you make any such submission you agree that you will not send or transmit to PCC by email, (including through the email address listed on the "Contact Us" page) any communication or content that infringes or violates any rights of any party. If you submit any business information, idea, concept or invention to PCC by email, you agree such submission is non-confidential for all purposes.
If you make any submission to a Public Area or a Social Media Platform or if you submit any business information, idea, concept or invention to PCC by email, you automatically grant-or warrant that the owner of such content or intellectual property has expressly granted-PCC a royalty-free, perpetual, irrevocable, world-wide nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, and display the communication or content in any media or medium, or any form, format, or forum now known or hereafter developed. PCC may sublicense its rights through multiple tiers of sublicenses. If you wish to keep any business information, ideas, concepts or inventions private or proprietary, do not submit them to the Public Areas or Social Media Platforms or to PCC by email. We try to answer every email in a timely manner, but are not always able to do so.
User Submissions — Image, Video, Audio Files
You agree to only post
or upload media (like photos, videos or audio) on the PCC site or a Social
Media Platform that you have taken yourself or that you have all rights to
transmit and license and which do not violate trademark, copyright, privacy or
any other rights of any other person. Photos or videos of celebrities and
cartoon or comic images are usually copyrighted by the owner.
To protect your privacy, you agree that you will not submit any media that contains Personally Identifiable Information (like name, phone number, email address or web site URL) of you or of anyone else. Uploading media like images or video of other people without their permission is strictly prohibited.
By uploading any media on the PCC site or a Social Media Platform, you warrant that you have permission from all persons appearing in your media for you to make this contribution and grant rights described herein. Never post a picture or video of or with someone else unless you have their explicit permission.
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.
By uploading any media on the PCC site or a Social Media Platform like a photo or video, (a) you grant to PCC a perpetual, non-exclusive, worldwide, royalty-free license to use, copy, print, display, reproduce, modify, publish, post, transmit and distribute the media and any material included in the media; (b) you certify that any person pictured in the submitted media (or, if a minor, his/her parent/legal guardian) authorizes PCC to use, copy, print, display, reproduce, modify, publish, post, transmit and distribute the media and any material included in such media; and (c) you agree to indemnify PCC and its affiliates, directors, officers and employees and hold them harmless from any and all claims and expenses, including attorneys' fees, arising from the media and/or your failure to comply with these the terms described in this document.
PCC 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.
PCC Community and Member to Member Areas ("Public Areas") and Social Media Platforms
If you use a Public
Area, such as message boards, blogs, Ask Our Expert, User Reviews or other
member communities, or post on any Social Media Platform, you are solely responsible
for your own communications, the consequences of posting those communications,
and your reliance on any communications found in the Public Areas or on the
Social Media Platforms. PCC and its licensors are not responsible for the
consequences of any communications in the Public Areas or on Social Media
Platforms. In cases where you feel threatened or believe someone else is in
danger, you should contact your local law enforcement agency immediately. If
you think you may have a medical emergency, call your doctor or 911
In consideration of being allowed to use the Public Areas and Social Media Platforms, you agree that the following actions shall constitute a material breach of these Terms and Conditions:
PCC Reserves the Right (but is Not Obligated) to Do Any or All of the Following:
Advertisements, Searches, and Links to Other Sites
PCC may provide links to third-party web sites. PCC also may select certain sites as priority responses to search terms you enter and PCC may agree to allow advertisers to respond to certain search terms with advertisements or sponsored content. PCC does not recommend and does not endorse the content on any third-party websites. PCC is not responsible for the content of linked third-party sites, sites framed within the PCC Site, third-party sites provided as search results, or third-party advertisements, and does not make any representations regarding their content or accuracy. Your use of third-party websites is at your own risk and subject to the terms and conditions of use for such sites. PCC does not endorse any product, service, or treatment advertised on the PCC Site.
You agree to defend, indemnify, and hold PCC, its officers, directors, employees, agents, licensors, and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of these Terms and Conditions.
PCC makes no claims
that PCC, or any Site within the PCC Network and the Content are appropriate or
may be downloaded outside of the United States. Access to the Content may not
be legal by certain persons or in certain countries. If you access the PCC
Network from outside the United States, you do so at your own risk and are
responsible for compliance with the laws of your jurisdiction.
The following provisions survive the expiration or termination of this Agreement for any reason whatsoever: Liability, User Submissions, User Submissions – image, video, audio files, Indemnity, Jurisdiction, and Complete Agreement.
You expressly agree
that exclusive jurisdiction for any dispute with PCC, or in any way relating to
your use of the PCC Site, resides in the courts of the State of California and
you further agree and expressly consent to the exercise of personal
jurisdiction in the courts of the State of California in connection with any
such dispute including any claim involving PCC or its affiliates, subsidiaries,
employees, contractors, officers, directors, telecommunication providers, and
These Terms and Conditions are governed by the internal substantive laws of the State of California, 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.
Notice and Takedown Procedures; and Copyright Agent
If you believe any materials accessible on or from the Site infringe your copyright, you may request removal of those materials (or access thereto) from this web site by contacting PCC’s e-mail (firstname.lastname@example.org) and providing the following information:
In an effort to protect the rights of copyright owners, PCC maintains a policy for the termination, in appropriate circumstances, of subscribers and account holders of the Site who are repeat infringers.
Except as expressly
provided in a particular "legal notice" on the PCC Site, these Terms
between you and PCC with respect to the use of the PCC Site, and Content.
Thank you for your cooperation. We hope you find the PCC Site helpful and convenient to use! Questions or comments regarding this website, including any reports of non-functioning links, should be submitted using our Contact Email (email@example.com).
Last updated on April 22, 2019