Russell A. Faust, PhD, MD
Integrative ENT, Inc.
January 1, 2010
We promise to be nice.
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THIS AGREEMENT CONTAINS WARRANTY DISCLAIMERS AND OTHER PROVISIONS THAT LIMIT THE AUTHOR’S 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.
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MEDICAL ADVICE DISCLAIMER
The Author provides the Site and the services, information, content and/or data (collectively, “Information”) contained therein for informational purposes only. The Author does not provide any medical advice on the Site, and the Information should not be so construed or used as such. Using, accessing and/or browsing the Site and/or providing personal or medical information to the Author does not create a physician-patient relationship between you and the Author. 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 licensed in your state. The content on this site is meant to complement, not replace, sound medical advice from your physician. You should not rely on anything contained in the Site, and you should consult a physician licensed in your state in all matters relating to you and your child’s health. 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.
FINANCIAL, LEGAL AND OTHER ADVICE DISCLAIMER
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 Author. 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 Site is a personal educational blog written and edited by the Author (with occasional guest contributors), and does not represent the views of either employer(s) or client(s).
Any opinions of the Author on the Site are or have been rendered based on specific facts, under certain conditions, and subject to certain assumptions, and may not and should not be used or relied upon for any other purpose, including, but not limited to, for use in or in connection with any legal proceeding.
The Information 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. Even more than printed media, digital media are fluid and change daily, even hourly. The Author undertakes no obligation to update any Information on the Site; provided, however, that the Author may update the Information at any time without notice at the Author’s sole and absolute discretion. The Author reserves the right to make alterations or deletions to the Information at any time without notice.
I enjoy interacting with the community of readers of this Site, and expect value in having our community being able to sincerely interact without harassment. I love comments on blog sites. They are usually at least as important as the main blog postings in enhancing the community. To help ensure that comments enhance and not detract from this Site, and in the interest of transparency, the following provides a formal comment policy.
Comment Moderation: In order to maintain the integrity of the Site and its Content, all comments, trackbacks, and pingbacks made to the Site are moderated. This Site has a diverse audience with different sensibilities and opinions. Please be tolerant, be kind, “be excellent to one another.” Avoid harsh language and profanity. Flaming or use of threatening language will not be tolerated. No exceptions. If a comment meets any of the criteria listed here for removal, it will not be edited, it will be removed without attempt to contact its author to notify you of removal. Life is too short.
Comment Content: The Site is open to the public. Therefore, consider your comments carefully and do not include anything in a comment that you would like to keep private. Once your comment has been submitted, you are immortalized. Choose your words carefully: comments have the ability to build up or tear down your reputation. They are a permanent record of who you are and what you stand for. So be gracious, be kind, try to add value to the conversation and community, and “be excellent to one another.”
By uploading or otherwise making available any information to the Author in the form of user generated comments or otherwise, you grant the Author the unlimited, perpetual right to distribute, edit, display, publish, reproduce, reuse and copy the information contained therein.
You are responsible for the content you post. 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 post content that infringes the intellectual property rights of any other person or entity. You may not 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.
By submitting or posting content on the Site, you grant the Author and any company substantially under the control of the Author, the right to remove any content or comment that, in Author’s sole judgment, does not comply with the terms and conditions of this Agreement or is otherwise objectionable. You also grant the Author and any company substantially under the control of Author the right to modify, adapt, and edit any content.
Comment Format: The goal is to keep Comments under 200 well-chose words. Use paragraphs to separate key points, using white space to improve readability. Relevant links are encouraged.
Other Comment Etiquette: I will try to prevent having the Site used in ways that do not contribute value to this community. Please don’t view this as an opportunity to promote or advertise your website in our Blog Comments or Forum Comments. Comments that contain inappropriate links will be removed.
Special Vigilance Against Comment Spam: I take comment spam seriously and personally, and all IP addresses used for spamming will be reported to the internet blacklists, the ISPs/hosts for the offending domain will be notified, and the owner of the IP block will be notified of the problem. While comment spam continues to proliferate, I can and will do my part to help combat it.
Comment Email: Please use a valid email address when commenting on the blog. It will not be displayed unless you choose to type it in the body of your comment, and you will not be subscribed to any mailing lists by leaving a comment. If you use an invalid email address, or one that requires any type of human interaction to confirm that you are not a spammer, your comment will be removed. No exceptions.
Finally: Please DO leave comments. If all this seems intimidating, that is not the intent. (The intent is to maintain the integrity and quality of this Site for this community.) I am, and I feel that this community is, passionate about these topics, and we all want to share our thoughts and experiences. Please DO leave comments. Tell me what you want to hear more about. Tell everyone what has worked well for you, or what has failed miserably, in managing these disorders. Help us all learn from your failures and your triumphs.
From time to time this comment policy may be updated. So be sure to check back occasionally. Thanks.
THIRD PARTY LINKS AND ADVERTISEMENTS DISCLAIMER
This Site does not accept any form of cash advertising or sponsorship in return for topic insertions. The Author does not accept or keep free products, services, travel, event tickets, or other form of compensation from companies or organizations in return for topic insertions. Topics are selected on the basis of my experience with my own allergies and sinusitis, on my experience in clinics and in the operating room, and by request from y’all, the community of readers. This Site may accept paid advertisements that are generated by a third party ad network; these will be clearly identified as advertisements (hey, somebody needs to pay for this site). I assure you – I am not getting rich from this site (in my dreams). I will consider myself fortunate, and will be amazed, if these ads help me break even on the expenses of running this blog.
THE INCLUSION OF THIRD PARTY ADVERTISEMENTS DOES NOT CONSTITUTE AN ENDORSEMENT, GUARANTEE, WARRANTY, OR RECOMMENDATION OF, AND THE AUTHOR MAKES NO REPRESENTATIONS AND/OR WARRANTIES ABOUT, ANY PRODUCT OR SERVICE CONTAINED THEREIN.
DISCLAIMER OF ALL WARRANTIES
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 Author makes 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 Author makes no representations or warranties with respect to any Information offered or provided within or through the Site regarding treatment of medical conditions, action, or application of medication.
Under no circumstances, as a result of your use of the Site, will the Author 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 Author shall have absolutely no liability in connection with the Site for:
1. damages as a result of lost profits, loss of good will, work stoppage, failure of performance, delays in operation or transmission, nondelivery of information, deletions of files, mistakes, defects, errors, interruptions or computer failure or malfunction;
2. any loss or injury caused, in whole or in part, by the Author’s actions, omissions, or negligence, or for contingencies beyond the Author’s control, in procuring, compiling, or delivering the Information;
3. any errors, omissions, or inaccuracies in the Information regardless of how caused, or delays or interruptions in delivery of the Information; or
4. any decision made or action taken or not taken in reliance upon the Information.
RESERVATION OF INTELLECTUAL PROPERTY RIGHTS, COPYRIGHT
The Site is protected by United States copyright laws. The Author hereby reserves any and all intellectual property rights in the Site. Except where noted otherwise, ALL content of the Site, including images and text, are Copyright ©2010, and property of Russell A. Faust, PhD, MD, and Integrative ENT, Inc. This Site’s contents are available for reading, via feed or otherwise, when it comes directly from this site. Anyone who republishes content from this blog beyond “fair usage” (excerpts of 100-500 words) is violating copyright laws. Editing or removing the watermark on images is strictly prohibited and is defined as breech of intellectual property of Russell A. Faust and Integrative ENT, Inc. ANY usage of images from this site without prior written permission from me is violating copyright laws. Finally – ask, I might say yes. If time allows, and the topic is appropriate, I will be glad to contribute to other blogs.
CREDIT: Some medical clip art images are LifeART (and/or) MediClip images, copyright 2010 Lippincott Williams & Wilkins. All rights reserved.
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You agree to indemnify and hold the Author 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.
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.
GOVERNING LAW, CONSENT TO JURISDICTION AND LIMITATION ON CLAIMS
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 Michigan without regard to conflict of laws principles, and you agree to submit to the jurisdiction of courts in the State of Michigan. 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 Author concerning your use of the Site and the Information contained therein.
The Author may, in the Author’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 Author’s 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 AUTHOR FOR EDUCATIONAL PURPOSES ONLY AND IS NOT INTENDED TO PROVIDE MEDICAL ADVICE. BY ACCESSING THE SITE, YOU UNDERSTAND AND ACKNOWLEDGE THAT THERE IS NO PHYSICIAN-PATIENT RELATIONSHIP BETWEEN YOU AND THE AUTHOR. YOU FURTHER ACKNOWLEDGE YOUR UNDERSTANDING THAT THE SITE SHOULD NOT BE USED AS A SUBSTITUTE FOR COMPETENT MEDICAL ADVICE FROM A LICENSED PHYSICIAN IN YOUR STATE.