TERMS AND CONDITIONS OF USE
Acceptance of Terms
About the Site
It is important to note that the timeliness and accuracy of any or all of the Content (as hereinafter described) is not guaranteed. You are encouraged to independently confirm the Information contained herein with other sources and to seek the advice of a qualified physician.
The Site Does Not Provide Medical Advice
You acknowledge that (i) the contents of the Site (including any item or information provided in direct response to your questions), such as text, graphics, images, information, data, suggestions or guidance, and (ii) any information that you obtain or receive from employees, contractors, partners, sponsors, advertisers, licensors or otherwise (collectively, (i) and (ii), the “Content”) are for informational purposes only. The use of the Site or Content does not create a medical professional/patient relationship, and does not constitute an opinion, medical advice, or diagnosis or treatment of any particular condition. In addition, no information posted on the Site and/or provided to clients in reports and other materials constitutes legal advice. You should seek legal advice from a duly licensed attorney before making any decisions relating to legal matters.
THE CONTENT IS NOT INTENDED TO BE A SUBSTITUTE FOR, NOR DOES IT REPLACE, 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 SITE.DO NOT USE THE SITE FOR EMERGENCY MEDICAL NEEDS. IF YOU BELIEVE THAT YOU ARE EXPERIENCING A MEDICAL EMERGENCY CALL 911. YOUR USE OF CONTENT PROVIDED ON THE SITE IS SOLELY AT YOUR OWN RISK. NOTHING STATED OR POSTED ON THE SITE IS INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, THE PRACTICE OF MEDICINE OR THE PROVISION OF MEDICAL CARE.
Job Haines does not recommend or endorse any specific tests, physicians, products, procedures, opinions, or other Content on the Site.
No Medical Professional/Patient Relationship
NO MEDICAL PROFESSIONAL/PATIENT RELATIONSHIP IS CREATED BY USING THE SITE.
WE MAKE NO GUARANTEES, REPRESENTATIONS OR WARRANTIES, WHETHER EXPRESSED OR IMPLIED, WITH RESPECT TO PROFESSIONAL QUALIFICATIONS, EXPERTISE, QUALITY OF WORK OR OTHER CONTENT HEREIN. FURTHER WE DO NOT IN ANY WAY ENDORSE ANY INDIVIDUAL DESCRIBED HEREIN. IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE ON ANY CONTENT AND YOU HEREBY WAIVE ANY SUCH CLAIM THAT YOU MAY HAVE AGAINST JOB HAINES, ITS AFFILIATES AND ITS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, OFFICERS, MEMBERS, MANAGERS, SHAREHOLDERS, EMPLOYEES, CONTRACTORS, REPRESENTATIVES OR AGENTS (EACH, A “REPRESENTATIVE”).
Limited Liability of Job Haines
WE PROVIDE THE SITE “AS IS”, “WITH ALL FAULTS” AND “AS AVAILABLE.” WE MAKE NO EXPRESS OR IMPLIED WARRANTIES OR GUARANTEES ABOUT THE SITE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE HEREBY DISCLAIM ALL SUCH WARRANTIES, INCLUDING ALL STATUTORY WARRANTIES, WITH RESPECT TO THE SITE, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF MERCHANTABILITY, OF SATISFACTORY QUALITY, ACCURACY, FITNESS FOR A PARTICULAR PURPOSE OR NEED, OR NONINFRINGEMENT. WE DO NOT GUARANTEE THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE WILL BE EFFECTIVE, RELIABLE OR ACCURATE OR WILL MEET YOUR REQUIREMENTS. WE DO NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE SITE AT TIMES OR LOCATIONS OF YOUR CHOOSING. WE ARE NOT RESPONSIBLE FOR THE ACCURACY, RELIABILITY, TIMELINESS OR COMPLETENESS OF ANY CONTENT PROVIDED BY USERS OF THE SITE OR ANY OTHER CONTENT, DATA OR CONTENT PROVIDED OR RECEIVED THROUGH THE SITE. EXCEPT AS EXPRESSLY SET FORTH HEREIN, JOB HAINES DOES NOT WARRANT THAT THE SITE WILL OPERATE ERROR-FREE, THAT LOSS OF DATA WILL NOT OCCUR, OR THAT THE SITE IS FREE OF COMPUTER VIRUSES, CONTAMINANTS OR OTHER HARMFUL ITEMS.
General Limitation of Liability
IN NO EVENT SHALL JOB HAINES BE LIABLE WHATSOEVER FOR YOUR USE OF THE SITE. IN NO EVENT SHALL WE BE LIABLE TO YOU (OR TO ANY THIRD PARTY CLAIMING UNDER OR THROUGH YOU) FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING FROM OR RELATED TO, THE SITE AND/OR YOUR USE THEREOF. THESE EXCLUSIONS APPLY TO ANY CLAIMS FOR LOST PROFITS, CORRUPTION OF DATA OR OTHER INFORMATION, LOST DATA, LOSS OF GOODWILL, WORK STOPPAGE, PERSONAL INJURY OR DEATH, COMPUTER FAILURE OR MALFUNCTION, ANY OTHER COMMERCIAL DAMAGES OR LOSSES, OR MEDICAL MALPRACTICE OR NEGLIGENCE OF PHYSICIANS, EVEN IF WE KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE YOUR RIGHTS WITH RESPECT TO CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR”.
Your Personal Information
Content You Post or Submit
You may not post any Content on the Site. We reserve the right to remove posted Content for any reason in our sole discretion. We are not, however, responsible for any failure or delay in removing posted Content. Without limiting the foregoing:
- You may not post, distribute, or reproduce in any way any Content or copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights. You may not take any action that infringes, misappropriates or violates the intellectual property, publicity, privacy or other rights of any party.
- You agree that you shall not link from any other website to the Site, link from the Site to any other point, or frame any Content contained on the Site.
- You shall not introduce into the Site any virus, Trojan horse, trap door, worm, timer, clock, robot, bot, spider or other malicious, limiting, disabling or damaging software code, design, instruction or routine.
- You agree that no information you provide or action you take shall cause Job Haines, its affiliates or its or their respective Representatives or users of the Site to violate any law, rule or regulation.
You may not attempt to gain unauthorized access to any portion of the Site or computer systems or networks, through hacking, password mining or any other means. Without limiting the foregoing, you agree that you shall not (and shall not allow any third party to):
- copy, modify, adapt, translate, or reverse engineer the Site or any Content;
- remove any copyright, trademark or other intellectual property or proprietary rights notice or legend contained in or on the Site or any Content;
- use any robot, spider, site search/retrieval application, or other automated device, process or means to access, retrieve or index any portion of the Site;
- access, retrieve or index any portion of the Site for purposes of constructing or populating a searchable database; or
- reformat or frame any portion of the web pages that are part of the Site.
Links to Other Sites
The Site may provide links to third-party websites, including links provided as automated search results. Some of these sites may contain materials that are objectionable, unlawful, or inaccurate. These links are provided for your convenience only and Job Haines does not recommend and does not endorse or make any warranties or representations about these websites, the content on these websites or the products or services they offer. Your use of third-party websites is at your own risk and subject to the terms and conditions of use for such websites.
Acceptable and Lawful Use of Site
The following is a partial list of the kind of Content and communications that are illegal or prohibited on/through the Site. You may not post Content that: (a) is obscene, indecent, pornographic or sexually explicit in nature; (b) infringes any third party’s copyright, patent, trademark, trade secret or other intellectual or proprietary rights or rights of publicity or privacy; (c) is defamatory, libelous, unlawfully threatening or unlawfully harassing; (d) is false or intentionally misleading; (e) involves the transmission of unsolicited mass mailing or “spamming”; or (d) otherwise creates any liability for Job Haines or causes Job Haines to lose (in whole or in part) the services of its Internet Service Provider(s) or other Representative. Users shall comply will all applicable laws, statutes, ordinances and regulations regarding use of the Site.
Job Haines makes no claims that the Site or 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 Site from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.
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 website by contacting us at 973-743-0792.
Thank you for your cooperation. We hope you find the Site helpful and convenient to use. Questions or comments regarding the Site, including any reports of non-functioning links, should be submitted to Donna Plotnick, 973-743-0792 ext. 133.