Terms and Conditions

Terms of Use, DMCA and Privacy Policy

 

Welcome!

Hello and welcome to criticalcareupdate.com. Hereafter it may be called “the site” or  “We” or “Us.” These Terms of Use constitute an online information and internet site (the site) provided currently by Inpatient Services PLLC. Please take the time to read these terms of use carefully as they contain important information regarding your legal rights, remedies and obligations, including various exclusions and limitations. The Terms of Use also include the Privacy Policy (see below). If you do not agree with the terms of use, please do not access the site. By accessing criticalcareupdate.com, or by submitting any registration information, you create an agreement with us. Under this agreement, you agree to be bound by these terms of use which may be amended from time to time. In exchange, we agree to allow you to access and use the Site until terminated in accordance with these terms.

Modifications

Please note that criticalcareupdate.com may change the terms of this Agreement at any time without notice. If we do, such changes will be effective on the date that such modified terms are posted on the Web site at http://35.226.249.107. Access to or use of this Web site after such changes have taken effect constitutes acceptance of all changes.

Please also note that at any time, without notice, criticalcareupdate.com reserves the right to terminate access to this site.

Copyright and Trademarks

The text, graphics and web design code on criticalcareupdate.com are owned by the website owner (Inpatient Services PLLC) or his/her legal delegates. All rights are reserved. This license and these permissions may be changed without notice.

Criticalcareupdate.com logo, domain and content may not be used or reproduced without explicit permission from website owner. Nothing contained in this Web site or this Agreement grants any right to use any of the marks without our prior written permission or that of the respective owner.

Where text, graphics, html code, or other content are excerpted or used with permission from other sources, copyright shall remain with the original holder.

 

The Site Provides Information, Not Medical Advice.

IF YOU THINK YOU MAY HAVE A MEDICAL EMERGENCY, CALL 911 or your country’s emergency service phone number IMMEDIATELY. If you have any medical problem that’s not an emergency, call your doctor. Criticalcareupdate.com offers the site for general informational and educational purposes only for critical care physicians. Nothing related to the site is intended as medical advice nor should it be used for diagnosis or treatment apart from consultation with a qualified healthcare professional. The site is not intended to create any physician-patient relationship, nor should it be considered a replacement for consultation with a healthcare professional. If you have questions or concerns about your health, please contact your healthcare professional. Never disregard professional medical advice or delay in seeking it because of something you have read on our Web site. We do not recommend or endorse any specific tests, physicians, products, procedures, opinions, or other information that may be mentioned on the Web site. Reliance on any information provided by or through the site appearing on the Web site or other visitors to the Web site is solely at your own risk.

The Web site may contain health-or medical-related materials that may be deemed sexually explicit. If you find these materials offensive, you may not want to use our Web site.

 

No Warranties

The site and all the information provided on the site are distributed on an “as is” basis. There are no warranties of any kind provided, neither expressed nor implied, including but not limited to implied warranties of fitness for a purpose or warranties of title. We do not guarantee the accuracy of any information provided on the site and we provide neither warranty nor guarantee of any kind with regards to the information on the site.

The site and the information we provide on it are not intended to constitute the practice of medicine, nursing, and should not be construed as being health care advice, diagnosis, consultation or treatment in any jurisdiction from which the site is accessed. Always review up-to-date, peer reviewed literature and consult other medical professionals for medical advice, if you are a health professional. If you are a patient, always consult your physician. The site provides information to help you in these accepted standards of the practice of health care, and does not, cannot, should not replace them. Do not assume that the information on the site is continuously updated or otherwise contains current information.

 

 

Limitation of Availability

Our site may be unavailable at any time. We do not represent or warrant that the site, or any site to which ours is linked, will ever be accessible or available at any given time, or that access to same will be uninterrupted or free of errors. The site may be unavailable for long periods of time. You have no remedy if this happens.

 

Limitation on Liability; Limited Remedies

In no event shall we or any of our affiliates or their officers, members, directors, employees, agents, managers, representatives, subcontractors or licensors be liable to users, including you, for any direct or indirect monetary or other damages, fees, fines, penalties, loss of income or any liabilities that arise out of your use of the site. You agree that your sole and only remedy if these or other dissatisfying outcomes occur after use of the site, is to stop using the site.

 

Links

Criticalcareupdate.com is not affiliated or associated with sponsors of sites which hyperlink to or from any this site or other sites. We do not control the linked sites and criticalcareupdate.com is not responsible for the content of any linked site or the links contained in a linked site. Criticalcareupdate.com reserves the right to terminate any link or linking program at any time. Criticalcareupdate.com may provide links from this Web site to other sites as a convenience to you and in no way should this be interpreted as our endorsement of any product, company, or content it links to. If you decide to access any of the third party sites linked to this Web site, you do this entirely at your own risk.

 

Off-Label use

We may make references to “off-label” or non-FDA approved uses of certain products on this site.

 

Indemnity

You agree to indemnify criticalcareupdate.com or its subsidiary companies or organizations, and any of our successors, assigns or licensees, together with any of their respective officers, directors and employees, against any damages, losses, liabilities, judgments, costs or expenses (including reasonable attorneys’ fees and costs) arising out of a claim by a third party relating to your use of the site, or any breach or violation of this Agreement or any other term or condition contained on the site.

 

General

Criticalcareupdate.com is located in Chandler, AZ in the United States of America. Criticalcareupdate.com makes no claims that the site is appropriate or may be downloaded outside of the United States. Access to the site 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.

 

Governing Law; Jurisdiction

These Terms and Conditions are governed by the internal substantive laws of the State of Arizona, without respect to its conflict of laws or choice of laws principles.

You expressly and irrevocably agree that exclusive jurisdiction for any dispute with Criticalcareupdate.com, or in any way relating to your use of the site resides in the courts of the State of Arizona and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the State of Arizona in connection with any such dispute including any claim involving criticalcareupdate.com and its affiliated corporation, affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers, and content providers.

You agree that any legal proceeding against Criticalcareupdate.com related to the site shall be filed and tried only in the Maricopa County Municipal Court, Maricopa County, Arizona, United States of America, or, where such court does not have jurisdiction by law, then any such proceeding shall only be maintained in the State Courts of the State of Arizona, sitting in Maricopa County or the Federal Courts, for the District including Arizona. Both parties hereby expressly waive any right to a jury trial in any such proceeding.

 

Complete Agreement

Except as expressly provided in a legal notice on the site, these Terms and Conditions constitute the entire agreement between you and criticalcareupdate.com with respect to use of the site.

 

Severability; Waiver

If any provision of these Terms and Conditions is found to be invalid by any court having jurisdiction, then 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.

 

Survival

The following provisions survive the expiration or termination of this Agreement for any reason whatsoever: Binding Agreement, Copyright and Trademarks, No Warranty, Limitation on Liability; Limited Remedies, Indemnity, Governing Law; Jurisdiction, Privacy and Complete Agreement.

 

Posting guidelines

The Site is open to the physicians for posts/articles and comments to general public. Therefore, consider your comments carefully and do not include anything in a comment that you would like to keep private. By uploading or otherwise making available any information to the website in the form of user generated comments or otherwise, you grant the website the unlimited, perpetual right to distribute, 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 website, you grant criticalcareupdate.com and any company substantially under the control of the website, the right to remove any content or comment that, in website’s sole judgment, does not comply with the terms and conditions of this Agreement or is otherwise objectionable. You also grant criticalcareupdate.com and any company substantially under the control of this website the right to modify, adapt, and edit any content.

Comment policy

Comments to individual posts are encouraged. This is a moderated forum, meaning comments are reviewed before or after, they are posted.

Respectful comments that contribute to the topic at hand will generally be accepted.

The Site will not publish or will remove comments that, in the website’s sole opinion, fall under the following categories:

  • snarky, trolling, off-topic, make the same point repeatedly, ranting at doctors, ranting at patients, excessively long, libelous, defamatory, abusive, harassing, threatening, profane, pornographic, offensive, false, misleading, or which otherwise violates or encourages others to violate the website’s sense of decorum and civility or any law, including intellectual property laws

Or contain   “spam,” i.e., an attempt to advertise, solicit, or otherwise promote goods and services

contain off-topic hyperlinks

The website reserves the right to delete any comment, for any reason, at any time.  The First Amendment gives you the right to express your opinions on your blog or website, not this website.

Comments that receive a certain number of adverse remarks from the readership are automatically deleted.

 

DMCA Policy

Criticalcareupdate.com claims no ownership rights in any content or image submitted to it by its contributors, posters, and commenters.  Criticalcareupdate.com is committed to complying with U.S. copyright law and expects all who access our site and Service to do the same.

In compliance with the United States Digital Millennium Copyright Act, Pub. L. 105-304 (“DMCA”) http://www.copyright.gov/legislation/dmca.pdf, administrators of criticalcareupdate.com will respond to notification of claimed infringement with the U.S. Copyright Office (see below).

Upon receipt of a valid legal notice alleging that copyright infringement is occurring, Criticalcareupdate.com will remove the offending material and provide the contributor or poster with a copy of the notice of copyright infringement. The material shall remain removed from Criticalcareupdate.com’s service until the contributor or poster has provided the designated agent at Criticalcareupdate.com a complying Counter Notification. Upon receipt of the valid Counter Notification, the law requires Criticalcareupdate.com to submit a copy of the Counter Notification to the complaining party with notice that Criticalcareupdate.com will replace or re-enable access to the allegedly infringing material in ten business days. Then, ten to fourteen business days after receiving the Counter Notification, Criticalcareupdate.com will replace or re-enable access to the allegedly infringing material, unless the complaining party has notified Criticalcareupdate.com’s administrators that a court action relating to the materials in question has been filed in order to stop the alleged copyright infringement.

Notification of Claimed Copyright Infringement

If you believe that a web page hosted by Criticalcareupdate.com is violating your rights under U.S. copyright law, you may file a complaint thereof with Criticalcareupdate.com’s administrator in the manner described below.

 


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For your complaint to be valid under the DMCA, you must provide the following information when providing notice of the claimed copyright infringement:

  • a physical or electronic signature of a person authorized to act on behalf of the copyright owner;
  • identification of the copyrighted work claimed to have been infringed;
  • identification of the material that is claimed to be infringing or to be the subject of the infringing activity and that is to be removed or access to which is to be disabled as well as information reasonably sufficient to permit Univision to locate the material;
  • information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number and, if available, an electronic mail address;
  • a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law; (e.g., “I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law);
  • a statement that the information in the notification is accurate, and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed (e.g., “I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.”)

 

See 17 U.S.C. § 512(c)(3) for more details.

You also should be aware that, under the DMCA, claimants who make misrepresentations concerning copyright infringement may be liable for damages incurred as a result of the removal or blocking of the wrongfully accused material, court costs, and attorneys’ fees.

Counter-Notification to Claimed Copyright Infringement

If a notice of copyright infringement has been filed against you, you may file a counter-notification with criticalcareupdate.com’s administrators at the address listed above. Such counter-notification must contain the following information:

  • a physical or electronic signature;
  • identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
  • a statement under penalty of perjury that the Member has a good faith belief that the material was removed or disabled as a result of mistake or misidentification; and
  • your name, address, and telephone number, and a statement that you consent to the jurisdiction of the federal district court for the federal district in which you are located, and that you will accept service of process from the complainant.

If criticalcareupdate.com receives a valid counter-notification, the DMCA provides that the removed material will be restored or access re-enabled. Under the criticalcareupdate.com’s Terms of Service agreement, however Criticalcareupdate.com may have the option to remove the material in any event under its “Acceptable Use” terms.

Again, you should be aware that U.S. copyright law provides substantial penalties for a false counter-notice filed in response to a notice of copyright infringement.

NOTE: If you believe that your copyrights have been infringed, or if a notice of copyright infringement has been filed against you, you should seek advice of legal counsel. We are providing the preceding to you for informational purposes only.

 

PRIVACY POLICY

Criticalcareupdate.com is committed to the security and privacy of our visitors. We have created this Privacy Policy in order to share with you our information collection and use practices.

What information we collect

We do NOT collect any personal information. Certain non-personal information may be collected automatically as part of your use of this site. Our web server automatically recognizes visitors’ certain non-personal information, including but not limited to, the IP address, the browser type & version, referring domain, date/time when someone visited the site, etc.

Attention kids

No information should be submitted to Criticalcareupdate.com by children under 18 years of age without their parent’s or guardian’s consent. Criticalcareupdate.com does not monitor the age of its user audience.

How we use the information collected

The above mentioned non-personal information is used to aid us in fixing problems so that we can improve the overall appearance and functionality of our site in order to serve you better.

Information sharing with third parties

Only demographic and aggregate information may be shared by us with our business partners. This information does not contain any personal identifiers.

Criticalcareupdate.com makes every reasonable effort to preserve user privacy. However we reserve the right to disclose the information that we collected when required or permitted by law and we have a good-faith belief that such action is necessary to comply with an appropriate law enforcement investigation, current judicial proceeding, a court order or legal process served on us.

Cookies

Non-personal information and data may be automatically collected through the standard operation of Criticalcareupdate.com through the use of “cookies”. Cookies are small text files that our site places on your computer’s hard drive to recognize and facilitate the user’s use of the site. Most browsers allow a user to deny cookies; however, users should note that cookies may be required to provide certain web site features.

Our site also provides links to other third party websites. The third party website may set cookies and it is governed by their privacy policy. You will be redirected to the third party website only when you click on one or more links on our site that link to the third party website. You will never be redirected to the third party website automatically.

Business relationships

This site contains links to other Web sites. We use third-party ad servers in order to bring you this website. As a result of your visit to our site, ad server companies may collect information such as your domain type, your IP address and click stream information. Criticalcareupdate.com is not responsible for the privacy practices or the content of such Web sites.

Privacy policy changes

Criticalcareupdate.com reserves the right to modify, add and/or delete any portion of this Privacy Policy at any time. Those changes would be published on this page and would become effective immediately.

Questions?

Criticalcareupdate.com welcomes comments and questions on this policy. Questions regarding this statement should be directed to


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Effective date

This Privacy Policy was last updated on October 08, 2016.