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AdvisorNet

LEGAL TERMS OF USE

PLEASE READ THIS LEGAL TERMS OF USE CAREFULLY BEFORE USING THE ACP ADVISORNET WEB SITE OR OTHERWISE ACCESSING OR DOWNLOADING ANY INFORMATION FROM THIS WEB SITE. BY ACCESSING OR USING THE SITE, YOU HEREBY ACCEPT AND AGREE TO COMPLY WITH THE TERMS AND CONDITIONS SET FORTH IN THIS LEGAL TERMS OF USE (THE "USER AGREEMENT"). THIS USER AGREEMENT IS A BINDING AGREEMENT BETWEEN YOU AND ACP ADVISORNET, AND GOVERNS YOUR ACCESS AND USE OF THE SITE, WHICH INCLUDES CONTRIBUTED CONTENT (AS DEFINED HEREIN) AND ANY INFORMATION, DATA TOOLS, PRODUCTS, SERVICES AND CONTENT OTHER THAN CONTRIBUTED CONTENT (COLLECTIVELY, "CONTENT"), AND CONTRIBUTED CONTENT, AVAILABLE ON OR THROUGH THE SITE.

BY USING THIS SITE YOU SIGNIFY THAT YOU UNDERSTAND AND AGREE TO THE FOLLOWING:

Use of the Service

You represent and warrant that you (i) are fourteen (14) years of age or older; and (ii) have full power and authority to enter into this User Agreement and doing so will not violate any other agreement to which you are a party. If you are under the age of 18, you may use ACP Advisornet only with the involvement of a parent or guardian. All Website usage must be by either (i) individuals who are not minors and who can legally enter into binding contracts (typically persons 18 years of age or older, depending on where you live), or (ii) minors with the permission of a parent or guardian to use the Website, to the extent permitted by law. You must provide us accurate information, including your real name, when you create your account on ACP AdvisorNet.

We may, without prior notice, change the Service; stop providing the Service or features of the Service, to you or to users generally; or create usage limits for the Service.

Password and Security

You must submit a password to set up and access your Community profile. You are responsible for maintaining the confidentiality of your password and for all activities that occur under your password or profile. We may offer users the ability to remain logged into their profile for two weeks (even if they restart their browser). If you do not log out of your profile periodically, there is a risk of session hijacking by a third party. In addition, if you are using a public or shared computer, we recommend that you log out of your profile at the end of each session; otherwise, a subsequent user of the computer could access the Community under your account and impersonate you. You agree to notify ACP AdvisorNet immediately of any unauthorized use of your password or profile or any other breach of security. ACP AdvisorNet will not be liable for any loss or damage arising from a third party accessing or using your profile.

Questions, Answers and Other Content

All questions, answers and comments you post through the Community service ("Community Content") will be available publicly. Please do not submit Community Content unless you understand that it will be available publicly. You should not assume that you are anonymous online and cannot be identified by or from your Community Content. You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any Community Content. You agree that all of your Community Content will comply with the requirements of these Terms of Service and the Community Guidelines. ACP AdvisorNet does not pre-screen Community Content, but will allow Community members to contact ACP AdvisorNet staff for review and moderation of any questionable content. ACP AdvisorNet reserves the right (but does not have the obligation) to remove or edit, at any time and without notice to the user who posted it, any Community Content that is inappropriate or otherwise does not meet the Community Guidelines. You will indemnify ACP AdvisorNet and its affiliates for all claims resulting from the Community Content you post to the Site.

Your Content will be viewable by other users of the Service and through third party services and websites. You should only provide Content that you are comfortable sharing with others under these Terms.

All Content, whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such Content. We may not monitor or control the Content posted via the Service. Any use of or reliance on any Content or materials posted via the Service or obtained by you through the Service is at your own risk. We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or communications posted via the Service or endorse any opinions expressed via the Service. You understand that by using the Service, you may be exposed to Content that might be offensive, harmful, inaccurate or otherwise inappropriate. Under no circumstances will American Corporate Partners, ACP AdvisorNet, its subsidiaries, affiliates, officers, agents, employees, partners, licensors, or any Participating Institutions associated with ACP be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content made available via the Service or broadcast elsewhere.

You are responsible for your use of the Service, for any Content you provide, and for any consequences thereof, including the use of your Content by other users and third parties partners. You understand that your Content may be republished and if you do not have the right to submit Content for such use, it may subject you to liability. ACP AdvisorNet will not be responsible or liable for any use of your Content by ACP AdvisorNet in accordance with these Terms. You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein to any Content that you submit.

We reserve the right at all times (but will not have an obligation) to remove or refuse to distribute any Content on the Service and to terminate users or reclaim usernames. We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce the Terms, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of ACP AdvisorNet, its users and the public.

You may not:

  • Copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code of the Site or Services;
  • Remove or obscure the copyright notice or other notices displayed in connection with the content accessible through the Site or Services;
  • Interfere with or disrupt the Site functionalities, Services, or servers and networks connected to our Site, or disobey any requirements, procedures, policies, or regulations of networks connected to the Site;
  • Modify the Services in any manner or form, or use modified versions of the Services, including (without limitation) for the purpose of obtaining unauthorized access to the Services; Reproduce, print, cache, store or distribute content retrieved from the Sites in any way, for any commercial use without the prior written permission of ACP AdvisorNet;
  • Sell, assign, sublicense, or otherwise transfer any right in the Services or content accessible through the Site; Access the Site or Services by any means other than through the interface that is provided by ACP AdvisorNet;
  • Collect or store personal data about other users of the Site or Services; Engage in any activities that would violate the personal privacy rights of others, including but not limited to, collecting and distributing information about Internet users without their permission, except as permitted by applicable law; or
  • Use the Site or Services to violate any law (whether local, state, national, or international), whether or not intentionally.

No Automated Querying without our Permission

You may not send automated queries of any sort to the Site, including:

  • using any software which sends queries to determine how a website or webpage "ranks" for various queries;
  • "meta-searching" ; and
  • performing "offline" searches on the Site.

Rules

You must not do any of the following while accessing or using the Service: (i) use the Service for any unlawful purposes or for promotion of illegal activities; (ii) post any Content (as defined below) or use the Service in violation of any applicable law (including intellectual property laws, right of privacy or publicity laws, and any laws of a non-U.S. jurisdiction applicable to you), or any contractual or other legal obligation; (iii) post Content that is hateful, abusive, threatening, profane, or otherwise objectionable; (iv) post Content or use the Service to create an impression that you know is incorrect, misleading, or deceptive, including by impersonating others or otherwise misrepresenting your affiliation with a person or entity; (v) publish or post other people's private or personally identifiable information without their express authorization and permission; (vi) use the Service for the purpose of spamming anyone; (vii) publish or link to malicious content intended to damage or disrupt another user's browser or computer or to compromise a user's privacy; (viii) access or tamper with non-public areas of the Service, ACP AdvisorNet's computer systems, or the technical delivery systems of ACP AdvisorNet's providers; (ix) probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures; (x) access or search or attempt to access or search the Service by any means (automated or otherwise) other than through the currently available, published interfaces that are provided by ACP AdvisorNet (and only pursuant to those terms and conditions), unless you have been specifically allowed to do so in a separate agreement with ACP AdvisorNet (crawling the Service is permissible in accordance with these Terms, but scraping the Service without the prior consent of ACP AdvisorNet except as permitted by these Terms is expressly prohibited); (xi) forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Service to send altered, deceptive or false source-identifying information; or (xii) interfere with or disrupt (or attempt to do so) the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing the Service, or by scripting the creation of Content in such a manner as to interfere with or create an undue burden on the Service.

We may make available one or more APIs for interacting with the Service. Your use of any ACP AdvisorNet API is subject to these terms and the ACP AdvisorNet API Rules, which will be posted before we make these APIs available (as part of these Terms).

You agree not to use the Services to:

  • Post any content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, hateful, or racially, ethnically, or otherwise objectionable;
  • Harm or threaten to harm anyone in any way;
  • "Stalk" or otherwise harass any other person or entity;
  • Impersonate any person or entity (including an ACP AdvisorNet agent, enthusiast, or moderator), or falsely state or otherwise misrepresent your affiliation with a person or entity;
  • Post any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation;
  • Disseminate or transmit any content that (i) violates any law (whether local, state, national, or international), (ii) infringes or violates any copyright, trademark, trade secret, patent or other proprietary right (including, but not limited to, using third party copyrighted materials or trademarks without appropriate permission or attribution), or (iii) includes third party information (whether or not protected as a trade secret) in violation of a duty of confidentiality;
  • Disseminate or transmit any worms, viruses or other harmful, disruptive or destructive files, code or programs; or post 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 hardware or telecommunications equipment;
  • Manipulate identifiers in order to disguise the origin of any question, answer or comment you post on the Site; or
  • Post any content that would violate the personal privacy rights of others, including but not limited to revealing personal or private information about others without their permission.
  • Community Registration and Public Profile

    To access the Site and view questions or search queries, you do not need to register. If you wish to use the Community feature and submit questions or answers, you must join the Community, and create a Community user profile by providing a user name and email address. Once you have registered, you will have a public profile and your user name will be displayed with all your questions, answers and comments posted on the Community service, which will be searchable on the web. In selecting a user name, you agree that you will not (i) select or use a name of another person with the intent to impersonate that person, or a name incorporating the trademark of a third party; (ii) use a name subject to the rights of any other person without authorization; or (iii) use a name that is illegal, infringing, or offensive to people of ordinary sensitivities. If you choose an image for your profile, that image will also be published in connection with your questions, answers and comments. You may not post an image that is illegal, infringing, or offensive to people of ordinary sensitivities. Your user name and avatar must comply with the Community Guidelines. We encourage you to complete your profile information by providing us a short personal biography and by telling us your areas of interest and expertise, so other members can understand the scope of your questions or answers.

    Email

    Questions and answers from the Community will be communicated to you via email and via posting on the Site. By providing your email address to us, you agree that we can send you email communications in connection with the Community service. If you opt in to receiving the ACP AdvisorNet's communications, we will send you emails with news and updates about ACP AdvisorNet's products and services. You can choose at any time to no longer receive emails in connection with the Community service, or to tailor your email frequency settings through your profile page. If you limit or block emails, you will have to consult the Community pages to find out whether a member has answered your question.

    If you choose to forward content from the Site via email, you agree that you will forward such content only to willing recipients known to you and that you will not use the Services for engaging in spam or other unauthorized conduct.

    Proprietary Rights

    All right, title, and interest in and to the Service (excluding Content provided by users) are and will remain the exclusive property of ACP AdvisorNet and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Except as expressly provided herein, nothing in the Terms gives you a right to use the ACP AdvisorNet name or any of the ACP AdvisorNet trademarks, logos, domain names, and other distinctive brand features. Any feedback, comments, or suggestions you may provide regarding the Service is entirely voluntary and we will be free to use such feedback, comments or suggestions as we see fit and without any obligation to you.

    The Service may include advertisements, which may be targeted to the Content or information on the Service, queries made through the Service, or other information. The types and extent of advertising by ACP AdvisorNet on the Service are subject to change. In consideration for ACP AdvisorNet granting you access to and use of the Service, you agree that ACP AdvisorNet and its third party providers and partners may place such advertising on the Service or in connection with the display of Content or information from the Service whether submitted by you or others.

    Copyright Policy

    ACP AdvisorNet respects the intellectual property rights of others and expects users of the Service to do the same. We will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to us. If you believe that your Content has been copied in a way that constitutes copyright infringement, please provide our copyright agent with the following information in accordance with the Digital Millennium Copyright Act: (i) a physical or electronic signature of the copyright owner or a person authorized to act on their behalf; (ii) identification of the copyrighted work claimed to have been infringed; (iii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; (iv) your contact information, including your address, telephone number, and an email address; (v) a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) a statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

    Our designated copyright agent for notice of alleged copyright infringement or other legal notices regarding Content appearing on the Service is:

    ACP AdvisorNet
    400 Madison Ave Ste 7A
    New York NY 10017
    Email: info@acp-usa.org

    Please note that in addition to being forwarded to the person who provided the allegedly illegal content, we may send a copy of your notice (with your personal information removed) to Chilling Effects (www.chillingeffects.org) for publication and/or annotation. You can see an example of such a publication at http://www.chillingeffects.org/. A link to your published notice will be displayed on ACP AdvisorNet in place of the removed content.

    We reserve the right to remove Content alleged to be infringing or otherwise illegal without prior notice and at our sole discretion. In appropriate circumstances, ACP AdvisorNet will also terminate a user's account if the user is determined to be a repeat infringer.

    License to ACP AdvisorNet to Use Questions, Answers and Comments You Submit

    If you post or submit questions, answers, comments, feedback or any other content, and/or submit votes or flags for moderation ("Postings"), you agree that ACP AdvisorNet may copy, distribute, display, publish, modify or translate your Postings for any purpose and in any medium worldwide (including incorporating answers into ACP AdvisorNet answer databases or any other ACP AdvisorNet property, product or service) without any obligation to compensate you or any other third party in any way for any such use. Such license that you are granting ACP AdvisorNet is royalty-free, perpetual, irrevocable and sub-licensable (which means ACP AdvisorNet may grant other parties rights to use the content of your Postings).

    Privacy

    ACP AdvisorNet values your privacy. Please review our Privacy Policy to learn more about how we collect and use information about you via the Service. By using the Service you consent to the transfer of your information to the United States and/or other countries for storage, processing and use by ACP AdvisorNet.

    Links

    The Service may contain links to third-party websites or resources. You acknowledge and agree that we are not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by ACP AdvisorNet of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.

    Use the Services at Your Own Risk

    The Services includes links to other websites or resources. Because ACP AdvisorNet has no control over such sites and resources, you acknowledge and agree that ACP AdvisorNet is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You acknowledge that such external sites usually have their own terms and conditions, including privacy policies, over which ACP AdvisorNet has no control and which will govern your rights and obligations with respect to the use of those websites.

    Your dealings with third party vendors found on or through the Services, including your participation in promotions, purchase of goods and services, and any terms, conditions, warranties or representations associated with such activities, are solely between you and the third party advertiser or vendor. ACP AdvisorNet does not make any representations or warranties with respect to any goods, services or websites that appear in promotional answers, and you agree that ACP AdvisorNet will have no liability for any loss or damage of any kind incurred as a result of any activities you undertake in connection with the use of or reliance on any content, goods, services, information or other materials available, through advertisers and/ or third party vendors.

    ACP AdvisorNet does not control actions or content posted by its users through the Community service and does not guarantee the accuracy, integrity or quality of any Community Content. You acknowledge and agree that Community Content and any and all liability arising from Community Content is the sole responsibility of the user who posted the content, and not ACP AdvisorNet.

    You understand that by using the Services, you may be exposed to content that is offensive, indecent or objectionable. In addition, if you rely on the accuracy, completeness, or usefulness of any linked third party websites or resources or any answer or comment posted by a Community member, you do so solely at your own risk. Under no circumstances will ACP AdvisorNet be liable in any way for such content, including, but not limited to, for any errors, omissions or misrepresentations in any linked third party website or Community Content, or for any loss or damage of any kind incurred by you as a result of your use of, or reliance on, any linked third party website or Community Content.

    Modifications to the Services

    ACP AdvisorNet reserves the right at any time and from time to time to modify, suspend, discontinue or terminate the Services (or any part thereof) with or without notice. You agree that ACP AdvisorNet will not be liable to you or to any third party for any modification, suspension, discontinuation or termination of the Services.

    Termination of Your Access to the Services

    You can terminate your Community account and delete your Community profile information at any time by sending a request through the Settings - Your Account page. We may terminate your account and deny you access to the Community service in our sole discretion due to your lack of use of the Community service or if we consider, in our sole discretion, that (i) certain questions, answers or comments you have posted are inappropriate and/or do not meet the Community Guidelines, (ii) your behavior within the Community does not meet our community standards or (iii) you have otherwise violated these Terms of Service. You agree that any termination of your access to the Services may be effected without prior notice, and acknowledge and agree that ACP AdvisorNet may immediately deactivate or delete your Community account and all related information and/or bar any further access to your account or the Services. If you use the Site or Services in violation of these Terms of Service, ACP AdvisorNet may, in its sole discretion, retain all data collected from your use of the Site or Services. Further, you agree that ACP AdvisorNet shall not be liable to you or any third party for the discontinuation or termination of your access to the Services.

    Disclaimers

    BY USING THE SITE AND SERVICES YOU UNDERSTAND AND AGREE THAT:

    THE SERVICES ARE PROVIDED FOR INFORMATIONAL PURPOSES ONLY. NO CONTENT ON OUR SITES IS INTENDED TO CONSTITUTE PROFESSIONAL ADVICE, WHETHER MEDICAL, FINANCIAL, LEGAL OR OTHERWISE. ACP ADVISORNET IS NOT RESPONSIBLE OR LIABLE FOR ANY CONSEQUENCES RELATING DIRECTLY OR INDIRECTLY TO ANY ACTION YOU TAKE OR FAIL TO TAKE BASED ON THE INFORMATION, SERVICES OR OTHER MATERIAL ON THE SITE.

    YOUR USE OF THE SITE AND SERVICES IS AT YOUR SOLE RISK. THE SITE AND SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. ACP ADVISORNET EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON- INFRINGEMENT.

    ACP ADVISORNET MAKES NO REPRESENTATION OR WARRANTY THAT THE SITE OR SERVICES WILL MEET YOUR REQUIREMENTS, OR WILL BE UNINTERRUPTED, SECURE, CURRENT OR ERROR-FREE, OR THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE AND SERVICES WILL BE ACCURATE, TIMELY, USEFUL OR RELIABLE.

    ANY MATERIAL OBTAINED BY YOU THROUGH USE OF THE SITE OR SERVICES IS OBTAINED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO COMPUTER SYSTEMS OR LOSS OF DATA THAT RESULTS FROM YOUR DOWNLOAD OR USE OF ANY THIRD PARTY SOFTWARE OR MATERIAL.

    Your access to and use of the Service or any Content is at your own risk. You understand and agree that the Service is provided to you on an "AS IS" and "AS AVAILABLE" basis. Without limiting the foregoing, ACP ADVISORNET AND ITS PARTNERS DISCLAIM ANY WARRANTIES, EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. We make no warranty and disclaim all responsibility and liability for the completeness, accuracy, availability, timeliness, security or reliability of the Service or any content thereon. ACP AdvisorNet will not be responsible or liable for any harm to your computer system, loss of data, or other harm that results from your access to or use of the Service, or any Content. You also agree that ACP AdvisorNet has no responsibility or liability for the deletion of, or the failure to store or to transmit, any Content and other communications maintained by the Service. We make no warranty that the Service will meet your requirements or be available on an uninterrupted, secure, or error-free basis. No advice or information, whether oral or written, obtained from ACP AdvisorNet or through the Service, will create any warranty not expressly made herein.

    TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ACP ADVISORNET AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICE, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (iii) ANY CONTENT OBTAINED FROM THE SERVICE; AND (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT ACP ADVISORNET HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

    Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.

    If anyone brings a claim against us related to your actions or Content on the Service, or actions or Content by or from someone using your account, you will indemnify and hold us harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to such claim.

    Third Party Beneficiaries — Medical and Legal Contributions

    All ACP AdvisorNet users who provide answers to legal or medical questions are intended third-party beneficiaries ("Legal & Medical Contributors") of this section of the Terms of Use. The answers on this site are provided by Legal & Medical Contributors for informational purposes only. ACP AdvisorNet and Legal & Medical Contributors 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.

    In no event shall ACP AdvisorNet or Legal & Medical Contributors 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 Site or the Content, whether based on warranty, contract, tort, or any other legal theory, and whether or not ACP AdvisorNet or its Legal & Medical Contributors is advised of the possibility of such damages. Neither ACP AdvisorNet nor the Legal & Medical Contributors are liable for any personal injury, including death, caused by your use or misuse of the Site or Content.

    See ACP AdvisorNet's policy regarding questions and answers to medicine-related questions and ACP AdvisorNet's policy regarding questions and answers to law-related questions.

    ACP AdvisorNet has provided certain disclaimer template language that Legal & Medical Contributors may edit and incorporate in their answers. Ethics rules rules differ by state, so we aren't sure that this language will work for every attorney in every location — especially since rules can change over time. Legal & Medical Contributors should edit or add to disclaimer language as necessary to comply with their own state's rules.

    As always, we do not monitor or control the Content posted via the Service; the answers and messages created by Legal & Medical Contributors are their sole creation and responsibility. We do not endorse or guarantee the completeness, truthfulness, accuracy, or reliability of any answers or messages posted by Legal & Medical Contributors, nor do we endorse any opinions they express.

    Answers to Medical Questions

    Content posted by Medical Contributors is not intended to be medical advice or instructions for medical diagnosis or treatment, and no physician- patient relationship is, or is intended to be, created by Content provided by Medical Contributors.

    If you think you may have a medical emergency, call your doctor or your level emergency number, (911 in the United States) immediately.

    1. Content is not a substitute for professional medical advice, examination, diagnosis or treatment.
    2. You should not delay or forego seeking treatment for a medical condition or disregard professional medical advice based on Content.
    3. You should always seek the advice of your physician or other qualified healthcare professional before starting or changing treatment.
    4. Content should not be used to diagnose, treat, cure, or prevent disease without supervision of a doctor or qualified healthcare provider.
    5. Content does not recommend or endorse any tests, physicians, products, procedures, opinions or other information.
    6. Content is not regulated by the Food and Drug Administration or any state or national medical board.

    Information posted to ACP AdvisorNet publicly or sent in an unsolicited message to a Medical Contributor is not confidential and does not establish a physician-patient relationship without the express consent of the Medical Contributor.

    Answers to Legal Questions

    Content posted by Legal Contributors in response to legal questions is not intended to be legal advice or form an attorney-client relationship. If you believe you have a legal claim, contact an attorney licensed in your state (or country) immediately to discuss your options. Most state bar associations have services to aid you in finding an attorney. For example, California residents should visit http://www.calbar.ca.gov/Public/ Pamphlets/HiringaLawyer.aspx.

    Content is provided for informational purposes only, with no assurance that the Content is true, correct, or accurate. No action should be taken, delayed, or deferred based on the Content.

    1. Content is not a substitute for professional legal advice or a solicitation to offer legal advice regarding specific facts. Should you ignore this warning and send specific or confidential information in a private message or post it as a comment, there is no duty to keep that information confidential or to discontinue or forego any representation adverse to your interests.
    2. You should not delay or forego seeking legal advice or disregard professional legal advice based on Content. Delay in seeking such legal advice could result in waiver of any claims you may have, depending on the applicable statute(s) of limitation.
    3. Content is not regulated by any state or national bar association.
    4. Information posted to ACP AdvisorNet publicly or sent in an unsolicited message to a Legal Contributor is not confidential and does not establish a attorney-client relationship without the express consent of the Legal Contributor.

    Reuse of ACP AdvisorNet's Policies, Disclaimers, & Terms of Use Language Regarding Legal & Medical Contributors

    In order to develop Web industry standards for online contributions by legal and medical professionals, ACP AdvisorNet encourages other companies and organizations to adopt all or part of our policies, disclaimers, and terms of use language as part of their own products and terms of service. ACP AdvisorNet therefore expressly permits other companies to copy and edit the provisions contained in this section of its terms of service for their own use. Additionally, ACP AdvisorNet welcomes comments and suggestions on these terms as part of the ongoing debate regarding how professionals can comply with their professional responsibilities while being active, informative participants in online discussions.

    Severability of These Terms of Service

    If any provision of these Terms of Service is found by a court or other binding authority to be invalid, the remaining provisions contained in these Terms of Service shall continue in full force and effect.

    Limitation of Actions Brought against ACP AdvisorNet

    You agree that any claim or cause of action arising out of your use of the Site or Services or these Terms of Service must be filed within one year after such claim or cause of action arose or it shall forever be barred, notwithstanding any statute of limitations or other law to the contrary. Within this period, any failure by ACP AdvisorNet to enforce or exercise any provision of these Terms of Service or any related right shall not constitute a waiver of that right or provision.

    General Terms

    These Terms and any action related thereto will be governed by the laws of the State of New York without regard to or application of its conflict of law provisions or your state or country of residence. Unless submitted to arbitration as set forth in the following paragraph, all claims, legal proceedings or litigation arising in connection with the Service will be brought solely in New York County, New York, and you consent to the jurisdiction of and venue in such courts and waive any objection as to inconvenient forum.

    For any claim (excluding claims for injunctive or other equitable relief) under these Terms where the total amount of the award sought is less than $10,000, the party requesting relief may elect to resolve the dispute through binding non-appearance-based arbitration. The party electing such arbitration shall initiate the arbitration through an established alternative dispute resolution ("ADR") provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, as selected by the party initiating the arbitration; b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.

    These Terms are the entire and exclusive agreement between ACP AdvisorNet and you regarding the Service (excluding any services for which you have a separate agreement with ACP AdvisorNet that is explicitly in addition or in place of these Terms), and these Terms supersede and replace any prior agreements between ACP AdvisorNet and you regarding the Service.

    The failure of ACP AdvisorNet to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. In the event that any provision of these Terms is held to be invalid or unenforceable, the remaining provisions of these Terms will remain in full force and effect.

    We may revise these Terms from time to time. The most current version will always be on this page (or such other page as the Service may indicate). If the revision, in our sole discretion, is material we will notify you via posting to our website or email to the email associated with your account. By continuing to access or use the Service after those revisions become effective, you agree to be bound by the revised Terms.

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