Welcome to the 4Bonehealth website (“Website”). 4BoneHealth’s mission is to provide information and educate the public about bone health issues including osteoporosis and prevention of bone disease (the “Services”). To provide the Services, we have to set out some ground rules in this document (the “Terms”). By accessing, using, or contributing to the Services, and in consideration for the Services we provide to you, you agree to abide by the Terms.
This Site Does Not Provide Medical Advice
4BoneHealth is an information source ONLY to be used at the discretion of the user. 4BoneHealth does not provide or replace individualized medical advice and use of the Services does not create a doctor-patient relationship between 4BoneHealth and the user. The Website may include information which may become out of date over time or is applicable only based on a specific set of facts.
The contents of the 4BoneHealth website, such as text, graphics, video, images, information obtained from 4BoneHealth’s licensors or other users, and other material contained on the 4BoneHealth website (the “Content”) are for informational purposes only. The Content is not intended to be a substitute for professional medical advice, diagnosis, or treatment.
If you think you may have a medical emergency, call your doctor or 911 immediately. If you are in need of medical attention or advice, please call your doctor or qualified healthcare provider. Never disregard or delay in seeking medical attention or advice because of something you have read or seen on the 4BoneHealth website.
Consumers should rely only on the advice of a healthcare professional for information about medical conditions and treatment. Any reliance on any information provided by 4BoneHealth or its authors, contributing authors, others appearing on the site at the invitation of 4BoneHealth, or other visitors to the site is solely at your own risk. DO NOT rely on 4BoneHealth. 4BONEHEALTH IS NOT YOUR DOCTOR.
By using the 4BoneHealth website (“Website”) you are agreeing to the following terms and conditions. If you do not agree with a provision DO NOT use the Website.
4BoneHealth may change the Terms from time to time, at 4BoneHealth’s sole discretion. Your continued use of this website following the posting of such changes will constitute your assent to all such changes. Please periodically visit this section of the Website to review the current version of the Terms.
To utilize the Services, or certain portions thereof, you may be required to complete a registration process and establish an account with 4BoneHealth (“4BoneHealth Account”). You represent and warrant that all information provided by you to 4BoneHealth is current, accurate, and complete, and that you will maintain the accuracy and completeness of this information on a prompt, timely basis.
Limited Liability and Warranty Disclaimer
THIS WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. 4BoneHealth MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE SITE’S OPERATION OR THE INFORMATION, CONTENT OR MATERIALS INCLUDED ON THIS SITE. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, 4BoneHealth HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR ANY PARTICULAR PURPOSE.
Code of Conduct
4BoneHealth does not pre-screen or regularly review contributed content, but 4BoneHealth reserves the right to delete material and terminate accounts at its discretions with or without notice to the user. Users shall adhere to the Code of Conduct to avoid such termination.
Users shall not contribute content containing or involving material that is obscene, defamatory, libelous, unlawful, harassing, abusive, threatening, harmful, vulgar, constitutes an illegal threat, violates export control laws, hate propaganda, fraudulent material or fraudulent activity, invasive of privacy or publicity rights, profane, indecent or otherwise objectionable material of any kind or nature specifically including, but not limited to, posting a photograph of another person without their consent and posting an illegal or unauthorized copy of another person’s work. Additionally, 4BoneHealth users are prohibited from posting material that encourages conduct that could constitute a criminal offense, gives rise to civil liability, or holds 4BoneHealth or their employees, volunteers, or agents up to public scorn, ridicule, or defamation.
Your relationship with 4BoneHealth is your business only.
We do not collect personally identifiable information on our web site or otherwise unless you choose to give it to us when registering, via email, a phone call, or by postal mail. Even when you choose to give us information, we keep it confidential.
We do not sell, rent, share, or otherwise disclose mailing lists or other personally identifiable information. We maintain some records of individuals who contact us in case we contact you later or provide further information to you in the future. However, we do not provide this information to anyone else unless you give us your permission.
As a registered user of 4BoneHealth Service, you are solely responsible for maintaining the confidentiality and security of your password(s) and 4BoneHealth Account(s). You understand and agree that you are fully responsible for all actions and postings made from your 4BoneHealth Account(s). Any accounts you create are not transferable. You agree to notify 4BoneHealth immediately if you become aware of any unauthorized use of your 4BoneHealth Account(s).
The 4BoneHealth website is not intended or designed to attract children under the age of 13. 4BoneHealth does not collect any personally identifiable information from anyone we know to be under the age of 18. 4BoneHealth does not collect any personally identifiable information from any person we actually know is a child under the age of 13.
You understand that material made available by 4BoneHealth is a product of a community effort and does not necessarily represent the view of 4BoneHealth. 4BoneHealth assumes no responsibility for the accuracy, suitability, or completeness of any content provided.
Please note that the Website may contain links to other third party websites that are not owned or controlled by 4BoneHealth. 4BoneHealth has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, 4BoneHealth will not and cannot censor or edit the content of any third-party site. By using the Website, you expressly relieve 4BoneHealth from any and all liability arising from your use of any third-party website.
4BoneHealth strives to facilitate citizen participation in online media and in protecting the free speech on-line. 4BoneHealth hopes to bring a diverse range of voices into this site, but we will decline to publish unacceptable content and will remove it if we find it on this site.
Unacceptable content includes, but is not limited to, the following:
•Statements that are intended as a personal attack or are abusive, harassing, or threatening
•Defamatory or knowingly false statements
•Information of a private or personal nature that does not have news value
•Irrelevant statements or SPAM
•Materials that violate the copyright, trademark, or trade secret rights of others that are not otherwise authorized by law, such as fair use
4BoneHealth will determine what is “unacceptable content” on a case-by-case basis. We reserve the right to change these standards at any time. We also reserve the right to remove links to unacceptable off-site content at any time.
By posting or contributing content using these Services, you are granting 4BoneHealth a non-exclusive, royalty-free, perpetual, and worldwide license to use your content in connection with the operation of the Services, including, without limitation, the license rights to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your content, and/or to incorporate it into a collective work.
4BoneHealth requires you indemnify them against any liability resulting from your use of their services. 4BoneHealth retains the right to employ 4BoneHealth’s own counsel. You remain solely responsible for 4BoneHealth’s defense and must obtain 4BoneHealth’s written consent to a settlement. You agree to notify 4BoneHealth of a pending suit claiming you have violated a third party’s intellectual property rights. 4BoneHealth requires that you confirm your indemnification in case of a lawsuit; failure to do so may be considered a breach of your terms of service.
Trademark and Copyright Infringement Policy
You agree not to infringe copyright, trademark, patent, trade secret, or other proprietary rights. By posting any content, you represent and warrant that you have all right, title, and interest to such posted content, including but not limited to any consent, authorization, release, clearance or license from any third party (such as, but not limited to, any release related to rights of privacy or publicity) necessary for you to provide, post, upload, input or submit the content, and that posting such content does not violate or constitute the infringement of any patent, copyright, trademark, trade secret, right of privacy, right of publicity, moral rights, or other intellectual property right recognized by any applicable jurisdiction of any person or entity, or otherwise constitute the breach of any agreement with any other person or entity. You further represent and warrant that you are who you say you are, that you have not submitted fictitious, false or inaccurate information about yourself, and that all information contained in the posted content is true and your own work or work you are authorized to submit, and that the posted content does not contain any threatening, harassing, libelous, false, defamatory, offensive, obscene, or pornographic, material, or other material that would violate any other applicable law or regulation. You agree that you will not knowingly and with intent to defraud provide material and misleading information. You represent and warrant that the content you supply does not violate the Terms. 4BoneHealth will take down material in response to a notice of copyright infringement and 4BoneHealth will take reasonable steps to notify the party whose allegedly-infringing content was taken down, including providing a copy of the complaint. 4BoneHealth may terminate the account of repeat infringers and provides detailed instructions as to how to file a counter-notification.
Notice and Takedown Procedure
It is our policy to expeditiously respond to clear notices of alleged copyright infringement that comply with the United States Digital Millennium Copyright Act (DMCA). This page describes the information that should be present in these notices. It is designed to make submitting notices of alleged infringement to the 4BoneHealth (the “4BoneHealth”) as straightforward as possible while reducing the number of notices that we receive that are fraudulent or difficult to understand or verify. The form of notice specified below is consistent with the form suggested by the DMCA (the text of which can be found at the U.S. Copyright Office Web Site, http://www.copyright.gov), but we will respond to notices of this form from other jurisdictions as well.
It is expected that all users of any part of 4BoneHealth site will comply with applicable copyright laws. However, if 4BoneHealth receives proper notification of claimed copyright infringement, our response to these notices will include removing or disabling access to material claimed to be the subject of infringing activity and/or terminating subscribers, regardless of whether we may be liable for such infringement under United States law or the laws of another jurisdiction.
If we remove or disable access in response to such a notice, we will make a good-faith attempt to contact the owner or administrator of the affected site or content so that they may make a counter notification pursuant to Sections 512(g)(2) and (3) of the DMCA. We may also document notices of alleged infringement on which we act.
4BoneHealth’s Designated Agent to receive notification of alleged infringement under the DMCA is:
Upon receipt of proper notification of claimed infringement, 4BoneHealth will follow the procedures outlined herein and in the DMCA.
If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide 4BoneHealth’s Registered Agent (listed above) the following information in a written communication (preferably via email):
•Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
•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 4BoneHealth to locate the material;
•Information reasonably sufficient to permit 4BoneHealth to contact the complaining party, such as an address, telephone number, and, if available, an email address at which the complaining party may be contacted;
•The following statement: “I 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”;
•The following statement: “I swear, under penalty of perjury, that the information in the notification is accurate, and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed”; and
•A physical or electronic signature of the owner or a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Please note that you may be liable for damages (including costs and attorneys’ fees) if you materially misrepresent that material is infringing your copyrights. Accordingly, if you are not sure whether material available online infringes your copyright, we suggest that you first contact an attorney.
A provider of content subject to a claim of infringement may make a counter notification pursuant to sections 512(g)(2) and (3) of the DMCA. To file a counter notification with us, please provide 4BoneHealth’s Registered Agent (listed above) the following information in a written communication (preferably via email):
•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;
•Your name, address, and telephone number;
•The following statement: “I consent to the jurisdiction of Federal District Court for the [insert the federal judicial district in which your address is located]“;
•The following statement: “I will accept service of process from [insert the name of the person who submitted the infringement notification] or his/her agent”;
•The following statement: “I swear, under penalty of perjury, that I have a good faith belief that the affected material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled”; and
•Your signature, in physical or electronic form.
Upon receipt of such counter notification, 4BoneHealth will promptly provide the person who provided the original infringement notification with a copy of the counter notification, and inform that person that 4BoneHealth will replace the removed material or cease disabling access to it in 10 business days. 4BoneHealth will replace the removed material and cease disabling access to it not less than 10, nor more than 14, business days following receipt of the counter notice, unless our Designated Agent first receives notice from the person who submitted the original infringement notification that such person has filed an action seeking a court order to restrain the subscriber from engaging in infringing activity relating to the material on our system or network.
In accordance with Section 512(i)(1)(a) of the DMCA, 4BoneHealth will, in appropriate circumstances, disable and/or terminate the accounts of users who are repeat infringers.
Accommodation of Standard Technical Measures
It is 4BoneHealth’s policy to accommodate and not interfere with standard technical measures used by copyright owners to identify or protect copyrighted works that 4BoneHealth determines are reasonable under the circumstances.
This agreement is governed by California law and any action arising from the agreement will be brought in San Diego County. 4BoneHealth requires that you waive your right to trial by jury.
No Waiver of Terms
4BoneHealth’s failure to exercise or enforce any right or provision of these Terms shall not be deemed a waiver of such right or provision in that or any other instance.
The Terms constitute the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. If for any reason a court of competent jurisdiction finds any provision or portion of these Terms to be unenforceable, the remainder of the Terms will continue in full force and effect.