Please note that PulmCCM 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 PulmCCM Web site at http://PulmCCM.org. 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, PulmCCM reserves the right to terminate access to this site.
Copyright and Trademarks
© 2011-2013 by Goncho Media Inc. Text, graphics and web design code are protected by U.S. and international copyright laws. 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 marks PulmCCM®, PulmCCM Central® and the PulmCCM logo shall be marks of Goncho Media Inc.
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.
All materials on the site are copyrighted by us and/or by other applicable rights holders, unless otherwise noted. The copying, redistribution, reposting, publication, adaptation or alteration of any part of this Web site in connection with any enterprise or plan for same is prohibited without prior written permission from us. The use of any the materials presented on the site including under any networked computer environment or for any other purpose is prohibited, and such unauthorized use may violate copyright, trademark, and other similar laws.
The Site Provides Information, Not Medical Advice
IF YOU THINK YOU MAY HAVE A MEDICAL EMERGENCY, CALL 911 IMMEDIATELY. If you have any medical problem that’s not an emergency, call your doctor. PulmCCM offers the site for general informational and educational purposes only. 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 are sexually explicit. If you find these materials offensive, you may not want to use our Web site.
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 particular purpose or warranties of title. We do not guarantee the accuracy of any information provided on the site and we provide no warranty nor guarantee of any kind with regard 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 jurisidiction 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.
PulmCCM is not affiliated or associated with sponsors of sites which hyperlink to or from any PulmCCM or other sites. We do not control the linked sites and PulmCCM is not responsible for the content of any linked site or the links contained in a linked site. PulmCCM reserves the right to terminate any link or linking program at any time. PulmCCM 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.
We may make references to “off-label” or non-FDA approved uses of certain products on this site.
You agree to indemnify PulmCCM and any of our parent or 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.
PulmCCM is located in Atlanta, GA, in the United States of America. PulmCCM 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 Georgia, without respect to its conflict of laws or choice of laws principles.
You expressly and irrevocably agree that exclusive jurisdiction for any dispute with PulmCCM, or in any way relating to your use of the site resides in the courts of the State of Georgia and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the State of Georgia in connection with any such dispute including any claim involving PulmCCM, or PulmCCM’s parent corporation, affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers, and content providers.
You agree that any legal proceeding against PulmCCM related to the site shall be filed and tried only in the Dekalb County Municipal Court, Dekalb County, Georgia, 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 Georgia, sitting in Dekalb County or the Federal Courts, for the District including Georgia.Both parties hereby expressly waive any right to a jury trial in any such proceeding.
Except as expressly provided in a particular legal notice on the site, these Terms and Conditions constitute the entire agreement between you and PulmCCM with respect to use of the site.
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.
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.
We use a third-party advertising company, eHealthcare Solutions, to serve ads when you visit our website. They may use information about your visits to this and other websites in order to provide advertisements about goods and services of interest to you. If you would like more information about this practice and to know your choices about not having this information used by eHealthcare Solutions, click here.