Terms and Conditions of Use

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE.

By using this site, you signify your assent to these Terms and Conditions. If you do not agree to all of these Terms and Conditions of use, do not use this site!

DrHarryFisch.com may revise and update these Terms and Conditions at any time. Your continued usage of the DrHarryFisch.com website (“DrHarryFisch.com Site,” or the “Site,”) will mean you accept those changes.

The contents of the DrHarryFisch.com Site, such as text, graphics, images, information obtained from DrHarryFisch.com’s licensors, and other material contained on the DrHarryFisch.com Site (“Content”) are for informational purposes only. The Content is not intended to be a substitute for 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 DrHarryFisch.com Site!

If you think you may have a medical emergency, call your doctor or 911 immediately. DrHarryFisch.com does not recommend or endorse any specific tests, physicians, products, procedures, opinions, or other information that may be mentioned on the Site. Reliance on any information provided by DrHarryFisch.com, DrHarryFisch.com employees, others appearing on the Site at the invitation of DrHarryFisch.com, or other visitors to the Site is solely at your own risk.

The 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 Site.

Children’s Privacy
We are committed to protecting the privacy of children. You should be aware that this Site is not intended or designed to attract children under the age of 13. We do not collect personally identifiable information from any person we actually know is a child under the age of 13.

Use of Content
DrHarryFisch.com authorizes you to view or download a single copy of the material on the DrHarryFisch.com Site solely for your personal, noncommercial use if you include the following copyright notice: “©2013. Dr Harry Fisch. All rights reserved” and other copyright and proprietary rights notices that are contained in the Content. Any special rules for the use of certain software and other items accessible on the DrHarryFisch.com Site may be included elsewhere within the Site and are incorporated into these Terms and Conditions by reference.

The Content is protected by copyright under both United States and foreign laws. Title to the Content remains with DrHarryFisch.com or its licensors. Any use of the Content not expressly permitted by these Terms and Conditions is a breach of these Terms and Conditions and may violate copyright, trademark, and other laws. Content and features are subject to change or termination without notice in the editorial discretion of DrHarryFisch.com. All rights not expressly granted herein are reserved to DrHarryFisch.com and its licensors.

If you violate any of these Terms and Conditions, your permission to use the Content automatically terminates and you must immediately destroy any copies you have made of any portion of the Content.

Liability of DrHarryFisch.com and Its Licensors
The use of the DrHarryFisch.com Site and the Content is at your own risk.

When using the DrHarryFisch.com Site, information will be transmitted over a medium that may be beyond the control and jurisdiction of DrHarryFisch.com and its suppliers. Accordingly, DrHarryFisch.com assumes no liability for or relating to the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the DrHarryFisch.com Site.

The DrHarryFisch.com Site and the content are provided on an “as is” basis.DRHARRYFISCH.COM, ITS LICENSORS, AND ITS SUPPLIERS, 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. Without limiting the foregoing, DrHarryFisch.com, its licensors, and its suppliers make no representations or warranties about the following:

1. The accuracy, reliability, completeness, currentness, or timeliness of the Content, software, text, graphics, links, or communications provided on or through the use of the DrHarryFisch.com Site.
2. The satisfaction of any government regulations requiring disclosure of information on prescription drug products or the approval or compliance of any software tools with regard to the Content contained on the DrHarryFisch.com Site.

In no event shall DrHarryFisch.com, its licensors, its suppliers, or any third parties mentioned on the DrHarryFisch.com Site 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 DrHarryFisch.com Site or the Content, whether based on warranty, contract, tort, or any other legal theory, and whether or not DrHarryFisch.com, its licensors, its suppliers, or any third parties mentioned on the DrHarryFisch.com Site are advised of the possibility of such damages. DrHarryFisch.com, its licensors, its suppliers, or any third parties mentioned on the DrHarryFisch.com Site shall be liable only to the extent of actual damages incurred by you, not to exceed U.S. $1000. DrHarryFisch.com, its licensors, its suppliers, or any third parties mentioned on the DrHarryFisch.com Site are not liable for any personal injury, including death, caused by your use or misuse of the Site, Content, or Public Areas (as defined below). Any claims arising in connection with your use of the Site, any Content, or the Public Areas must be brought within one (1) year of the date of the event giving rise to such action occurred. Remedies under these Terms and Conditions are exclusive and are limited to those expressly provided for in these Terms and Conditions.

User Submissions
The personal information you submit to DrHarryFisch.com is governed by the DrHarryFisch.com Privacy Policy. To the extent there is an inconsistency between this Agreement and the DrHarryFisch.com Privacy Policy, this Agreement shall govern.

The Site contains functionality (including blogs, message boards, etc.) that allows users to upload content to the Site (collectively “Public Areas”). You agree that you will not upload or transmit any communications or content of any type to the Public Areas that infringe or violate any rights of any party. By submitting communications or content to the Public Areas, you agree that such submission is non-confidential for all purposes.

If you make any such submission, you agree that you will not send or transmit to DrHarryFisch.com by email, (including through the email addresses listed on the “Contact Us” page) any communication or content that infringes or violates any rights of any party. If you submit any business information, idea, concept or invention to WebMD by email, you agree such submission is non-confidential for all purposes.

If you make any submission to a Public Area or if you submit any business information, idea, concept or invention to DrHarryFisch.com by email, you automatically grant-or warrant that the owner of such content or intellectual property has expressly granted- DrHarryFisch.com a royalty-free, perpetual, irrevocable, world-wide nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, and display the communication or content in any media or medium, or any form, format, or forum now known or hereafter developed. DrHarryFisch.com may sublicense its rights through multiple tiers of sublicenses. If you wish to keep any business information, ideas, concepts or inventions private or proprietary, do not submit them to DrHarryFisch.com by email. We try to answer every email in a timely manner, but are not always able to do so.

Passwords
DrHarryFisch.com has several tools that allow you to record and store information. You are responsible for taking all reasonable steps to ensure that no unauthorized person shall have access to your DrHarryFisch.com passwords or accounts. It is your sole responsibility to (1) control the dissemination and use of sign-in name, screen name and passwords; (2) authorize, monitor, and control access to and use of your DrHarryFisch.com account and password; (3) promptly inform DrHarryFisch.com if you believe your account or password has been compromised or if there is any other reason you need to deactivate a password. To send us an email, use the “Contact Us” links located at the bottom of our site. You grant DrHarryFisch.com and all other persons or entities involved in the operation of the Site the right to transmit, monitor, retrieve, store, and use your information in connection with the operation of the Site. DrHarryFisch.com cannot and does not assume any responsibility or liability for any information you submit, or your or third parties’ use or misuse of information transmitted or received using DrHarryFisch.com tools and services.

DrHarryFisch.com Community and Member to Member Areas (“Public Areas”)
If you use a Public Area, such as message boards, or other member communities, you are solely responsible for your own communications, the consequences of posting those communications, and your reliance on any communications found in the Public Areas. DrHarryFisch.com and its licensors are not responsible for the consequences of any communications in the Public Areas. In cases where you feel threatened or believe someone else is in danger, you should contact your local law enforcement agency immediately. If you think you may have a medical emergency, call your doctor or 911 immediately.

In consideration of being allowed to use the Public Areas, you agree that the following actions shall constitute a material breach of these Terms and Conditions:

1. Using a Public Area for any purpose in violation of local, state, national, or international laws;
2. Posting material that infringes on the intellectual property rights of others or on the privacy or publicity rights of others;
3. Posting material that is unlawful, obscene, defamatory, threatening, harassing, abusive, slanderous, hateful, or embarrassing to any other person or entity as determined by DrHarryFisch.com in its sole discretion;
4. Posting advertisements or solicitations of business;
5. After receiving a warning, continuing to disrupt the normal flow of dialogue, or posting comments that are not related to the topic being discussed (unless it is clear the discussion is free-form);
6. Posting chain letters or pyramid schemes;
7. Impersonating another person;
8. Distributing viruses or other harmful computer code;
9. Harvesting, scraping or otherwise collecting information about others, including email addresses, without their identification for posting or viewing comments;
10. Allowing any other person or entity to use your identification for posting or viewing comments
11. Posting the same note more than once or “spamming”; or
12. Engaging in any other conduct that restricts or inhibits any other person from using or enjoying the Public Area or the Site, or which, in the judgment of DrHarryFisch.com, exposes DrHarryFisch.com or any of its customers or suppliers to any liability or detriment of any type.

DrHarryFisch.com Reserves the Right (but is Not Obligated) to Do Any or All of the Following:
1. Record the dialogue in public chat rooms.
2. Investigate an allegation that a communication(s) do(es) not conform to the terms of this section and determine in its sole discretion to remove or request the removal of the communication(s).
3. Remove communications which are abusive, illegal, or disruptive, or that otherwise fail to conform with these Terms and Conditions.
4. Terminate a user’s access to any or all Public Areas and/or the DrHarryFisch.com Site upon any breach of these Terms and Conditions.
5. Monitor, edit, or disclose any communication in the Public Areas.
6. Edit or delete any communication(s) posted on the DrHarryFisch.com Site, regardless of whether such communication(s) violate these standards.

DrHarryFisch.com or its licensors have no liability or responsibility to users of the DrHarryFisch.com Site or any other person or entity for performance or nonperformance of the aforementioned activities.

Advertisements, Searches, and Links to Other Sites
DrHarryFisch.com may provide links to third-party web sites. DrHarryFisch.com also may select certain sites as priority responses to search terms you enter and DrHarryFisch.com may agree to allow advertisers to respond to certain search terms with advertisements or sponsored content. DrHarryFisch.com does not recommend and does not endorse the content on any third-party websites. DrHarryFisch.com is not responsible for the content of linked third-party sites, sites framed within the DrHarryFisch.com Site, third-party sites provided as search results, or third-party advertisements, and does not make any representations regarding their content or accuracy. Your use of third-party websites is at your own risk and subject to the terms and conditions of use for such sites. DrHarryFisch.com does not endorse any product, service, or treatment advertised on the DrHarryFisch.com Site. For more information, read our Advertising Policy.

Indemnity
You agree to defend, indemnify, and hold DrHarryFisch.com, its officers, directors, employees, agents, licensors, and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of these Terms and Conditions.

General
DrHarryFisch.com is based in New York, New York, in the United States of America with principal offices in New York, New York. DrHarryFisch.com makes no claims that DrHarryFisch.com, or any Site within the DrHarryFisch.com Network and the 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 DrHarryFisch.com from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.

The following provisions survive the expiration or termination of this Agreement for any reason whatsoever: Liability, User Submissions, User Submissions – image, video, audio files, Indemnity, Jurisdiction, and Complete Agreement.

Jurisdiction
You expressly agree that exclusive jurisdiction for any dispute with DrHarryFisch.com, or in any way relating to your use of the DrHarryFisch.com Site, resides in the courts of the State of New York and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the State of New York in connection with any such dispute including any claim involving DrHarryFisch.com or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers, and content providers.

These Terms and Conditions are governed by the internal substantive laws of the State of New York, without respect to its conflict of laws principles. If any provision of these Terms and Conditions is found to be invalid by any court having competent jurisdiction, 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.

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 web site by contacting DrHarryFisch.com and providing the following information:

1. Identification of the copyrighted work that you believe to be infringed. Please describe the work, and where possible include a copy or the location (e.g., URL) of an authorized version of the work.
2. Identification of the material that you believe to be infringing and its location. Please describe the material, and provide us with its URL or any other pertinent information that will allow us to locate the material.
3. Your name, address, telephone number and (if available) e-mail address.
4. A statement that you have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent, or the law.
5. A statement that the information that you have supplied is accurate, and indicating that “under penalty of perjury,” you are the copyright owner or are authorized to act on the copyright owner’s behalf.
6. A signature or the electronic equivalent from the copyright holder or authorized representative.

In an effort to protect the rights of copyright owners, DrHarryFisch.com maintains a policy for the termination, in appropriate circumstances, of subscribers and account holders of the Site who are repeat infringers.

Complete Agreement
These Terms and Conditions constitute the entire agreement between you and DrHarryFisch.com with respect to the use of the DrHarryFisch.com Site, and Content.

Thank you for your cooperation. We hope you find the DrHarryFisch.com Site helpful and convenient to use!