TBI Journal

Terms and Conditions of Use


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

Definition of Key Terms used in Terms and Conditions.

TBIJournal.com – (the Site), A web based application designed to support journaling needs of people with tick-borne illnesses.

Online Patient Journals LLC – A Virginia limited liability company with an assumed/fictitious name of TBIJournal.com, such assumed/fictitious name being filed in the Circuit Court of Albemarle County, Virginia and with the Virginia State Corporation Commission.  All references herein to “TBIJournal.com” shall mean Online Patient Journals LLC.

TBIJournal.com Manager – (referred to on the site as Journal Manager) A person authorized by TBIJournal.com to make decisions on Site availability, content, and distribution of data collected by the Site.

Journalist – a patient using the Site to record their experiences with tick-borne illness, or, someone with permission acting on their behalf.

User – Anyone using TBIJournal.com for any purpose.

User ID – Referred to as User Name on the Site, is a self-selected unique identifier, used in conjunction with a Password to create and access a Journal on TBIJournal.com.

User Acceptance of TBIJournal.com Terms and Conditions

By using this web 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!

TBIJournal.com Manager may revise and update these Terms and Conditions at any time. Your continued usage of  TBIJournal.com will mean you accept those changes.  You are solely responsible for maintaining a current understanding of these Terms and Conditions.

This Site Does Not Provide Medical Advice

The contents of the Site, such as text, graphics, images, information, drop down menus, and other material contained on TBIJournal.com ("Content") is solely to support authorized users journaling their experience with tick-borne illness. 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, or created on, TBIJournal.com!

If you think you may have a medical emergency, call your doctor or 911 immediately. TBIJournal.com does not recommend or endorse any tests, physicians, products, procedures, opinions, or other information that may be mentioned on the Site. Reliance on any information provided by TBIJournal.com, or persons acting on its behalf, is solely at your own risk.

TBIJournal.com Privacy and Confidentiality Policy

 

TBIJournal.com is committed to the privacy of those who use the site to journal their experience with tick-borne illness, and their clinicians.  For this reason, TBIJournal.com does not record any information which might identify patients or their clinicians. Name, Address, Social Security Number, Date or Birth, Provider Identification Number, or any other personal identifiers are not recorded in TBIJournal.com and are not requested of any User.

 

 Journals are established and accessed by User ID and Password. Email addresses are stored to support recovery of lost passwords and will not be sold to, used, shared or exchanged with anyone outside of TBIJournal.com or authorized for non-solicited contact.

Summarized information may be communicated to support improving care for the tick-borne illness patient community. Details of prescribed treatment (specific prescription treatments  and treatment schedules) will not be summarized and communicated to anyone without Journalist permission. 

Details of prescription treatment and treatment schedules will be available only when requested with a corresponding User ID and Password. Anyone in possession of a TBIJournal.com User ID and Password, is assumed, by TBIJournal.com, to be the Journalist or someone acting with the Journalist’s express permission, and will be allowed to access all information associated with the User ID and password.

Passwords

The Journalist is responsible for taking all necessary steps to ensure that no unauthorized person shall have access to their TBIJournal.com Password or User ID. It is the Journalist’s sole responsibility to (1) control the dissemination and use of User ID and Password; (2) authorize, monitor, and control access to and use of the TBIJournal.com User ID and password; (3) promptly change TBIJournal.com Password if the Journalist believes privacy, or journal content, is at risk.

Journalists grant TBIJournal.com and all other persons or entities involved in the operation of the Site the right to transmit, monitor, retrieve, store, and use information in connection with the operation of the Site. TBIJournal.com cannot and does not assume any responsibility or liability for any information Journalists submit, or third parties' use or misuse of information transmitted or received using TBIJournal.com tools and services.

 

This Site is not intended or designed for use by children under the age of 18 without adult supervision.

 

TBIJournal.com Manager Right to Contact Site users.

 

TBIJournal.com Manager reserves the right to contact you in response to your requests, via email. 

 

TBIJournal.com Manager reserves the right to leave a message on journals.

 

TBIJournal.com Manager’s Right to Remove Journals and Revoke Authorization to Use TBIJournal.com

 

TBIJournal.com Manager reserves the right to remove, delete, or purge, Journals or User IDs for any reason.   Abandoned journals (those not accessed for an extended period of time) may be deleted.  Journals posing reliability, performance, or other problems to the Site software may be purged at the sole discretion of the TBIJournal.com Manager.  Journals suspected by the TBIJournal.com Manager of compromising the integrity of TBIJournal.com may be purged.  TBIJournal.com is not required to post advance notice of a planned deletion.

 

 TBIJournal.com reserves the right to discontinue the website at any time, for any reason without notice to those who use the website.  In this event, every effort will be made to provide adequate notice to users, via internal Site messaging.

 

The use of TBIJournal.com is solely at the discretion of the TBIJournal.com Manager and may be revoked at any time, for any reason, without notice.

The following provisions survive the expiration or termination of this Agreement for any reason whatsoever: Release, Indemnity, Jurisdiction, and Complete Agreement.

 

 Release of TBIJournal.com

The use of the TBIJournal.com and its Content is at the Users own risk and by agreeing to the terms and conditions herein all Journalists and Users of TBIJournal.com release, waive and forever discharge and hold harmless TBIJournal.com from any and all liability, claims, demands and/or causes of action whatever kind or nature, either in law or in equity, that Journalists or Users may have or hold against TBIJournal.com

TBIJournal.com and its content are provided on an "as is" basis. TBIJOURNALCOM AND ITS SUPPLIERS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, EITHER  EXPRESSED 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, TBIJournal.com 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 TBIJournal.com.
  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 TBIJournal.com.

In no event shall TBIJournal.com, its suppliers, or any third parties mentioned on the TBIJournal.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 interruption of service) resulting from the use of or inability to use TBIJournal.com or its Content, whether based on warranty, contract, tort, or any other legal theory, and whether or not TBIJournal.com, its suppliers, or any third parties mentioned on TBIJournal.com are advised of the possibility of such damages. TBIJournal.com, its suppliers, or any third parties mentioned on the TBIJournal Site are not liable for any personal injury, including death, caused by use or misuse of the Site or Content.

When using the TBIJournal Site, information will be transmitted over a medium that may be beyond the control and jurisdiction of TBIJournal.com and its suppliers. Accordingly, TBIJournal.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 TBIJournal.com Site.

Indemnity

Users agree to defend, indemnify, and hold Online Patient Journals LLC, its officers, directors, employees, agents, 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, user’s violation of these Terms and Conditions.

User Submissions

The information users submit to TBIJournal.com is governed by the TBIJournal.com Privacy Policy described above.

Users agree not to send or transmit to TBIJournal.com Manager 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 TBIJournal.com Manager by email, you agree such submission is non-confidential for all purposes.

If you submit any business information, idea, concept or invention to TBIJournal.com Manager by email, you automatically grant or warrant that the owner of such content or intellectual property has expressly granted TBIJournal.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. If you wish to keep any business information, ideas, concepts or inventions private or proprietary, do not submit them to TBIJournal by email. Email submissions to TBIJournal.com will normally NOT receive a response..

 

General

 TBIJournal.com is not authorized for use outside of the United States. Access to the Content may not be legal by certain persons or in certain countries. If you access the TBIJournal.com from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.

Jurisdiction

Users expressly agree that exclusive jurisdiction for any dispute with TBIJournal.com, or in any way relating to your use of the TBIJournal.com Site resides in the courts of Albemarle County in the Commonwealth  of Virginia and users further agree and expressly consent to the exercise of personal jurisdiction in the courts of Albemarle County in the Commonwealth  of Virginia in connection with any such dispute including any claim involving TBIJournal.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 Commonwealth of Virginia, 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.

Complete Agreement

Except as expressly provided in a particular "legal notice" on the TBIJournal.com Site, these Terms and Conditions and the TBIJournal.com Privacy Policy constitute the entire agreement between you and TBIJournal.com with respect to the use of the Site and its Content.

Thank you for your cooperation. We hope you find the TBIJournal.com Site helpful and convenient to use! Questions or comments regarding this website, including any reports of non-functioning, should be promptly submitted using TBIJournal.com’s Contact Us feature.

 Although we attempt to review every email in a timely manner volume will  not allow us to respond directly.

Last Updated:  February 16, 2012

TBIJournal.com

© 2012 Online Patient Journals LLC. All rights reserved.