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
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
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
This Site Does Not Provide Medical
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
TBIJournal.com Privacy and
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.
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
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.
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
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.
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:
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.
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.
The information users submit to
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..
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.
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.
Except as expressly provided in a
particular "legal notice" on the TBIJournal.com Site, these Terms and Conditions
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.
we attempt to review every email in a timely manner volume will
not allow us to respond directly.
February 16, 2012
© 2012 Online Patient Journals LLC. All rights reserved.