Terms of Use

Terms of Use

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

Terms
By accessing this web site, you are agreeing to be bound by these web site Terms and Conditions of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this web site are protected by applicable copyright and trade mark law.

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

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

The Kyle Kushman Website Does Not Provide Medical Advice
The contents of the KyleKushman.com website, pertaining to text, graphics, images, information obtained from KyleKushman.com’s licensors, and/or other material contained on the KyleKushman.com Site (“Content”) are for informational purposes only. The Content is definitely not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health providers with any questions you may have regarding a medical condition. Never, under any conditions, disregard professional medical advice or delay in seeking it because of something you have read on the KyleKushman.com Website!

If you think you may have a medical emergency, call your physician or dial 911 immediately. KyleKushman.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 KyleKushman.com, KyleKushman.com employees, anyone or others appearing on the website at the invitation of KyleKushman.com, or other visitors to the Site is solely at your own risk.

The Site may contain health- or medical-related materials that are explicit. If you find these materials offensive, you may not want to use our Site.

Children’s Privacy
You must be 18 years or older to use our Site

We are committed to protecting the privacy of children. Be aware that this Site is not intended or designed to attract children under the age of 18. We do not collect personally identifiable information from any person we actually identify or know is a child under the age of 18.

Use of Content
KyleKushman.com authorizes you to view or download a single (1) copy of the material on the KyleKushman.com Site solely for your personal, noncommercial use if and only if you include the following copyright notice: “Copyright (c)2010, KyleKushman.com, Inc./ LLC. All rights reserved” and other copyright and proprietary rights and or notices that are contained in the Content. Any special rules pertaining to the use of certain software and other items accessible on the KyleKushman.com Site may be included elsewhere within the website and are incorporated into these Terms and Conditions by reference.

All Content is protected by copyright under both United States and foreign laws. Title to the Content remains with KyleKushman.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. All Content and features are subject to change or termination without giving notice in the editorial discretion of KyleKushman.com. All rights which are not expressly granted herein are reserved to KyleKushman.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 and forthwith destroy any copies you have made to and of any portion of the Content.

Liability of KyleKushman.com and Its Licensors
The use of the KyleKushman.com Website and the Content there-in is at your own risk. When using the KyleKushman.com Site, information can and will be transmitted over a medium that may be beyond the jurisdiction and control of KyleKushman.com and its suppliers. Accordingly, KyleKushman.com assumes no liability for, or relating to: the delay, failure, interruption, or corruption of any data or other information that is transmitted in connection with the use of the KyleKushman.com Site.

The KyleKushman.com Site and the content there-in are provided on an “as is” basis. KYLEKUSHMAN.COM, ITS LICENSORS, AND ITS SUPPLIERS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ANY AND 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, KyleKushman.com, its licensors, and its suppliers make no representations, claims or warranties about the following:

1.1. The accuracy, reliability, completeness, correctness, currentness or timeliness of the Content, software, text, graphics, links, or communications provided on, and or through the use of the KyleKushman.com Website or KyleKushman.com. 2.2. The satisfaction of any government regulations requiring disclosure of information on prescription drugs and prescription drug products or the approval or compliance of any software tools with regard to the Content contained on the KyleKushman.com Website.
In no event shall KyleKushman.com, or its licensors, or its suppliers, or any third parties mentioned on the KyleKushman.com Website be liable for any damages (including, without limitation or limited to, 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 KyleKushman.com Site or the Content, whether based on warranty, contract, tort, or any other legal theory or stratagem, and whether or not KyleKushman.com, its licensors, its suppliers, or any third parties mentioned on the KyleKushman.com Site are advised, or brought to the attention of the possibility of any such damages. KyleKushman.com, its licensors, its suppliers, or any third parties mentioned on the KyleKushman.com Site shall be liable only to the extent of actual damages incurred by you, not to exceed U.S. $1000. KyleKushman.com,or its licensors, or its suppliers, or any third parties mentioned on the KyleKushman.com Site are not liable for any personal injury, including death, caused by your use or misuse of the Website, Content, or Public Areas (as defined below). Any and all claims arising in connection to or with your use of the Website, any Content, or the Public Areas must be brought within one (1) year of the day/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 the Terms and Conditions here-in.

User Submissions
The personal information you submit to KyleKushman.com is governed by the KyleKushman.com Privacy Policy. To the extent there is an inconsistency between this Agreement and the KyleKushman.com Privacy Policy, this Agreement shall govern.
You here-by agree that you will not upload or transmit any communications or content of any type to the Public Areas (including all blogs, all message boards, all Ask Our Expert postings, all user reviews of drug information, etc.) that infringe or violate any rights of any party. By submitting communications of any kind, or content to the Public Areas, you agree that such submission is non-confidential for any and all purposes.

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

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

User Submissions – Video, Audio and Image Files
You here-by agree to only post or upload Media (like photos, videos or audio) that you yourself have taken or that you yourself have all rights to transmit and license and which do not violate the trademark, copyright, privacy or any other rights of any other person. Photos or videos of celebrities and cartoon or comic images are almost always usually copyrighted by the owner.

To protect your privacy, you here-by agree that you will not submit any media that contains Personally Identifiable Information (like name, or phone number, or email address or website URL.) of you or of anyone else. Uploading any media like images or video of other people without their permission is strictly prohibited.

By uploading any media on the KyleKushman.com site, you here-by warrant that you have permission from all persons, including each and every person appearing in your media preauthorizing you to make this contribution and grant rights described herein. Never ever, post a photo, picture or video of, or with someone else, altered or unaltered, unless you have their explicit permission.

It is strictly prohibited to upload media of any kind that ccontain expressions of hate, abuse, offensive images or conduct, obscenity, pornography, sexually explicit or any material that could give rise to any civil or criminal liability under applicable law or regulations or that otherwise may be in conflict with these Terms and Conditions, the KyleKushman.com Advertising Policy and the KyleKushman.com Privacy Policy.

You agree that you will not upload any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or this Web site.

By uploading any media like a photo or video, (a) you grant to KyleKushman.com a perpetual, non-exclusive, worldwide, royalty-free license to use, copy, print, display, reproduce, modify, publish, post, transmit and distribute the media and any material included in the media; and (b) you certify that any person pictured in the submitted media (or, if a minor, his/her parent/legal guardian) authorizes KyleKushman.com to use, copy, print, display, reproduce, modify, publish, post, transmit and distribute the media and any material included in such media; and (c) you agree to indemnify KyleKushman.com and its affiliates, directors, officers and employees and hold them harmless from any and all claims and expenses, including attorneys’ fees, arising from the media and/or your failure to comply with these the terms described in this document.

KyleKushman.com reserves the right to review all media prior to submission to the site and to remove any media for any reason, at any time, without prior notice, at our sole discretion

Passwords
KyleKushman.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 KyleKushman.com passwords or accounts. It is your sole responsibility to (1) control the dissemination and use of activation codes and passwords; (2) authorize, monitor, and control access to and use of your KyleKushman.com account and password; (3) promptly inform KyleKushman.com of any need to deactivate a password. You grant KyleKushman.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. KyleKushman.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 KyleKushman.com tools and services.

KyleKushman.com Community and Member to Member Areas (“Public Areas”)
If you use a Public Area, such as message boards, blogs, Ask Our Expert, User Reviews 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. KyleKushman.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:

Using a Public Area for any purpose in violation of local, state, national, or international laws; Posting material that infringes on the intellectual property rights of others or on the privacy or publicity rights of others; Posting material that is unlawful, obscene, defamatory, threatening, harassing, abusive, slanderous, hateful, or embarrassing to any other person or entity as determined by KyleKushman.com in its sole discretion; Posting advertisements or solicitations of business; 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); Posting chain letters or pyramid schemes; Impersonating another person; Distributing viruses or other harmful computer code; Harvesting or otherwise collecting information about others, including email addresses, without their identification for posting or viewing comments; Allowing any other person or entity to use your identification for posting or viewing comments Posting the same note more than once or “spamming”; or 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 KyleKushman.com, exposes KyleKushman.com or any of its customers or suppliers to any liability or detriment of any type.
KyleKushman.com Reserves the Right (but is Not Obligated) to Do Any or All of the Following:
Record the dialogue in public chat rooms. 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). Remove communications which are abusive, illegal, or disruptive, or that otherwise fail to conform with these Terms and Conditions. Terminate a user’s access to any or all Public Areas and/or the KyleKushman.com Site upon any breach of these Terms and Conditions. Monitor, edit, or disclose any communication in the Public Areas. Edit or delete any communication(s) posted on the KyleKushman.com Site, regardless of whether such communication(s) violate these standards.
KyleKushman.com or its licensors have no liability or responsibility to users of the KyleKushman.com Site or any other person or entity for performance or nonperformance of the aforementioned activities.

Advertisements, Searches, and Links to Other Sites
KyleKushman.com may provide links to third-party web sites. KyleKushman.com also may select certain sites as priority responses to search terms you enter and KyleKushman.com may agree to allow advertisers to respond to certain search terms with advertisements or sponsored content. KyleKushman.com does not recommend and does not endorse the content on any third-party websites. KyleKushman.com is not responsible for the content of linked third-party sites, sites framed within the KyleKushman.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. KyleKushman.com does not endorse any product, service, or treatment advertised on the KyleKushman.com Site.

Indemnity
You agree to defend, indemnify, and hold KyleKushman.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
KyleKushman.com is based in Ukiah California, in the United States of America with principal offices in Ukiah, California. KyleKushman.com makes no claims that KyleKushman.com, KyleKushman.com Health Manager, or any Site within the KyleKushman.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 KyleKushman.com Network from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.

You must be 18 years or older to use our Site

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 KyleKushman.com, or in any way relating to your use of the KyleKushman.com Site, resides in the courts of the State of California,you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the State of California connection with any such dispute including any claim involving KyleKushman.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 California, 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.

Use License
Permission is granted to temporarily download one copy of the materials (information or software) on KyleKushman.com’s web site for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not: modify or copy the materials;

use the materials for any commercial purpose, or for any public display (commercial or non-commercial); attempt to decompile or reverse engineer any software contained on KyleKushman.com’s web site; remove any copyright or other proprietary notations from the materials; or transfer the materials to another person or “mirror” the materials on any other server.
This license shall automatically terminate if you violate any of these restrictions and may be terminated by KyleKushman.com at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.

Disclaimer
The materials on KyleKushman.com’s web site are provided “as is”. KyleKushman.com makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, KyleKushman.com does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet web site or otherwise relating to such materials or on any sites linked to this site.
Limitations
In no event shall KyleKushman.com or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use the materials on KyleKushman.com’s Internet site, even if KyleKushman.com or a KyleKushman.com authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.
Revisions and Errata
The materials appearing on KyleKushman.com’s web site could include technical, typographical, or photographic errors. KyleKushman.com does not warrant that any of the materials on its web site are accurate, complete, or current. KyleKushman.com may make changes to the materials contained on its web site at any time without notice. KyleKushman.com does not, however, make any commitment to update the materials.

Links
KyleKushman.com has not reviewed all of the sites linked to its Internet web site and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by KyleKushman.com of the site. Use of any such linked web site is at the user’s own risk.
Site Terms of Use Modifications
KyleKushman.com may revise these terms of use for its web site at any time without notice. By using this web site you are agreeing to be bound by the then current version of these Terms and Conditions of Use.
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 KyleKushman.com’s copyright agent (identified below) 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.
KyleKushman.com’s agent for copyright issues relating to this web site is as follows:

Attorney for KyleKushman.com, LLC

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

Complete Agreement
Except as expressly provided in a particular “legal notice” on the KyleKushman.com Site, these Terms and Conditions and the KyleKushman.com Privacy Policy constitute the entire agreement between you and KyleKushman.com with respect to the use of the KyleKushman.com Site, and Content. Thank you for your cooperation. We hope you find the KyleKushman.com.com Site helpful and convenient to use! Questions or comments regarding this website, including any reports of non-functioning links, should be submitted using our Contact Us Form. Questions or comments regarding the KyleKushman.com web site, including any reports of non-functioning links, should be directed by email via our online web form. We try to answer every email in a timely manner but due to volume may not always be able to do so. Last Updated: January 1, 2013.