Friday, July 1, 2005

Terms And Conditions Of Use

Updated July 1, 2009


By viewing/browsing/using 1) website; 2) website; 3) website; and 4) website (collectively called the "Sites"), you signify your assent to these Terms and Conditions of Use. If you do not agree to all of these Terms and Conditions of Use, do not use these sites. By entering any of these sites, you acknowledge and agree that you have read and understand these Terms and Conditions of Use, that the provisions, disclosures and disclaimers set forth herein are fair and reasonable, and that you voluntarily agree to follow and be bound by these Terms and Conditions of Use.

This agreement contains warranty disclaimers and other provisions that limit the author’s liability to you. Please read these terms and conditions carefully and in their entirety, as using, accessing and/or browsing the sites constitutes acceptance of these terms and conditions. If you do not agree to be bound to each and every term and condition set forth herein, please exit the sites immediately and do not use, access and/or browse the sites.


Dr. Joseph Kim (the "Author") may revise and update these Terms and Conditions in whole or in party at any time for any reason without any notice to you, whether prior or otherwise. Your continued use of the Sites will mean you accept those changes. Such modified terms and conditions shall supersede these terms and conditions and shall become binding when published online on the sites.


The author provides the sites and the services, information, and content contained therein for informational purposes only. The author does not provide any medical advice on the sites, and the information should not be so construed or used. Using the sites and/or providing personal or medical information to the author does not create a physician-patient relationship between you and the author. Nothing contained in the sites is intended to replace the services of a licensed health professional or to be a substitute for medical advice. You should not rely on anything contained in the sites, and you should consult a physician licensed in your state in all matters relating to your health. You hereby agree that you shall not make any health or medical related decision based in whole or in part on anything contained in the sites.


You hereby acknowledge that nothing contained in the sites shall constitute financial, investment, legal and/or other professional advice and that no professional relationship of any kind is created between you and the author. You hereby agree that you shall not make any financial, investment, legal and/or other decision based in whole or in part on anything contained in the sites.


The opinions expressed in the sites are not necessarily the opinions of the author and do not necessarily reflect the opinion of his employer(s). The sites is created by the author in the author’s individual capacity, is the author’s personal sites, is not edited by the author’s employer(s) and, as a result, may not be attributed to any of the author’s employer(s).

Any opinions of the author on the sites are or have been rendered based on specific facts, under certain conditions, and subject to certain assumptions, and may not and should not be used or relied upon for any other purpose, including, but not limited to, for use in or in connection with any legal proceeding.

The information on the sites may be changed without notice and is not guaranteed to be complete, correct, timely, current or up-to-date. The author makes no obligation to update any information on the sites; provided, however, that the author may update the information at any time without notice in the author’s sole and absolute discretion. The author reserves the right to make alterations or deletions to the information at any time without notice.

The author may also post content on the sites that has been written by guest authors. Such content will be labeled as "guest posts" and the author makes no obligation that the content written by guest authors is complete, correct, timely, current or up-to-date.


The sites are blogs that are open to the public. Do not post anything inappropriate. By uploading or otherwise making available any information to the author in the form of user generated comments or otherwise, you grant the author the unlimited, perpetual right to distribute, display, publish, reproduce, reuse and copy the information contained therein.

You are responsible for all the content you post. SPAM is never allowed on the sites. You may not impersonate any other person through the sites. You may not post content that is obscene, defamatory, threatening, fraudulent, invasive of another person’s privacy rights, or is otherwise unlawful. You may not post content that infringes the intellectual property rights of any other person or entity. You may not post any content that contains any computer viruses or any other code designed to disrupt, damage, or limit the functioning of any computer software or hardware.

By submitting or posting content on the sites, you grant the author and any company substantially under the control of the author, the right to remove any content or comment that, in author’s sole judgment, does not comply with the terms and conditions of this agreement or is otherwise objectionable. You also grant the author and any company substantially under the control of author the right to modify, adapt, and edit any content.


The sites may contain links to third party web sites. These links are provided solely as a convenience to you and not as a guarantee, warranty, or recommendation by the author of the services, information, content and/or data on such third party web sites or as an indication of any affiliation, sponsorship or endorsement of such third party web sites. The author is not responsible for the content of linked third party web sites and does not make any representations or warranties regarding the privacy practices of, or the content or accuracy of materials on, such third party websites. If you decide to access linked third-party web sites, you do so at your own risk. Your use of third-party websites is subject to the terms of use for such sites.


The information made available at the sites is provided on an “as is” and “as available” basis without warranties of any kind, either express or implied, including, without limitation, warranties of title, noninfringement, and implied warranties of merchantability or fitness for a particular purpose. Without limiting the generality of the foregoing, the author makes no warranty, representation or guaranty as to the content, sequence, accuracy, timeliness or completeness of the information, that the information may be relied upon for any reason or that the information will be uninterrupted or error free or that any defects can or will be corrected.

Without limiting the generality of the foregoing, the author makes no representations or warranties with respect to any information offered or provided within or through the sites regarding treatment of medical conditions, action, or application of medication.

Under no circumstances, as a result of your use of the sites, will the author be liable to you or to any other person for any direct, indirect, special, incidental, exemplary, consequential or other damages under any legal theory, including, without limitation, tort, contract, strict liability or otherwise, even if advised of the possibility of such damages. Without limiting the generality of the foregoing, the author shall have absolutely no liability in connection with the sites for:

1. Damages as a result of lost profits, loss of good will, work stoppage, failure of performance, delays in operation or transmission, nondelivery of information, deletions of files, mistakes, defects, errors, interruptions or computer failure or malfunction;

2. Any loss or injury caused, in whole or in part, by the author’s actions, omissions, or negligence, or for contingencies beyond the author’s control, in procuring, compiling, or delivering the information;

3. Any errors, omissions, or inaccuracies in the information regardless of how caused, or delays or interruptions in delivery of the information; or

4. Any decision made or action taken or not taken in reliance upon the information.


The sites are protected by United States copyright laws. The author hereby reserves any and all intellectual property rights in the sites.


The sites are not intended or designed to attract people under the age of eighteen (18). People under the age of eighteen (18) should not access, use and/or browse the sites.


You agree to indemnify and hold the author harmless from any claim or demand, including attorneys’ fees, made by any third party as a result of (1) any content posted or made available by you on this sites, (2) any violation of law that occurs by you through the sites, and/or (3) anything you do using the sites and/or the information contained therein.


If any provision of this agreement is held to be invalid or unenforceable in whole or in part in any jurisdiction, then that provision shall be deemed ineffective in such jurisdiction but shall have no effect on the enforceability of the remaining provisions.


This agreement and your use of the sites, along with the information contained therein, shall be governed by and construed in accordance with the laws of the state of Pennsylvania without regard to conflict of laws principles, and you agree to submit to the jurisdiction of courts in the state of Pennsylvania. You further agree that any claims or causes of action arising out of or related to this agreement and the sites, along with the information contained therein, shall be filed within one (1) year after such claim or cause of action arose, or such claim or cause of action shall be forever barred.


You hereby acknowledge that this agreement represents the entire understanding between you and the author concerning your use of the sites and the information contained therein.


The author’s failure to exercise or enforce any right or provision of this agreement shall not be deemed to be a waiver of such right or provision.