Blog Participation Agreement & Disclaimer

Participation

As used herein “Loma Linda University” (LLU) shall include officers, directors, employees, contractors, agents and affiliated organizations.

By your participation in this Blog, you agree and acknowledge that the opinions expressed on this site are the personal opinions of the original author(s), not Loma Linda University (LLU), and the content is not meant to be an endorsement or representation by LLU or any other party.

You agree that your participation in this Blog is completely voluntary and at your own risk, which you hereby assume.

LLU may revise and update provisions of this participation agreement at any time, without notice.  Your continued usage of this Blog will mean you accept the provisions of this Agreement as well as any changes.  LLU expressly reserves the right to change the focus of this Blog, to shut it down, to sell it, or to change the terms of use at LLU’s sole discretion.

You are responsible for your reliance on any information found on this Blog.  You are responsible for your communications and all consequences of posting those communications. You agree that you will not upload or transmit any communications or content of any type to this Blog that infringe or violate any rights of any party.

Advice

The contents of this Blog, such as text, graphics, images, posts, comments and is for informational and entertainment purposes only.  The information provided in this Blog is intended to educate, entertain or stimulate conversation about certain issues related to education and health care.   The content is not a substitute for professional medical advice, medical examination, diagnosis, treatment, or any medical care whatsoever.   You must consult with your physician regarding any questions about a medical condition. You must not delay seeking medical advice or treatment because of anything you have seen on this Blog.

If you may be experiencing a medical emergency, you should call 911 immediately. You must not rely on any information in this Blog, and you agree that you are using the information contained in this Blog at your own risk.

Links

Certain links in this Blog may connect to third party web sites. LLU does not accept any responsibility for, nor make any representations as to the accuracy of, any content in such third party web sites.  LLU does not control or guarantee the accuracy, relevance, timeliness, or completeness of information on non-LLU Web sites.  Use of linked sites is strictly at your own risk, including any risks associated with destructive viruses.  Links to particular items in hypertext are not intended as endorsements of any views expressed, products or services offered on outside sites, or the organizations sponsoring those sites.

Comments

Any Blog comments are submitted on the basis that LLU will review and may edit such comments, and that not all submissions will be published.  Any third party comments published on the Blog (whether edited or not) are third-party information for which LLU takes no responsibility and disclaims all liability, and the above disclaimer applies to any such third-party comments.  LLU further reserves the right to edit or delete any comments submitted to this Blog without notice.

The views expressed in the posts and comments of this Blog do not necessarily reflect the views of LLU. They should be understood as the personal opinions of the author.

Participants on this Blog are fully responsible for everything that they submit in their comments, and all posted comments are in the public domain.

Privacy

If and to the extent that you submit any personal data (such as your name and email address) to LLU through this Blog, including by email to the Blog manager, LLU (as data controller) confirms that it will only use any such personal data for the purposes for which you have provided such data, but may release such information in response to a request by law enforcement or other government agency.

You should not send LLU any confidential or proprietary information. Any information, which you send to LLU, will be treated as being non-confidential and nonproprietary, and you agree that any such information you choose to provide may be reproduced, used, and distributed by LLU for any purpose without restriction.

Copyright 

The copyright in the text, podcasts, PowerPoint slides, layout and any other materials on this Blog is owned by Loma Linda University, which expressly reserves all rights thereto. 

If you wish to use or copy any of the text or other materials on this Blog (or any extracts from the same), you must first contact LLU for copyright permission in relation to the proposed use, which is only permitted subject to the express written consent of LLU.  In addition, any use of text or other materials on this Blog (or any extracts from the same) in published materials must identify the LLU materials involved and reference the LLU author’s name, Loma Linda University and (if so requested by LLU) the email contact details of the LLU author.

You are not being granted a license under any copyright, trademark, patent or other intellectual property right in the material or the products, services, processes or technology described in this Blog.

Responsibility

The use of this Blog is at your own risk.

LLU 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 this Blog.

The Blog is provided on an “as-is, as-available” basis and LLU does not guarantee access to this Blog at any particular time.   More specifically:

ALL INFORMATION ON THIS BLOG IS PROVIDED “AS IS” AND WITHOUT WARRANTY OF ANY KIND.  LOMA LINDA UNIVERSITY SPECIFICALLY DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING WARRANTIES OF TITLE, ACCURACY, NON-INFRINDGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND WARRANTY AGAINST INTERFERENCE WITH YOUR OPERATION OR ENJOYMENT OF THE BLOGS.  LOMA LINDA UNIVERSITY DOES NOT PROVIDE ANY WARRANTY REGARDING THE SECURITY OR AVAILABILITY OF THIS BLOG OR TO THE ACCURACY OR COMPLETENESS OF ANY INFORMATION PRESENTED ON THIS BLOG.

In no event shall LLU or any third parties mentioned on this Blog 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 this Blog or its content, whether based on warranty, contract, tort, or any other legal theory, and whether or not LLU or any third parties mentioned on this Blog are advised of the possibility of such damages. LLU or any third parties mentioned on this Blog are not liable for any personal injury, including death, caused by your use or misuse of the this Blog or its content.  Any claims arising in connection with your use of this Blog or any of its content must be brought within one (1) year of the date of the event giving rise to such action occurred.

The following actions will result in discontinuation of your privilege to participate in this Blog:

1.  Using this Blog 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 LLU 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 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 Blog, or which, in the judgment of LLU, exposes LLU or any of its customers or suppliers to any liability or detriment of any type.

LLU may, at its sole discretion, take any of the following actions:

  1. Record the dialogue in Blogs.
  2. Remove communications that are abusive, illegal, or disruptive, or that otherwise fail to conform with the LLU mission.
  3. Terminate a user’s access to this Blog.
  4. Monitor, edit, or disclose any communication in this Blog.
  5. Edit or delete any communication(s) posted on this Blog.

You agree to defend, indemnify, and hold LLU, its officers, directors, employees, agents, contractors and affiliated organizations 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 actions with respect to this Blog.

THESE TERMS AND CONDITIONS SHALL BE GOVERNED AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF CALIFORNIA WITHOUT REGARD TO ITS RULES OF CONFLICT OF LAWS.  ANY CLAIM, ACTION, OR SUIT THAT ARISES OUT OF OR RELATES TO THESE TERMS SHALL BE BROUGHT AND CONDUCTED SOLELY AND EXCLUSIVELY WITHIN THE SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN BERNARDINO. PROVIDED, HOWEVER, THAT IF ANY SUCH CLAIM, ACTION OR SUIT MAY BE BROUGHT ONLY IN A FEDERAL FORUM, IT SHALL BE BROUGHT AND CONDUCTED SOLELY AND EXCLUSIVELY WITHIN THE UNITED STATES DISTRICT COURT FOR THE CENTRAL DISTRICT OF CALIFORNIA.  YOU, BY USE OF THE BLOGS, HEREBY CONSENT TO THE IN PERSONAM JURISDICTION OF SAID COURTS.

Agreement

In the event that any provision contained herein is rendered invalid or unenforceable by any law or regulation, or declared null and void by any court of competent jurisdiction, that part shall be reformed, if possible, to conform to law and if reformation is not possible, that part shall be deleted, the remainder of the provisions shall, subject to this paragraph, remain in full force and effect. The failure of LLU to enforce any of these provisions shall not constitute a waiver by LLU of that or any other provision.

The provisions herein constitute the entire agreement between you and LLU with respect to the use of this Blog and any of its content.