PLEASE READ THIS AGREEMENT CAREFULLY BEFORE USING THIS SITE OR THE MATERIALS.
Welcome to https://www.iamstillalive.com
The website is owned and operated by I AM STILL ALIVE LLC ("I AM STILL ALIVE") 1433
Bugleboy DR Henderson Nevada.These website and materials are designed to comply with
U.S. laws and regulations.
This is a binding agreement ("Agreement") between iamstillalive and you ("You" or Your").
This Agreement governs Your use of the website (www.iamstillalive) (the "Site" or "Sites"),
including, without limitation, all content such as text, information, images, iamstillalive, online
community, software and other information, services and materials (collectively, the
"Materials") and all information made available to You or by You through this Site by
iamstillalive and/or third parties.
1. OWNERSHIP OF MATERIALS
All Materials are provided by iamstillalive unless indicated otherwise. All intellectual property
rights in the Materials (including copyrights, trademarks, trade secrets and patents) are the
property of iamstillalive unless indicated otherwise. I am still alive retains all copyrights in the
individual pages, and their components, and collective works available at the Site. The
Materials are copyrighted and are protected by federal and worldwide copyright laws and
treaty provisions. They may not be copied, reproduced, modified, published, uploaded,
posted, transmitted, performed, or distributed in any way, without iamstillalive prior written
permission.
2. USE LICENSE
The Materials are only for your own personal use, and you may not share any of the
Materials with any third party. Any unauthorized use of any Materials or information at this
Site may violate patent, copyright, trademark, and other laws. Any use of this Site or the
Materials shall be considered a limited use license, not a transfer of title, and is subject to
the following restrictions: You may not:
- (a) modify the Materials or use them for any
commercial purpose, or any public display, performance, sale or rental;
- (b) decompile, reverse engineer, disassemble or make derivative works of the Materials;
- (c) remove any confidentiality, privacy, patent, copyright, trademark or other proprietary notices from the Materials;
- (d) transfer the Materials to another person or entity in manners inconsistent with
this Agreement and current iamstillalive policies. You agree to prevent any unauthorized
copying of the Materials or information.
3. TERMINATION OF THIS USE LICENSE
iamstillalive may terminate this use license at any time if You are in breach of the terms of
this Agreement. Upon termination, You will immediately destroy any Materials in your
possession, if any, and cease use of the Site.
4. CONDITIONS OF USE AND TERMS
To use any Materials, You must be, and remain at all times while you are using the Site,
- (a) a
currently licensed physician in the US,
- (b) a registered participant of iamstillalive, and
- (c) a
resident in the 50 states of the United States of America, exclusive of its commonwealths,
territories and possessions ("United States").
5. SECURITY
This Site is intended by iamstillalive to require a valid, working e-mail address and password
to access and use the Materials on the Site. Certain other Materials or functionalities on the
Site may require additional access codes. You are solely responsible for
- (1) maintaining the
strict confidentiality of the e-mail address, passwords and codes (collectively, "ID(s)")
assigned to you,
- (2) not allowing another person to use your IDs to access the Site,
- (3) any
damages or losses that may be incurred or suffered as a result of You or Your failure to
maintain the strict confidentiality of Your ID, and
- (4) promptly informing theMednet in writing
of any need to deactivate an ID due to potential or actual security concerns. theMednet is
not liable for any harm related to the theft of Your ID, Your disclosure of Your ID, or Your
authorization to allow another person or entity to access and use the Site using Your ID. You
agree to immediately notify iamstillalive in writing of any unauthorized use of Your ID.
6. MEDICAL DISCLAIMERS
The Materials available are for informational and educational purposes only and are not a
substitute for the professional judgment of a health care professional in diagnosing and
treating patients. iamstillalive or You are not permitted to advise, diagnose, or otherwise treat
users of this Site. Neither the content nor any other service offered by or through this Site is
intended to be for medical diagnosis or treatment. Persons accessing this information
assume full responsibility for the use of the information and agree that iamstillalive is not
responsible or liable for any claim, loss, or damage arising from the use of the information.
iamstillalive does not recommend or endorse any specific drugs, tests, physicians, products,
procedures, opinions, "off-label" drug uses or other information that may be mentioned on
the Site. Your reliance upon the Materials obtained or used by You is solely at Your own risk.
7. REPRESENTATION
As a user of this Site, You are liable for the accuracy of the information that You provide to
us, including, but not limited to, Your personal and professional representation as provided in
Section 4. You hereby certify that You are not a paid consultant or have any other financial
interests in the information you provide to this Site, including, but not limited to, the
promotion of "off-label" drug uses, the disclosure of confidential clinical trial or other
proprietary information.
8. PATIENT DATA AND LEGAL COMPLIANCE
The Site is not intended for the transmission, storing, review or receipt of confidential patient
information ("Patient Information"). However, if you upload such Patient Information to the
Site, the following terms apply. State and Federal laws, as well as ethical and licensure
requirements of Your profession may impose obligations with respect to patient
confidentiality that may limit the ability of physicians, health care providers, and persons
acting on their behalf, to make use of certain Materials or to transmit certain information to
third parties. You represent and warrant that You will, at all times during the term of this
Agreement and thereafter, comply with all laws directly or indirectly applicable to You that
may now or hereafter govern the gathering, use, transmission, processing, receipt, reporting,
disclosure, maintenance, and storage of the Patient Information, and cause all persons or
entities under Your direction or control to comply with such laws. You are, at all times during
the term of this Agreement and thereafter, solely responsible for obtaining and maintaining
all patient consents, if applicable, and all other legally necessary consents or permissions
required or advisable to disclose, process, retrieve, transmit, and view the Patient
Information You transmit, store, or receive in connection with the Site, the Materials and any
third party site. You agree that theMednet, iamstillalive licensors and licensees, and all other
persons or entities involved in the operation of the Materials and functionalities provided
through the Site, have the right to monitor, retrieve, store, review and use Patient
Information, if applicable, in connection with the operation or use such Materials, and are
acting on Your behalf in transmitting Patient Information.
WE CANNOT AND DO NOT ASSUME ANY RESPONSIBILITY FOR YOUR USE OR
MISUSE OF PATIENT INFORMATION OR OTHER INFORMATION TRANSMITTED,
MONITORED, STORED OR RECEIVED WHILE USING THE SITE OR THE MATERIALS.
WE RESERVE THE RIGHT TO AMEND OR DELETE ANY MATERIAL (ALONG WITH THE
RIGHT TO REVOKE ANY MEMBERSHIP OR RESTRICT ACCESS TO THEMEDNET)
THAT IN OUR SOLE DISCRETION VIOLATES THE ABOVE.
9. GENERAL DISCLAIMERS
THE MATERIALS AND THE SITE IS PROVIDED "AS IS" WITHOUT ANY EXPRESS OR
IMPLIED WARRANTY OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY,
NON-INFRINGEMENT OF INTELLECTUAL PROPERTY, OR FITNESS FOR ANY
PARTICULAR PURPOSE OR WARRANTIES ARISING BY COURSE OF DEALING OR
CUSTOM OR TRADE. IN NO EVENT SHALL IAMSTILLALIVE, ITS PARENTS,
SUBSIDIARIES, AFFILIATES AND THEIR RESPECTIVE MEMBERS, DIRECTORS,
OFFICERS, EMPLOYEES, STOCKHOLDERS AND AGENTS BE LIABLE TO YOU OR ANY
OTHER ENTITY FOR ANY AND ALL DAMAGES INCLUDING BUT NOT LIMITED TO
DIRECT, COMPENSATORY, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL,
EXEMPLARY OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES
FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION AND
LOSS OF BUSINESS OPPORTUNITIES) ARISING OUT OF OR RELATING TO
- (1) THE
USE OF OR INABILITY TO USE THE MATERIALS, OR
- (2) RELIANCE ON THE CONTENT
AND MATERIALS OR THE SITE, OR
- (3) ERRORS, INACCURACIES, OMISSIONS,
DEFECTS, UNTIMELINESS, SECURITY BREACHES, OR
- (4) INFORMATION
COMMUNICATED THROUGH THE SITE OR EMAIL,
- (5) THE COMPLIANCE WITH ANY
LAW, RULE, REGULATION, LAW ENFORCEMENT, GOVERNMENT OFFICIALS OR
LEGAL AUTHORITY OR THE LIKE, OR
- (6) ANY OTHER FAILURE TO PERFORM BY
IAMSTILLALIVE OR IAMSTILLALIVE CONTENT PROVIDERS.
THE FOREGOING SHALL
APPLY REGARDLESS OF WHETHER THEMEDNET HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. IAMSTILLALIVE ALSO MAKES NO
REPRESENTATIONS OR WARRANTIES THAT YOUR ACCESS TO AND USE OF THE
SITE, MATERIALS, OR THIRD PARTY SITES.
- (1) WILL BE UNINTERRUPTED OR
ERROR-FREE,
- (2) IS FREE OF VIRUSES, UNAUTHORIZED CODE, OR OTHER
HARMFUL COMPONENTS,
- (3) IS SECURE, OR
- (4) WILL MEET YOUR SATISFACTION.
YOU ARE RESPONSIBLE FOR TAKING ALL PRECAUTIONS YOU BELIEVE NECESSARY
OR ADVISABLE TO PROTECT YOU AGAINST ANY CLAIM, DAMAGE, LOSS OR
HAZARD THAT MAY ARISE BY VIRTUE OF YOUR USE OF THE SITE. Because some
jurisdictions may not permit each of these disclaimers and limitations, the above limitation
may not apply to You.
iamstillalive and its parents, subsidiaries, affiliates and their respective members, directors,
officers, employees, stockholders and agents further do not warrant the accuracy or
completeness of the information, text, graphics, links or other items contained within these
Materials. iamstillalive may make changes to these Materials, or to the services and/or
products described therein, at any time without notice. iamstillalive makes no commitment to
update the Materials. Any description of Materials is not a representation that any such
Materials are available for sale or distribution in Your location.
10. LIMITATION OF LIABILITY
IF, NOTWITHSTANDING THE OTHER TERMS OF THIS AGREEMENT, IAMSTILLALIVE
SHOULD HAVE ANY LIABILITY TO YOU OR ANY THIRD PARTY FOR ANY LOSS, HARM
OR DAMAGE, YOU AND IAMSTILLALIVE AGREE THAT SUCH LIABILITY SHALL UNDER
NO CIRCUMSTANCES EXCEED THE VALUE OF $50.00. YOU AND IAMSTILLALIVE
AGREE THAT THE FOREGOING LIMITATION OF LIABILITY IS AN AGREED
ALLOCATION OF RISK BETWEEN YOU AND IAMSTILLALIVE. YOU ACKNOWLEDGE
THAT ABSENT YOUR AGREEMENT TO THIS LIMITATION OF LIABILITY, IAMSTILLALIVE
WOULD NOT PROVIDE THE SITE OR MATERIALS TO YOU.
11. INDEMNITY
You agree to defend, indemnify and hold iamstillalive, its parents, subsidiaries, affiliates and
their respective members, directors, officers, employees, stockholders and agents harmless
against any losses, expenses, costs or damages (including iamstillalive reasonable
attorneys' fees, expert fees' and other reasonable costs of litigation) arising from, incurred as
a result of, or in any manner related to
- (1) Your breach of this Agreement,
- (2) Your
unauthorized or unlawful use of the Site or the Materials, and
- (3) the unauthorized or
unlawful use of the Site by any other person using Your ID.
12. USER SUBMISSIONS
Unless otherwise agreed in writing prior to Your submission, any material, information or
other communication You transmit or post to the Site or third party site ("Communications")
will be considered non-confidential and non-proprietary. iamstillalive will have no obligations
with respect to the Communications. You agree that from time to time iamstillalive may invite
or otherwise make You aware of certain educational, promotional or financial opportunities
relating to Your Communications and profile.
All Communications become the sole property of iamstillalive on transmission or posting to
the Site. iamstillalive hereby grants You a non-exclusive, non-transferable license to re-use
or republish your own contributions made to the iamstillalive Site in its original or derivative
form for republication elsewhere, such as in journals or other professional publications. This
license is restricted to Your own contributions and does not grant You rights to republish the
contributions or postings of other iamstillalive members. iamstillalive and its designees will
be free to use for any purpose, copy, disclose, sell, license, modify, distribute, perform,
incorporate and otherwise use the Communications and all data, images, sounds, text, and
other things embodied therein for any and all commercial or non-commercial purposes to the
extent permitted by applicable law. iamstillalive shall be free to use any ideas, concepts,
know-how or techniques contained in such information for any purpose whatsoever
including, but not limited to, research and development, manufacturing, and marketing
products and services incorporating such information. You are prohibited from posting or
transmitting to or from this Site any unlawful, infringing, threatening, libelous, defamatory,
obscene, pornographic, or other material that would violate any law. You are prohibited from
revealing the name or other personally identifying information of any other iamstillalive
member unless that individual has previously revealed his or her own name or personally
identifying information in that specific iamstillalive post. Any attempt to obtain unauthorized
access or to exceed authorized access to the Site shall be considered a trespass and
computer fraud and abuse, punishable under state and federal laws. iamstillalive hereby
notifies You that any or all Communications with this Site can and will be monitored,
captured, recorded, and transmitted to the authorities as deemed necessary by iamstillalive
in its sole discretion and without further notice. You are reminded that iamstillalive does not
collect personal health information about individuals. To submit a post, You must provide and
upload information to the iamstillalive server. Within Your uploaded submission, iamstillalive
does not collect or maintain information that would associate this submission with a specific
patient or individual. The Health Insurance Portability and Accountability Act of 1996 (HIPAA)
privacy rule, which took effect on April 14, 2003, allows for the use of de-identified health
information so long as identifiers have been "stripped" and a key is not disclosed that would
allow the information to be re-identified. iamstillalive does not possess a key to re-identify
patient data.
13. COOPERATION WITH GOVERNMENT AUTHORITIES
If necessary and in accordance with applicable law, iamstillalive will comply with local, state,
federal, international and/or worldwide with all laws, rules, regulations, law enforcement,
government officials, legal authority or the like.
14. LINKS TO OTHER MATERIALS
Any sites linked from iamstillalive are not necessarily under the control of iamstillalive and
iamstillalive is not responsible for nor does it certify the content of any linked site or any link
contained in a non-affiliated linked site. iamstillalive reserves the right to terminate any link or
linking program at any time. iamstillalive has selected the links for Your convenience. The
selection or omission of links is not intended to endorse any particular companies or
products. If You decide to access any of the third party sites linked to this Site, You do this
entirely at Your own risk. Any links to any portion of the Site shall be the responsibility of the
linking party, and iamstillalive shall not be responsible for notification of any change in name
or location of any information of the Site. iamstillalive reserves the right to request any web
site administrator to disable or remove any link that violates any rights of iamstillalive or
causes interruption or deterioration of Materials provided by iamstillalive. Failure to abide by
this request shall be dealt with as provided in this section.
15. DISPUTE RESOLUTION
Any dispute between iamstillalive and You arising out of this Agreement shall be resolved
first by direct communication with one or more of iamstillalive management team members.
Should iamstillalive and You be unable to resolve the dispute by communication and both
You and iamstillalive jointly agree to do so, iamstillalive or You may submit any dispute
arising out of or relating to this Agreement, or the breach thereof, to final and binding
arbitration administered by the American Arbitration Association nearest the place of
iamstillalive headquarters and pursuant to Nevada law. The arbitrator shall fully implement
the intent and purposes of this Agreement. The party found liable shall indemnify the other
party for and hold them harmless from all losses, costs, and expenses (including costs of
arbitration and reasonable attorneys' fees) resulting from any breach or from defending
against any allegations of a breach determined to be unfounded.
16. ENTIRE AGREEMENT
This Agreement, including the Privacy Policy, and any other iamstillalive policy which is
incorporated herein by this reference, contains the entire agreement between You and
iamstillalive relating to the subject matter hereof, and supersedes any other oral or written
communications relating thereto. This Agreement may not be amended or supplemented by
- (1) any purchase order or similar form originated by You relating to the subject matter hereof,
or
- (2) statements of any of iamstillalive employees.
17. TERMINATION
Your right to access and use the Site and Materials immediately terminates without further
notice upon Your breach of this Agreement. iamstillalive may terminate this Agreement
and/or Your right to use the Site and Materials at any time, with or without cause. iamstillalive
reserves the right to discontinue or make changes to the Site and/or Materials at any time.
18. ASSIGNMENT
iamstillalive may assign this Agreement, in whole or in part, in its sole discretion. You may
not assign Your rights under this Agreement without iamstillalive prior written permission.
Any attempt by You to assign Your rights under this Agreement without iamstillalive
permission shall be void.
19. WAIVER OF BREACH
Any failure to enforce any term or provision of this Agreement shall not be deemed a waiver
of that or any other breach of that or any other term or provision of this Agreement. In
addition, any failure to enforce any term or provision of this Agreement shall not constitute a
waiver of a future breach of that or any other term or provision of this Agreement.
20. FORCE MAJEURE
iamstillalive shall not be liable for any failure or unavailability of the Site and/or the Materials
or failure by iamstillalive to perform a transaction as a result of strikes, lockouts, calamities,
acts of God, unavailability of suppliers, the loss or destruction of data, the deletion or
corruption of storage media, power failures, natural phenomena, riots, acts of vandalism,
acts or omissions of civil or military authority, war, terrorism or any other event beyond
iamstillalive's control.
21. NOTICE
iamstillalive may deliver notice to You under this Agreement by means of electronic mail, a
general notice on http://www.iamstillalive.com, or by written communication delivered by first
class U.S. mail to Your address on record in iamstillalive account information. You may give
notice to iamstillalive at any time via electronic mail to customercare@iamstillalive.com
If You object to any material found on this Site, please bring Your concerns to the attention of
[customercare@iamstillalive.com]. The Site administrator reserves the right to remove any
material alleged to be infringing any third-party rights pending further investigation.
22. HEADINGS
The headings of articles and sections contained in this Agreement are for reference
purposes only and shall not affect in any way the meaning or interpretation of this
Agreement.
23. INVALIDITY
If any provision of this Agreement shall be held, be deemed or shall in fact be, invalid,
inoperative or unenforceable as applied to any particular case or circumstance because of
the conflicts of any provision with any law, regulation, ordinance or for any other reason, the
provision or provisions in question shall not be invalid, inoperative or unenforceable in any
other case or circumstance, nor shall any other provision or provisions herein contained
thereby be or become invalid, inoperative or unenforceable and such provision shall be
reformed so that it would be valid, operative and enforceable to the maximum extent
permitted in such circumstances.
24. GENERAL
iamstillalive reserves the right to make changes to this Agreement at any time without
advance notice. iamstillalive agrees to post all amended forms of this Agreement on the Site
and such amended forms shall be effective immediately upon its posting. It is at all times
Your responsibility to read the most current form of this Agreement before using the Site to
ensure that You agree to the terms and conditions of any amendments made to this
Agreement. You agree that these standards for notice of amendments to this Agreement are
reasonable. You understand and agree that if you use the iamstillalive services or access the
Site after the date on which the amendment has been posted, You consent to the such
amendment.