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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. This 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.
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.
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:
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.
To use any Materials, You must be, and remain at all times while you are using the Site,
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
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.
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.
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 iamstillalive, its 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 IAMSTILLALIVE) THAT IN OUR SOLE DISCRETION VIOLATES THE ABOVE.
THE MATERIALS AND THE SITE ARE 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
THE FOREGOING SHALL APPLY REGARDLESS OF WHETHER IAMSTILLALIVE 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.
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.
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.
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
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 that 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.
If necessary and in accordance with applicable law, iamstillalive will comply with all local, state, federal, international, and/or worldwide laws, rules, regulations, law enforcement, government officials, legal authority or the like.
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.
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.
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
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.
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.
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.
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.
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.
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.
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.
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.
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