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Terms of use agreement

Effective as of 03/02/2004

The site does not provide medical advice.
Please consult your physician with any questions or concerns you may have regarding your health.

Acceptance of Terms

By accessing or using the Site, you agree to be bound by the terms of this Agreement. We encourage you to review this Agreement periodically for any updates or changes. If you do not accept the terms of this Policy, please do not use this Site.

All of the material provided on the Site, such as graphics, photographs, text, and any other material provided on the Site ("Content") are for informational purposes only and is NOT a substitute for professional medical advice. Please consult your physician with any questions or concerns you may have regarding your health.

Risk of Using the Site and the Internet

You assume total responsibility and risk for your use of the Site and the Internet. You acknowledge and agree that any downloads or transmission you make from or through the Site may be intercepted and used by an unauthorized third party and that all of the risk associated with these activities is solely yours.

Links to Other Websites

Any links to other websites are provided merely as a convenience to the this Site. migraine-aura.org has not reviewed all of these other websites, has no responsibility for the content of such other sites, shall not be liable for any damages or injury arising from any such content, and does not endorse or make any representations about these websites, any information or other products or materials found there, or any results that may be obtained from using them. If you decide to access any of these other sites linked to this Site, you do so entirely at your own risk.

Intellectual Property

The contents of the Site, such as text, graphics, logos, photographs, and other information (the "Proprietary Content") is, unless otherwise noted, the property of migraine-aura.org, partners, or contributors. The Proprietary Content is protected by international copyright and trademark laws, or other proprietary rights. These rights are protected in all forms, media and technologies existing now or hereinafter developed. You may print and download portions of material from the different areas of the Site solely for your non-commercial personal use; however, all copyright notices should be retained. No portion of the Proprietary Content may be reprinted, republished, modified, or distributed in any form without the express written permission of migraine-aura.org as noted below.

To request permission to use material from the Site, as required by the preceding restrictions, contact Markus Dahlem. Please include the subject line "Request for permission to use material from migraine-aura.org" in a prominent location.

Certain Proprietary Content may be licensed from third parties and all such third party content and all intellectual property rights related to the third party content belong to the respective third parties. In addition, certain trademarks are the property of their respective third party owners, and the use of trademarks, logos, or brand names in the Site are for identification purposes only, and does not imply an endorsement by migraine-aura.org of the trademark owner, or vice-versa, or that such trademark owner has authorized migraine-aura.org to promote its products, services, or content. You may not remove any copyright, trademark or other intellectual property or proprietary notice or legend contained on the Site or the Proprietary Content. Any rights not expressly granted by this Agreement or any applicable end-user license agreements are reserved by migraine-aura.org.

Except as expressly provided above, nothing contained herein shall be construed as conferring by implication, estoppel or otherwise any license or right under any patent, copyright or trademark of migraine-aura.org or any third party.

Acceptable and Lawful Use of the Site

Any information provided by you in connection with use of the Site: (a) shall not be false, inaccurate or misleading; (b) shall not be obscene or indecent; (c) shall not contain any viruses, Trojan horses, worms, time bombs, spiders, or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; (d) shall not infringe on any migraine-aura.org or third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (e) shall not be defamatory, libelous, unlawfully threatening or harassing; and (f) shall not create liability for migraine-aura.org or cause us to lose the services of our Internet service providers or other suppliers. You may not take any action that imposes an unreasonable burden upon the infrastructure used to support the Site, including but not limited to unsolicited e-mail, also called spam.

NO WARRANTIES

the site and the content and services made available on the site are provided on an "as is" and "as available" basis.

the information contained on this site is not intended to be a substitute for professional medical advice. you should seek the advice of your physician or other qualified health provider for any questions you may have regarding a medical condition.

migraine-aura.org does not make any express or implied warranties, representations or endorsements whatsoever (including, but not limited to, warranties of title or non-infringement, or the implied warranties of merchantability or fitness for a particular purpose) with regard to the site, the site content, any advice or services provided through the site or on the internet generally. some states may not permit the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. migraine-aura.org does not warrant that the site or services will be uninterrupted or error-free or that defects in the site will be corrected.

Limitation of liability

Under no circumstances shall migraine-aura.org, our partners, contributors, agents, employees, or any other party involved in creating, producing, or distributing the site or providing content, advice, products or services through the site be liable for any direct, indirect, incidental, special, or consequential damages for loss of profits, goodwill, use, data or other intangible losses (even if we have been advised of the possibility of such damages) that result from: (i) the use of or inability to use the site; (ii) any inaccuracies or omissions in the content; (iii) use of the content; (iv) the cost of procuring substitute merchandise, advice and services resulting from use of the site; (v) unauthorized access to or alteration of your transmissions or data; (vi) statements, advice, warranties, guarantees or conduct of migraine-aura.org or any third party on the site, or (vii) any other matter relating to the use of the site.

You hereby acknowledge that this paragraph shall apply to all content, advice, merchandise, and services available through the site. In no event shall migraine-aura.org's total cumulative liability under these terms exceed the lesser amount of any fees paid to migraine-aura.org, if any, for the use of the site by you or $1.00.

Because some states may not allow the exclusion or limitation of liability for consequential or incidental damages, in such states liability is limited to the least amount permitted by law. The limitations of liability provided in this agreement inure to the benefit of migraine-aura.org and their affiliates, partners, contributors, officers, directors, employees, assigns, attorneys and agents.

Indemnification

You agree to indemnify, defend and hold migraine-aura.org and our affiliates, partners, contributors, officers, directors, employees and agents harmless from and against any and all claims, demands, actions, costs, liabilities, losses and damages of any kind (including reasonable attorney's fees) resulting from (i) your use of the Site, (ii) your use of, or reliance on the products, services, advice, or information provided through the Site, or (iii) your breach of any provision of this Agreement. migraine-aura.org reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with migraine-aura.org in asserting any available defenses.

Policy Regarding Copyright Infringement and Designation of a Copyright Agent

migraine-aura.org's policy regarding copyright infringement and migraine-aura.org's designated agent for receipt of copyright infringement claims pursuant to the Digital Millennium Copyright Act (17 USC § 512) is incorporated herein and follows below:

migraine-aura.org respects the intellectual property rights of others and requires those that visit our web site or use our network to do the same. migraine-aura.org may, in appropriate circumstances and at its discretion, remove or disable access to material on its web site or its network that infringes upon the copyright rights of others. migraine-aura.org also may, at its discretion, remove or disable links or references to an online location that contains infringing material or infringing activity. In the event that any visitors to our website or users of our network repeatedly infringe on others copyrights, we may in our sole discretion terminate those individuals' rights to use our website and/or network.

If you believe that your work has been used on our web site or our network in any manner that constitutes copyright infringement, please notify us by written notice.

Author: Markus Dahlem and Klaus Podoll
Last modification of this page: Fri. May 21 2004

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