1. Agreement between User and Obermayer Rebmann Maxwell & Hippel LLP. The Obermayer Rebmann Maxwell & Hippel LLP (“Obermayer”) Health Law Gurus blog (the “Blog”) is provided subject to these Terms and Conditions of Use (this “Agreement”). By viewing or using the material on the Blog, you indicate that you understand and agree to the terms of this Agreement.
2. Modification and Amendment. Obermayer reserves the right to modify or amend this Agreement at any time and without notice. Your continued use of the Blog after any modification or amendment constitutes your acceptance of the new terms and conditions herein.
3. Services. The information on the Blog is intended to provide a brief overview of news, commentary, and laws about health care. It is made available for education purposes only as well as to give you general information and a general understanding of the law, not to provide specific legal advice. By using this Blog you understand that there is no attorney client relationship between you and Obermayer. The Blog should not be used as a substitute for competent legal advice from a licensed professional attorney in your state.
4. Third Party Content and Links
Content. Some of the content on the Blog was written by third parties (i.e., other companies or by website users), not by Obermayer. Obermayer assumes no responsibility for content or other information provided by third parties. Therefore, any opinions, statements, services or other information expressed or made available by third party suppliers on the Blog are those of such third party suppliers. Obermayer does not represent or endorse the accuracy or reliability of any opinion, statement or other information provided by any third party.
Links. The Blog may contain links to third-party websites that are not owned or controlled by Obermayer. Be advised that when you link to these other sites, you are leaving the Blog and these websites are not under the control of or maintained by Obermayer. Obermayer is not responsible for and is not liable for the content, products, services or other materials on or available from such websites. Additionally, Obermayer is not responsible or liable, directly or indirectly, for any damages or losses caused or alleged to be caused by or in connection with the use of or reliance on such content, products, services or other materials available on or through any such website.
5. No Warranty. Your use of the Blog is at your sole risk. The Blog is provided on an “as is” and “as available” basis. Obermayer expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. Obermayer makes no warranty that (1) any products or services listed on the Blog are suitable for your use, (2) the Blog will meet your requirements, (3) the Blog will be uninterrupted, timely, secure, or error-free, (4) the material or results that may be obtained from the use of the Blog will be accurate or reliable or (5) any errors in the Blog will be corrected. Any material downloaded or otherwise obtained through the use of the Blog is done at your own discretion and risk and you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material. No advice or information, whether oral or written, obtained by you from Obermayer or through or from the Blog and/or any links shall create any warranty not expressly stated in this Agreement.
6. Unlawful or Prohibited Use. You agree that you will use the Blog in accordance with this Agreement and in accordance with all applicable federal and state laws and regulations. You may not use the Blog in any manner which could damage, disable, overburden, or impair the Blog or interfere with any other party’s use or enjoyment of the Blog. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Blog.
7. Intellectual Property/Proprietary Rights. The Blog and all materials therein, including, but not limited to software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music (“Obermayer Content”) and all intellectual property rights related thereto, are the exclusive property of Obermayer and its licensors. Except as explicitly provided herein, nothing in this Agreement shall be deemed to create a license in or under any such intellectual property rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create any derivative works from any Obermayer Content. Use of Obermayer Content for any purpose not expressly permitted by this Agreement is prohibited.
8. Indemnification. You agree to indemnify and hold harmless Obermayer and its subsidiaries, agents, licensors, managers, and affiliates, and all of their directors, officers, agents, contractors, principals or other partners, and employees from and against any and all claims, damages, obligations, losses liabilities, costs or debt, and expenses (including, but not limited to, attorneys’ fees) arising from: (i) your use of and access to the Blog, including any data or content transmitted or received by you; (ii) your violation of any term of this Agreement; (iii) your violation of any third-party right, including without limitation any right of privacy or intellectual property rights; and/or (iv) your violation of any applicable federal and/or state law, rule, or regulation.
9. Limitation of Liability.
a. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL OBERMAYER, ITS AFFILIATES, SUBSIDIARIES, AGENTS, OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, SUPPLIERS, CONTRACTORS, LICENSORS AND/OR LICENSEES BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, AND/OR EXEMPLARY DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF, OR INABILITY TO USE THE BLOG. UNDER NO CIRCUMSTANCES WILL OBERMAYER BE RESPONSIBLE FOR ANY DAMAGE, LOSS, OR INJURY RESULTING FROM HACKING, TAMPERING, OR OTHER UNAUTHORIZED ACCESS OR USE OF THE BLOG OR THE INFORMATION CONTAINED THEREIN.
b. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OBERMAYER ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF THE BLOG; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE BLOG; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE BY ANY THIRD PARTY; AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE BLOG.
c. THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF OBERMAYER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
d. The Blog is controlled and operated from Obermayer’s facilities in the United States. Obermayer makes no representations that the Blog is appropriate or available for use in other locations. Those who access or use the Blog from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable United States and local laws and regulations, including but not limited to export and import regulations. You may not use the Blog if you are a resident of a country embargoed by the United States, or are a foreign person or entity blocked or denied by the United States government. Unless otherwise explicitly stated, all materials found on the Blog are solely directed to individuals, companies, or other entities located in the United States.
10. Termination/Access Restriction. Obermayer reserves the right, in its sole discretion and without prior notice, to limit or terminate your access to the Blog or any portion thereof at any time without liability. Upon termination for any reason or no reason, you continue to be bound by the terms of this Agreement.
12. Security. Obermayer cares about the integrity and security of your personal information, and uses commercially reasonable physical, managerial, and technical safeguards to preserve the integrity and security of your personal information. However, we cannot guarantee that unauthorized third parties will never be able to defeat our security measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.
13. No advice. Any material or information obtained through the Blog is not intended to be taken as advice with respect to any individual situation and cannot be relied upon as such. Nothing contained, expressed, or implied in the Blog is intended as, nor shall be construed or understood as personal, medical, legal, or financial advice. You should consult an appropriate professional for specific advice tailored to your situation.
14. Copyright and Trademarks. COPYRIGHT 2013, Obermayer Rebmann Maxwell & Hippel LLC, All Rights Reserved. Trademarks are owned by Obermayer Rebmann Maxwell & Hippel LLP, All Rights Reserved.
15. Entire Agreement. This Agreement constitutes the entire agreement between you and Obermayer and governs your use of the Blog, superseding any prior agreements between you and Obermayer. You also may be subject to additional terms and conditions that may apply when you use affiliated sites or software.
16. Governing Law; Jurisdiction; Venue. This Agreement and the relationship between you and Obermayer will be governed by the laws of the state of Pennsylvania, without reference to its choice of law rules. You and Obermayer agree to submit to the personal and exclusive jurisdiction of the courts in the state of Pennsylvania.
17. Assignment. This Agreement and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Obermayer without restriction. Any attempted transfer or assignment by you in violation hereof shall be null and void.
18. Waiver, Severability. The failure of Obermayer to exercise or enforce any right or provision of this Agreement does not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of this Agreement shall remain in full force and effect.
19. Cause of Action. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Blog or this Agreement must be filed within one year after such claim or cause of action arose or be forever barred.