TERMS AND CONDITIONS OF USE

Terms and Conditions of Use

Your use of our website signifies your agreement to these Terms and Conditions of Use. By using our site, you are deemed to have read these Terms and Conditions of Use and to have accepted them. YOU AGREE TO READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING OUR SITE. If you do not agree to these Terms and Conditions of Use, you may not access or otherwise use our site.

We are Publishers.

We publish information about health topics in which we believe our readers may be interested. The information contained on our site is provided for general informational purposes, as a convenience to the customers of SecondOpinionNewsletter.com and Soundview Communication, Inc. (“Soundview”). Neither SecondOpinionNewsletter.com nor Soundview is engaged in rendering any legal, medical or professional services. The information that we provide or that is derived from our website or newsletters should not be a substitute for advice from a qualified health professional. We encourage you to obtain personal advice from a qualified health professional advisor and to make independent investigations before acting on the information that you obtain from us or derive from our website or newsletters. We do not in any way warrant or guarantee the success of any action you take in reliance on the statements found on our website or newsletters.

Links.

We offer the links on our website to other websites as a matter of convenience, and the links are in no way meant to imply that Soundview (a) endorses, sponsors, promotes, or is affiliated with the owners of or participants in those sites, or (b) endorses or warrants any information contained on those sites, unless expressly stated. Furthermore, Soundview does not endorse, guarantee, or warrant any third party products advertised on its site, in its newsletters, in any third party rental of its permission-based lists, or otherwise referenced in any information provided by Soundview or derived from SecondOpinionNewsletter.com, Soundview's website. Soundview expressly disclaims any responsibility and accepts no liability with respect to such information and products. Soundview may receive a fee from a service provider that has a link on SecondOpinionNewsletter.com.

DISCLAIMERS AND LIMITATION ON LIABILITY

DUE TO THE NUMBER OF SOURCES FROM WHICH THE CONTENTS OF THIS WEBSITE ARE OBTAINED, AND THE INHERENT HAZARDS OF ELECTRONIC DISTRIBUTION, THERE MAY BE DELAYS, OMISSIONS, OR INACCURACIES IN THE CONTENTS, AND ALTHOUGH THE CONTENTS HAVE BEEN OBTAINED FROM SOURCES BELIEVED TO BE RELIABLE, THEY ARE PROVIDED TO YOU ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND. WE AND OUR AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND LICENSORS (COLLECTIVELY, THE "SOUNDVIEW PARTIES") MAKE NO REPRESENTATION OR WARRANTIES OF ANY KIND WHATSOEVER FOR THE CONTENT ON THE SITE OR THE MATERIALS, INFORMATION AND FUNCTIONS MADE ACCESSIBLE BY THE SOFTWARE USED ON OR ACCESSED THROUGH THE SITE, FOR ANY PRODUCTS OR SERVICES OR HYPERTEXT LINKS TO THIRD PARTIES, OR FOR ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE SITE OR ANY LINKED SITE. THE SOUNDVIEW PARTIES CANNOT AND DO NOT MAKE ANY REPRESENTATION AND, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, HEREBY DISCLAIM WITH RESPECT TO THIS WEBSITE AND THE CONTENTS ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES OF ANY KIND TO YOU OR ANY THIRD PARTY, INCLUDING, BUT NOT LIMITED TO, REPRESENTATIONS AND WARRANTIES REGARDING ACCURACY, TIMELINESS, COMPLETENESS, CURRENTNESS, NONINFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR ANY PARTICULAR PURPOSE, AND ANY REPRESENTATIONS OR WARRANTIES ARISING FROM USAGE OR CUSTOM OR TRADE OR BY OPERATION OF LAW. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SITE OR ANY MATERIALS OR CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE SOUNDVIEW PARTIES ASSUME NO RESPONSIBILITY FOR THE CONSEQUENCES OF ANY ERRORS OR OMISSIONS.

IN NO EVENT SHALL ANY SOUNDVIEW PARTY BE LIABLE TO YOU OR ANYONE ELSE FOR ANY CLAIM ARISING OUT OF OR RELATING TO THIS WEBSITE OR ANY OF ITS CONTENT, INCLUDING, BUT NOT LIMITED TO, (a) ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE UPON SUCH CONTENT, AND (b) ANY TYPE OF DAMAGES (SUCH AS, BUT NOT LIMITED TO, DIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE, OR INDIRECT DAMAGES), EVEN IF YOU ADVISE THE SOUNDVIEW PARTY OF THE POSSIBILITY OF SUCH DAMAGES; AND (c) ANY LOSS OR INJURY CAUSED IN WHOLE OR IN PART BY CONTINGENCIES BEYOND OUR CONTROL, AND (d) ANY LOSS OR INJURY CAUSED IN WHOLE OR IN PART BY NEGLIGENCE IN PROCURING, COMPILING, INTERPRETING, EDITING, WRITING, REPORTING, OR DELIVERING ANY CONTENT.

TO THE EXTENT THAT WE HAVE ANY LIABILITY TO YOU, WHETHER IN CONTRACT, TORT, CIVIL PENALTIES, OR OTHERWISE, SHALL BE LIMITED IN THE AGGREGATE TO YOUR DIRECT AND ACTUAL DAMAGES NOT TO EXCEED THE FEES YOU PAY US.

GOVERNING LAW; SUBMISSION TO JURISDICTION; LIMITATIONS

TTHESE TERMS AND CONDITIONS OF USE, THE PRIVACY POLICY, AND ALL OTHER ASPECTS OF THE RELATIONSHIP BETWEEN YOU AND US SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF GEORGIA, WITHOUT REGARD TO SUCH STATE'S CONFLICTS OF LAW PROVISIONS. SOLE AND EXCLUSIVE JURISDICTION FOR ANY DISPUTE YOU HAVE WITH US OR ANY OTHER SOUNDVIEW PARTY SHALL BE IN A STATE OR SUPERIOR COURT IN FULTON COUNTY, GEORGIA, OR THE UNITED STATES DISTRICT COURT, NORTHERN DISTRICT OF GEORGIA, ATLANTA DIVISION, DEPENDING ON WHICH COURT HAS SUBJECT MATTER JURISDICTION. YOU HEREBY WAIVE ALL OBJECTIONS TO JURISDICTION AND VENUE IN SUCH COURTS, INCLUDING THOSE BASED ON FORUM NON CONVENIENS. ANY CAUSE OF ACTION YOU MAY HAVE RELATING TO OUR WEBSITE CONTENT OR YOUR USE OF OUR SITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CLAIM OR CAUSE OF ACTION ARISES.

If any provision of these Terms and Conditions of Use is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions of Use, which shall remain in full force and effect. A waiver must be in writing, and no waiver of any of these Terms and Conditions of Use shall be deemed a further or continuing waiver of such term or condition or any other term or condition.

Entire Agreement

EXCEPT AS EXPRESSLY PROVIDED IN A PARTICULAR SERVICE AGREEMENT WITH A SUBSCRIBER, THESE TERMS AND CONDITIONS OF USE, TOGETHER WITH THE PRIVACY POLICY (WHICH ARE HEREBY INCORPORATED HEREIN BY REFERENCE AND FORM A SUBSTANTIVE PART OF THIS AGREEMENT) CONSTITUTE THE ENTIRE AGREEMENT BETWEEN US REGARDING OUR WEBSITE CONTENT AND YOUR USE OF THIS WEBSITE AND ITS CONTENT.

Changes to Terms and Conditions of Use

These Terms and Conditions of Use will change from time to time. All changes to the Terms and Conditions of Use will be effective when posted, and your continued use of our site or services after the posting will constitute your acceptance of, and agreement to be bound by, those changes. We may e-mail periodic reminders of our notices and conditions, unless you have instructed us not to, but it is your responsibility to check our web site frequently to review these Terms and Conditions of Use.

Violations of Terms and Conditions of Use

We reserve the right to seek all remedies available at law and in equity for violations of these Terms and Conditions of Use, including the self-help right to block your access to our websites if you fail to comply with these Terms and Conditions of Use. All remedies created hereunder or otherwise existing at law or in equity are cumulative, and the exercise of one or more rights or remedies shall not be taken to exclude or waive the right to the exercise of any other. All such rights and remedies may be exercised and enforced concurrently and whenever and as often as Soundview deems necessary.

Use of Materials

You may print a copy of the information contained herein for your personal use only, but you may not reproduce or distribute the text or graphics to others, nor may you copy the information on your own server, nor link to this website, without prior written permission of Soundview Communication, Inc. Permission to use and reproduce documents and related graphics available from this website is granted, provided that: (a) the below copyright and trademark notice and this permission notice appear in all copies; (b) use and reproduction of documents and related graphics available from this website is limited to personal, non-commercial use; (c) no documents or related graphics, including logos, available from this website are modified in any way; and (d) no graphics, including logos, available from this website are used separate from accompanying text. Use or reproduction for any other purpose is expressly prohibited by law, and may result in civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.

Translations

Notwithstanding anything in these Terms and Conditions of Use to the contrary, you may not translate our site or any part of it into another language.

Notices

Copyright 2001-2016 Soundview Communication, Inc. All rights reserved. Second Opinion, SecondOpinionNewsletter.com and all associated logos and designs are trademarks of Soundview Communication, Inc. Other trademarks and service marks that may be referred to herein are the property of their respective owners.

Revised January, 2013