Terms of Use

This Internet Web Site Agreement (the "Agreement") is between you and Musculoskeletal Report, LLC. ("Company"), a New York-based company. Use of the mskreport.com Web Site signifies your agreement to the terms and conditions of use set forth below in the Agreement.

You acknowledge that you have read the terms and conditions of use stated below and that you accept the terms thereof. You agree to read these terms and conditions of use carefully before using mskreport.com. If you do not agree to these terms and conditions of use, you may not access or otherwise use mskreport.com.

Company may monitor your use of mskreport.com, and may freely use and disclose any information and materials received from you or collected through your use of mskreport.com for any lawful reason or purpose.

Company reserves the right, at its sole discretion, to change, modify, add, or remove any portion of this Agreement, in whole or in part, at any time. Notification of changes in the Agreement will be posted on the mskreport.com Web Site.

Copyrights and Copyright Agents

United States and international copyright laws protect the entire design and contents of mskreport.com. Material provided on mskreport.com may also be the subject of other intellectual property rights, including, without limitation, patents, trademark, and trade secrets. Commercial use of such material is NOT authorized, and may subject the infringer to liability for actual and statutory damages, and attorney's fees. Permission to reproduce materials that are subject to copyright and/or other intellectual property rights for educational or informational purposes is routinely granted, but does require: (1) written permission from the owner; and (2) publication of the copyright notice in its exact form. To obtain permission, please email or write to Musculoskeletal Report, LLC, . Except as provided in this paragraph, you may not redistribute, retransmit, publish or otherwise transfer, or commercially exploit any such material.

Purpose of Web Site

mskreport.com is an informational resource that is intended for general educational purposes only. The information provided on mskreport.com is NOT intended to, and cannot, be used for the purpose of providing medical treatment or attention or making medical decisions. mskreport.com is not a replacement or substitute for medical advice. mskreport.com recommends that ALL medical treatments or products be discussed thoroughly and in person with a licensed and fully informed medical practitioner. It is a patient's individual responsibility to obtain information regarding a medical diagnosis, treatment, referral, drug availability, or pricing directly from his or her licensed physician, or from a product's manufacturer.

The editors, staff, and affiliates of mskreport.com make every possible effort to provide accurate and timely information. It is possible, however, that mskreport.com could include inaccuracies or errors, and that unauthorized additions, deletions, and alterations could be made to mskreport.com by third parties. If you believe that an inaccuracy has arisen, please immediately inform the Webmaster of mskreport.com so that the content can be reviewed for accuracy. Company may change, suspend, or discontinue any aspect of mskreport.com at any time, including the availability of any mskreport.com feature, database, or content. Company may also impose limits on certain features and services or restrict your access to parts or all of the mskreport.com Web Site without notice or liability.

mskreport.com may contain forums, informational chat rooms, or other areas to which you might be invited and/or permitted to transmit, upload, or post information, inquiries, or materials. You represent, warrant, and covenant that: (1) you shall not upload, post, transmit, or distribute, or otherwise publish through mskreport.com, any materials that i) restrict or inhibit any other user from using and enjoying mskreport.com; (ii) are unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, offensive, pornographic, profane, sexually explicit, or indecent; (iii) constitute or encourage conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate the law; (iv) violate, plagiarize, or infringe the rights of third parties including, without limitation, copyright, trademark, patent, rights of privacy, or publicity or any other proprietary right; (v) contain a virus or other harmful component; (vi) contain any information, software, or other material of a commercial nature; (vii) contain advertising of any kind; or (viii) constitute or contain false or misleading indications of origin or statements of fact; and (2) that you are at least eighteen (18) years old. Company has no obligation to monitor the information or materials transmitted, posted, or uploaded by you to mskreport.com. However, Company reserves the right to refuse to post or to remove any such information or materials, in whole or part, that, in its sole discretion, are unacceptable or in violation of this Agreement.

You hereby agree to indemnify, defend, and hold harmless Company, and all its officers, directors, owners, agents, employees, information providers, affiliates, licensors, and licensees (collectively, the "Indemnified Parties") from and against any and all liability and costs incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of the Agreement or the foregoing representations, warranties, and covenants, including, without limitation, attorneys' fees and costs. You shall cooperate as fully as reasonably required in the defense of any claim. Company reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without the written consent of Company.

By posting messages, uploading files, or inputting data to forums, chat rooms, bulletin boards, and/or other public areas of mskreport.com (individually or collectively "Communications") to mskreport.com, you hereby grant to Company a perpetual, worldwide, irrevocable, unrestricted, nonexclusive, royalty-free license to use, copy, license, sublicense, adapt, distribute, display, publicly perform, reproduce, transmit, modify, edit, and otherwise exploit such Communications, in all media now known or hereafter developed. You hereby waive all rights to any claim against Company for any alleged or actual infringements of any proprietary rights, rights of privacy and publicity, moral rights, and rights of attribution in connection with such Communications.

You acknowledge that, except as may be expressly provided on mskreport.com and/or in this Agreement, transmissions to and from mskreport.com are not confidential and your Communications may be read or intercepted by others. You acknowledge that by submitting Communications to Company, no confidential, fiduciary, contractually implied, or other relationship is created between you and Company other than pursuant to this Agreement.

Notwithstanding the foregoing, your electronic mail communications with the Webmaster, and any information provided by you through on-line survey forms on mskreport.com, will, in most cases, be viewed only by you, the Webmaster, and anyone to whom you address such communications. When reasonably practicable, Company will attempt to preserve the confidentiality of such communications.

Links to Other Web Sites

mskreport.com may contain links and pointers to other related World Wide Web Internet sites, resources, and sponsors of mskreport.com. Links to and from mskreport.com to other third-party sites, maintained by third parties, do not constitute an endorsement by Company or any of its subsidiaries or affiliates of any third-party entities, resources, products, or the contents of their sites.

Company does not and cannot review all materials posted to mskreport.com by users, and Company is not responsible for any such materials posted by users. However, Company reserves the right at all times to disclose any information as necessary to satisfy any law, regulation, or government request, or to edit, refuse to post, or remove any information or materials, in whole or in part, that in Company's sole discretion are objectionable or in violation of this Agreement.

mskreport.com, including, content, functions, materials, and information made available on or accessed through mskreport.com, is provided on an "as is" basis. Your use of that information is entirely at your own risk. You assume total and sole responsibility and risk for your use of that information. It is solely your responsibility to evaluate the accuracy, completeness, usefulness, or validity of that information. To the fullest extent permissible by law, company, its affiliates, employees, service providers, editors, and/or contributing writers, make no representations or warranties, express or implied, with regard to: (1) mskreport.com; (2) any information presented or displayed on mskreport.com; (3) any hypertext links to third parties provided on mskreport.com; (4) any service or treatment provided through mskreport.com; (5) any breach of security associated with the transmission of sensitive information on mskreport.com or any linked site; and/or (6) the accuracy, quality, completeness, merchantability, fitness for a particular purpose, of any information or materials provided on or through mskreport.com. To the fullest extent permissible by law, company hereby expressly disclaims any and all warranties, including, without limitation, noninfringement, and implied warranties of merchantability and fitness for a particular purpose.

Company does not warrant that the functions contained in mskreport.com or any materials or content contained therein will be uninterrupted and/or error free, that defects will be corrected, or that mskreport.com or the server that makes it available is free of viruses and/or other harmful components. Company and its subsidiaries and affiliates shall not be liable for the use of mskreport.com, including, without limitation, the content and any errors contained therein.

Neither mskreport.com, nor any of its affiliates, employees, service providers, editors, and/or contributing writers, shall be responsible to you or any third parties under any circumstances for any indirect, consequential, special, punitive, or exemplary damages or losses that you may incur in connection with your use of mskreport.com and/or any information presented on mskreport.com, or any of the data or other materials transmitted through or residing on mskreport.com, regardless of the type of claim or the nature of the cause of action, even if company has been advised of the possibility of damage or loss. This limitation of liability shall not apply to liability for death or personal injury to the extent applicable law prohibits such limitation.

Company, its staff, contributing writers and editors, and mskreport.com retain and exercise full control over the planning and implementation of the content of the Web Site. The commercial or nonprofit companies and organizations whose logos appear on the Web Site have no influence on the editorial content of mskreport.com. The appearance of logos does not imply an endorsement of any company or organization or its products by Company, mskreport.com, its publisher, editors, contributing writers, employees, or contractors.

This Agreement is entered into in the State of New York and shall be governed by and construed in accordance with New York law, exclusive of New York's choice of law rules. Each party to this Agreement submits to the exclusive jurisdiction of the state and federal courts sitting in the county of New York in the State of New York, and waives any jurisdictional, venue, or inconvenient forum objections to such courts.

In the event that any of the provisions of this Agreement are held by a court or other tribunal of competent jurisdiction to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect.

This Agreement constitutes the entire agreement between the parties hereto pertaining to the subject matter hereof, and any and all written or oral agreements heretofore existing between the parties hereto are expressly canceled. Company may modify the terms of this Agreement by posting notice of such modification on a page of mskreport.com entitled "Legal Notices" or "Legal Information" (or similar title) before the modification takes effect.

mskreport.com is published by Musculoskeletal Report, LLC. .