Terms and Conditions
- Acceptance of Terms
Welcome to .Ask Dr. Lemon. (the "Site"). Please read these terms and conditions (the "Agreement") carefully before using the Site, and check them periodically for changes. The Agreement states the terms and conditions under which you may access and use the Site and all written responses of Dr. Lemon and other information and materials displayed, linked to, or otherwise made available through the Site, including, without limitation, articles, text, photographs, images, illustrations, audio clips, video clips, computer software and code (the .Content.). By accessing and using the Site, you are indicating your acceptance to be bound by the terms and conditions of this Agreement. If you do not accept these terms and conditions, you must not access or use the Site. The Owner may revise this Agreement at any time by updating this posting. Use of the Site after such changes are posted will signify your acceptance of these revised terms. You should visit this page periodically to review this Agreement.
- Not medical advice
The Content provided on the Site is for informational purposes only and is not professional medical advice, diagnosis, treatment or care, nor is it intended to be a substitute. Always seek the advice of a physician or other qualified health provider properly licensed to practice medicine or general health care in your jurisdiction concerning any questions you may have regarding any Content obtained from this Site and any medical condition you believe may be relevant to you or to someone else. Never disregard professional medical advice or delay in seeking it because of something you have read on this Site. Always consult with your physician or other qualified health care provider before embarking on a new treatment, diet or fitness program. Content obtained from the Site is not exhaustive and does not cover all diseases, ailments, physical conditions or their treatment.
- Medical emergency
Do not use the Site for medical emergencies. If you have a medical emergency, call a physician, qualified health care provider or 911 (or the applicable local emergency number) immediately. Under no circumstances should you attempt self-treatment or treatment of someone else based on anything you have seen or read on the Site.
- No physician-patient relationship
The presentation of Content and responses given on the Site do not create in any way a physician-patient relationship between you and Dr. Lemon. There is no agreement to render services to you or that any information you post on the Site will be confidential. Furthermore, the Site and the Content on the Site are not intended as a solicitation of individuals to become patients or clients of Dr. Lemon.
- No endorsements
Unless specifically stated, Dr. Lemon does not endorse and is not responsible or liable for any content, advertising, products, external sites and resources or other materials on or available from the Site. Dr. Lemon will not be responsible or liable, directly or indirectly, for any actual or alleged damages or loss caused by or in connection with the use of or reliance on any content, resources or services available on or through the Site.
- E-mail
Due to the inherently non-secure nature of e-mail communication, Dr. Lemon does not wish to use this Site as a means of communication with the public or patients (i) regarding questions or issues of a medical nature; (ii) to establish physician/patient relationships; (iii) to book or cancel appointments; or (iv) for inquiries regarding fees, services or similar matters. E-mail communications regarding such matters will not be responded to and will be discarded unread. If you wish to contact Dr. Lemon regarding medical questions or issues or with regard to appointments, accounts or other questions please do so by telephone, fax or regular mail.
- Disclaimer of warranties
The Site and the Content are provided "AS IS". While Dr. Lemon endeavours to provide Content that is correct, accurate, current and timely, Dr. Lemon makes no representations, warranties, conditions, or covenants, express or implied, regarding the Site and the Content including, without limitation, no representation, warranty, condition, or covenant that (i) the Content contained in or made available through the Site or any item(s) made available on or through the Site will be of merchantable quality and/or fit for a particular purpose, (ii) the Site or Content will be accurate, complete, current, reliable, timely or suitable for any particular purpose, (iii) that the operation of the Site will be uninterrupted or error-free, (iv) that defects or errors in the Site or the Content, be it human or computer errors, will be corrected, (v) that the Site will be free from viruses or harmful components, and (vi) that communications to or from the Site will be secure and/or not intercepted.
The responses provided by Dr. Lemon on the Site should not be considered complete; exhaustive; and does not cover all diseases, ailments, physical conditions or treatments. You must evaluate and bear all risks associated with the use of any responses, resources or information provided by Dr. Lemon.
You acknowledge and agree that your access and use of the Site and the Content is entirely at your own risk and liability.
- Limitation of liability
In no event shall Dr. Lemon be liable for damages of any kind, including, without limitation, any direct, special, indirect, punitive, incidental or consequential damages including, without limitation, any loss or damages in the nature of, or relating to, lost business, medical injury, personal injury, wrongful death, improper diagnosis, inaccurate information, improper treatment or any other loss incurred in connection with your use, misuse or reliance upon the Site or the Content, or your inability to use the Site, regardless of the cause and whether arising in contract (including fundamental breach), tort (including negligence), or otherwise. The foregoing limitation shall apply even if Dr. Lemon knew of or ought to have known of the possibility of such damages.
Dr. Lemon also expressly disclaims any and all liability for the acts, omissions and conduct of any third-party user advertiser or sponsor of the Site ("Third-Party"). Under no circumstances shall Dr. Lemon, be liable for any injury, loss, damage (including direct, special, indirect, punitive, incidental or consequential damages), or expense arising in any manner whatsoever from (i) the acts, omissions or conduct of any Third-Party, and (ii) any access, use, reliance upon or inability to use any materials, content, goods or services located at, or made available at, any Site linked to or from the Site, regardless of the cause and whether arising in contract (including fundamental breach), tort (including negligence), or otherwise. The foregoing limitation shall apply even if Dr. Lemon knew of or ought to have known of the possibility of such damages.
- Indemnity
You agree to indemnify, defend and hold harmless Dr. Lemon, from and against any and all claims, demands, liabilities, costs, or expenses whatsoever, including, without limitation, legal fees and disbursements, resulting directly or indirectly from (i) your breach of any of the terms and conditions of this Agreement, (ii) your access to, use, misuse, reliance upon or inability to access or use the Site, the Content or any Site to which the Site is or may be linked to from time to time or, (iii) your use of, reliance on, publication, communication, distribution, uploading or downloading of anything (including the Content) on or from the Site.
- Limitation on Content
Dr. Lemon will select one question to answer each week, although many more may be submitted. Dr. Lemon cannot personally answer every question submitted. Questions with a broad interest and value to the public are more likely to be answered.
The Site and Dr. Lemon do not provide medical advice, such as that provided through a direct consultation and the Site is not intended to replace the personalized advice given by a competent physician. The responses give here are educational only and information in nature and should not in any way be used to represent a complete analysis or diagnosis. Dr. Lemon cannot respond to questions regarding specific medical cases, or make recommendations regarding your diagnosis or therapy. Issues of that nature should be addressed directly with your health care provider.
- Limited license
Subject to the terms and conditions of this Agreement, you are hereby granted a limited, non-transferable and non-exclusive license to access, view and use the Site and the Content for your personal, noncommercial use. You are granted the right to download, store and/or print single copies of items comprising the Content for your personal, non-commercial use, provided that you maintain all copyright and other notices contained in such Content. You may not copy and/or repost items comprising the Content online. You must also abide by any additional requirements governing the use of any specific Content that may be set out in the Site. In the event of a conflict between the terms of a specific license governing specific Content and this Agreement, the terms of the specific license shall govern.
- Linking
The Site contains links to third-party websites. These links are provided solely as a convenience to you and not as an endorsement by Dr. Lemon of any third-party website or the content thereof. Unless expressly stated, Dr. Lemon is not responsible for the content of any third-party website, nor does it make any representation, warranty, condition, or covenant of any kind regarding any third-party website or the content thereof including, without limitation, any representation, warranty, condition, or covenant regarding (i) the legality, accuracy, reliability, completeness, timeliness or suitability of any content on such third-party websites, (ii) the merchantability and/or fitness for a particular purpose of any third-party websites or material, content, software, goods, or services located at or made available through such third-party websites, or (iii) that the operation of such third-party websites will be uninterrupted or error free, that defects or errors in such third-party websites will be corrected, or that such third-party websites will be free from viruses or other harmful components. Additionally, third-party websites are governed by their own terms and conditions and are not governed by this Agreement.
While Dr. Lemon encourages links to the Site, he does not wish the Site to be linked to or from any third-party website which contains, posts or transmits any unlawful or indecent information of any kind, including, without limitation (i) any content constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, provincial, national, international law or regulation which may be damaging or detrimental to the activities, operations, credibility or integrity of Dr. Lemon, or (ii) any website which contains, posts or transmits any material or information of any kind which violates or infringes upon the rights of others, including material which is an invasion of privacy or publicity rights, or which is protected by copyright, trademark or other proprietary rights.
- Submissions
The Site allows you to post messages, questions and content to designated areas on the Site, to interact with Dr. Lemon and other users and to upload files, documents, or other materials ("Submissions"). Dr. Lemon does not control the content of any Submissions and has no obligation to monitor the Submissions. However, Dr. Lemon reserves the right at all times to disclose any information necessary to satisfy any law, regulation or governmental or law enforcement request, or to edit, refuse to post or to remove any Submission, in whole or in part, that, in Dr. Lemon's sole discretion, are objectionable or in violation of this Agreement. You acknowledge that you alone are responsible for the content of your Submissions and the consequences thereof.
As a contributor, Dr. Lemon is not the "operator" of the Site as contemplated by the Digital Millennium Copyright Act, and any complaints pursuant to the Act should be made to the Site operator.
- Rules of conduct regarding Submissions
When using any of the features of the Site which allow you to post, upload or make Submissions, it is a condition of your use of the Site that you do not:
- Restrict or inhibit any other user from using and enjoying the Site, interfere or attempt to interfere with the proper workings of the Site or do anything, which in the sole discretion of the Owner, imposes an unreasonable or disproportionately large load on the Site infrastructure;
- Post or transmit any unlawful, abusive, defamatory or obscene information of any kind, including, without limitation, any submission constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, provincial, national or international law or regulation;
- Post or transmit any Submission, including, without limitation, articles, images, stories, software, or other material, which violates or infringes upon the rights of others, including material which is an invasion of privacy or publicity rights, or which is protected by any intellectual property rights, including, without limitation, copyright, patent, trade secret, trademark, or other proprietary rights herein, or derivative works with respect thereto, without first obtaining permission from the owner or rights holder;
- Post or transmit any Submission which contains a virus or other harmful component;
- Post or transmit "junk mail", "chain letters", unsolicited mass mailing or "spam"; and
- Use or "mine" the Site for commercial purposes, including, without limitation, posting, uploading or transmitting any Submission which contains advertising, which engages in commercial activities, solicitations or sales, or which involves contests, sweepstakes, advertising and pyramid schemes.
- Security
Any information sent or received over the Internet is generally not secure. Dr. Lemon cannot guarantee the security or confidentiality of any communication to or from the Website.
- Entire Agreement
This is the entire Agreement relating to your access and use of the Site and Content.