DanCarmody.com Terms and Conditions
The terms “us” or “we” or “our” refers to TreaSolution, the owner of this Website.
A “User” is someone who browses our Website.
All text, information, graphics, audio, video, and data offered through our Website, whether free to all or as part of a paid service, whether originating from us or from our Users, are collectively known as our “Content”.
Acceptance of Agreement
This Agreement is between you and TreaSolution and is governed by the Electronic Signatures in Global and National Commerce Act (ESIGN Act).
THIS AGREEMENT CONTAINS WARRANTY DISCLAIMERS AND OTHER PROVISIONS THAT LIMITS OUR LIABILITY TO YOU. PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY AND IN THEIR ENTIRETY, AS USING, ACCESSING AND/OR BROWSING OUR WEBSITE CONSTITUTES ACCEPTANCE OF THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO BE BOUND TO EACH AND EVERY TERM AND CONDITION SET FORTH HEREIN, PLEASE EXIT OUR WEBSITE IMMEDIATELY AND DO NOT USE, ACCESS AND/OR BROWSE IT FURTHER.
This Agreement constitutes the entire and only Agreement between you and TreaSolution, and supersedes all other Agreements, representations, warranties and understandings with respect to our Website, Content, and the subject matter contained herein. As stated, in order for you to use our Website, you will also be required to agree to additional terms and conditions. Those additional terms and conditions will be incorporated into this Agreement unless otherwise stated. We may amend this Agreement at any time without specific notice to you. The latest Agreement will be posted on our Website, and you should review this Agreement prior to using our Website. After any revisions to this Agreement are posted, you agree to be bound to any changes to this Agreement. Therefore, it is important for you to visit this page periodically to review the Agreement. Please read this Agreement carefully and save it. If you do not accept this Agreement, do not access and use our Website. If you have already accessed our Website and do not accept this Agreement, you should immediately discontinue use of our Website.
TreaSolution grants you a non-exclusive, non-transferable, revocable license to access and use our Website and Content strictly in accordance with this Agreement. Your use of our Website and Content are solely for internal, personal, non-commercial purposes, unless otherwise provided in this Agreement. No print out or electronic version of any part of our Website or Content may be used by you in any litigation or arbitration matter whatsoever under any circumstances.
You agree to comply with all applicable domestic and international laws, statutes, ordinances, and regulations regarding your use of our Website and Content provided therein.
Our Relationship to You
TreaSolution relationship to you is at all times that of an independent contractor. This Agreement in no way creates any agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship between you and TreaSolution.
You hereby acknowledge that nothing contained in our Website or Content shall constitute professional advice and that no professional relationship of any kind is created between you and TreaSolution. You should always seek the professional opinion of a qualified professional before making any decisions. You hereby agree that any actions you take, based in whole or in part on anything contained in our Website or Content, are solely your responsibility and that TreaSolution has no liability for your actions or reliance upon our Website or Content.
Our Intellectual Property
Our Website and Content may contain our service marks or trademarks as well as those of our affiliates or other companies, in the form of words, graphics, and logos. Your use of our Website or Content does not constitute any right or license for you to use our service marks or trademarks, without the prior written permission of TreaSolution.
Our Content, as found within our Website and Content, is protected under United States and International copyrights. The copying, redistribution, use or publication by you of any such Content, is strictly prohibited. Your use of our Website and Content does not grant you any ownership rights to our Content.
Digital Millennium Copyright Act Compliance
Our Website will respond quickly to claims of copyright infringement as found in our Content, according to the terms of the United States’ Digital Millennium Copyright Act of 1998 (DMCA) as found under United States law (17 USC. § 512). If you believe any of your copyrights are infringed by our Content, please provide us with a written notice via mail, fax, or email that contains the following information:
An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
A description of the copyrighted work that you claim has been infringed;
A description of where the material that you claim is infringing is located on our Website;
Your address, telephone number, and email address;
A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
We are only required to respond to those notices that substantially comply with the above requirements. We will investigate your claim and will notify by the method of contact you used to file your notice with us.
Advertisers and Sponsors Disclaimer
Our Website may contain advertising and sponsorships. Advertisers and sponsors, which may include physicians, are responsible for ensuring that material submitted for inclusion on our Website is accurate and complies with applicable laws. We are not responsible for the illegality or any error, inaccuracy or problem in advertiser or sponsor materials. THE INCLUSION OF THIRD PARTY ADVERTISEMENTS DOES NOT CONSTITUTE AN ENDORSEMENT, GUARANTEE, WARRANTY, OR RECOMMENDATION BY TREASOLUTION AND WE MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT ANY PRODUCT OR SERVICE CONTAINED THEREIN.
The opinions expressed on our Website are not necessarily the opinions of TreaSolution. The Content may be changed without notice and is not guaranteed to be complete, correct, timely, current or up-to-date. Similar to any printed materials, the Content may become out-of-date. We undertake no obligation to update any Content on our Website. We reserve the right to make alterations or deletions to the Content at any time without notice.
Errors, Corrections and Changes
We do not represent or otherwise warrant that our Website will be error-free, free from viruses or other harmful components, or that we will correct any errors. We do not represent or otherwise warrant that the information available on or through our Website will be correct, accurate, timely or otherwise reliable. We may make changes to our Website or Content at any time. We reserve the right in our sole discretion to edit or remove any documents, information or other content appearing on our Website or Content.
Our Website or Content may be temporarily unavailable from time to time for maintenance or other reasons. TreaSolution assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, your communications. TreaSolution is not responsible for any technical malfunction or other problems of any telephone network or service, computer systems, servers or providers, computer or mobile phone equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or any combination thereof, including injury or damage to your or to any other person’s computer, mobile phone, or other hardware or software, related to or resulting from using or downloading materials in connection with the our Website or Content, including without limitation any software provide through our Website or Content. Under no circumstances will TreaSolution be responsible for any loss or damage, including any loss or damage or personal injury or death, resulting from anyone's use of our Website or Content, or for any interactions between Users of our Website or Content, whether online or offline.
TreaSolution reserves the right to change any and all Content, software and other items used or contained in our Website or Content, at any time without notice. Reference to any products, service, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by our Website, by third parties or by any of the equipment or programming associated with or utilized by our Website.
THE INFORMATION, CONTENT AND DOCUMENTS FROM OR THROUGH OUR WEBSITE ARE PROVIDED “AS-IS,” “AS AVAILABLE,” WITH “ALL FAULTS”, AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). OUR WEBSITE AND CONTENT MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. TreaSolution, INCLUDING ALL OUR AFFILIATES, HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF OUR WEBSITE OR CONTENT. TreaSolution CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF OUR WEBSITE OR CONTENT. TreaSolution DOES NOT REPRESENT OR WARRANT THAT OUR CONTENT IS ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE OR THAT ANY SUCH ITEMS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THEREFORE, YOU SHOULD EXERCISE CAUTION IN THE USE AND DOWNLOADING OF ANY SUCH CONTENT OR SOFTWARE AND USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND REMOVE VIRUSES. ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES SOMEHOW ATTRIBUTED TO OUR WEBSITE AND CONTENT IS DISCLAIMED. WITHOUT LIMITING THE FOREGOING, YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN CONTENT AND RELATED SOFTWARE FROM OR THROUGH OUR WEBSITE OR CONTENT AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR YOUR USE THEREOF AND ANY DAMAGES TO YOUR MOBILE DEVICE OR COMPUTER SYSTEM, LOSS OF DATA OR OTHER HARM OF ANY KIND THAT MAY RESULT. WE, AS WELL AS ALL OF OUR AFFILIATES, ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION AND LIMITATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN YOU AND TreaSolution. OUR WEBSITE AND CONTENT WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH OUR WEBSITE OR CONTENT SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT.
Limitation of Liability
TreaSolution, as well as all our Affiliates, shall not be liable for any loss, injury, claim, liability, or damage of any kind resulting in any way from (a) any errors in or omissions from our Website or Content; (b) the unavailability or interruption of our Website or Content; (c) your use of our Website or Content; or (d) any delay or failure in performance of our Website and Content beyond our control.
IN NO EVENT WILL TREASOLUTION OR ITS DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM YOUR USE OF OUR WEBSITE OR CONTENT, EVEN IF TREASOLUTION IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, TREASOLUTION’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU FOR THE PURCHASE GIVING RISE TO THE LIABILITY.
Use of Information and Member Content
We reserve the right to investigate complaints or reported violations of this Agreement and to take any action we deem appropriate, including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to your profile, email addresses, usage history, posted materials, IP addresses and traffic information.
Linking to Our Website
You may provide links to our Website, provided (a) that you do not remove or obscure, by framing or otherwise, any portion of our Website, (b) your website does not engage in illegal or immoral activities, and (c) you discontinue providing links to our Website immediately upon request by us.
Links to Other Websites
Our Website may, from time to time, contain links to third party websites. These links are provided solely as a convenience to you. By linking to these websites, we do not create or have an affiliation with, or sponsor such third party websites. Inclusion of links for any website on our Website does not mean that we endorse, guarantee, warrant, or recommend the goods, services, information, content and/or data of such third party websites. TreaSolution has not control over the legal documents and privacy practices of third party websites; as such, you access any such third party websites at your own risk.
You agree to indemnify, defend and hold TreaSolution and our partners, agents, officers, directors, employees, subcontractors, successors, assigns, third party suppliers of information and documents, attorneys, advertisers, product and service providers, and affiliates harmless from any liability, loss, claim and expense, including reasonable attorney’s fees, related to your violation of this Agreement.
Any legal controversy or legal claim arising out of or relating to this Agreement or our Website/Content, excluding legal action taken by us to collect or recover damages for, or obtain any injunction relating to, website operations and intellectual property, shall be settled solely by binding arbitration in accordance with the commercial arbitration rules of the International Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in Chicago, Illinois, United States, and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Either you or us may seek any interim or preliminary relief from a court of competent jurisdiction in the State of Illinois, United States, necessary to protect the rights or property of you and us pending the completion of arbitration. Each party shall bear one-half of the arbitration fees and costs.
This Agreement shall be treated as though it were executed and performed in Chicago, Illinois, United States, and shall be governed by and construed in accordance with the laws of the State of Illinois, United States, without regard to conflict of law principles. In addition, you agree to submit to the personal jurisdiction and venue of such courts. Any cause of action by you with respect to our Website or Content must be instituted within one (1) year after the cause of action arose or be forever waived and barred. Should any part of this Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. To the extent that any Content is in conflict or inconsistent with this Agreement, this Agreement shall take precedence. Our failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision. Our rights under this Agreement shall survive any termination of this Agreement.
"Non-Personal Information" (NPI) is information that is not personally identifiable to you and we automatically collect when you access our Website with a web browser.
"Personally Identifiable Information" (PII) is non-public information that is personally identifiable to you and that you may provide to us. PII may include information such as your name, address, phone number, and other related information that you provide to us.
The terms “us” or “we” or “our” refers to TreaSolution, the owner of this Website.
A “User” is someone who browses our Website.
All text, information, graphics, audio, video, and data offered through our Website, whether free to all or part of a paid service, whether originating from us or from our Users, are collectively known as our “Content”.
Our Commitment to Your Privacy
Links to Other Websites
Information We Collect
There is no need to reveal or provide any PII when you visit our Website. You can browse our Website to find out more about TreaSolution and what we do. As you do so, we may receive and store certain types of NPI as you interact with our Website. We may also analyze this NPI for trends and statistics as to how people use our Website.
If you decide you TreaSolution to contact you, you may provide us with PII such as your name, email address, or phone. We will store this information for contacting you.
How Information is Used
We use the PII that you provide strictly for our internal purposes, such as contacting or evaluating our products or Website.
There are times that we may have to disclose your PII to comply with laws; to assist law enforcement and governmental agencies in preventing or investigating fraud or other crimes, or in response to a court order. In such instances, we will only provide the PII requested and your PII will only be used for such legal purposes.
Finally, if we sold or transferred our business, we would transfer your PII to the purchaser as appropriate and might also retain a copy of your PII for any new business ventures we would start.
Our Email Policy
We fully comply with the United States’ CAN-SPAM Act. You can always opt out of receipt of further email correspondence from us. We will not sell, rent, or trade your email address to any one. However, you understand that email is not considered a secure form of communication. Generally, any information you disclose in an email may be viewed by hackers while such information is en route to us. As such, take care in what you disclose in any email that you send to us.
Our Security Policy
We have constructed our Website using sophisticated encryption and authentication tools to protect our Website and any PII you may provide through it. When we collect your PII through our Website, we encrypt it and prevent unauthorized access to it by using industry standard technologies, such as encryption software, routers and firewalls. Unfortunately, due to the vary nature of the Internet and hackers, we cannot completely guarantee that your PII is 100% protected. Once we receive your PII, we have industry standard security measures and polices that protect against the loss or misuse of your PII; again, we cannot completely guarantee against such loss or misuse.
We may also use web beacons to collect NPI about your use of our Website as well as those of our affiliates, and your use of special promotions or newsletters. The information we collect by Web Beacons allows us to statistically monitor the number of people that open our emails and why they opened our emails. Our Web Beacons are not used to track your activity outside of our Website or those of our affiliates. We do not link NPI from Web Beacons to PII without your permission.