{"id":317,"date":"2011-03-25T05:02:25","date_gmt":"2011-03-25T05:02:25","guid":{"rendered":"http:\/\/dailyjfk.com\/?page_id=317"},"modified":"2015-09-14T15:48:31","modified_gmt":"2015-09-14T19:48:31","slug":"terms-of-use","status":"publish","type":"page","link":"https:\/\/dailyjfk.com\/terms-of-use\/","title":{"rendered":"Terms of Use Agreement"},"content":{"rendered":"

This Version is Dated: March 10, 2013<\/strong><\/p>\n

This Terms of Use Agreement (this \u201cAgreement\u201d) is entered into by and between, InsideSurgery, LLC and its affiliates (the \u201cAuthor\u201d) and \u201cyou,\u201d the user of this web blog, also known as \u201cDailyJFK\u201d (the \u201cSite\u201d).\u00a0 Access to, use of and\/or browsing of the Site is provided subject to the terms and conditions set forth herein. By accessing, using and\/or browsing the Site, you hereby agree to these terms and conditions.<\/p>\n

THIS AGREEMENT CONTAINS WARRANTY DISCLAIMERS AND OTHER PROVISIONS THAT LIMIT THE AUTHOR\u2019S LIABILITY TO YOU.\u00a0 PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY AND IN THEIR ENTIRETY, AS USING, ACCESSING AND\/OR BROWSING THE SITE CONSTITUTES ACCEPTANCE OF THESE TERMS AND CONDITIONS.\u00a0 IF YOU DO NOT AGREE TO BE BOUND TO EACH AND EVERY TERM AND CONDITION SET FORTH HEREIN, PLEASE EXIT THE SITE IMMEDIATELY AND DO NOT USE, ACCESS AND\/OR BROWSE THE SITE.<\/p>\n

BY ENTERING THE SITE, YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE READ AND UNDERSTAND THESE TERMS AND CONDITIONS, THAT THE PROVISIONS, DISCLOSURES AND DISCLAIMERS SET FORTH HEREIN ARE FAIR AND REASONABLE, AND THAT YOUR AGREEMENT TO FOLLOW AND BE BOUND BY THESE TERMS AND CONDITIONS IS VOLUNTARY AND IS NOT THE RESULT OF FRAUD, DURESS OR UNDUE INFLUENCE EXERCISED UPON YOU BY ANY PERSON OR ENTITY.<\/p>\n

In addition, please see the Site\u2019s Privacy Policy<\/a>.<\/p>\n

INFORMATION DISCLAIMER<\/h2>\n

The opinions expressed in the Site are not necessarily the opinions of the Author and do not necessarily reflect the opinion of any other parties.\u00a0 Any opinions of the Author on the Site are or have been rendered based on specific facts, under certain conditions, and subject to certain assumptions, and may not and should not be used or relied upon for any other purpose, including, but not limited to, for use in\u00a0or in connection with any legal proceeding.<\/p>\n

The Information may be changed without notice and is not guaranteed to be complete, correct, timely, current or up-to-date.\u00a0 Similar to any printed materials, the Information may become out-of-date.\u00a0 The Author undertakes no obligation to update any Information on the Site; provided, however, that the Author may update the Information at any time without notice in the Author\u2019s sole and absolute discretion.\u00a0 The Author reserves the right to make alterations or deletions to the Information at any time without notice.<\/p>\n

The Information may include anatomical and sexually explicit text, depictions, photographs and other content that may be offensive to some people and inappropriate for children under eighteen (18).\u00a0 Your access to such materials is at your own risk.\u00a0 Parents with young children should block this site from their browser.<\/p>\n

POSTING GUIDELINES<\/h2>\n

The Site is open to the public.\u00a0 Therefore, consider your comments carefully and do not include anything in a comment that you would like to keep private.\u00a0 By uploading or otherwise making available any information to the Author in the form of user generated comments or otherwise, you grant the Author the unlimited, perpetual right to distribute, display, publish, reproduce, reuse and copy the information contained therein.<\/p>\n

You are responsible for the content you post.\u00a0 You may not impersonate any other person through the Site.\u00a0 You may not post content that is obscene, defamatory, threatening, fraudulent, invasive of another person\u2019s privacy rights, or is otherwise unlawful.\u00a0 You may not post content that infringes the intellectual property rights of any other person or entity.\u00a0\u00a0 You may not post any content that contains any computer viruses or any other code designed to disrupt, damage, or limit the functioning of any computer software or hardware.\u00a0 Posting or sending any content pornographic in nature to the Site and\/or the Author is strictly prohibited.<\/p>\n

By submitting or posting content on the Site, you grant the Author and any company substantially under the control of the Author the right to remove any content or comment that, in Author\u2019s sole judgment, does not comply with the terms and conditions of this Agreement or is otherwise objectionable.\u00a0 You also grant the Author and any company substantially\u00a0under the control of Author the right to modify, adapt, and edit any content.<\/p>\n

THIRD PARTY LINKS AND ADVERTISEMENTS DISCLAIMER<\/h2>\n

The Site may, from time to time, contain links to third party web sites.\u00a0 These links are provided solely as a convenience to you and not as a guarantee, warranty, or recommendation by the Author of the services, information, content and\/or data on such third party web sites or as an indication of any affiliation, sponsorship or endorsement of such third party web sites. The Author is not responsible for the content of linked third party web sites and does not make any representations or warranties regarding the privacy practices of, or the content or accuracy of materials on, such third party websites. If you decide to access linked third-party web sites, you do so at your own risk. Your use of third-party websites is subject to the terms of use for such sites.<\/p>\n

THE INCLUSION OF THIRD PARTY ADVERTISEMENTS DOES NOT CONSTITUTE AN ENDORSEMENT, GUARANTEE, WARRANTY, OR RECOMMENDATION OF, AND THE AUTHOR MAKES NO REPRESENTATIONS AND\/OR WARRANTIES ABOUT, ANY PRODUCT OR SERVICE CONTAINED THEREIN.<\/p>\n

DISCLAIMER OF ALL WARRANTIES<\/h2>\n

The Information made available at the Site is provided on an \u201cAS IS\u201d and \u201cAS AVAILABLE\u201d basis without warranties of any kind, either express or implied, including, without limitation, warranties of title, noninfringement, and implied warranties of merchantability or fitness for a particular purpose. Without limiting the generality of the foregoing, the Author makes no warranty, representation or guaranty as to the content, sequence, accuracy, timeliness or completeness of the Information, that the Information may be relied upon for any reason or that the Information will be uninterrupted or error free or that any defects can or will be corrected.<\/p>\n

Without limiting the generality of the foregoing, the Author makes no representations or warranties with respect to any Information offered or provided within or through the Site regarding treatment of medical conditions, action, or application of medication.<\/p>\n

Under no circumstances, as a result of your use of the Site, will the Author be liable to you or to any other person for any direct, indirect, special, incidental, exemplary, consequential or other damages under any legal theory, including, without limitation, tort, contract, strict liability or otherwise, even if advised of the possibility of such damages.\u00a0 Without limiting the generality of the foregoing, the Author shall have absolutely no liability in connection with the Site for:<\/p>\n

    \n
  1. damages as a result of lost profits, loss of good will, work stoppage, failure of performance, delays in operation or transmission, nondelivery of information, deletions of files, mistakes, defects, errors, interruptions or computer failure or malfunction;<\/li>\n
  2. any loss or injury caused, in whole or in part, by the Author\u2019s actions, omissions, or negligence, or for contingencies beyond the Author\u2019s control, in procuring, compiling, or delivering the Information;<\/li>\n
  3. any errors, omissions, or inaccuracies in the Information regardless of how caused, or delays or interruptions in delivery of the Information; or<\/li>\n
  4. any decision made or action taken or not taken in reliance upon the Information.<\/li>\n<\/ol>\n

    RESERVATION OF INTELLECTUAL PROPERTY RIGHTS<\/h2>\n

    The Site is protected by United States copyright laws.\u00a0 The Author hereby reserves any and all intellectual property rights in the Site and all contents thereof.<\/p>\n

    Indemnification<\/h3>\n

    You agree to indemnify, defend and hold harmless the Author, its officers, directors, employees, agents, licensors, suppliers and any third party information providers from and against all losses, expenses, damages and costs, including attorneys\u2019 fees, resulting from: \u00a0(1) any content posted or made available by you on this Site, (2) any violation of law that occurs by you through the Site, (3) anything you do using the Site and\/or the Information contained therein and (4) any violation of this Agreement (including negligent or wrongful conduct).<\/p>\n

    Invalidity<\/h3>\n

    If any provision of this Agreement is held to be invalid or unenforceable in whole or in part in any jurisdiction, then that provision shall be deemed ineffective in such jurisdiction but shall have no effect on the enforceability of the remaining provisions.<\/p>\n

    Governing Law, Consent to Jurisdiction AND LIMITATION ON CLAIMS<\/h3>\n

    This Agreement and your use of the Site, along with the Information contained therein, shall be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania without regard to conflict of laws principles, and you agree to submit to the jurisdiction of courts in the Commonwealth of Pennsylvania.\u00a0 You further agree that any claims or causes of action arising out of or related to this Agreement and the Site, along with the Information contained therein, shall be filed within one (1) year after such claim or cause of action arose, or such claim or cause of action shall be forever barred.<\/p>\n

    Entire Agreement<\/h3>\n

    You hereby acknowledge that this Agreement represents the entire understanding between you and the Author concerning your use of the Site and the Information contained therein.<\/p>\n

    Modification<\/h3>\n

    The Author may, in the Author\u2019s sole and absolute discretion, modify the terms and conditions of this Agreement in whole or in part at any time for any reason without any notice to you, whether prior or otherwise.\u00a0 Such modified terms and conditions shall supersede these terms and conditions and shall become binding when published online on the Site.\u00a0 For this reason, the Author requires you to review this Terms of Use Agreement on a periodic basis.<\/p>\n

    WAIVER<\/h2>\n

    The Author\u2019s failure to exercise or enforce any right or provision of this Agreement shall not be deemed to be a waiver of such right or provision.<\/p>\n","protected":false},"excerpt":{"rendered":"

    This Version is Dated: March 10, 2013 This Terms of Use Agreement (this \u201cAgreement\u201d) is entered into by and between, InsideSurgery, LLC and its affiliates (the \u201cAuthor\u201d) and \u201cyou,\u201d the user of this web blog, also known as \u201cDailyJFK\u201d (the \u201cSite\u201d).\u00a0 Access to, use of and\/or browsing of the Site is provided subject to the […]<\/p>\n","protected":false},"author":1,"featured_media":0,"parent":0,"menu_order":7,"comment_status":"open","ping_status":"open","template":"","meta":{"_genesis_hide_title":false,"_genesis_hide_breadcrumbs":false,"_genesis_hide_singular_image":false,"_genesis_hide_footer_widgets":false,"_genesis_custom_body_class":"","_genesis_custom_post_class":"","_genesis_layout":"","footnotes":""},"yoast_head":"\nTerms of Use Agreement - Daily JFK<\/title>\n<meta name=\"robots\" content=\"index, follow, max-snippet:-1, max-image-preview:large, max-video-preview:-1\" \/>\n<link rel=\"canonical\" href=\"https:\/\/dailyjfk.com\/terms-of-use\/\" \/>\n<meta property=\"og:locale\" content=\"en_US\" \/>\n<meta property=\"og:type\" content=\"article\" \/>\n<meta property=\"og:title\" content=\"Terms of Use Agreement - Daily JFK\" \/>\n<meta property=\"og:description\" content=\"This Version is Dated: March 10, 2013 This Terms of Use Agreement (this \u201cAgreement\u201d) is entered into by and between, InsideSurgery, LLC and its affiliates (the \u201cAuthor\u201d) and \u201cyou,\u201d the user of this web blog, also known as \u201cDailyJFK\u201d (the \u201cSite\u201d).\u00a0 Access to, use of and\/or browsing of the Site is provided subject to the […]\" \/>\n<meta property=\"og:url\" content=\"https:\/\/dailyjfk.com\/terms-of-use\/\" \/>\n<meta property=\"og:site_name\" content=\"Daily JFK\" \/>\n<meta property=\"article:modified_time\" content=\"2015-09-14T19:48:31+00:00\" \/>\n<meta name=\"twitter:label1\" content=\"Est. reading time\" \/>\n\t<meta name=\"twitter:data1\" content=\"8 minutes\" \/>\n<script type=\"application\/ld+json\" class=\"yoast-schema-graph\">{\"@context\":\"https:\/\/schema.org\",\"@graph\":[{\"@type\":\"WebPage\",\"@id\":\"https:\/\/dailyjfk.com\/terms-of-use\/\",\"url\":\"https:\/\/dailyjfk.com\/terms-of-use\/\",\"name\":\"Terms of Use Agreement - Daily JFK\",\"isPartOf\":{\"@id\":\"https:\/\/dailyjfk.com\/#website\"},\"datePublished\":\"2011-03-25T05:02:25+00:00\",\"dateModified\":\"2015-09-14T19:48:31+00:00\",\"breadcrumb\":{\"@id\":\"https:\/\/dailyjfk.com\/terms-of-use\/#breadcrumb\"},\"inLanguage\":\"en-US\",\"potentialAction\":[{\"@type\":\"ReadAction\",\"target\":[\"https:\/\/dailyjfk.com\/terms-of-use\/\"]}]},{\"@type\":\"BreadcrumbList\",\"@id\":\"https:\/\/dailyjfk.com\/terms-of-use\/#breadcrumb\",\"itemListElement\":[{\"@type\":\"ListItem\",\"position\":1,\"name\":\"Home\",\"item\":\"https:\/\/dailyjfk.com\/\"},{\"@type\":\"ListItem\",\"position\":2,\"name\":\"Terms of Use Agreement\"}]},{\"@type\":\"WebSite\",\"@id\":\"https:\/\/dailyjfk.com\/#website\",\"url\":\"https:\/\/dailyjfk.com\/\",\"name\":\"Daily JFK\",\"description\":\"The Life of John F. 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