Terms of Use
Hip-Replacement-Recall-Help.com

Last Updated: 30 April 2013

Introduction

This web site provides general information about hip replacement, defective or recalled hip replacement products, medical malpractice, and related general resources & information.

Any and all references to "we", "us" or "our" refer to the hip-replacement-recall-help.com Web site (the "Site").

Any and all references to "Principals" refer to one or all of the: author; legal owner; suppliers; subcontractors; associated companies or individuals; directors; officers; business partners; employees; assigns; successors; agents - of and to the hip-replacement-recall-help.com Web site, including any legal entity that is established for the purposes of managing, promoting, developing or otherwise operating the Site from time to time.

Any and all references to "Visitor" refers to any person or entity accessing the Site or its content at any time for any purpose via any media.

These Terms of Use and Privacy Policy set forth the conditions and sole basis upon which you may access and use the Site. By accessing and using the Site, you agree to be bound by the Terms of Use and Privacy Policy in effect at the time of your access and use, and by all applicable law. If you do not agree with any of the Terms of Use or the contents of the Privacy Policy, you should not use or access the Site for any purpose.

We reserve the right to limit or terminate your access to the Site for any violation of the Terms of Use or Privacy Policy, or for any other reason, at our sole discretion.

Your continued use of the Site and / or any service, benefit or utility you may derive from the Site will indicate your acceptance of the Terms of Use and Privacy Policy, as posted on the Site.

The Terms of Use and Privacy Policy may be revised from time to time without notice.

General

The information provided on the Site is general in nature and does not relate to any specific or particular legal, medical, factual, insurance, financial or other situation. Consequently, the Visitor should not rely on any information contained on the Site, and should seek appropriate professional advice that is specific to the Visitor's own circumstances.

In particular, the Visitor should consult directly and personally with:

· Appropriate health, medical, counseling, or other professionals on any health, medical, counseling or other related matters.

· A lawyer or attorney on any matter related to the law and legal rights & responsibilities in any particular circumstance or situation;

· Financial or Insurance professionals for advice on any matter related to Finance, financial planning or Insurance matters.

The opinions, ideas and information contained on this Site are not a substitute for: medical, legal, insurance, financial or any other professional advice.

This Site contains limited information on situations and cases of product liability, hip implant recall and potential medical malpractice. This Site contains only a brief, and incomplete summary of the legal, commercial and medical significance of these situations and cases. You should not attempt formal medical, legal, commercial or any other research based on the information on this Site because we do not have full information on any case or cases, nor do we maintain the Site up to date on a day-to-day basis. The Visitor should remember that all situations and cases are fact-specific and circumstance-specific, and even a slight change in facts and / or circumstances could result in a material change to the outcome of a case.

Furthermore, while we aim to provide accurate and complete information, we make no commitment or implied or express warranty that the legal, medical, factual, insurance, financial or any other information contained on this Site, or on any linked Web site, is complete, accurate, current, or error free. We assume no liability if it is not, and your use of the Site is entirely at your own risk.

Without limiting the generality of the foregoing, we are not responsible for any information content, communications, or any other materials submitted, posted, communicated, shared, discussed or otherwise generated through any public areas of the Site, included but not limited to blogs, forums and discussion boards ("User Generated Content"), nor do we guarantee its accuracy, truthfulness or completeness. Any actions taken or not taken by the Visitor based on or related to User Generated Content or any other Content on this site are solely at the Visitor's own risk.

Ownership by the Principals

As between the Visitor and the Principals, all title, right and interest in the Site (including all content, copyrights, trademarks and any other intellectual property rights) belong to the Principals or their licensors. In addition, the names, frameworks, aids to understanding, slides, images, pictures, icons, logos, assets and other identifying marks included in or on the Site are proprietary and are the exclusive property of the Principals and / or our affiliates, associates, partners or suppliers. Except as expressly provided below (Limited License and Right to Use the Site & Content), nothing contained in these Terms of Use, Privacy Policy or wider Site should be construed as conferring any license or right to any Visitor or any other third party, whether by implication, estoppel or otherwise, under copyright or any other intellectual property right.

Limited License and Right to Use the Site & Content

The Visitor is granted a limited, non-exclusive, non-transferable license to access, view and use information from the Site on the terms herein (a) solely for your informational, personal, non-commercial purposes (b) on the basis that you do not alter or modify the content in any way, and (c) provided that you do not amend or delete any copyright or trademark notice.

Except as expressly provided herein, no part of the Site, including but not limited to materials downloaded and the underlying code, may be copied, transmitted, reproduced, republished or distributed in any form or by any means. In no event should materials or code from the Site be stored in any information storage and retrieval system without prior written permission from the Principals.

In addition, in using the Site, the Visitor agrees not to take any action that might (a) interfere with the proper working of the Site (b) impose a disproportionately large or unreasonable load on the Site infrastructure (c) render the Site or any of it's features inaccessible to other Visitors (d) compromise the security of other Visitors (e) cause damage of any type to the Site or any content (f) launch any executable, program or other automated system, including without limitation, any routine, mechanism, spider, process, robot or reader that sends more requests to the server(s) upon which the Site is hosted in a given period of time than a human Visitor could reasonably generate through use of a conventional web browser.

Legal Notices

The information on this Site is provided for informational purposes only, and is not, or should not be construed as medical, legal, financial or insurance advice or advice on any subject matter.

No visitors to this Site, or web sites linked to or from this Site, should act or refrain from acting on the basis of any content included in the Site, or in linked web sites. Visitors to the Site should seek appropriate legal, medical, financial, insurance or other professional advice, based on the facts and circumstances that are specific to the Visitor, from an appropriately qualified and experienced professional, licensed to operate or practice in the Visitor's own country or state.

The information and content presented on the Site, including, but not limited to informational articles, text, images, diagrams, and any on or off Site links, has not been prepared, published, reviewed, or endorsed by any form of:

· legal professional, including, but not limited to, an attorney or lawyer

· medical professional, including, but not limited to, physicians, doctors, surgeons

· other professional, including but not limited to Financial or Insurance professional

Nothing on the Site should be taken as legal, medical, financial, insurance or other professional advice, but instead the Site should act as a useful resource - providing general information that may be useful to members of the general public.

The Visitor should never delay seeking professional medical advice and / or treatment or disregard professional medical advice received because of any content found on this Site.

The Principals disclaim all liability in respect of actions taken or not taken based on any or all of the contents of this Site, or web sites linked to or from this Site.

Any information sent the Site by e-mail or through the forms contained on the Site is not secure or confidential. The transmission of the Site, in part or in whole, and/or any communication or interaction between visitors to the Site and the Site, do not constitute or create any contractual, commercial or other relationship between the Site and the Visitor, and any use of or interaction with the Site by the Visitor shall be based wholly and exclusively on these Terms of Use.

Disclaimer

This Site is provided on an "as is" and "as available" basis. The Principals expressly disclaim all warranties, express or implied, including, but not limited to the warranties of: fitness for a particular purpose, merchantability and non-infringement.

Without limiting the generality of other terms within these Terms of Use, the Principals also disclaim all responsibility, warranties and liability for any: loss, liability, injury, damage or claim, of any kind resulting from, arising out of, or in any way related to:

(a) The unavailability of the Site or any portion of the Site

(b) User Generated Content, including but not limited to any errors or omissions in User Generated Content

(c) Any third party Web sites or content in third party Web sites, directly or indirectly accessed through links on our Site, including but not limited to any errors or omissions

(d) Any omissions from or errors in the Site and content, including but not limited to factual errors, technical inaccuracies and typographical errors

(e) Any aspect of the use of the Site by any Visitor

(f) Any software downloaded by the Visitor, either directly or indirectly, from our Site or from any linked third-party Web site

(g) Computer viruses or other damaging agents, applications or factors

(h) Use of any equipment or software by the Visitor in connection with the Site

Limitation of Liability

The Principals are not and will not be liable for any damages, including but not limited to any direct, indirect, special, incidental, consequential or reliance damages of any kind whatsoever (including, without limitation, lost profits, attorneys' fees, costs, expenses, savings, or data), in any way resulting from, due to or arising in connection with the Site (or linked Web sites), including all content and the Visitor's use thereof, regardless of any fault or negligence of any of the Principals, and whether or not any of the Principals were informed of the possibility of such damages. In no event will the aggregate liability of any of the Principals related to the Visitor's use of the Site, linked Web sites, User Generated Content, or their other content be greater than £100 (One Hundred Pounds Sterling).

Indemnity

The Visitor agrees to indemnify and hold harmless the Principals from any losses, claims, liabilities or damages of any nature, including, but not limited to reasonable attorneys fees and legal costs and expenses, arising the Visitor's use of the Site, User Generated Content, linked Web sites, including all content, or the Visitor's breach of the terms of these Terms of Use.

The Visitor agrees that in the event that the Visitor or his agent or representative makes contact either directly or indirectly with a lawyer, attorney, medical or healthcare professional, financial professional, insurance company, insurance professional or any other third party via link or advertisement on this Site, the Principals will be in no way responsible for any advice, actions or inactions of any individual, firm, organization, professional, or any other third party.

Furthermore, the Visitor understands that the Visitor's decision whether or not to appoint, consult with, or contract with any professional, firm, company, organization or any other third party on any matter, is solely and exclusively the decision of the Visitor, made at the Visitor's own risk, and that the Principals and the Site are in no way involved in any such engagement, contract or professional relationship.

The Visitor understands that the Principals and the Site do not offer any opinion whatsoever concerning the merits, validity, strength or other characteristics of any potential claim you might have, and in no way offers or guarantees any satisfaction, compensation, justice or other remedy for your complaint or any injury you may have suffered.

The Visitor understands that if his or her intention is to pursue any claims in law or otherwise the Visitor should investigate such potential course of action promptly and with appropriate professional legal counsel to reduce the risk that any potential case be barred by the statute of limitations.

The Visitor understands that the Site is not a lawyer referral service.

Dealings with Third Parties

The Visitor understands that the Visitor's decision whether or not to appoint, consult with, or contract with any professional, firm, company, organization or any other third party on any matter, is solely and exclusively the decision of the Visitor, made at the Visitor's own risk, and that the Principals and the Site are in no way involved in any such decision, engagement, contract or professional relationship.

The Visitor agrees that any correspondence, business dealings or dealings of any type between the Visitor and any third party accessed through the Site, including payment for and delivery of related goods or services, and any other terms, conditions, representations or warranties associated with such dealings, are solely between the Visitor and such third party. The Visitor agrees that the Principals shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings, or as the result of the presence of any links or advertisements or references to such third parties.

Without limiting the generality of the foregoing, The Visitor assumes the sole and entire responsibility for all dealings with any lawyers, attorneys, medical professionals or any other third party contacted via the Site.

Third-Party Web Sites

The Site, including User Generated Content, contains links to third party Web sites. These links are provided only as a convenience to the Visitor. We are not responsible for and do not control any linked third party Web sites. The policies and practices operated by such third parties in the management and control of these linked sites may not be consistent with the Terms of Use and / or Privacy Policy of this Site.

In addition we do not necessarily endorse any of these third party Web sites and do not intend to imply any association between this Site and its Principals, and the third party or parties involved. If you use any links to Web sites operated by third parties, you do so entirely at your own risk, and you should check the terms of use and privacy policies operated by those web sites before using or accessing them.

User Generated Content

Any public areas of the Site, including but not limited to discussion boards, blogs, forums, and threads "User Generated Content" are intended to facilitate open communication and discussion between Visitors to the Site. If you participate in, interact with or contribute to User Generated Content whether by posting, submission, sharing, dissemination, or responding to User Generated Content, you agree that:

  • your User Generated Content will not (a) be unlawful, encourage unlawful activity, violate the rights of others, or otherwise give rise to liability (b) be defamatory, threatening, harassing, invasive of privacy, obscene or pornographic (c) be proprietary, confidential or infringe the intellectual property rights of any third party (d) be protected under copyright
  • you are solely responsible for the User Generated Content that you create or post to the Site, and for any failure on your part to comply with the foregoing and any liabilities that arise a consequence of your failure to comply with the foregoing
  • the Principals, without notice, reserve the right (but assume no obligation) to delete, monitor, move or edit any User Generated Content that we, in our sole opinion, consider to be inappropriate or unacceptable for any reason
  • you grant to the Principals, and to each Visitor to the Site, a global, unlimited, nonexclusive license to publish, display, reproduce, sell, disclose, link to, link from, perform, distribute, use, edit or modify the User Generated Content, and any ideas, styles, concepts or techniques embodied in said User Generated Content, for any purpose whatsoever, and you waive any and all commercial, moral or other rights you may have in said User Generated Content

Site Content and Site Functionality

All content on the Site is protected by one or more of: copyright, patent, trademark, trade secret or other laws. The Principals hereby grant the Visitor a limited, non-sub licensable, revocable license to reproduce and display content from the Site solely for your personal use. The Visitor may not otherwise copy, publish, edit, modify, broadcast, transmit, distribute, perform, translate, display or sell any Content from the Site, and in particular the Visitor agrees not to copy, duplicate, reproduce, sell, resell or exploit any content from the Site for any commercial purpose whatsoever.

International Use of the Site

This Site may be accessible in all countries worldwide. All information provided on the site is general in nature, and we make no representation that any information is appropriate or applicable to any particular country, state or jurisdiction.

Accessing this site from any location or territories where the contents of this site are illegal is prohibited. Any Visitor accessing this Site does so on his own initiative and is solely and exclusively responsible for ensuring his own compliance with local laws.

In connection with this Site, any offer made for any service, product and / or information is void where prohibited.

Capacity to Accept these Terms of Use

In accessing or using the Site, you affirm that you (a) are more than 18 years of age (b) are fully capable and competent to understand and enter into and fulfill the terms, conditions, representations, warranties, affirmations and obligations detailed in these Terms of Use and the Privacy Policy and (c) accept and agree to comply with these Terms of Use and the terms of the Privacy Policy. Furthermore, you acknowledge that the Site is not intended for use by any child, minor or person under the age of 18.

Entire Agreement

These Terms of Use incorporate by reference any notices contained elsewhere on the Site (such as for example the summary Disclaimer included in the footer section) and, with our Privacy Policy and any end user license agreements, constitute the entire agreement covering the Visitor's access to and use of the Site.

No Waiver

Any failure on then part of the Principals to enforce any provision on any occasion is not and should not be construed as a waiver of such provision.

Severability

If any provision in these Terms of Use or our Privacy Policy is found to be unlawful, unenforceable or void, that provision will be severable from the remaining provisions and will not affect their validity and enforceability.

Copyright

All content made available on this Site is protected by copyright law.

Gender and Section Headings

Any references in these Terms of Use or the Privacy Policy to the masculine or feminine gender are interchangeable. The Section Headings in these Terms of Use and Privacy Policy are included for convenience only and have no legal or contractual effect.

Governing Law and Jurisdiction

The Terms of Use and Privacy Policy will be interpreted, applied and governed in accordance with the laws of England and Wales. The courts located in England and Wales will have sole jurisdiction and will be the exclusive forum for any dispute.

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