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PostScript Magazine LLC ("PostScript") may revise and update these Terms and Conditions at any time. Your continued usage of the PostScript website ("Post-Script Site," or the "Site,") will mean you accept those changes.
The contents of the PostScript Site, such as text, graphics, images, and other materials created by PostScript or obtained from PostScript's licensors, and other materials contained on the PostScript Site (collectively, "Content") are for informational purposes only. The Content is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read on the PostScript Site!
If you think you may have a medical emergency, call your doctor or 911 immediately. PostScript does not recommend or endorse any specific tests, physicians, products, procedures, opinions, or other information that may be mentioned on the Site. Reliance on any information provided by PostScript, PostScript employees, others appearing on the Site at the invitation of PostScript, or other visitors to the Site is solely at your own risk.
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The Content posted on this Site is protected by the copyright laws in the United States and in foreign countries. PostScript authorizes you to view or download a single copy of the Content solely for your personal, noncommercial use if you include the copyright notice located at the end of the material, for example: "©2024, PostScript, LLC. All rights reserved" and other copyright and proprietary rights notices that are contained in the Content. Any special rules for the use of certain software and other items accessible on the PostScript Site may be included elsewhere within the Site and are incorporated into these Terms and Conditions by reference.
Title to the Content remains with PostScript or its licensors. Any use of the Content not expressly permitted by these Terms and Conditions is a breach of these Terms and Conditions and may violate copyright, trademark, and other laws. Content and other features are subject to change or termination without notice in the editorial discretion of PostScript. All rights not expressly granted herein are reserved to PostScript and its licensors. Certain Content on this Site is licensed under U.S. Patent No. 6,585,516.
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When using the PostScript Site, information will be transmitted over a medium that may be beyond the control and jurisdiction of PostScript and its suppliers. Accordingly, PostScript assumes no liability for or relating to the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the PostScript Site.
The PostScript Site and the Content are provided on an "as is" basis. PostScript, ITS LICENSORS, AND ITS SUPPLIERS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES' RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE. Without limiting the foregoing, PostScript, its licensors, and its suppliers make no representations or warranties about the following:
In no event shall PostScript, its licensors, its suppliers, or any third parties mentioned on the PostScript Site be liable for any damages (including, without limitation, incidental and consequential damages, personal injury/wrongful death, lost profits, or damages resulting from lost data or business interruption) resulting from the use of or inability to use the PostScript Site or the Content, whether based on warranty, contract, tort, or any other legal theory, and whether or not PostScript, its licensors, its suppliers, or any third parties mentioned on the PostScript Site are advised of the possibility of such damages. PostScript, its licensors, its suppliers, or any third parties mentioned on the PostScript Site shall be liable only to the extent of actual damages incurred by you, not to exceed U.S. $1000. PostScript, its licensors, its suppliers, or any third parties mentioned on the PostScript Site are not liable for any personal injury, including death, caused by your use or misuse of the Site, Content, or Public Areas (as defined below). Any claims arising in connection with your use of the Site, any Content, or the Public Areas must be brought within one (1) year of the date of the event giving rise to such action occurred. Remedies under these Terms and Conditions are exclusive and are limited to those expressly provided for in these Terms and Conditions.
The personal information you submit to PostScript is governed by the PostScript Privacy Policy. To the extent there is an inconsistency between this Agreement and the PostScript Privacy Policy, this Agreement shall govern.
The Site contains functionality and other interactive areas, including blogs, user reviews of drug information, user reviews on the Physician Directory, etc. (collectively "Public Areas") that allow users to post or upload content and other information, including comments, images, questions, reviews, and other materials (the “User Content”). Users may also upload User Content via our official brand presence on social media platforms and branded hashtags, including, without limitation Facebook, Twitter, Google Plus, YouTube, Instagram, and Pinterest, (collectively "Social Media Platforms"). You agree that you will not post, upload, or transmit any communications or User Content of any type to the Public Areas or Social Media Platforms that infringe or violate any rights of any party. By submitting communications or User Content to the Public Areas or Social Media Platforms, you agree to comply with these Terms and Conditions and other applicable polices, such as our Reviews Guidelines. PostScript reserves the right to remove User Content for any reason, including User Content that we believe violates these Terms and Conditions or our other policies, such as our Reviews Guidelines. By submitting any communications or User Content to the Public Areas or Social Media Platforms, you further agree that such submission is non-confidential for all purposes. It is important to note that PostScript is not responsible for the operation, terms of use or policies of any Social Media Platform. Before using any Social Media Platform you should review its terms of use and policies, including its privacy policy.
If you make any submission or post User Content to a Public Area or a Social Media Platform, you agree that you will not send or transmit to PostScript by email, (including through the email addresses listed on the "Contact Us" page) any communication or content that infringes or violates any rights of any party. If you submit any business information, idea, concept or invention to PostScript by email, you agree such submission is non-confidential for all purposes.
If you make any submission or post User Content to a Public Area or a Social Media Platform or if you submit any business information, idea, concept or invention to PostScript by email, you automatically grant-or warrant that the owner of such content or intellectual property has expressly granted-PostScript a royalty-free, perpetual, irrevocable, worldwide, non-exclusive, fully sublicensable right and license to use, reproduce, create derivative works from, modify, adapt, publish, edit, translate, distribute, perform, and publicly display such submission or User Content in any media or medium, or any form, format, or forum now known or hereafter developed. PostScript may sublicense its rights through multiple tiers of sublicenses. If you wish to keep any business information, ideas, concepts or inventions private or proprietary, do not submit them to the Public Areas or Social Media Platforms or to PostScript by email. We try to answer every email in a timely manner, but are not always able to do so.
You agree to only post or upload media (like photos, videos, or audio) on the PostScript Site or a Social Media Platform that you have taken yourself or that you have all rights to transmit and license and which do not violate trademark, copyright, privacy, or any other rights of any other person. Photos or videos of celebrities and cartoon or comic images are usually copyrighted by the owner.
To protect your privacy, you agree that you will not submit any media that contains Personally Identifiable Information (like name, phone number, email address or web site URL) of you or of anyone else. Uploading media like images or video of other people without their permission is strictly prohibited.
By uploading any media on the PostScript Site or a Social Media Platform, you warrant that you have permission from all persons appearing in your media for you to make this contribution and grant rights described herein. Never post a picture or video of or with someone else unless you have their explicit permission.
It is strictly prohibited to upload media of any kind that contain expressions of hate, abuse, offensive images or conduct, obscenity, pornography, sexually explicit or any material that could give rise to any civil or criminal liability under applicable law or regulations or that otherwise may be in conflict with these Terms and Conditions, the PostScript Advertising Policy or the PostScript Privacy Policy.
You agree that you will not upload any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or this Web site.
By uploading any media on the PostScript Site or a Social Media Platform like a photo or video: (a) you grant to PostScript a perpetual, irrevocable, non-exclusive, worldwide, royalty-free, fully sublicensable right and license to use, copy, print, publicly display, reproduce, modify, publish, post, transmit, create derivative works from, and distribute the media and any material included in the media; (b) you certify that any person pictured in the submitted media (or, if a minor, his/her parent/legal guardian) authorizes PostScript to use, copy, print, publicly display, reproduce, modify, publish, post, transmit, create derivative works from, and distribute the media and any material included in such media; and (c) you agree to indemnify PostScript and its affiliates, directors, officers and employees and hold them harmless from any and all claims and expenses, including attorneys' fees, arising from the media and/or your failure to comply with these Terms and Conditions.
PostScript reserves the right to review all media prior to submission to the site and to remove any media for any reason, at any time, without prior notice, at our sole discretion.
PostScript has several tools that allow you to record and store information. You are responsible for taking all reasonable steps to ensure that no unauthorized person shall have access to your PostScript passwords or accounts. It is your sole responsibility to: (1) control the dissemination and use of sign-in name, screen name and passwords; (2) authorize, monitor, and control access to and use of your PostScript account and password; (3) promptly inform PostScript if you believe your account or password has been compromised or if there is any other reason you need to deactivate a password. To send us an email, use the "Contact Us" links located at the bottom of every page of our site. You grant PostScript and all other persons or entities involved in the operation of the Site the right to transmit, monitor, retrieve, store, and use your information in connection with the operation of the Site. PostScript cannot and does not assume any responsibility or liability for any information you submit, or your or third parties' use or misuse of information transmitted or received using PostScript tools and services.
If you use, or post User Content on, a Public Area such as blogs, or our Physician Directory, or post on any Social Media Platform, you are solely responsible for your own communications, the consequences of posting those communications, and your reliance on any communications found in the Public Areas or on the Social Media Platforms. PostScript and its licensors are not responsible for the consequences of any communications in the Public Areas or on Social Media Platforms. In cases where you feel threatened or believe someone else is in danger, you should contact your local law enforcement agency immediately. If you think you may have a medical emergency, call your doctor or 911 immediately.
In consideration of being allowed to use the Public Areas and Social Media Platforms, you agree that the following actions shall constitute a material breach of these Terms and Conditions:
Reviews posted on the Physician Directory are further subject to the PostScript Reviews Guidelines.
PostScript Reserves the Right (but is Not Obligated) to Do Any or All of the Following:
PostScript may provide links to third-party web sites. PostScript also may select certain sites as priority responses to search terms you enter and PostScript may agree to allow advertisers to respond to certain search terms with advertisements or sponsored content. PostScript does not recommend and does not endorse the content on any third-party websites. PostScript is not responsible for the content of linked third-party sites, sites framed within the PostScript Site, third-party sites provided as search results, or third-party advertisements, and does not make any representations regarding their content or accuracy. Your use of third-party websites is at your own risk and subject to the terms and conditions of use for such sites. PostScript does not endorse any product, service, or treatment advertised on the PostScript Site. For more information, read our Advertising Policy and our Sponsor Policy.
You agree to defend, indemnify, and hold PostScript, its officers, directors, employees, agents, licensors, and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from: (a) your use of the Site, (b) any User Content you post or upload, (c) your use of or reliance on any User Content, or (d) your violation of these Terms and Conditions.
PostScript is based in New York, New York, in the United States of America with principal offices in New York, New York and Atlanta, Georgia. PostScript makes no claims that PostScript, PostScript Health Manager, or any Site within the PostScript Network and the Content are appropriate or may be downloaded outside of the United States. Access to the Content may not be legal by certain persons or in certain countries. If you access the PostScript Network from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.
The following provisions survive the expiration or termination of this Agreement for any reason whatsoever: Liability, User Submissions, User Submissions – image, video, audio files, Indemnity, Jurisdiction, and Complete Agreement.
You expressly agree that exclusive jurisdiction for any dispute with PostScript, or in any way relating to your use of the PostScript Site, resides in the courts of the State of Georgia and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the State of Georgia in connection with any such dispute including any claim involving PostScript or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers, and content providers.
These Terms and Conditions are governed by the internal substantive laws of the State of Georgia, without respect to its conflict of laws principles. If any provision of these Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect. No waiver of any of these Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or any other term or condition.
If you believe any materials accessible on or from the Site infringe your copyright, you may request removal of those materials (or access thereto) from this web site by contacting PostScript's copyright agent (identified below) and providing the following information:
PostScript's agent for copyright issues relating to this web site is as follows:
PostScript, LLCAttn: Office of Privacy1201 Peachtree Street, NE 400 Colony Square, Suite 2100Atlanta, Georgia 30361copyright@PostScript.netOr call: 866-788-3097
In an effort to protect the rights of copyright owners, PostScript maintains a policy for the termination, in appropriate circumstances, of subscribers and account holders of the Site who are repeat infringers.
Except as expressly provided in a particular "legal notice" on the PostScript Site, these Terms and Conditions and the PostScript Privacy Policy constitute the entire agreement between you and PostScript with respect to the use of the PostScript Site, and Content.
Thank you for your cooperation. We hope you find the PostScript.com Site helpful and convenient to use! Questions or comments regarding this website, including any reports of non-functioning links, should be submitted using our Contact Us Form or via U.S. mail to: PostScript, LLC Office of Privacy, 1201 Peachtree Street NE, 400 Colony Square, Suite 2100, Atlanta, GA 30361.
PostScript Health Manager: Questions or comments regarding the PostScript Health Manager web site, including any reports of non-functioning links, should be directed by email via our online web form in the Health Manager or by U.S. Mail to PostScript Customer Service, 520 NW Davis, Suite 300, Portland, OR 97209 Attn: PostScript Health Manager Member Services. We try to answer every email in a timely manner but due to volume may not always be able to do so.