1. Our Intellectual Property Rights
The Sites constitute our exclusive property. The Sites, and all content (other than Your Content (as defined below) and other users' content) included on the Sites, such as text, graphics, logos, names, designations, button icons, images, audio clips, information, data, photographs, graphs, videos, typefaces, graphics, music, sounds, and other material and software, is the exclusive property of Kestrel Health Information, Inc. and its licensors and is protected by copyrights, trademarks, trade secrets, or other proprietary rights. We grant you a personal, non-exclusive, non-transferable and revocable right to access and use the Sites, which right is conditioned on your compliance with the Terms.
You may not access or use any content on the Sites for commercial, competitive, or for any other purposes. You may not modify, republish, post, transmit or distribute any content on the Sites without the express written consent of Kestrel Health Information, Inc. All rights not expressly granted in the Terms are reserved to Kestrel Health Information, Inc. and its licensors, and may not be exploited by you without our prior written consent.
2. Consumer Content
The Content of the Site are for informational purposes only and is intended to serve users in the United States of America. The Content is not intended to be a substitute for professional medical advice, diagnosis, or treatment. The Content is not intended to substitute manufacturer instructions. Always seek the advice of your physician or other qualified health care professional with any questions you may have regarding a medical condition or product usage. If you have or suspect that you have a medical problem or condition, please contact a qualified health care professional immediately. You should never disregard medical advice or delay in seeking it because of something you have read on this site. IF YOU HAVE AN EMERGENCY, CALL 9-1-1.
Kestrel Health Information, Inc. does not give medical advice, nor do we provide medical or diagnostic services. Neither Kestrel Health Information, Inc., nor any Kestrel Health Information, Inc. entity guarantees that the Content covers all possible uses, direction, precautions, drug interactions, or adverse effects that may be associated with any therapeutic treatments. You may not rely on the application of any information on the Kestrel Health Information, Inc. Sites as being applicable to your specific circumstances. Neither Kestrel Health Information, Inc. nor any Kestrel Health Information, Inc. entity assumes any liability or responsibility for damages or injury to you, other persons, or property arising from any use of any information, idea, or instruction contained in the Kestrel Health Information, Inc. Sites.
3. Registration and Access
To use some of the features and content of some of the Sites, you must register to access the features using an online registration form. For features requiring registration of an account, you are free to modify the personal data you provide on the form at any time. You may access your registered user account by entering your username and password in the login fields on the Sites. Registration entitles you to use the Sites for an unlimited period of time, although we reserve the right to terminate your account at any time.
You are solely responsible for maintaining the confidentiality of any username and password you use to access the Sites, and are fully responsible for all activities that occur under your password or account. You agree to (i) immediately notify Kestrel Health Information, Inc. of any unauthorized use of your password or account or any other breach of security; and (ii) make sure that you exit from your account at the end of each session. Kestrel Health Information, Inc. cannot and will not be liable for any loss or damage arising from your failure to comply with this provision.
Failure to fulfill the aforementioned obligations respecting user responsibility may result in access being temporarily or permanently suspended, immediately and without notice, or in the deactivation of your account, without prejudice to any other rights we may have.
4. User Content
Kestrel Health Information, Inc. may, at its discretion, allow you and other users to submit your content to one or more of the Sites for viewing and access by other users. By making your content accessible to other users (as individuals and as a group), you agree in perpetuity to allow any users, free of charge and for personal use: (a) to view your content on or through the Sites and other electronic communication media (e.g. mobile phones) for the entire period in which your content is hosted on the Sites; and (b) to download and view your content on other media. If you wish to use another user's content for any other purpose, in particular for commercial use, you are responsible for obtaining the necessary advance authorization.
In addition, you authorize Kestrel Health Information, Inc. to reproduce and display your content via the features that enable the Sites to be accessed both on the Internet and through other electronic communication media, and to adjust your content's format as necessary for the purposes of reproduction and display. Please note that due to the nature of the Internet and digital media, data transmitted - including your content - cannot be protected against the risks of misappropriation and/or piracy, for which Kestrel Health Information, Inc. shall not be liable. You are responsible for taking all appropriate steps to protect your content, where applicable.
The Sites may include bulletin boards, blogs, comment forums and other pages that allow you and other users to post information and materials, provide feedback or comments to Kestrel Health Information, Inc. and/or its Sites, and interact in real-time with other users or the Sites. You agree that Kestrel Health Information, Inc. and its licensees may reproduce, distribute, publish, display, edit, modify, create derivative works and compilations and otherwise use all information, text, messages, photographs, videos, member or display name and other materials posted by you ("Your Content") for any purpose in any form and on any media, including but not limited to Kestrel Health Information, Inc. Sites. You grant Kestrel Health Information, Inc. a non-exclusive, worldwide, perpetual, royalty-free right and sublicensable license to reproduce and create derivative works and compilations of Your Content, in whole or in part, and to display, perform, distribute and transmit the same in any form and on any media, including but not limited to the WoundSource Site and via the features that enable the Sites to be accessed both on the Internet and through any other electronic communication media or technology, now known or later developed, and to adjust the format or Your Content as necessary for the purposes of reproduction, display, transmission and promotion of Kestrel Health Information,Inc. its events, shows and Sites.
By using the Sites, you agree and grant Kestrel Health Information, Inc. the non-exclusive, royalty-free right and sublicensable license to display, distribute and transmit third-party advertisements in connection with Your Content.
5. Our Obligation and Liability as Host
We are under no legal obligation to monitor content transmitted via or stored on the Sites by you or other users. Although Kestrel Health Information, Inc. and its affiliates may monitor, review and/or delete comments, discussions, articles, chats, postings, transmissions, bulletin boards, photographs, videos and other user and member-generated content on the Sites, neither Kestrel Health Information, Inc. nor its affiliates is under any obligation to do so. You acknowledge and agree that any discussions, articles, chats, postings, transmissions, bulletin boards, photographs, videos, opinions, advice, statements, services, offers or other user and member generated content on the Sites are those of their respective authors who are solely liable for their content. Kestrel Health Information, Inc. and its affiliates reserve the right, in their sole discretion, to edit, refuse to post or remove any content submitted to or posted on the Sites.
Our only obligation as host concerns responding to certain content that has been brought to our attention.
YOU AGREE THAT YOUR USE OF THE SITES SHALL BE AT YOUR SOLE RISK AND LIABILITY. EVERYTHING ON THE SITES IS PROVIDED TO YOU "AS IS" WITHOUT WARRANTY. KESTREL HEALTH INFORMATION, INC. ITS AFFILIATED COMPANIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, VENDORS AND SUPPLIERS (THE "KESTREL HEALTH INFORMATION, INC. PARTIES") DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW. THE KESTREL HEALTH INFORMATION, INC. PARTIES ALSO DISCLAIM ALL WARRANTIES, TAKE NO RESPONSIBILITY AND ASSUME NO LIABILITY FOR THE CONTENT PRESENT ON THE SITES, INCLUDING BUT NOT LIMITED TO ANY MISTAKES, DEFAMATION, LIBEL, SLANDER, OMISSIONS, FALSEHOODS, OBSCENITY, PORNOGRAPHY OR PROFANITY YOU MAY ENCOUNTER ON THE SITES. THE KESTREL HEALTH INFORMATION, INC. PARTIES MAKE NO WARRANTY OR REPRESENTATION THAT THE SITES OR ITS SERVICES OR TECHNOLOGY, IN WHOLE OR IN PART, WILL BE UNINTERRUPTED, ERROR-FREE OR SECURE, INCLUDING WITH RESPECT TO THE DELIVERY OF YOUR CONTENT AND/OR ANY LIMITATIONS ON YOUR OR ANY OTHER USERS' ABILITY TO ACCESS, VIEW OR USE YOUR CONTENT OR ANY OTHER CONTENT, OR THAT ANY INFORMATION OBTAINED FROM THE SITES WILL BE ACCURATE OR RELIABLE.
YOU AGREE THAT NO KESTREL HEALTH INFORMATION, INC. PARTY SHALL BE LIABLE FOR ANY DAMAGES, LOSS, OR EXPENSE OF ANY KIND ARISING OUT OF OR RESULTING FROM YOUR USE OF THE SITES, IN WHOLE OR IN PART, REGARDLESS OF WHETHER SUCH LIABILITY IS BASED IN TORT, CONTRACT, OR OTHERWISE. IN NO EVENT, INCLUDING WITHOUT LIMITATION A NEGLIGENT ACT, SHALL ANY KESTREL HEALTH INFORMATION, INC. PARTY BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, LOSS OR CORRUPTION OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR INTERRUPTION OF BUSINESS), ARISING OUT OF OR IN ANY WAY RELATED TO THE SITES, REGARDLESS OF WHETHER ANY SUCH KESTREL HEALTH INFORMATION, INC. PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF WARRANTIES OR DAMAGES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO THE EXTENT SUCH JURISDICTION'S LAW APPLIES TO THESE TERMS.
6. Your Responsibility as User
You agree not to use the Kestrel Health Information, Inc. Sites for any purpose that is unlawful or prohibited by these terms, or the terms of a user agreement you have with Kestrel Health Information, Inc., if applicable. You may not use the Kestrel Health Information, Inc. Sites in any manner that could damage, disable, overburden, or impair any Kestrel Health Information, Inc. server, or the network(s) connected to any Kestrel Health Information, Inc. server, or interfere with any other party's use and enjoyment of the Kestrel Health Information, Inc. Sites. You may not attempt to gain unauthorized access to any portion of Kestrel Health Information, Inc. Sites, other accounts, computer systems, or networks connected to any Kestrel Health Information, Inc. server, through hacking, password or data mining, or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available to you on the Kestrel Health Information, Inc. Sites.
As a supplier of content to the Sites, including but not limited to Your Content, videos, photographs, comments, or articles, you are required to comply with any laws and regulations in force. You are thus responsible for ensuring that Your Content:
(a) does not violate the intellectual property rights of third parties (including video clips, photographs, television shows, animated and unanimated short, medium and/or feature-length films, and advertisements that you have not personally created or for which you have not obtained the necessary authorizations from third parties who hold the rights to them);
(b) does not cause personal injury (including defamation, insults, abuse, etc.) or constitute an invasion of privacy;
(c) is not contrary to public policy, child protection and privacy laws, or accepted moral standards;
(d) contains no child pornography, dangerous or illegal acts (including, but not limited to, incitement to violence, animal abuse or drug abuse);
(e) contains no sexually explicit content;
(f) is not per se illegal;
(g) does not contain or constitute unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
(h) does not upload, post, email, transmit or otherwise make available 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 hardware or telecommunications equipment;
(i) does not interfere with or disrupt the Sites or servers or networks connected to the Sites, or disobey any requirements, procedures, policies or regulations of networks connected to the Sites; and
(j) does not provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to § 219 of the Immigration and Nationality Act.
You also agree not to post or transmit any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, profane, hateful, racially, ethically or otherwise objectionable content of any kind, including but not limited to, any content which encourages conduct that would constitute a criminal offense, violate the copyrights, trademarks, services marks or similar intellectual property rights or other rights, including invasion of privacy or rights of publicity, of others. To be clear, Kestrel Health Information, Inc. neither wants nor tolerates such content. If Your Content contains such material, do not upload it to the Sites.
Failure to comply with these provisions will result in Your Content being removed and/or your account being deactivated without prior notice. In addition, Kestrel Health Information, Inc. reserves the right to report any violation of these provisions to applicable legal authorities and you may be personally liable to criminal sanctions applicable to the content in question (fines and/or imprisonment), in addition to any applicable civil damages.
7. Copyright Notifications
Kestrel Health Information, Inc. does not tolerate copyright infringing activities and infringement of intellectual property rights on its Sites, and will remove content uploaded by users (including Your Content) if properly notified that such content infringes on another's intellectual property rights. Kestrel Health Information, Inc. reserves the right also to terminate a user's account, if a user is determined to be a repeat infringer. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Kestrel Health Information, Inc.’s copyright agent the written information specified below:
- A physical or electronic signature of the person authorized to act on behalf of the owner of the copyright interest that is allegedly infringed;
- A description of all of the copyrighted works that you claim have been infringed upon;
- A description of where the material that you claim is infringing is located on the Site, including, if possible, a URL of the specific location of the infringing material;
- Information sufficient to allow us to contact you including, at a minimum, your address, telephone number, and e-mail 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.
Kestrel Health Information Inc.’s Copyright Agent for notice of claims of copyright infringement on its site can be reached as follows:
Kestrel Health Information, Inc.
8. Permission to Reproduce Kestrel Health Information, Inc. Material
Permission to reproduce material from the Kestrel Health Information, Inc. in another publication, Sites, or other formats is required by law unless your request is considered "Fair Use”. A permission contract is required to reprint or reproduce material from Kestrel Health Information, Inc. and its affiliate publications (the rightsholder) if it is not considered “Fair Use”. A request for permission needs to be submitted regardless of word count.
Written permission must be obtained from the rightsholder in order to re-use any copyrighted material. Typically the rightsholder of published material is the publisher unless it is explicitly indicated otherwise. Copyrighted material can include text excerpts, figures, illustrations, charts, tables or photographs. All material on the Internet is protected by copyright whether or not a copyright notice is displayed. Re-use of any borrowed material must be submitted to the publisher with issuance of a contract to be properly acknowledged. Kestrel Health Information, Inc. has the right to deny any requests for re-use of copyrighted material.
Permission must be obtained from the rightsholder of the material by contacting the publisher of the material directly. If the rightsholder requires that the credit line be in a specific format, this must be followed exactly as indicated in the permission contract issued by the rightsholder.
Permission requests must include the following information:
- Title, publisher, author/editor, and publication date for the publication in which the figure and/or content will be reproduced.
- Copy of the content and/or URL of the requested content
- The format in which the material will be reproduced (e.g. website, newsletter, presentation, etc.)
If you wish to submit a permission request, send a written request to the Kestrel Health Information, Inc. electronically or by post to email@example.com or PO Box 189, Hinesburg, Vermont, 05461. Permission has not been granted until a signed contract from a Kestrel Health Information, Inc. representative is sent to and received by the requestor.
The principle of “fair use” provides for limited use of copyrighted text. Brief extracts may be used for commentary or criticism without permission if appropriate credit is given.
9. Allowed Uses
Kestrel Health Information, Inc. encourages its users to print topic reviews and graphics for personal, clinical, educational, or research use. Such material should be printed directly from the Kestrel Health Information, Inc. Sites service so that the copyright statement is visible and must be given free of charge. Users may email individual materials reviews and graphics to others, including patients and colleagues as permitted by the Site's functionality. Users may also link to Kestrel Health Information, Inc. Sites for materials reviews.
Unless otherwise specified, all materials appearing on this site, including the text, site design, logos, graphics, icons, and images, as well as the selection, assembly and arrangement thereof, are the sole property of Kestrel Health Information, Inc., or have been licensed to Kestrel Health Information, Inc. for use.
As a convenience to you, the Sites may contain links to websites operated by other entities (a "Linked Site"). If you decide to visit any Linked Site, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses or other destructive elements. Kestrel Health Information, Inc. has no responsibility to you with respect to any Linked Site and no Linked Site, regardless of the linking form (e.g. hotlinks, hypertext links, IMG links) is maintained, controlled, endorsed, monitored or otherwise governed by Kestrel Health Information, Inc. Links from our Sites to any Linked Site do not constitute an endorsement by Kestrel Health Information, Inc. of a Linked Site, or the products, content, materials or information presented or made available by such sites. You acknowledge and agree that Kestrel Health Information, Inc. is not responsible for any damages or losses to you or any other person caused or alleged to have been caused by your use of any Linked Site, or from the products, content, material or information presented by or available through those sites.
You agree to indemnify and hold harmless Kestrel Health Information, Inc. its officers, directors, employees and agents against any claim, action and/or complaint by any third-party to which we may be exposed and you agree, in this regard, to accept exclusive liability for any sums, damages, costs, lawyers' fees and court costs for which we may be held liable arising from your submission of material to the Sites or your violation of these Terms.
14. Choice of Venue/Law; Waiver of Jury Trial
You agree that Kestrel Health Information, Inc. shall be deemed to be a passive website that is based solely in Florida and over which personal jurisdiction cannot be obtained, either specific or general, in any jurisdiction other than state or federal court in Vermont.
You agree that any dispute between you and Kestrel Health Information, Inc. arising out of or relating in any way to these Terms or your use of the Sites shall be interpreted in accordance with the laws of the State of Florida without reference to its conflicts of laws and shall in all respects be governed, construed, applied, and enforced in accordance with the laws of Florida. You also agree that any claim or dispute between you and Kestrel Health Information, Inc. shall be decided exclusively by a court of competent jurisdiction located in Florida.
15. Electronic Signatures
You agree to be bound by any affirmation, assent, communication or agreement you transmit through the Sites, including but not limited to any consent you give to receive communications from Kestrel Health Information, Inc. solely through electronic transmission. You agree that, when in the future you click on "I agree," "I consent," "Submit," or other similarly worded "button" or entry field with your mouse, keystroke or other computer device, your agreement or consent will be legally binding and enforceable and the legal equivalent of your handwritten signature.
Kestrel Health Information, Inc. may amend or revise the Terms or any other policy of Kestrel Health Information, Inc. at any time and you agree to be bound by such revised Terms or policy. Any such amendment or revisions will become effective upon the date it is first posted to this site. It is your responsibility to return to the Sites from time to time to review the most current Terms and other Kestrel Health Information, Inc. policies. Kestrel Health Information, Inc. does not and will not assume any obligation to notify you of changes to the Terms or any other policy of Kestrel Health Information, Inc.
17. Entire Agreement
If, for any reason, a court of competent jurisdiction finds any provision of the Terms or any portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to affect the intent of the Terms, and the remainder of these Terms shall continue in full force and effect. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.
Last revised: May 23, 2018