Terms of Use for PointofCareForum.com Internet Forum

The TerraPharma Project, LLC (TerraPharma) offers a wide range of content and information about via www.pointofcareforum.com (PointofCareForum). Such content is offered via PointofCareForum free of charge. By using PointofCareForum, you agree to accept and comply with the following terms, conditions, and disclaimers of use established by TerraPharma (Terms of Use):

Limited Right to Use - TerraPharma owns and operates PointofCareForum. Unless otherwise specified, all Material on PointofCareForum is the property of TerraPharma and is protected by the copyright laws of the United States and, throughout the world by the applicable copyright laws. You may use, view, print and/or download one copy of the Material from PointofCareForum on any single computer solely for your personal, informational, and non-commercial use, provided you keep intact all copyright and other proprietary notices. No Material published on PointofCareForum may be copied, reproduced, modified, republished, uploaded, posted, transmitted, or distributed, in whole or in part or by any form or means, without prior written permission from TerraPharma. The use of Material on any other web site or networked computer environment or for any other purpose is strictly prohibited and such unauthorized use may violate copyright, trademark, and other similar laws. You agree that TerraPharma may, in its sole discretion, terminate your access to PointofCareForum at any time without notice. TerraPharma reserves the right to make changes to PointofCareForum and these Terms of Use. Your continued use of PointofCareForum shall be deemed to be acceptance of these Terms of Use and notice of any such changes.

Trademarks - The trademarks, service marks, and logos of TerraPharma and others used in this web site (Trademark) are the property of TerraPharma and their respective owners. Nothing contained in PointofCareForum grants you the right to use (by implication, waiver, estoppel, or otherwise) any Trademark without the prior written permission of TerraPharma or the respective owner.

General Disclaimer - Due to the nature of the Internet, TerraPharma does not warrant that access to PointofCareForum or any of its pages will be uninterrupted or error free. TerraPharma does not warrant or make any representations regarding the usefulness of or the expected results of the material contained on PointofCareForum. ALL MATERIAL ON POINTOFCAREFORUM, INCLUDING ANY LINK TO OTHER WEB SITES AND CONTENT FOUND AT OTHER WEB SITES, IS PROVIDED AS IS AND ANY WARRANTY (EXPRESS OR IMPLIED), CONDITION OR OTHER TERM OF ANY KIND, INCLUDING WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTIBILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR TITLE IS HEREBY EXCLUDED.

Links to Other Web Sites - Solely as a convenience to you, TerraPharma provides links from PointofCareForum to other web sites and it is possible for you to link to and access non-TerraPharma web sites while visiting PointofCareForum. TerraPharma does not control these linked sites and is not responsible for the content or accuracy of any linked site or any link contained in a linked site. TerraPharma does not endorse any company, content, or products to which PointofCareForum links. TerraPharma reserves the right to terminate any link or linking program at any time. Access to non-TerraPharma web sites is solely at your sole risk and discretion. Non-TerraPharma web sites may contain unedited, sexually explicit, violent, racist, or other types of offensive material. TERRAPHARMA DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, TO ANY SUCH LINKED SITES, INCLUDING BUT NOT LIMITED TO ANY TERMS AS TO THE ACCURACY, OWNERSHIP, VALIDITY, OR LEGALITY OF ANY CONTENT OF A LINKED SITE.

Viruses, Worms, Use of Files - TerraPharma does not warrant or guarantee that files available for downloading from PointofCareForum are free of viruses, worms, Trojan horses, or other code that have contaminating or destructive properties. TerraPharma makes no express or implied warranties, representations, or endorsements whatsoever (including without limitation warranties of title, non-infringement or fitness for a particular purpose) regarding the files available for downloading from PointofCareForum. In no event will TerraPharma be liable to you or to anyone else for any decision made or action taken by you or anyone else in reliance on results obtained from use of files downloaded from PointofCareForum.

Access to and Use of Password Protected or Secured Areas - Access to and use of password protected or secured areas of PointofCareForum is restricted to authorized users only. As a condition of obtaining access to protected or secured areas of PointofCareForum, you shall provide accurate and current information on all registration forms. You are solely responsible for maintaining the confidentiality of any username and password that TerraPharma assigns you to access PointofCareForum, as well as any activities that occur under your username/password. You shall not misuse or share the username/password that is issued to you by TerraPharma, misrepresent your identity or your affiliation with an entity, impersonate any person or entity, or misstate the origin of any Material you are exposed to through PointofCareForum. If you are in violation of your obligations under these Terms of Use, you may be subject to prosecution.

As a further condition of obtaining access to protected or secured areas of PointofCareForum, you agree to take commercially reasonable steps to prevent the posting or transmission of any of the following on any web board or web conference within PointofCareForum:
Any unlawful, threatening, abusive, libelous, defamatory, racial, obscene, vulgar, pornographic, profane, or indecent information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, national or international law;
Comments containing harassing or offensive language, using sexual references, sexual nicknames, racial slurs or rude or deliberately offensive comments or engage in disruptive activity online, including excessive use of scripts, sound waves, scrolling (repeating the same message over and over), or use viruses, worms or Trojan horses;
Software or other material which violates or infringes the rights of others, including material which is an invasion of privacy or publicity rights or which is protected by copyright, trademark or other proprietary right, or derivative works without first obtaining permission from the owner;

Software or other material which contains a virus, worm, Trojan horse, or other code that has contaminating or destructive properties;
Any information, software, or other material for commercial purposes;
Solicit other users to join or contribute money to any online service or other organization, or advocate or attempt to get users to join in legal or illegal schemes;

Monitoring - Although TerraPharma has no obligation to do so, TerraPharma reserves the right at all times to (i) review communications to PointofCareForum to determine whether they comply with these Terms of Use and applicable laws and regulations; and (ii) disclose any information regarding the web boards or web conferences on PointofCareForum or to remove any information or materials, in whole or in part, that TerraPharma deems unreasonable in its sole and absolute discretion. TerraPharma shall not have any liability or responsibility for the content of any communications posted to PointofCareForum, or for any errors or violations of any laws or regulations. TerraPharma will comply with any court order in disclosing the identity of any person posting communications on this web site.

Limitation of Liability - IN NO EVENT SHALL TERRAPHARMA BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES INCLUDING, WITHOUT LIMITATION, LOSS PROFITS OR REVENUES, COSTS OF REPLACEMENT GOODS, LOSS OR DAMAGE TO DATA ARISING OUT OF THE USE OR INABILITY TO USE POINTOFCAREFORUM, OR DAMAGES RESULTING FROM USE OF OR RELIANCE ON THE INFORMATION OR MATERIALS PRESENTED ON POINTOFCAREFORUM, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY, EVEN IF TERRAPHARMA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Minors and Child Online Privacy Protection Act PointofCareForum is not subject to the Child Online Privacy Protection Act because it does not direct content to minors and does not intend to collect personal information from minors. If you are a parent or legal guardian of a minor and you permit that minor to access and use PointofCareForum, you agree that you will be solely responsible for: (i) the online conduct of such Minor; (ii) monitoring such Minor's access to and use of PointofCareForum and (iii) the consequences of any use.

The Digital Millennium Copyright Act TerraPharma reserves the right to terminate your access to PointofCareForum if it determines, in its sole and absolute discretion, that you are involved in infringing activity, including alleged acts of first-time or repeat infringement, regardless of whether the material or activity is ultimately determined to be infringing. TerraPharma and its service providers accommodate and do not interfere with standard technical measures used by copyright owners to protect materials. Any claim of infringement pursuant to the Digital Millennium Copyright Act should be made to the following designated agent: admin@pointofcareforum.com

Any such claim should be made in writing and include the following information:
A physical or electronic signature of a person authorized to act on behalf of (i) the owner of an exclusive right that is allegedly infringed or (ii) the person defamed.
Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
Identification of the material that is claimed to be infringing, or to be the subject of infringing activity, including information reasonably sufficient to permit us to locate the material.
Information reasonably sufficient to permit us to contact you, such as your address, telephone number, and/or electronic mail address.
A statement of good faith belief that use of the material in the manner complained of is not authorized by the copyright or other proprietary right owner, its agent, or the law.

Export Restrictions - The United States export control laws and regulations, including the Export Administration Regulations of the U.S. Department of Commerce, and other applicable laws or regulations apply to PointofCareForum. These laws and regulations prohibit the export or re-export of content, products, services, and technology to the countries and nationals of (i) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other country to which the United States has embargoed goods or (ii) to anyone listed on the U.S. Treasury Department List of Specially Designated Nationals or on the U.S. Commerce Department's Table of Deny Orders. You represent and warrant that you are not located in, under the control of, or a national resident of any such country or on any such list. You agree to comply with all export laws, regulations, and restrictions of the United States and any foreign agency or authority and to assume sole responsibility for any such unauthorized exportation.

Applicable Laws - Use of PointofCareForum will be governed by and construed in accordance with the laws of the State of California, without giving effect to its conflict of law provisions. All matters relating to your access and use of this web site shall be governed by the federal laws of the United States and the laws of the State of California. Exclusive jurisdiction and venue of any actions arising out of, or relating to or in any way connected with your access and/or use of PointofCareForum shall be in San Diego County, California, if in state court, or in the Southern District of California, if in Federal Court.