PRIVACY POLICY
Your privacy concerns are important to Farran Media, L.L.C. (herein referred to as "Farran Media", “we”, “our” or “us”). This Privacy Policy is designed to provide you with the information you need to control your personal information. This Privacy Policy describes the information we collect through our website communities and applications (collectively, “Website”), how we use that information and other information on how we protect your privacy. By visiting and/or joining our Website, you are accepting and agreeing to the terms in this Privacy Policy.
This Privacy Policy will be updated periodically, so please be sure to reread it from time to time. If you do not agree with the terms in this Privacy Policy, please do not use our Website or provide any information to us.
Information we collect
Information you provide. We do not use our services to collect any Personal Information about you other than what you provide voluntarily for various purposes, such as information you provide when you sign up for an account, post on the Message Board forums, or message/communicate with others.
Personal Information includes:
- First and last name
- Company name
- Title
- Mailing Address
- Telephone number
- Email address
- School you graduated from
- Field of practice
- Other information specifically requested to participate in certain services
If you choose not to provide the required Personal Information about yourself, we will not be able to verify your member account or grant you full access to all areas of our communities, or possibly deny access all together. If you provide Personal Information, you agree to provide true and accurate information, as this is required to verify your affiliation in the dental industry. Our communities include a secure, private message board forum that can only be accessed by verified members working in the dental industry. Your user name is not considered Personal Information and you will have the ability to show only your user name on the Message Board forums and remain anonymous if you choose so. You can change or review your Personal Information by clicking on the My Profile tab located in the blue bar across the top of any page.
Information from use of our services. Anonymous information is collected for every visitor to our Website.
This includes:
- Device or System Information such as hardware model, operating system, device identifiers, browser type.
- Use information such as pages viewed, date and time, IP numbers are used to determine domain type and in some cases, geographic region in order to identify sponsor for your area and statistical information. We do not make any association between this information and a visitor's identity.
- Information may be stored on your hard drive in a “cookie file.” We use cookies to verify your account and determine when you’re logged in so we can make it easier for you to access the Website. We use cookies to help us keep your account and the Website safe and secure. We use cookies to help us show ads and to make recommendations for businesses and other organizations to people who may be interested in the products, services or causes they promote. You have the ability to accept or decline use of cookies. If you wish to block or delete such files, most browsers provide a method for doing so; however, you may be restricted from logging in to or accessing our Website.
How we use information
To provide services you request. We will use Personal Information provided by you for the purpose for which it is given to us. For example, to respond to a request for further information, or to have a sponsor contact you at your request. It also may be used by us, for transmission of newsletters and advertisements in which you may be interested, if you opt-in to receive such information, and for such other purposes that are disclosed at the time the information is given. If you receive information that you do not wish to receive, please contact us or follow the instructions for removing your name from the circulation or distribution list for that item.
To communicate with you. We may use your information to send you information about our services. If you receive email communications from us and wish not to, you may contact us to have your name removed from our distribution lists at the email address or phone number listed below. You may also receive communications from us regarding other programs and special offerings if you have affirmatively opted-in. We provide a link in all of our communication to opt-out if you so choose.
For other purposes. We reserve the right to use, without Personal Information, any questions, comments, photos, or other information posted by users on our forums, in electronic or print materials, or magazine articles, commentaries, research or similar ways. Users will be identified by user name or publicly displayed name.
How we store and protect information
We may store any information you submit through the Website. Your information may be stored and processed by us in the United States, Europe, or any other country. By providing us with your Personal Information or allowing such information to be transferred to us, you consent to the transfer, processing and storage of your Personal Information in countries outside of your country of residence.
We will retain your Personal Information for the period necessary to fulfill the purposes outlined in this Privacy Policy unless a longer retention period is required or permitted by law. This information is retained and used in accordance with existing laws, rules, regulations, and other policies.
Personal Information is stored on our server and is not publicly accessible. While Farran Media makes every attempt to prevent unauthorized persons from accessing our files or tampering with our website, we cannot guarantee that these efforts will always be successful or that your information will not be lost, misused or altered. We are not responsible for any breach of security or any action by a third party that receives the information. You are prohibited from violating or attempting to violate security for or otherwise interfering with the operation of the Website. We do not make, and expressly disclaim, any representation or warranty, express or implied, regarding the security or integrity of the website and your personal information.
If you visit a website that is linked to our Website, you should consult that website's privacy policy before providing Personal Information. Links to other websites do not imply endorsement of the materials disseminated at those websites. Farran Media is not responsible for the security procedures or data collection policy for any linked website. Accessing a linked site is at your own risk.
Information we share
Except as otherwise provided, this Privacy Policy only addresses the information that we collect from you, but not about how third parties to whom you disclose your information may use and disclose your information. Any Personal Information you elect to make publicly available on the Website, such as posting comments on our Message Board Forums, will be available to others. If you remove information that you have made public on the Website, copies may remain viewable in archived pages of the Website, or if the other users have copied or saved that information. If you disclose your personal information to third parties such as other users, other rules may apply to how they use and disclose information provided to them. We do not police or influence the privacy policies of third parties. When providing your personal information to third parties, their privacy policies govern their use and disclosure of your personal information. Before disclosing your personal information to a third party, you should familiarize yourself with their privacy policy.
If you have elected to receive information from our third-party sponsors or if you purchase educational offerings provided by third-parties, we provide your Personal Information to such third parties so that they can provide the information you have requested and may communicate with you directly. Use of information by those third parties is governed by their privacy policies and we do not control or are responsible for their use and protection of your Personal Information.
Under special circumstances we may, and you authorize us to, disclose Personal Information without your consent if we believe, in our sole discretion, it is reasonable to do so to satisfy laws (such as the Electronic Communications Privacy Act, as amended) or government regulations, comply with legal process or law enforcement requests, commence legal actions to protect our rights or property, or to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person or violations of this Privacy Policy or other terms found on the Website.
Children
Farran Media's policy is that our Website may be used only by users who are over the age of 18 and use of portions of the Website that require an account and you to log in are intended for and restricted to those working in the dental industry. We do not intentionally collect any information from children or users that we have reason to believe are under the age of 18. However, if a parent learns that a child has submitted Personal Information to our website, the parent should contact us and that information will be deleted.
Access or Change to Personal Information
Certain jurisdictions permit you to request certain information regarding our disclosure of Personal Information to third parties for their direct marketing purposes. To make such a request, please send an e-mail to: privacy@farranmedia.com or call +1-480-598-0001.
Subject to certain exceptions prescribed by law, you have a right to access and request correction of, or deletion of, most Personal Information that we have about you. In some circumstances, it may not be possible for us to provide you with all of your Personal Information. For instance, there may be instances where disclosing the requested information would impact the privacy of another individual. Where we cannot provide access to Personal Information held about you, we will tell you why.
If you think that any Personal Information we hold about you is inaccurate, you may contact us using the contact details below and we will take reasonable steps to ensure that the information is corrected. We may take steps to verify your identity before providing you access to your Personal Information.
If you send any request for access to or correction of your Personal Information, we will do our best to respond within a reasonable period after your request.
International Transfer
If you are accessing the Website from outside the United States, you may be sending information, including Personal Information to the United States where our servers are located. That information may be transferred within the United States or back out of the United States to other countries outside your country of residence. These countries do not necessarily have data protection laws as comprehensive as those in your country. Information transferred to the United States or another country is subject to the laws of that country and may be disclosed or accessed in accordance with those laws. By transferring information or allowing information to be transferred to us, you consent to the transfer, processing and storage in countries outside your country of residence.
Do Not Track Signals
Farran Media does not respond to Do Not Track (DNT) signals.
Data Controller
For the purposes of this Privacy Policy, you are the Data Controller of your Personal Information. “Data Controller” means a person who (either alone or jointly or in common with other persons) determined the purposes for which and the manner in which any Personal Information is, or will be, processed. Farran Media should be considered only as a processor on your behalf as to any Personal Information that is subject to the requirements of European Union’s Directive 95/46/EC. We may use the services of various third-party service providers in order to process your data more effectively.
Terms of Use
This Privacy Policy should be read in conjunction with the Terms of Use, which govern your use of the Website. In the event of a conflict between the Terms of Use and this Privacy Policy, this Privacy Policy shall control.
Data Protection Officer
If you have any comments or questions about this Privacy Policy, of if you would like to request access to the Personal Information that we have about you, correct any such information, or delete such information, please contact our Data Protection Officer, Ken Scott at privacy@farranmedia.com or call +1-480-598-0001.
TERMS OF USE
Our Members
Our communities are restricted to those working in the dental industry and dental professionals only. Consumers are restricted from creating an account on our Website.
When we receive an e-mail, we make reasonable efforts to respond in as timely a manner as possible but Farran Media does not guarantee that it will respond to all inquiries. We reserve the right to ignore or delete any information including, without limitation, information that is fraudulent, abusive, defamatory, and obscene or in violation of a copyright, trademark or other intellectual property or ownership right of any other person. You should be aware of the general risks of transmitting information over the Internet. While we attempt to prevent unauthorized persons from accessing our files or tampering with our site, we cannot guarantee that these efforts will always be successful or that information will be transmitted without interruption or error and Farran Media specifically disclaims any liability with respect thereto.
Our Sponsors
The Website is one way for you to gather general dental information and to make contact with contracting sponsors in your area who have arranged to post advertisements on, and make other information available through, our Website (the “Sponsors”). Our relationships with a Sponsor in a particular area are based on factors we establish, which may include offering exclusivity in a particular region. Sponsor information may be displayed based on the zip code where you reside. All information regarding a specific Sponsor has been provided by that Sponsor.
We contract with Sponsors for a fee and such fee is not based on the volume or value of any services. Sponsors may or may not provide to our users. We do not endorse, credential or accredit the services our Sponsors advertise and make no representations or warranties about the type of services, quality of care, source of payment or billing practices of our Sponsors. We do not verify or update the licenses, accreditations, certifications or other permits and approvals of any Sponsor. You are responsible for all activities between you and a Sponsor.
If you indicate that you wish information about or from a Sponsor, or to be contacted by a Sponsor, this information is passed along to the Sponsor. We may also provide to our Sponsors general information about the users who visit our Website.
Contacts with Others’ Websites
Our Website may include or provide links to other web sites on the Internet, which may include information, opinions or recommendations of various individuals, organizations or companies. In providing such links, we do not represent to you that it has investigated the content of such information, opinions or recommendations, and thus you understand and agree that our Website does not warrant or guarantee the accuracy of such information or necessarily endorse, credential or accredit any such opinions, recommendations, websites, individuals, organizations or companies. You acknowledge and agree that Farran Media has no control over such sites and is not responsible for the availability of such external sites. You also acknowledge and agree that we do not endorse and are not responsible or liable for any content, advertising, products or other materials on or available from such sites. You should contact the site administrator or Webmaster for other websites if you have any concerns regarding such links or the content located on such other websites.
Our Information
Farran Media strives to be a valuable resource of timely information for our users. We cannot ensure that information we provide is accurate, exhaustive or complete on every subject or that it will necessarily include all of the most recent information available on a particular topic.
Your Information
Farran Media may gather and share customer and client information with its Sponsors about the areas, topics and communities of interest, zip codes, and products and services identified, purchased or used by you and our other users of the Website, with opt-in permission. Such information may be aggregate or individual. Information we gather about the use of our website may be used, for example, in providing information to our Sponsors, advertisers or vendors of products and services with which we have a relationship. The manner in which we collect and use personally identifying information voluntarily provided by you is described in our Privacy Policy. Such information may also be used by Farran Media to enforce this Agreement. You agree that all information submitted by you is accurate and complete. You further agree that you will not access the portions of the Website requiring a login unless you are a dental professional. Farran Media may restrict or terminate your access to the Website if it has reason to believe you have provided false or inaccurate information.
Research Organizations and Studies
We contract with research organizations, and other companies that recruit research candidates, that are interested in identifying individuals who may be interested in participating in research studies of various kinds. Farran Media is compensated under such arrangements. There are places on our Website that provide you with information about these research opportunities. Your decision to participate in a research study is completely voluntary. Any information you may provide to Farran Media in connection with requesting additional information on clinical trials may be disclosed to research organizations or similar entities, and therefore should not be considered confidential to Farran Media. You will not be compensated for providing such information to us, and you do not have any ownership in any research organization studies or anything derived from such studies. Farran Media does not evaluate, approve, review or endorse any research organization studies. We do not control or determine how information provided to a research organization is used by that organization or whether the research organization provides such information to others with which it has agreements.
Copyright and Trademark
All text and images are Copyright© Farran Media. The names on our Website(s) and associated logos are proprietary trademarks and service marks of Farran Media.
As an example, the trademark DENTALTOWN is owned by Farran Media, as are all of our community Website names. Using DENTALTOWN or any of our community names to identify your private practice or dental business implies sponsorship, affiliation or approval of your practice by Farran Media and Howard Farran. The implication they do is a false representation and false designation of origin under trademark law. 15 USC §1125(a)(1)(A). Farran Media reserves all legal remedies for trademark infringement. So that no individual member is given an undue advantage, and to maintain objectivity and industrywide perspective, Farran Media and Howard Farran do not sponsor or promote other dental companies or private practices. In the event a member violates this restriction, legal remedies for trademark infringement will be pursued.
The Website contains information, software, text, photographs, graphics and other material that are protected by copyright, trademark or other proprietary rights of Farran Media All content on the Website is copyrighted as a collective work pursuant to applicable copyright law. You are granted a limited nonexclusive license to use the information for your personal and noncommercial use. Otherwise, you may not copy, store in an electronic form, modify, print, transmit, sell or transfer, create derivative works from, distribute, perform, frame in another web page, display, or in any way exploit any of the content, in whole or in part. Permission to reprint or electronically reproduce any materials is expressly prohibited without prior written consent from Farran Media. You may hyperlink to the Website provided that the link is to the “home” page of the Website.
The Website includes an interactive portion that allows users to submit information and materials. Users shall not provide copyrighted or other proprietary information without permission from the owner of such material or rights and shall be solely responsible for any damages resulting from such disclosures. Users shall be solely responsible for obtaining such permission and agree to indemnify Farran Media and its subsidiaries for any claim that information or materials submitted by you infringe any third-party intellectual property right. You grant Farran Media a nonexclusive license to use, copy, edit, modify, transmit, distribute and to create a derivative work of any information or material submitted by you through the Website, including but not limited to distribution in Farran Media’s electronic and print newsletters and magazines.
If you believe that your work has been copied in a way that constitutes copyright infringement, please provide us along with the copyright agent the following information:
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- a description of the copyrighted work that you claim has been infringed;
- a description of where the material that you claim is infringing is located on the site;
- your address, telephone number, and email address;
- a statement by you that you have a good faith belief that the dispute use is not authorized by the copyright owner, its agent, or the law;
- 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 owners behalf.
Farran Media’s Copyright Agent for Notice of claims of copyright infringement can be reached at: +1-480-445-9689 by telephone; or by email: lorie@farranmedia.com
Your Conduct
We may adopt and revise policies from time to time governing the conduct of our users, including, without limitation, when they exchange messages or information, participate in chat sites or community forums, which policies are incorporated by reference into this Agreement as noted above. We have the right, but not the obligation, to review, modify, block or delete any postings or messages we consider to be potentially defamatory, obscene, harassing, abusive, threatening or otherwise intended to or having the effect of interfering with or disrupting the exchange of information or operation of the Website. You agree not to use the Website or information from other users to send unsolicited commercial messages, or to initiate unsolicited commercial transactions, either individually or in a mass mailing or message distribution. If you post information, or other materials on the Website, you agree and represent and warrant that you have all rights under applicable law, including without limitation, copyright, trademark, trade secret, or other intellectual property laws, that permit you to provide this information on the Website and that we and all users have the right to download and use that information, software or other materials. You warrant to Farran Media that you will not use them for any purpose that is unlawful or prohibited by this Agreement of use in any manner.
Message Boards
The Website includes many community message boards. To access the message boards, and certain areas of each community, you will be required to create an account on our Website. You will need to select a user name and password; the username that you select is the name that appears when you post on the message board. It can be any name that you select, as long as someone else has not selected that name before you. Your password, like your username, is only for logging into the communities. It can be anything you want it to be. If you are an AOL user, it does not have to be your AOL password, and in fact, we suggest that you not use your AOL password.
Considering the real-time nature of the message board(s), Farran Media cannot review messages or confirm the validity of information posted. We do not actively monitor the contents of posted messages, are not responsible for any messages posted, do not vouch for or warrant the accuracy, completeness or usefulness of any message, and are not responsible for the contents of any message. The messages express the views of the author of the message, not necessarily the views of the Administrators or any entity or individual associated with Farran Media. Any user who feels that a posted message is objectionable is encouraged to contact the Administrators immediately by email. The Website Administrators may in its discretion remove such material, but neither the removal nor the failure to do so shall result in liability to anyone. Because removal is a manual process, removal or editing particular messages may not occur immediately.
You shall not upload, post or email any content or information that (a) is libelous, defamatory, obscene, pornographic, abusive, harassing or threatening, (b) contains viruses or other contaminating or destructive features, (c) violates the rights of others, such as content that infringes any copyright, trademark, patent, trade secret or violates any right of privacy or publicity, (d) offends the community standards of users of the Website (e) interferes with or disrupts the Website, (f) harass another user or (g) otherwise violates any applicable law. Our Terms of Use Guidelines that include the above rules are posted within the Message Boards for members to view at any time. The Guidelines are found by clicking on the News & Information category within any message board community and are pinned as the first forum within this category. Although the Administrators do not and cannot review the messages posted and are not responsible for the content of any of these messages, they reserve the right to delete any message for any reason whatsoever. You remain solely responsible for the content of your messages, and you agree to indemnify and hold the Website harmless with respect to any claim based upon transmission of your message(s). Farran Media reserves the right to reveal your identity (or whatever information we know about you) in the event of a formal subpoena arising from any message posted by you. We reserve the right to use any messages or information posted by you for any purpose, including but not limited to reproduction in its electronic or printed publications and you grant Farran Media, a nonexclusive license to use, copy, edit, modify, transmit, distribute and to create a derivative work of any such message or information in its electronic and printed publications.
Terms of Use for the Message Boards
These terms of use are in addition to the Privacy Policy and Terms of Use for the Website. By accessing the Message Boards, and other interactive areas of this site, you agree to abide by these rules of engagement.
If you have problems with a member or a post, you have two options. You can click the Thumbs Down or you can click the Report Post button found at the bottom of every post. The report option gives you an opportunity to give a reason for your issue with the post or member. We will try to review and handle these matters as quickly as possible.
As a user of the message board, you agree that you will not post or send to another community member (by personal delivery, mail, email or otherwise) any of the following:
- Material that is intended to harass, belittle, humiliate, defame, abuses, or threatens others, including but not limited to, threats of instituting litigation against another member.
- Statements that are personal attacks.
- Posting of sexual content, sexual avatars and signatures, obscenities, and cussing.
- Statements that are bigoted, hateful, or racially offensive.
- Material that advocates illegal activity or discusses illegal activities with the intent to commit them.
- Unauthorized copyrighted material.
- Personal information of another user (name, address, phone number, picture, etc.) without their express permission, and/or who may wish to remain anonymous.
You are granted a limited nonexclusive license to use the information for your personal and noncommercial use. Otherwise, you may not copy, store in an electronic form, modify, print, transmit, sell, or transfer, create derivative works from, distribute, perform, frame in another web page, display, or in any way exploit any of the content, in whole or in part. Permission to reprint or electronically reproduce any materials is expressly prohibited without prior written consent from Farran Media. We reserve the right to hide, edit or delete any post on our message boards.
The following are the most frequent issues that require moderator intervention:
Personal Attacks:
Please pay careful attention to how you use your words when posting. The “Golden Rule” for the board is to respect others. Focus on the subject matter, not the person or a group of people. Posts that include baiting, harassment, personal attacks, or name calling are subject to moderator review and can be edited or deleted.
Self-Promotion:
When threads are “hijacked" into sales pitches, the original interesting discussion is lost. If a thread is started for the sole purpose to sell your product or service, then the message boards quickly become cluttered with “spam” threads. Therefore, we will remove these types of posts. The member will be notified immediately of the violation with an explanation.
If a member asks on the message board about a product or service you may contact them via private message, however it is a violation of the message board guidelines to send unsolicited personal messages to any of our members to promote your company or a product or service. Invitations to ‘contact me” or any other form of helpful posting are allowed within the body of your post, AS LONG AS you are contributing to the discussion and the ‘contact me’ is included within the post giving helpful information. However, this ‘contact me’ is not to be repeated more than once.
As a member vendor, if you choose to participate and post, the signature area must be filled out with your company affiliation. You also have the option to upload your company logo or any other information you’d like to include.
Conflicts of Interest:
Posting anything negative about a product or company that is a competitor to a product or company you have a financial interest in can be edited or deleted. If you have a financial interest in a company, product or service, make this clear in the body of your post or in the signature area when posting a message. If your post pertains to a competing product or service that you have a financial interest in, this also needs to be clear in the body of your post or in the signature area.
Quoting a Post That Has Been Edited or Deleted:
Your post has been edited or deleted because it quoted or replied to a prior post that had to be edited or deleted due to a rule infraction.
Multiple Posting:
Posting the same message in multiple forums is a form of spam. The administrator will select one to keep and delete the others.
Thread Hijacking:
Stay on topic. Don’t hijack a thread by changing the topic of the thread. Disruptive posts may be deleted. If you want to start a new conversation, then you should start a new thread.
Posting a Classified Ad:
Any content posted for selling your practice, equipment etc. or recruiting or looking for a job should be posted within our Classified Ad section and not within the message boards. The post will be deleted, and you will be notified and offered assistance with using our classified ad section.
CE Course Information:
We do allow posting of upcoming accredited continuing education. However, for the same reasons as listed above we have guidelines for our CE contributors.
- Any information about CE must ONLY be posted in the CE forum. Not in other forums. They will be deleted if posted elsewhere.
- The CE postings are for ADA and/or AGD accredited CE only. Anything else will be deleted. One may have links to non-accredited “CE” in one’s signature area.
- Only one CE thread per lecturer or group of lecturers that are associated with each other. Multiple threads will be deleted.
- CE threads may only have new posts added to it by the lecturer or anyone associated with the CE program, once a week. No daily “bumps”. However, if someone asks a question to the lecturer or anyone associated with the lecture in the CE thread, it may be answered even if they already posted on that thread earlier that week or even that day.
- Podcasts are not CE and should not be posted in the CE forum.
- Prices for anything posted in the title of the thread will have the thread deleted.
Excessive Vulgarity and Obscenity:
This post has been deleted due to excessive and unnecessary vulgarity and obscenity.
Additional Information and Tips:
- Members are only allowed one account. If individuals have multiple accounts, upon discovery the account that is used the least will be inactivated. Giving your login and password to someone else to use is strictly forbidden. Giving it to someone that is not a member or sharing it with another member could lead to banning of your account.
- Please post in the appropriate forum. Moderators will possibly move your thread or post to the proper forum.
- When you copy and paste news articles or things from other web sites please post the URL, this brings credibility to your post.
- Members are allowed to copy an x-ray or photo posted by another member IF copied within the same thread and used as a tool when contributing to the discussion. However, copying other members’ x-rays or photos from one thread into another thread is not allowed FOR ANY REASON without the permission of the member who originally posted them.
- Within the body of a post, one may use links for educational purposes such as to scientific articles, an educational blog, or product information that is being requested. Please do not use links to Facebook groups or other dental forums. Our Help Section gives instructions on how to embed non- promotional YouTube videos.
Use of Classified Ads
The Website includes a community Classified Ad section. In order to post an ad in this section you will be required to select a user name and password. In order to edit or delete your ad the user must be logged in with the same account information as when the original ad was posted.
Considering the real-time nature and volume of traffic on this website, the administration cannot review ads or confirm the validity of information posted. The administration does not actively monitor the contents of ads posted, is not responsible for any ads posted, does not vouch for or warrant the accuracy, completeness or usefulness of any message or content of ad, and is not responsible for the contents of any ad. Buyer Beware and due diligence is recommended before purchases are made from any classified ad. Any user who feels that any posted ad is objectionable is encouraged to contact the website’s administrator immediately by email. We may in our discretion remove such material, but neither the removal nor the failure to do so shall result in liability to anyone. Because removal is a manual process, removal or editing particular ads may not occur immediately.
You shall not upload, post or email any content or information that (a) is libelous, defamatory, obscene, pornographic, abusive, harassing or threatening, (b) contains viruses or other contaminating or destructive features, (c) violates the rights of others, such as content that infringes any copyright, trademark, patent, trade secret or violates any right of privacy or publicity, (d) offends the community standards of users of the Website (e) interferes with or disrupts the Website, (f) harass another user or (g) otherwise violates any applicable law. You remain solely responsible for the transactions of Classified Ads, and you agree to indemnify and hold Farran Media harmless with respect to any claim based upon transactions of goods sold through the Website. We reserve the right to reveal your identity (or whatever information we know about you) in the event of a formal subpoena arising from any fraudulent act committed by you with regard to a classified ad.
Blog Terms of Use
Farran Media reserves the right to edit, modify or delete a blog or post due to content that violates our terms of use. As the blogger, we expect you to post on a regular basis and we may, from time to time remove blogs that are not being maintained in a way that benefits our members.
If you encounter a blog that you believe violates our content policies, please report it to us using the 'Report Abuse' link located at the top of each blog and within each post.
Limitation of Warranty
Information supplied by our website is provided “as is, as available” and neither Farran Media nor any of the professional participants, including without limitation our doctors and sponsors, make any representation or warranty with respect to the contents of the website or information furnished by them or our agents, employees or representatives and specifically disclaim to the fullest extent permitted by law any and all warranties, express or implied, including, but not limited to, implied warranties of merchantability, completeness, timeliness, correctness, noninfringement, or fitness for any particular use, application or purpose. You hereby also agree that Farran Media, and its subsidiaries, officers, directors, agents and employees, shall not be liable to you for any damages, claims, demands or causes of action, direct or indirect, special, incidental, consequential or punitive, as a result of your use of this website or any information you obtain on it or any other interaction with Farran Media or its subsidiaries. In doing so, you agree that you are waiving voluntarily and unequivocally any liability of Farran Media or its subsidiaries. Because some jurisdictions may not allow limitations on implied warranties or on liability for consequential or incidential damages, these provisions may not apply to you.
Farran Media cannot and does not make any representation or warranty concerning errors, omissions, delays or other defects in the information supplied to others, or that its files are free of viruses, worms, trojan horses or other code that include or manifest contaminating or destructive characteristics. the foregoing is in addition to any other limitations and disclaimers set forth elsewhere in this agreement.
Indemnification
In addition to any other indemnifications by you set forth elsewhere in this agreement, you agree to indemnify and hold harmless Farran Media, its affiliates and their respective officers, directors, agents, and employees from and against any claim, demand, or cause of action, including any (including attorneys fees) arising out of claims based on any aspect of your use of the website, including without limitation, (i) claims based on defamation or other conduct by you in using the website, or (ii) your violation of any intellectual property laws including without limitation those relating to copyright, trademarks or trade secrets.
Miscellaneous
If any clause or provision set forth herein is determined to be illegal, invalid or unenforceable under present or future law, then, in that event, you understand and agree that the clause or provision so determined to be illegal, invalid or unenforceable shall be severable without affecting the enforceability of all remaining clauses or provisions. The application of these provisions, disclosures, terms, conditions and disclaimers and all other matters arising from your use of this Website or of any information you obtain from our Website shall be governed by the laws of the United States of America and the State of Arizona. Any claims, disputes or other controversies relating to or arising from these provisions, disclosures and disclaimers or from your use of this Website or any information you receive from Farran Media shall be brought exclusively in the United States District Court, Arizona District, Maricopa Division or the Circuit Court for Maricopa County, Arizona, and you hereby expressly consent to the exercise of jurisdiction over you by such courts. To the fullest extent permitted by applicable law, each party to this Agreement waives its right to a jury trial with respect to any action brought under or in connection with this Agreement. Any notice to Farran Media shall be given in writing and sent by certified and registered mail to Farran Media, L.L.C, 9633 S. 48th Street Suite 200, Phoenix, AZ 85044 Attn: President, Lorie Xelowski.
This Agreement constitutes your entire agreement with our website(s) and supersedes all prior or contemporaneous communications, proposals or agreements, whether oral or written, between us. You agree that this agreement takes effect on your first use of the Website(s), and that it applies to all persons accessing the Website(s) from your computer. You agree and are obligated to regularly review this Agreement for changes and agree to those changes by continuing to use the Website. Farran Media has the right to amend this Agreement at any time without notice to you by making changes to this Agreement as posted. If any inconsistency exists between the terms of this Agreement and any additional terms and conditions posted on the Website, such terms will be interpreted as to eliminate any inconsistency, if possible, and otherwise, the additional terms and conditions will control.
The headings used in these terms of use are for convenience only and such headings are not to be used in determining the meaning or interpretation of these terms of use.
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising from or out of use of the Website must be filed within one (1) year after such claim or cause of arose.
You acknowledge that the provisions, disclosures and disclaimers set forth in this Agreement are fair and reasonable and your agreement to follow and be bound by them is not the result of fraud, duress or undue influence exercised upon you by any person or entity. A printed version of this agreement will be admissible in any proceeding relating to this Agreement to the same extent as other business documents and records generated and maintained in printed, hard copy form. Notwithstanding any provisions of this Agreement, Farran Media has available all remedies at law or equity to enforce this Agreement. There are no representations, promises, warranties or undertakings by Farran Media contrary to those set forth above.
HIPAA Compliance
To comply with the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”), you agree that you will not submit any information or materials containing Protected Health Information (“PHI”). PHI is information or materials relating to an individual's medical condition or care and from which an individual can be identified. You further agree to indemnify, defend and hold harmless Farran Media and its affiliates and their respective officers, directors, agents and employees from, for and against any claim, demand or cause of action, including payments of reasonable attorneys' fees and costs arising out of or related to any violation of HIPAA or failure to comply with the terms of this section. If Farran Media determines that you have distributed PHI on the Website without de-identifying it as required by HIPAA, it will so notify you and may suspend or terminate your right to access the Website.
I HAVE READ THE FORGOING AGREEMENT AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS.
Updated: June 2023