Terms of Use:
This site is independently owned and operated and not affiliated with the George Washington University, George Washington University Hospital, or Medical Faculty Associates. All information on this site is the opinion of the author alone and in no way should be seen to represent the views of the George Washington University, George Washington University Hospital, or Medical Faculty Associates. The information on this page is for personal use only and should not be see as medical advice or used directly for patient care. The author provides no guarantee of the accuracy of the information provided on this page.
1. Acceptance of Agreement
By accessing, using or browsing TraumaYellow (the Site), you agree to be bound by these Terms of Use and to comply with all applicable laws and regulations. The author reserves the right, in its sole discretion, to change, add or modify any portion of these Terms of Use at any time by posting new Terms of Use on the Site. Your continued use of the Site after such changes are posted will constitute your agreement to such changes. If you do not agree with any of these terms or changes to the Terms of Use, please do not use the Site.
2. Modifications to the Site
The author reserves the right, for any reason, in his/her sole discretion, to terminate, suspend or change any aspect of the Site including but not limited to content, features or hours of availability. The author may impose limits on certain features of the Site or restrict your access to part or all of the Site without notice or penalty.
3. User Conduct
You are solely responsible for the content and context of any materials you post or submit through the Site. You warrant and agree that while using the Site, you will not upload, post, transmit, distribute or otherwise publish through the Site any materials which: (a) are unlawful, threatening, harassing, libelous, defamatory, pornographic or profane; (b) restrict or inhibit any other user from using or enjoying the Site; (c) constitute or encourage conduct that would constitute a criminal offense or give rise to civil liability; or (d) contain a virus or other harmful component, advertising of any kind, or false of misleading indications or origin or statements of fact.
4. Intellectual Property
You acknowledge and agree that all content and materials available on the Site, including but not limited to the Trauma Yellow name and logos, are protected by intellectual property and other laws. The author exclusively owns all worldwide right, title and interest in and to all documentation, software, contents, graphics, designs, data, computer codes, ideas, know-how, “look and feel,” compilations, magnetic translations, digital conversions and other materials included within the Site and related to the Site, and all modifications and derivative works thereof, and all intellectual property rights related thereto. Except as expressly authorized by the author, any use, copy, reproduction, display, performance, modification or transmission is strictly prohibited. Notwithstanding the above, you may download one copy of the content and materials on the Site on any single computer for your personal non-commercial use, provided you do not: (a) modify or copy the materials; (b) use the materials for any commercial purpose or for any public display (commercial or noncommercial); (c) attempt to decompile or reverse engineer any software contained on the Site; (d) remove any copyright or other proprietary notations from the materials; (e) transfer the materials to another person; or (f) "mirror" the materials on any other server. This license shall automatically terminate if you violate any of these restrictions.
5. User Submissions
Any information, data, material, comments, opinions, suggestions, remarks, ideas, concepts or other information you transmit or post to the Site ("Submitted Information") will be considered non-confidential and non-proprietary. The author will have no obligations to you with respect to the Submitted Information, and may, at its option and without compensation to you, disclose, distribute, copy, incorporate, or otherwise use the Submitted Information for any and all commercial and non-commercial purposes.
6. User Accounts
You agree that you will provide accurate information when creating an account on the Site, and that you will keep your account information up-to-date. You are solely responsible for protecting the confidentiality of your password and may not disclose your password to any other person. In the event that an unauthorized user gains access to the password-protected area of the Site as a result of your acts or omissions, you agree that you shall be liable for any such unauthorized use.
7. LIMITATION OF LIABILITY
IN NO EVENT SHALL OPI BE LIABLE FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES THAT ARE DIRECTLY OR INDIRECTLY RELATED TO THE USE OF, OR INABILITY TO USE, THE SITE OR THE CONTENT, MATERIALS AND FUNCTIONS RELATED THERETO EVEN IF THE AUTHOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO CERTAIN USERS. IN NO EVENT SHALL THE AUTHOR'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING BUT NOT LIMITED TO NEGLIGENCE) ARISING FROM THIS AGREEMENT OR YOUR USE OF THE SITE EXCEED ONE HUNDRED DOLLARS ($100.00) IN THE AGGREGATE.
8. Indemnification
You agree to defend, indemnify and hold the author, and his/her successors and assigns harmless from and against any and all claims, losses, damages, liabilities, costs and expenses (including reasonable attorneys' fees) incurred or suffered by them in connection with any claim arising out of or related to: (a) your use of the Site; (b) your breach or violation of these Terms of Use; (c) your dispute with another user; or (d) the unauthorized access to any password-protected area of the Site using your password. OPI reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you shall not in any event settle or otherwise dispose of any matter without the prior written consent of the author.
12. Termination
These Terms of Use constitute a binding agreement between you and the author until terminated by you or the author, which the author may do at any time, without notice, in his/her sole discretion. If you become dissatisfied with the Site, your only recourse is to immediately discontinue use of the Site.
13. Linking Restrictions
You may provide a hypertext link to the Site on another website, provided that: (a) the appearance, position and other aspects of the link may not be such as to damage or dilute the goodwill associated with Trauma Yellow's name, and; (b) the appearance, position and other aspects of the link may not create the false impression that an entity is associated with or sponsored by Trauma Yellow; (c) when activated by a user, the link must display the Site full-screen and not within a "frame" on the linked website; and (d) Trauma Yellow reserves the right to revoke its consent to the link at any time in its sole discretion.
14. Notices
Except as explicitly stated otherwise, any notices shall be given by email to the author at evan.kuhl@gmail.com or to you at the email address you provide to Trauma Yellow. Notice shall be deemed given 24 hours after the email is sent, unless the sending party is notified that the email address is invalid.
16. General Provisions
If any provision of these Terms of Use is held to be invalid or unenforceable by a court of competent jurisdiction, then such provision shall be enforced to the maximum extent possible so as to effect the intent of these Terms of Use, and the remainder of the Terms of Use shall continue in full force and effect. The failure by either you or Trauma Yellow to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. You agree that any cause of action arising out of or related to the Site or these Terms of Use must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred. This agreement comprises the entire agreement between you and Trauma Yellow, and supersedes all prior agreements between the parties regarding the subject matter contained herein. All provisions in these Terms of Use regarding representations and warranties, indemnification, disclaimers, and limitation of liability shall survive the termination of these Terms of Use.