Terms of Use
Please read these terms and conditions of use carefully before using this site. You must indicate acceptance of these terms and conditions in order to access the site.
Index
- No Intended Medical Advice
- Children's Privacy
- Use of Site Content
- Liability of Sanare and Its Licensors
- User Submissions
- User Media Submissions – Image, Video, Audio files
- Passwords
- Sanare Community and Member to Member Areas ("Public Areas")
- Advertisements, Search and Links to Other Sites
- Indemnity
- General
- Jurisdiction
- Notice and Take Down Procedures, Copyright Agent
- Complete Agreement
This Site Is Not Intended To Provide Medical Advice.
The contents of the Brightsky Website (including, but not limited to, text, graphics, images, data, software, music, sound, photographs, videos, messages, tool, information obtained from Sanare's licensors, and all other material) (the "Content") are for educational and entertainment purposes only. Sanare makes no representations, guarantees, or warranties about the accuracy, completeness, reliability, timeliness, integrity, quality, or appropriateness of any of the Content on the Brightsky Website. Accordingly, the Content is not intended to be a substitute for professional medical advice, diagnosis, or treatment and you should not use any portion of the Brightsky Website as a substitute for professional medical advice, diagnosis, or treatment. You should always seek the advice of your physician or other qualified health provider with any questions regarding a medical condition or concern.
If you think you may have a medical emergency, call your doctor or 911 immediately. Sanare does not recommend or endorse any specific tests, physicians, products, procedures, opinions, or other information that may be mentioned in this Website. Reliance on any information provided by Sanare, Sanare employees, others appearing on this Site at the invitation of Sanare, or other visitors to the Site is solely at your own risk.
This Site may contain health– or medical–related materials that may be sexually explicit. Please view the content at your own discretion.
Children's Privacy
We are committed to protecting the privacy of children. This Site is not intended or designed for persons under the age of 13. Sanare will not intentionally collect personally identifiable information from any person under the age of 13 without parental or guardian permission
Use of Site Content
The Content of the Brightsky Website is protected by copyright under both United States and foreign laws. Ownership of the Content remains with Sanare 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, patent, and other laws. Except as provided herein, no part of the Content may be copied, reproduced, transmitted, displayed, performed, distributed, sublicensed, altered, stored for subsequent use, or otherwise used in whole or in part in any manner without Sanare's prior written consent. Site Content and features are subject to change or termination without notice in the editorial discretion of Sanare. All rights not expressly granted herein are reserved to Sanare and its licensors.
You may download a single copy of the material on the Brightsky Website solely for your personal, noncommercial use by including the following copyright notice: "Copyright ©2009, Sanare, LLC. All rights reserved" and/or any other copyright and proprietary rights notices contained in the Content. Any special rules for the use of certain software and other items accessible on the Brightsky Website may be included elsewhere within the Site and are incorporated into these Terms and Conditions by reference.
If you violate any of these Terms and Conditions, your permission to use the Site Content automatically terminates and you must immediately destroy any copies you have made of any portion of the Site Content.
Liability of Sanare and Its Licensors
Use of the Brightsky Website and the Content is at your own risk.
When using the Brightsky Website, information will be transmitted over a medium that may be beyond the control and jurisdiction of Sanare and its suppliers. Accordingly, Sanare 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 Brightsky Website.
The Brightsky Website and the Content are provided on an "as is" basis. SANARE, ITS LICENSORS, AGENTS, AND 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 A PARTICULAR PURPOSE.
Without limiting the foregoing, Sanare, its licensors, and its suppliers make no representations or warranties about the following:
The accuracy, completeness, reliability, timeliness, integrity, quality, or appropriateness of the Content or communications provided on or through the use of the Brightsky Website or Sanare.
The satisfaction of any government regulations requiring disclosure of information on prescription drug products or the approval or compliance of any software tools with regard to Content.
IN NO EVENT SHALL SANARE, ITS LICENSORS, ITS SUPPLIERS OR ANY THIRD PARTIES MENTIONED ON THE BRIGHTSKY WEBSITE 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 BRIGHTSKY WEBSITE OR THE CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY AND REGARDLESS WHETHER SANARE, ITS LICENSORS, ITS SUPPLIERS OR ANY THIRD PARTIES MENTIONED ON THE BRIGHTSKY WEBSITE ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SANARE, ITS LICENSORS, ITS SUPPLIERS OR ANY THIRD PARTIES MENTIONED ON THE BRIGHTSKY WEBSITE ARE NOT LIABLE FOR ANY PERSONAL INJURY, INCLUDING DEATH, CAUSED BY YOUR USE OR MISUES OF THE WEBSITE, ITS CONTENT OR PUBLIC AREAS (AS DEFINED BELOW).
User Submissions
Any personal information you submit to Sanare is governed by the Sanare Privacy Policy. To the extent there is an inconsistency between this Agreement and the Sanare Privacy Policy, this Agreement shall govern.
You agree that you will not upload or transmit any communications or content of any type to the Public Areas (including blogs, message boards, Ask Our Expert postings, user reviews of drug information, etc.) that infringe or violate any rights of any party. By submitting communications or content to the Public Areas, you agree that such submission is non–confidential for all purposes.
If you make any such submission you agree that you will not send or transmit to Sanare 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 Sanare by email, you agree such submission is non–confidential for all purposes.
If you make any submission to a Public Area or if you submit any business information, idea, concept or invention to Sanare by email, you automatically grant (or warrant that the owner of such content or intellectual property has expressly granted) to Sanare a royalty–free, perpetual, irrevocable, world–wide nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, and display the communication or content in any media or medium or in any form, format, or forum now known or hereafter developed. Sanare 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 to Sanare by email. We try to answer every email in a timely manner, but are not always able to do so.
You agree to indemnify and hold Sanare, its directors, officers, agents, subsidiary organizations, partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of any material or other item that you submit to the Public Areas or to Sanare by email.
User Media Submissions — Image, Video, Audio Files
You agree to post or upload only Media (such as photos, videos or audio) that you have taken yourself or that you have all rights to transmit and license and that 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 (such as 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 Brightsky Website, 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 the other person's explicit permission.
It is strictly prohibited to upload media of any kind that contains expressions of hate or abuse, offensive images or conduct, obscenity, pornography, or sexual explicitness or that contains 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 Sanare Advertising Policy and the Sanare 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 Website.
Whenever you upload any media–like a photo or video, you automatically: (1) grant to Sanare a perpetual, non–exclusive, worldwide, royalty–free license to use, copy, print, display, reproduce, modify, publish, post, transmit and distribute the media and any material included in the media; (2) certify that any person pictured in the submitted media (or, if a minor, his/her parent/legal guardian) authorizes Sanare to use, copy, print, display, reproduce, modify, publish, post, transmit, and distribute the media and any material included in such media; and (3) agree to indemnify Sanare 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 the terms described in this document.
Sanare 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 its sole discretion
Passwords
Sanare 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 Sanare passwords or accounts. It is your sole responsibility to (1) control the dissemination and use of activation codes and passwords; (2) authorize, monitor, and control access to and use of your Sanare account and password; and (3) promptly inform Sanare of any need to deactivate a password. You grant Sanare 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. Sanare cannot and does not assume any responsibility or liability for any information you submit or for your or any third parties' use or misuse of information transmitted or received using Sanare tools and services.
Sanare Community and Member to Member Areas ("Public Areas")
If you use a Public Area, such as message boards, blogs, Ask Our Expert, User Reviews or other member communities, 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. Sanare and its licensors are not responsible for the consequences of any communications in the Public Areas. If 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, you agree NOT to engage in any of the following actions and you agree further that engaging in any of the following actions shall constitute a material breach of these Terms and Conditions:
- Using a Public Area for any purpose in violation of local, state, national, or international laws;
- Posting material that infringes on the intellectual property rights of others or on the privacy or publicity rights of others
- Posting material that is unlawful, obscene, vulgar, pornographic, defamatory, libelous, slanderous, threatening, harassing, abusive, hateful, harmful, invasive of another's privacy, or embarrassing to any other person or entity as determined by Sanare in its sole discretion;
- Posting advertisements or promotions for or solicitations of business;
- After receiving a warning, continuing to disrupt the normal flow of dialogue, or posting comments that are not related to the topic being discussed (unless it is clear the discussion is free–form);
- Posting chain letters or pyramid schemes;
- Impersonating another person;
- Distributing viruses or other harmful computer code or doing anything that infringes the ability of others to use the site as intended;
- Harvesting or otherwise collecting personal information about others, including email addresses;
- Allowing any other person or entity to use your identification for posting or viewing comments
- Posting the same note more than once or "spamming";
- Posting "junk mail," "chain letters," or "pyramid schemes"
- Engaging in any other conduct that restricts or inhibits any other person from using or enjoying the Public Area or the Site, or which, in the judgment of Sanare, exposes Sanare or any of its customers or suppliers to any liability or detriment of any type.
Sanare reserves the right, in its sole discretion, to take any or all of the following actions:
- Record the dialogue in Public Areas.
- Investigate an allegation that a communication does not conform to these Terms and Conditions and determine in its sole discretion to remove or request the removal of the communication.
- Remove communications that fail to conform to these Terms and Conditions.
- Terminate a user's access to any or all Public Areas and/or the Brightsky Website upon any breach of these Terms and Conditions.
- Monitor, edit, or disclose any communication in the Public Areas.
- Edit or delete any communication posted on the Brightsky Website, regardless of whether the communication violates these standards.
Sanare and its licensors have no liability or responsibility to users of the Brightsky Website or to any other person or entity for performance or nonperformance of the aforementioned activities.
Advertisements, Searches, and Links to Other Sites
Sanare may provide links to third–party websites. Sanare may also select certain sites as priority responses to search terms you enter and Sanare may agree to allow advertisers to respond to certain search terms with advertisements or sponsored content. Regardless of these actions, Sanare does not recommend and does not endorse the content on any third–party websites. Sanare is not responsible for the content of linked third–party sites, sites framed within the Brightsky Website, third–party sites provided as search results, or third–party advertisements, and Sanare makes no representations regarding the content or accuracy of those websites. Your use of third–party websites is at your own risk and subject to the terms and conditions of use for those sites. Sanare does not endorse any product, service, or treatment advertised on the Brightsky Website.
Indemnity
You agree to defend, indemnify, and hold Sanare, 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, your violation of these Terms and Conditions.
General
Sanare is based in Reno, NV, in the United States of America with principal offices in Miami, FL and Warren, MI.. Sanare makes no claims that Sanare, Sanare Health Manager, or any Site within the Sanare Network and the Site Content are appropriate or may be downloaded outside of the United States. Access to the Site Content may not be legal by certain persons or in certain countries. If you access the Sanare Network from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.
If for any reason these Terms and Conditions shall expire or terminate, the following provisions shall nonetheless survive: Liability; User Submissions; User Submissions – Image, Video, Audio Files; Indemnity; Jurisdiction; and Complete Agreement.
Jurisdiction
You expressly agree that exclusive jurisdiction for any dispute with Sanare or for anything that in any way relates to your use of the Brightsky Website, resides in the courts of the State of Nevada. You further agree and expressly consent to the exercise of personal jurisdiction in the courts of the State of Nevada in connection with any such dispute including any claim involving Sanare 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 Nevada, 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.
Notice and Takedown Procedures, and Copyright Agent
If you believe any materials accessible on or from the Site infringe upon your copyright, you may request removal of those materials (or access thereto) from this website by contacting Sanare's copyright agent (identified below) and providing the following information:
- Identification of the copyrighted work that you believe to be infringed. Please describe the work, and where possible include a copy or the location (e.g., URL) of an authorized version of the work.
- Identification of the material that you believe to be infringing and its location. Please describe the material, and provide us with its URL or any other pertinent information that will allow us to locate the material.
- Your name, address, telephone number and (if available) e–mail address.
- A statement that you have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent, or the law.
- A statement that the information that you have supplied is accurate, and indicating that "under penalty of perjury," you are the copyright owner or are authorized to act on the copyright owner's behalf.
- A signature or the electronic equivalent from the copyright holder or authorized representative.
Sanare's agent for copyright issues relating to this web site is as follows:
Sanare, LLC
Attn: Office of Privacy
89 NE 27th Street
Miami, FL 33137
copyright@sanare.com
Or call: 305–438–9696
In an effort to protect the rights of copyright owners, Sanare maintains a policy for the termination, in appropriate circumstances, of subscribers and account holders of the Site who are repeat infringers.
Complete Agreement
Except as expressly provided in a particular "legal notice" on the Brightsky Website, these Terms and Conditions and the Sanare Privacy Policy constitute the entire agreement between you and Sanare with respect to the use of the Brightsky Website and Site Content.
Thank you for your cooperation. We hope you find the brightsky.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: Sanare, LLC, Office of Privacy, 89 NE 27th Street, Miami, FL 33137
Sanare Health Manager
Questions or comments regarding the Sanare 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 Sanare, LLC, 6160 Plumas Street, Reno, NV We try to answer every email in a timely manner but due to volume may not always be able to do so.
