Terms of Use

Welcome to the Gout Education Society (GES) Terms of Use (“Terms”). These Terms govern your access and use of the website provided by the Gout Education Society, https://gouteducation.org/, (the “Site”) and any services or information offered by GES, including but not limited to educational and informational content related to medical practice and/or approach (collectively, the “Services”). Users will also be able to access educational content via webpages, newsletters, social media, videos, cartoons, brochures, fact sheets, guides, posters, and other media. To utilize and access the Services and Site, you agree to abide by the Terms of Use and Privacy Policy. Please review these Terms carefully.

Please note separate terms are applicable to our Gout Specialists Network.

THESE TERMS CONTAIN AN ARBITRATION CLAUSE AND CLASS ACTION WAIVER. By agreeing to the Terms, you agree to resolve all disputes through binding individual arbitration, which means that you waive any right to have those disputes decided by a judge or jury, and that you waive your right to participate in class actions, class arbitrations, or representative actions. This is explained more in detail in these Terms.

Disclaimer.

The information contained on the Site is presented for the purpose of general information. NOTHING CONTAINED ON THE SITE IS INTENDED TO BE INSTRUCTIONAL FOR MEDICAL DIAGNOSIS OR TREATMENT. All information provided on the Site should not be considered complete, nor should it be relied on to suggest a course of treatment for a particular individual. THIS SITE SHOULD IN NO WAY BE USED IN PLACE OF THE SPECIFIC CONSULTATION OR ADVICE OF A PHYSICIAN OR OTHER QUALIFIED HEALTHCARE PROVIDER. Should you have any health care related questions, please directly call or contact a physician or other qualified healthcare provider promptly.

Users understand that the information provided through this Site is not the responsibility or property of GES and the operators of this Site are not medical professionals, simply information aggregators.

Your Privacy.

You understand that these Terms and the Privacy Policy are a legally binding contract between you, the user (“you(r)” or “user(s))”), and the Gout Education Society (“Us,” “We,” “Our,” “Gout Education Society,” or “GES”). By agreeing to these Terms you also agree to our Privacy Policy.

GES utilizes the services of WordPress.com (“WordPress”), Bluehost Inc. (“Bluehost”), Automattic Inc. (“Automattic”), Endurance International Group (“Endurance”), Constant Contact, Inc. (“Constant Contact”), Twitter, Inc. (“Twitter”), Microsoft Corporation (“Microsoft”), Google LLC (“Google”), Facebook, Inc. (“Facebook”), and other third-party providers that GES may decide to use, at its sole discretion from time to time, to deliver the Services. To use the Services, you may be required to provide personal information such as your name, email address, home address, and phone number, etc., to us, WordPress, Bluehost, Automattic, Endurance, Constant Contact, Twitter, Microsoft, Google, Facebook, and/or other third-party providers (collectively, “Third-Party Service Providers”) we use to deliver the Services. Third-Party Service Providers may hold this information on their servers and GES can see and view some of the information collected. Therefore, each of the Third-Party Service Providers are separately responsible for the personal information received. That means that we cannot be responsible or liable for what any Third-Party Service Provider does with any information received from you. Third-Party Service Providers are solely responsible for the privacy procedures they put in place and what they do with your information.

We also link out to third-party content and sites. We are not responsible for the terms or privacy policies of those parties or sites and therefore you are responsible for reviewing such terms and privacy policies applicable to their services or sites.

We reserve the right, in our sole discretion, to change or modify portions of these Terms or the Privacy Policy at any time without further notice. You should periodically visit this page to review the current Terms so you are aware of any revision to which you are bound. If you do not agree to abide by these or any future Terms or Privacy Policies, do not use or access (or continue to use or access) the Services.

Use of Services.

This Site may not be used by individuals under the age of majority in their state and in no event shall persons under the age of 13 use or contact individuals through the Site. By using our Services, you warrant and represent that you have reached the age of majority in your state.

GES reserves the right at any time to modify or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice. Users agree that GES shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Services. GES also reserves the right to terminate your access to the Services at any time, and without prior notice, with or without reason. However, your use of the Services will be suspended indefinitely if you violate any of the Terms outlined herein. Termination of access does not limit any of GES’s rights or remedies in law or in equity.

We grant you a limited, non-exclusive, non-transferable, and revocable license to use our Services. The Services, and any content viewed through our Site and Services, is solely for your personal and non-commercial use unless you receive separate written authorization from GES. You must comply with the following at all times:You will only use the Services for lawful purposes and in a way that does not infringe upon the rights of any others, including intellectual property rights;You will not use the Services in a way that restricts or inhibits the use and enjoyment of the Services by any other user or third-party;You will not post or communicate offensive, obscene, vulgar, distressful, libelous, false, or defamatory language on the Site or through the Services;You will not violate any of these Terms;You will not steal, reverse engineer, and/or attempt to obtain source code, or illegally harvest any other aspects of the Services;You will not do anything to interfere with the proper functioning of the Services, including, but not limited to, planting viruses, harming systems, etc.; andYou will follow all GES Policies and Terms.

You acknowledge that GES and its developers reserve and shall have the right (but not the obligation) in their sole discretion to refuse, move, edit, or delete any content that is available via the Site.

You acknowledge and agree that GES may preserve Content if required to do so by law or in the belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce this Term of Use agreement; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of GES, and any of its employees, Board, agents, contractors, and assigns, its users and the public.

Content Ownership.

Intellectual property, including copyrights, patents, trademarks and other property or proprietary rights (registered and unregistered), located in and on this Site are protected under U.S. and international intellectual property laws, including, but not limited to trademark, patent, copyright, etc., whether or not registered. Users therefore agree not to sell, rewrite, modify, redistribute, creative derivative works, or charge for any of the information provided on the Site without written permission from the owner of such works. All GES logos, designs and content are the property of GES.

Users may only use the content on the Site and made available through the Site for informational purposes only and may not use the information or content for any commercial purpose. GES permits users to use content and information owned by GES or provided for noncommercial, informational purposes, unless otherwise provided, which do not harm the reputation of the GES provided that the user does not remove any trademarks, copyright and any other notice contained in such content. This allowance is limited by any additional restrictions placed on such content and/or content that is not owned by GES (such as content offered on the website by third parties).

To notify GES of alleged copyright or trademark infringement on the Site, send a notice to the email address shown below. Please provide ALL of the following information (as required by 17 U.S.C. §512(c)(3)):A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works;Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit GES to locate the material;Information reasonably sufficient to permit GES to contact you, such as your name, mailing address, telephone number, and email address;This statement: “I have a good faith belief that use of the material in the manner complained of is not authorized by the material’s owner, or its agent, or the law.”; andA statement that the information in the notification is accurate and that the signatory to the notice has the authority to enforce the rights that are the subject of the infringement claim.Upon receipt of the above information, GES will promptly investigate and take appropriate action, then notify you of that action at the contact address provided.

Designated Agent for Notification of Claimed Copyright Infringement:

info@GoutEducation.org

(412) 456-4300

Errors, Inaccuracies, and Omissions.

Occasionally there may be information on our Site or in the Services that contains typographical errors, inaccuracies, or omissions that may relate to Service descriptions, medical information, or content displayed on the Website. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information if any information in the Service or on any related website is inaccurate at any time without prior notice.

We undertake no obligation to update, amend, or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

Third-Party Links.

Certain content and Services available via our Service may include materials and links to/from third-party websites for informational purposes.

Third-party links on this Site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products or services of third parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions or reliance made in connection with any third-party websites or products. Please review carefully the third party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns or questions regarding third-party services or products should be directed to the third party.

Linking to Content.

The GES encourages and permits text links to content on the GES website, www.GoutEducation.org, provided: (a) any text-only link must clearly be marked “the Gout Education Society;” (b) the appearance, position and other aspects of either the link or the host website may not be such as to damage or dilute the goodwill associated with GES’s name and GES trademarks; (c) the appearance, position and other aspects of either the link or the host website may not create the false appearance that an entity other than GES is associated with or sponsored by GES; (d) the link, when activated by a user, must display the Site(s) full-screen and not with a “frame” on the linked website; and (e) GES reserves the right to revoke its consent to the link at any time in its sole discretion.

Links to the GES by any third party shall be deemed as only for reference and shall not be interpreted as an endorsement by GES and its Board members, successors, officers, or assigns.

User Communications.

If you submit written content, communications, or other materials, whether online, by email, by postal mail, or otherwise (collectively, “Communications”), you understand that these communications are not confidential and may be seen by any staff of GES.

If applicable, we may, but have no obligation to, monitor, edit, or remove content that we determine in our sole discretion violates any party’s intellectual property or these Terms. You are solely responsible for any Communications you make and their accuracy. We take no responsibility and assume no liability for any Communications posted by you or any third party.

Compliance.

In addition to our Terms and Privacy Policy, and any other current or future applicable policy, all users agree to abide by all applicable laws and regulations pertaining to the use of Services and content.

Termination.

GES reserves the right to terminate any user’s access to the Site if GES believes a user has violated any of the provisions of these Terms of Use or for any reason GES determines such termination to be necessary. Discretion to terminate a user’s access lies solely with GES.

Disclaimer of Warranties.

THIS SITE AND SERVICES ARE PROVIDED “AS IS.” GES MAKES NO WARRANTIES OF ANY KIND AND EXPRESSLY DISCLAIMS ANY WARRANTIES REGARDING THE SITE, INCLUDING BUT NOT LIMITED TO, ANY WARRANTIES OF ACCURACY, COMPLETENESS, CURRENCY, RELIABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ACCESSIBILITY, OR ANY WARRANTY THAT THIS SITE IS FREE OF VIRUSES OR ANY OTHER SUCH HARMFUL ELEMENTS. YOU USE THESE SERVICES AT YOUR OWN RISK. INFORMATION AND OPINIONS RECEIVED VIA THE SITE SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL, OR FINANCIAL DECISIONS, AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.

GES DOES NOT REPRESENT OR WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT ANY DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE ARE FREE FROM VIRUSES OR ANYTHING ELSE HARMFUL. FURTHER, EXCEPT AS EXPRESSLY SET FORTH IN THESE TERMS OF USE, GES MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY, ADEQUACY, USEFULNESS, RELIABILITY, OR COMPLETENESS OF THE SITE, CONTENT, THE CONTENT OF ANY THIRD-PARTY WEBSITE LINKED TO OR FROM THIS SITE, OR ANY OTHER ITEMS OR MATERIALS ON THE SITE OR LINKED TO FROM THE SITE.

GES ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (A) ERRORS, MISTAKES OR INACCURACIES OF THE CONTENT, INFORMATION, SITE AND MATERIALS SET FORTH ON OR MADE AVAILABLE THROUGH THE SITE, (B) RELIANCE, PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF THE SITE, OR ANY THIRD-PARTY WEBSITE(S), (C) ANY UNAUTHORIZED ACCESS TO OR USE OF THE SERVERS THAT HOST THE SITE OR ANY THIRD-PARTY WEBSITE(S) AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN, (D) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE OR THIRD-PARTY WEBSITE(S), (E) ANY BUGS, VIRUSES, TROJAN HORSES OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE OR ANY THIRD-PARTY WEBSITE(S) BY GES OR ANY THIRD-PARTY, AND/OR (F) ANY ERRORS OR OMISSIONS IN THE NETWORK OR ANY CONTENT, INFORMATION AND MATERIALS (INCLUDING BUT NOT LIMITED TO THIRD-PARTY WEBSITE(S)) OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY OF THE FOREGOING.

If any jurisdiction does not allow for any of the above disclaimers, then this section shall remain enforceable to the fullest extent allowed by the applicable laws.

Limitations of Liability.

UNDER NO CIRCUMSTANCES SHALL GES BE LIABLE FOR ANY DIRECT, INDIRECT, ACTUAL, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES INCLUDING, BUT NOT LIMITED TO, DAMAGES OR INJURY CAUSED BY OR ATTRIBUTABLE TO ANY LOSS OF DATA, LOSS OF BUSINESS, BUSINESS INTERRUPTION, LOSS OF PROFITS, LOSS OF USE, PAIN AND SUFFERING, MEDICAL CLAIMS, ETC. ARISING OUT OF THE USE OR INABILITY TO USE THE SITE, ERRORS AND/OR OMISSIONS, RELATIONSHIPS FORMED, MEDICAL ADVICE PROVIDED BY GES NETWORK PARTICIPATING DOCTORS, ETC. RELATED TO THE SITE, MATERIALS OR INFORMATION ON THE SITE (OR WEBSITES LINKED TO THE SITE), EVEN IF GES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, STRICT LIABILITY, NEGLIGENCE, OR ANY OTHER CAUSE OF ACTION. If you are in a jurisdiction in which limitations on consequential and other damages are limited, the prohibited limitations shall not apply to you. However, the remainder shall be applicable.

All users agree that you will indemnify and hold harmless GES, and its Board, employees, agents, affiliates, subsidiaries, and contractors, from and against all claims arising out of or related to your access, use, or inability to access or use, errors and/or omissions, or relationships formed through this Site or the information contained in this Site or other websites to which it is linked, including but not limited to, information or materials, uploaded, posted, viewed or downloaded from this Site or another website to which it is linked. In no event will GES or the contributors of information to this Site be liable to you or anyone else for any decision made or action taken by you in reliance on such information.

Disputes.

The formation, construction, and performance of these Terms (and all other agreements incorporating this agreement by reference) must be construed in accordance with the laws of the United States and the Commonwealth of Pennsylvania without regard to their choice of law rules. The parties agree that any dispute arising out of or relating to these Terms must be submitted to confidential binding arbitration in Allegheny County, Pennsylvania, except that GES may seek injunctive or other appropriate relief in any state or federal court in Pennsylvania if you have violated or threatened to violate the intellectual property rights of GES or a third-party. The parties agree that:

  1. the arbitration will be provided by an alternative dispute resolution provider mutually agreed upon by the parties, and if the parties cannot agree, then through the American Arbitration Association (“AAA”);
  2. any judgment on the award rendered by the arbitrator is final, binding, and may be entered in any court of competent jurisdiction.
  3. c. If any action or claim is filed in contravention of the arbitration rules provided in this Section, the parties agree to personal jurisdiction and venue in the state and federal courts of Allegheny County, Pennsylvania, and both waive the right to a jury trial. All claims filed or brought contrary to this Section are improperly filed, and the non-filing party is entitled to recover all attorneys’ fees and costs relating to dismissal of the improperly filed claim incurred after the non-filing party has given notice in writing of the improperly filed claim.

GES AND USERS MUTUALLY AGREE THAT BY ENTERING INTO THIS AGREEMENT TO ARBITRATE, BOTH WAIVE THEIR RIGHT TO HAVE ANY DISPUTE OR CLAIM BROUGHT, HEARD, OR ARBITRATED AS A CLASS ACTION, COLLECTIVE ACTION, AND/OR REPRESENTATIVE ACTION, AND THE ARBITRATOR SHALL NOT HAVE ANY AUTHORITY TO HEAR OR ARBITRATE ANY CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION (“CLASS ACTION WAIVER”). Notwithstanding any other clause contained in these Terms or the AAA Rules, any claim that all or part of this Class Action Waiver is unenforceable, unconscionable, void or voidable may be determined only by a court of competent jurisdiction and not by an arbitrator. In any case in which (1) the dispute is filed as a class, collective, representative or private attorney general action and (2) there is a final judicial determination that all or part of the Class Action Waiver is unenforceable, the class, collective, representative and/or private attorney general action to that extent must be litigated in a civil court of competent jurisdiction, but the portion of the Class Action Waiver that is enforceable shall be enforced in arbitration.

No Endorsement.

You acknowledge that the opinions and recommendations contained in this Site are not necessarily those of GES or endorsed by GES or any of its sponsors. GES may provide links on the Site to other websites which are not under the control of GES. In general, any website which has an address (or URL) or link that does not contain “GoutEducation.org” is such a website. These links are provided for convenience of reference only.

Miscellaneous.

  • Termination. As stated above, we can terminate a User’s use of the Services at any time. If a User no longer wishes to use the Services, they should cease all activity on the Site.
  • Entire Agreement. These Terms (along with any other policies related to the Services) is the entire agreement between the parties and replaces all prior oral and written agreements. No oral modifications, express or implied, may change the terms of these Terms.
  • Relationship of Parties. These Terms and other policies relating to the Services do not constitute a joint venture, partnership, agency, employment or fiduciary relationship between the parties.
  • Successors, Assignment, and Delegation. These Terms carry over and continue to the benefit of, and bind, the successors, assigns, heirs, executors and administrators of the parties. However, you may not assign or delegate any right or duty under these Terms without written consent from GES. Any attempt to do so is null and void. If there is an involuntary assignment, then GES may reasonably request documentation from your successors or estate to prove that an involuntary assignment of your rights under these Terms has actually taken place.
  • Means of Notice. Written notices and other communications described herein may be made electronically and are effective when sent or published, except as otherwise provided in these Terms. You guarantee that the information provided to us is accurate and hereby waive all rights or objections relating to not having received notices from GES because of incorrect or incomplete information.
  • Enforceability and Severability. If any provision of these Terms is held invalid or unenforceable, the remainder of these Terms will remain in full force and effect. If any provision is held invalid or unenforceable with respect to particular circumstances, it will remain in full force and effect in all other circumstances.
  • Waivers. Waivers are only effective when in writing. If GES waives enforcement of any term of this agreement, later breaches of the same or other terms are not considered waived.
  • Interpretation Rules. “Or” when used in a group of phrases or nouns intends to include any combination of all or any of the items in the group, and not merely one member or the other of such a group. When “includes” or “including” begins a list of items, the list is not exclusive. All headings used in these Terms are for convenience only and are not to be taken into account when interpreting the meaning of any term of these Terms.
  • Reservation. GES reserves all rights not expressly granted in these Terms.
  • No Third-Party Beneficiaries. These Terms do not and are not intended to confer any rights or remedies upon any person(s) other than the parties.
  • Retroactive Application. You agree that your acceptance of this version of these Terms and all other agreements incorporated by reference apply retroactively to your use of the Services prior to the effective date of these Terms.

Last revised January 2021.

Any questions regarding this policy shall be directed to:

info@GoutEducation.org

(412) 456-4300