So begins the verbose disclaimer:
This Terms of Use Agreement (this “Agreement”) is entered into by and between Maria Yang (the “Author”) and “you,” the user of this web blog, also known as the “mariayang.org” (the “Site”). Access to, use of and/or browsing of the Site is provided subject to the terms and conditions set forth herein. By accessing, using and/or browsing the Site, you hereby agree to these terms and conditions.
This agreement contains warranty disclaimers and other provisions that limit the Author’s liability to you. Please read these terms and conditions carefully and in their entirety, as using, accessing, and/or browsing the site constitutes acceptance of these terms and conditions. If you do not agree to be bound to each and every term and condition set forth herein, please exit the site immediately and do not use, access, and/or browse the site.
By entering the site, you acknowledge and agree that you have read and understand these terms and conditions, that the provisions, disclosures, and disclaimers set forth herein are fair and reasonable, and that your agreement to follow and be bound by these terms and conditions is voluntary and is not the result of fraud, duress, or undue influence exercised upon you by any person or entity.
The Author provides the Site and the services, information, content and/or data (collectively, “Information”) contained therein for informational purposes only. The Author does not provide any medical advice on the Site, and the Information should not be so construed or used. Using, accessing and/or browsing the Site and/or providing personal or medical information to the Author does not create a physician-patient relationship between you and the Author. Nothing contained in the Site is intended to create a physician-patient relationship, to replace the services of a licensed, trained physician or health professional or to be a substitute for medical advice of a physician or trained health professional licensed in your state. You should not rely on anything contained in the Site, and you should personally consult a physician licensed in your state in all matters relating to your health. You hereby agree that you shall not make any health or medical related decision based in whole or in part on anything contained in the Site.
Unless indicated otherwise, all characters appearing in stories told on this Site are fictitious. Any resemblance to real persons, living or dead, is purely coincidental. While some of the stories told within may be based on true events, the Author has significantly altered event details to protect the confidentiality for all involved.
You hereby acknowledge that nothing contained in the Site shall constitute financial, investment, legal and/or other professional advice and that no professional relationship of any kind is created between you and the Author. You hereby agree that you shall not make any financial, investment, legal and/or other decision based in whole or in part on anything contained in the Site.
The opinions expressed in the Site are the opinions of the Author, and of the Author alone. They do not reflect the opinion of her employers or supervisors; they also do not represent the views of the organizations, businesses, or institutions the Author belongs to. The Site is created by the Author in the Author’s individual capacity, is the Author’s personal web site, is not edited by the Author’s employer(s) and, as a result, may not be attributed to the Author’s employer.
Any opinions of the Author on the Site are or have been rendered based on specific facts, under certain conditions, and subject to certain assumptions, and may not and should not be used or relied upon for any other purpose, including, but not limited to, for use in or in connection with any legal proceeding. Context matters.
This Site is written entirely in English. The content of this Site is not intended to cause harm. Disagreement with the content of the Site does not constitute sufficient grounds for you to ask the Author to remove or modify any parts of this Site. The Author is not being paid to write content, manage, or in any way operate this Site.
The Information may be changed without notice and is not guaranteed to be complete, correct, timely, current or up-to-date. Similar to any printed materials, the Information may become out-of-date. The Author undertakes no obligation to update any Information on the Site; provided, however, that the Author may update the Information at any time without notice in the Author’s sole and absolute discretion. The Author reserves the right to make alterations or deletions to the Information at any time without notice.
To the extent links and external content are based on or displayed in connection with the Site, the Author shall not have any liability in connection with the display of such links and search results, whether this external content is breaking the law in this or other jurisdictions. The inclusion of links and external content does not constitute an endorsement, guarantee, warranty, or recommendation of, and the author makes no representations and/or warranties about, any product or service contained therein.
The Information made available at the Site is provided on an “as is” and “as available” basis without warranties of any kind, either express or implied, including, without limitation, warranties of title, noninfringement, and implied warranties of merchantability or fitness for a particular purpose. Without limiting the generality of the foregoing, the Author makes no warranty, representation or guarantee as to the content, sequence, accuracy, timeliness or completeness of the Information, that the Information may be relied upon for any reason or that the Information will be uninterrupted or error free or that any defects can or will be corrected.
Without limiting the generality of the foregoing, the Author makes no representations or warranties with respect to any Information offered or provided within or through the Site regarding treatment of medical conditions, action, or application of medication.
Under no circumstances, as a result of your use of the Site, will the Author be liable to you or to any other person for any direct, indirect, special, incidental, exemplary, consequential or other damages under any legal theory, including, without limitation, tort, contract, strict liability or otherwise, even if advised of the possibility of such damages. Without limiting the generality of the foregoing, the Author shall have absolutely no liability in connection with the Site for:
1. damages as a result of lost profits, loss of good will, work stoppage, failure of performance, delays in operation or transmission, nondelivery of information, deletions of files, mistakes, defects, errors, interruptions or computer failure or malfunction;
2. any loss or injury caused, in whole or in part, by the Author’s actions, omissions, or negligence, or for contingencies beyond the Author’s control, in procuring, compiling, or delivering the Information;
3. any errors, omissions, or inaccuracies in the Information regardless of how caused, or delays or interruptions in delivery of the Information; or
4. any decision made or action taken or not taken in reliance upon the Information.
The Site is protected by United States copyright laws. The Author hereby reserves any and all intellectual property rights in the Site.
All the text, images and other content being part of this Site is property of the Author, unless noted otherwise. All logos and trademarks are property of their respective owners. Unauthorized duplicating, reproduction, modification, uploading, posting, transmitting, or selling any material on this Site is prohibited. You are not authorized to use this content for personal profit. Whenever copyrighted material is mentioned or used, the Author is doing so according to Creative Commons practices.
The Site is intended for persons eighteen (18) years or older. Persons under the age of eighteen (18) should not access, use and/or browse the Site.
You agree to indemnify and hold the Author harmless from any claim or demand, including attorneys’ fees, made by any third party as a result of (1) any content posted or made available by you on this Site, (2) any violation of law that occurs by you through the Site, and/or (3) anything you do using the Site and/or the Information contained therein.
If any provision of this Agreement is held to be invalid or unenforceable in whole or in part in any jurisdiction, then that provision shall be deemed ineffective in such jurisdiction but shall have no effect on the enforceability of the remaining provisions.
This Agreement and your use of the Site, along with the Information contained therein, shall be governed by and construed in accordance with the laws of the State of Washington without regard to conflict of laws principles, and you agree to submit to the jurisdiction of courts in the State of Washington. You further agree that any claims or causes of action arising out of or related to this Agreement and the Site, along with the Information contained therein, shall be filed within one (1) year after such claim or cause of action arose, or such claim or cause of action shall be forever barred.
You hereby acknowledge that this Agreement represents the entire understanding between you and the Author concerning your use of the Site and the Information contained therein.
The Author may, in the Author’s sole and absolute discretion, modify the terms and conditions of this Agreement in whole or in part at any time for any reason without any notice to you, whether prior or otherwise. Such modified terms and conditions shall supersede these terms and conditions and shall become binding when published online on the Site.
The Author’s failure to exercise or enforce any right or provision of this Agreement shall not be deemed to be a waiver of such right or provision.
(The above disclaimer is modeled after disclaimers for Kevin, MD, and Giovanna Di Sauro, though that link is now broken and goes nowhere.)
Maria Yang, MD 