Disclaimer and Terms of Use Agreement
Please read this Disclaimer, Terms of Use Agreement, and Privacy Policy carefully and in its’ entirety before using this Website and it’s associal blog, podcast, and social media platforms.
Terms of Use Agreement
This Terms of Use Agreement (this ‘Agreement') is entered into by and between the author and ‘you', the user of this web blog, also known as ‘The Lion’s Pen Blog & Podcast' (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.
MEDICAL AND MENTAL HEALTH ADVICE DISCLAIMER
The Author provides the Site and the services, information, content and/or data (collectively, ‘Information') contained therein for informational and entertainment purposes only. The Author is not a licensed medical or mental health professional and does not provide any medical or mental health advice on the Site, and the Information should not be so construed, used, or disseminated. Nothing contained in the Site is intended to create a therapeutic relationship, to replace the services of a licensed, trained medical or mental health professional or to be a substitute for medical or mental health advice of a trained medical or mental health professional licensed in your state. You should consult a licensed medical or mental health professional in your state in all matters relating to your physical and mental health. You hereby agree that you shall not make any mental health or medical related decision based in whole or in part on anything contained in the Site.
FINANCIAL, LEGAL AND OTHER ADVICE DISCLAIMER
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. This Site and it’s associated blog, podcast, and social media platforms should not be used in any legal capacity whatsoever, including but not limited to establishing “standar of care” in a legal sense or as a basis for expert witness testimony. No guarantee is given regarding the accuracy of any statements or opnions made on this Site, blog, podcast, or social media platforms.
INFORMATION DISCLAIMER
The opinions expressed in the Site, and of it’s blog and podcast guests are not necessarily the opinions of the Author and do not reflect the opinion of their employer(s). The Site is created by the Author in the Author’s individual capacity, is the Author’s personal organization, is not edited or endorsed by the Author's employer(s) and, as a result, may not be attributed to the Author's employer(s).
Any opinions of the Author on the Site are or have been rendered based on specific facts, observations, and experiences 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.
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.
POSTING GUIDELINES
The Site is open to the public. Therefore, consider your comments carefully and do not include anything in a comment that you would like to keep private. By uploading or otherwise making available any information to the Author in the form of user generated comments or otherwise, you grant the Author the unlimited, perpetual right to distribute, display, publish, reproduce, reuse and copy the information contained therein.
You are responsible for the content you post. You may not impersonate any other person through the Site. You may not post content that is obscene, defamatory, threatening, fraudulent, invasive of another person’s privacy rights, or is otherwise unlawful. You may not post content that infringes the intellectual property rights of any other person or entity. You may not post any content that contains any computer viruses or any other code designed to disrupt, damage, or limit the functioning of any computer software or hardware.
MODERATION GUIDELINES
Authority
Our blog is moderated frequently and posteriorly. Moderators are volunteers. Internet users posting comments on this blog should not be considered as medical or mental health professionals.
Complementarity
Comments posted on this Blog should be designed to support, not replace, the relationship that exists between a patient/site visitor and his/her medical and mental health professionals.
Confidentiality
We remind you that everyone can read and use your comments. You do not have the possibility to erase your own comments.
Comments
Internet users commenting on the Site must behave with respect and honesty at all times.
Internet users may not post any commercial/advertising comment without permission.
Internet users commenting on the blog must post information which is true and correct to their knowledge.
We invite you to provide resources (references, links, …) on mental health and medical claims when possible and relevant.
By submitting or posting content on the Site, you grant the Author and any company substantially under the control of the Author, the right to remove any content or comment that, in Author?s sole judgment, does not comply with the terms and conditions of this Agreement or is otherwise objectionable. You also grant the Author and any company substantially under the control of Author the right to modify, adapt, and edit any content.
THIRD PARTY LINKS AND ADVERTISEMENTS DISCLAIMER
The Site may in the future, from time to time, contain links to third party web sites. These links are provided solely as a convenience to you and not as a guarantee, warranty, or recommendation by the Author of the services, information, content and/or data on such third party web sites or as an indication of any affiliation, sponsorship or endorsement of such third party web sites. The Author is not responsible for the content of linked third party web sites and does not make any representations or warranties regarding the privacy practices of, or the content or accuracy of materials on, such third party websites. If you decide to access linked third-party web sites, you do so at your own risk. Your use of third-party websites is subject to the terms of use for such sites.
THE INCLUSION OF THIRD PARTY ADVERTISEMENTS 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.
DISCLAIMER OF ALL WARRANTIES
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 or mental health conditions, action, or application of medication or therapeutic modalities.
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 goodwill, work stoppage, failure of performance, delays in operation or transmission, non-delivery 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.
RESERVATION OF INTELLECTUAL PROPERTY RIGHTS
The Site is protected by United States copyright laws. The Author hereby reserves any and all intellectual property rights in the Site.
AGE RESTRICTION
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.
INDEMNIFICATION
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.
INVALIDITY
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.
GOVERNING LAW, CONSENT TO JURISDICTION AND LIMITATION ON CLAIMS
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 Commonwealth of Virginia without regard to conflict of laws principles, and you agree to submit to the jurisdiction of courts in the Commonwealth of Virginia. 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.
ENTIRE AGREEMENT
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.
MODIFICATION
The Author may, in the Author’s sole and absolute discretion, modify the terms and conditions of this Agreement in whole or in party 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.
WAIVER
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 SITE AND THE INFORMATION CONTAINED THEREIN IS MADE AVAILABLE BY THE AUTHOR FOR INFORMATIONAL AND ENTERTAINMENT PURPOSES ONLY AND IS NOT INTENDED TO PROVIDE MEDICAL OR MENTAL HEALTH ADVICE. BY ACCESSING THE SITE, YOU UNDERSTAND AND ACKNOWLEDGE THAT THERE IS NO THERAPEUTIC RELATIONSHIP BETWEEN YOU AND THE AUTHOR. YOU FURTHER ACKNOWLEDGE YOUR UNDERSTANDING THAT THE SITE SHOULD NOT BE USED AS A SUBSTITUTE FOR COMPETENT MEDICAL OR MENTAL HEALTH ADVICE FROM A LICENSED MEDICAL OR MENTAL HEALTH PROFESSIONAL IN YOUR STATE. THIS ENTIRE DISCLAIMER ALSO APPLIES TO ANY GUESTS OR CONTRIBUTERS TO THE PODCAST, BLOG, OR SOCIAL MEDIA PLATFORMS. UNDER NO CIRCUMSTANCES SHALL SAMANTHA W SIMONS, THE AIRS PROJECT, THE LION’S PEN, OR ANY GUESTS OR CONTRIBUTORS TO THE PODCAST OR BLOG, ANY VOLUNTEERS OR EMPLOYEES, ASSOCIATES, OR AFFILIATES OF THE AIRS PROJECT BE RESPONSIBLE FOR DAMAGES ARISING FROM USE OF THIS SITE, PODCAST, BLOG, OR SOCIAL MEDIA PLATFORMS.
PRODUCT REVIEWS, FEATURES, AND MENTIONS:
The Author may feature and review products and services they like or find interesting on this Site or on other places where the Author contributes. Many of the items featured by the Author or discovered on their own, others are sent to the Author by developers, companies, or organizations specifically for review consideration. Before contacting the Author about reviewing your product or service, you should be aware of that:
The Author and the Site cannot speak to your good or service if they don't know it exists. You are encouraged to contact the Author but do not add the Author to any mailing lists without their permission. You will be blocked from further communications.
The Author does not make any promises or guarantees of anything. You can send the Author a product, promotion code, demo unit, or access to services. That doesn't guarantee the Author will review, mention, or endorse your product or service. If the Author does mention or review your product or service, there is no expectation or guarantee of a positive review. If you are sending the Author a physical product, the Author will make best efforts to agree on terms of use and review in advance; including if you want said product or item returned returned, timeframes and shipping arrangements. Otherwise, when the Author has completed their use and review, the product or item will likely be donated to a person or organization that might find supportive use of said product or item, and at that point will be unretrievable for return to the original provider.
Pursuant to 16 CFR Part 255, the Federal Trade Commission’s Guides Concerning the Use of Endorsements and Testimonials in Advertising, please note:(1) Companies, manufacturers, and distributors send the Author free versions of their products or services to review. The Author sometimes keeps and continues to use these products they did not pay for after posting of the review, which might be considered a form of compensation for the review, but do not in any way influence said review.
(2) When the Author posts links to product pages on any third-party website or ecommerce locale, sometimes these links include a referral code such that when products are purchased after clicking on the link, the Author may sometimes receive a very small percentage of the sale. While the amount the Author receives is small, it does help to offset some of the costs of maintaining this Site. The Author does not believe that is an influential factor in their review of products and services.
You are here: Home / Privacy Policy
Privacy Policy
Your privacy is important to the AIRS project. This privacy statement provides information about the personal information that the AIRS project, and it’s associated blog/podcast (The Lion’s Pen) and social media platforms collects, and the ways in which the AIRS projects uses that personal information.
Information that we collect and how we use it …
We collect your email address & name. For example, you may subscribe to receive email updates from the blog on the site by submitting your email address. We will never sell your email address or name.
We use third-party vendors to deliver the newsletter for the AIRS project and The Lion’s Pen. Other third-party vendors include Mailchimp and Google Analytics.
The internet comes with a footprint. Web servers may automatically capture the following information from visitors to the Site, including the name of the domain and host from which you access the internet, the internet address of the Site from which you enter the Site, the pages you visit on the Site and the amount of time you spend on the Site. This visitor information may be used to improve the Site.
We use this information to … to deliver services, personalize the website for you, enabling your access, send you a newsletter, marketing and other emails.
Legal Basis for Collection of Information
The AIRS project asserts the following legal grounds for the collection of data:
Explicit Consent — When you sign up for the newsletter or any other account at the AIRS project, you provide explicit consent for the AIRS project to collect the above listed personal information.
Legitimate Interests — The AIRS project may have additional legitimate interests, including account maintenance and administrative purposes, for the collection of the above listed personal information.
Disclosure of information
The AIRS project, The Lion’s Pen will not voluntarily share your name and email provided via the Site to any third party, except:
With third parties that we hire to perform services for us (these third parties are not authorized to keep or use your personal information for any other purpose),
To comply with legal requirements, such as law, regulation, warrant, subpoena, court order, or with a regulator or law enforcement agency or personnel or
In connection with a corporate sale, merger, reorganization, acquisition, dissolution or similar event.
Visitor information described above under “Information that we collect and how we use it” may be provided to third parties as described below under “Cookies“ and “Web Beacons.”
Your choices and access
We want to keep your name and email address accurate. You can correct or update your name or email address that you have provided us. Corrections can be submitted using the links at the bottom of every email message sent. Readers dissatisfied with a response may reach us via email (theAIRSproject@gmail.com) or via the contact tab.
Links to other Web sites
We do not endorse and are not responsible for the information practices or privacy policies of any other Web sites that may be linked to or from the Site. If you decide to access any other Web site that may be linked to or from the Site, you should consult that Web site’s privacy policy.
Securing Your Data
The AIRS project will take reasonable technical and organizational precautions to prevent the loss, misuse or alteration of your personal information. If the AIRS project stores any of your data, it will do so on secure servers or via secure third-party services.
Cookies
A cookie is a small text file that the Site can place on your computer’s hard drive. When you visit the Site, a cookie may be placed on your computer for customizing and enhancing your experience on the Site. Your name and email address are not shared in this cookie. We use a cookie that collects anonymous traffic data. You can set your Web browser to block cookies, but doing so may affect your ability to access certain features of the Site.
Security
We take reasonable steps to protect personal information from loss and misuse. Please keep in mind that no Internet transmission is 100% secure. Some email sent to or from the Site may not be secure. Please consider this when sending information to us by email.
Children’s / Minor’s Privacy
The Site is not intended for use by children/minors under the age of 18. We will not knowingly collect personal information from them. If we discover that a child or minor has provided us with personal information, we will use reasonable efforts to delete this information. If you have reason to believe we may have accidentally received personal information from a child under the age of 13, please immediately submit details through via email (theAIRSproject@gmail.com or via the contact tab on the Site).
Changes to this Disclaimer, Terms of Use Agreement, and Privacy Policy
We may modify, alter or update this Disclaimer, Terms of Use Agreement, and Privacy Policy at any time. We will not provide individual notice to you of changes to this Privacy Policy, but when we make updates to this Privacy Policy, we will update the date in this section.
This disclaimer, terms of agreement, and privacy policy was published on 2/28/2021.
adapted from EMcrit.org