Thanks for using our products and services.
Using Our Services
We put a lot of work into creating this website and providing the best experience possible!
This Site and our Services are provided solely for your exclusive personal, educational, non-commercial use for general medical exam review and should not be relied upon to treat patients or diagnose disease. You agree to use the Site and Services only for lawful purposes and the permitted uses described above. No other use of FOOLYBOO, the Site, or our Services is authorized.
Your use of our Site or Services does not give you ownership of any intellectual property rights in our Services or the content that you access. You agree that you have no right to resell, publish, transmit, redistribute, participate in the sale or transfer of, modify, compile, or create derivative works based in whole or part on the Site or our Services.
Your Content in Our Services
Some of our Services allow you to submit content. You retain ownership of any intellectual property rights that you hold in that content.
When you upload or otherwise submit content, you give FOOLYBOO an unrestricted right to use, store, reproduce, modify, create derivative works, publish, and distribute such content for the purpose of operating, promoting and improving our Services and to develop new ones. FOOLYBOO shall have no financial or other obligation to you when you submit such information.
Our Warranties and Disclaimers
The information in this FOOLYBOO production is compiled from sources believed to be reliable and exhaustive efforts have been put forth to provide the best information and services possible.
TYPOS, ERRORS, OMISSIONS, ETC. ARE POSSIBLE AND, INDEED, LIKELY. FOOLYBOO DOES NOT WARRANT THE QUALITY, ACCURACY OR COMPLETENESS OF ANY INFORMATION ON THE SITE OR THROUGH OUR SERVICES.
BY USING OUR SITE AND SERVICES YOU ACKNOWLEDGE AND AGREE THEY ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY REPRESENTATION, WARRANTY OR CONDITION OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION REPRESENTATIONS, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
FOOLYBOO DOES NOT REPRESENT OR WARRANT THAT ACCESS TO THIS SITE OR SERVICES THROUGH THIS SITE WILL BE UNINTERRUPTED, THAT THIS SITE WILL OPERATE ERROR-FREE, THAT DEFECTS OR ERRORS IN THE SITE OR THE MATERIALS WILL BE CORRECTED, OR THAT THIS SITE OR THE MATERIALS OR PRODUCTS OR SERVICES AVAILABLE HEREIN ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ACKNOWLEDGE AND AGREE THAT YOU ARE USING THE SITE AT YOUR OWN RISK AND LIABILITY.
FOOLYBOO DOES NOT REPRESENT OR WARRANT THAT THE SITE OR OUR SERVICES ARE PROVIDED TO SUBSTITUTE FOR THE INDEPENDENT MEDICAL JUDGMENT OF A PHYSICIAN RELATIVE TO DIAGNOSTIC AND TREATMENT OPTIONS OF A SPECIFIC PATIENT’S MEDICAL CONDITION. IN NO EVENT WILL THE FOOLYBOO PARTIES BE LIABLE FOR ANY DECISION MADE, TREATMENT PROVIDED AND/OR ACTION TAKEN IN RELIANCE UPON THE INFORMATION PROVIDED THROUGH THE CONTENT AND/OR FOOLYBOO.
CLINICAL JUDGMENT MUST GUIDE EACH CLINICIAN IN WEIGHING THE BENEFIT OF ANY DIAGNOSTIC INTERVENTION OR TREATMENT APPROACH AGAINST THE RISK OF THE INTERVENTION OR TREATMENT. DOSAGE, INDICATIONS AND METHODS OF USE FOR PRODUCTS REFERRED TO VIA FOOLYBOO ARE NOT NECESSARILY THE SAME AS INDICATED IN THE PACKAGE INSERT FOR THE PRODUCT AND MAY REFLECT THE CLINICAL EXPERIENCE OR EXPERTISE OF THE INDIVIDUAL AUTHOR.
ANY DIAGNOSTIC PROCEDURES OR TREATMENTS SHOULD NOT BE UTILIZED BY CLINICIANS OR OTHER HEALTHCARE PROFESSIONALS WITHOUT EVALUATION OF THEIR PATIENTS’ CONDITIONS, AND OF POSSIBLE CONTRAINDICATIONS OR RISKS AND WITHOUT A REVIEW OF ANY APPLICABLE MANUFACTURER’S PRODUCT INFORMATION AND COMPARISON WITH THE RECOMMENDATIONS OF OTHER AUTHORITIES.
In other words, be good medical practitioners, this is not a resource for treating your patients. You should always check your own sources before diagnosing or treating any problem in a real live breathing human being!
Liability for Our Services
YOUR SOLE REMEDY FOR DISSATISFACTION WITH YOUR USE OF OUR SERVICES OR OUR CONTENT IS TO STOP USING FOOLYBOO AND/OR THE CONTENT.
YOU AGREE THAT UNDER NO CIRCUMSTANCES WILL FOOLYBOO, ITS DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS, REPRESENTATIVES OR OUR AFFILIATES BE LIABLE FOR ANY DAMAGES, WHETHER DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES (COLLECTIVELY, THE “EXCLUDED DAMAGES”), ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF OR INABILITY TO USE FOOLYBOO OR ANY OF THE CONTENT AND/OR WITH ANY DECISIONS MADE, TREATMENT PROVIDED AND/OR ACTIONS TAKEN IN RELIANCE UPON THE INFORMATION PROVIDED THROUGH THE CONTENT AND/OR FOOLYBOO, INCLUDING, BUT NOT LIMITED TO: LOSS OF REVENUE, ANTICIPATED PROFITS, BUSINESS, SAVINGS, GOODWILL OR DATA; ANY FAILURE OF PERFORMANCE, DENIAL OF SERVICE, ATTACK, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION OR COMPUTER VIRUS; OR THIRD PARTY THEFT OF, DESTRUCTION OF, UNAUTHORIZED ACCESS TO, ALTERATION OR USE OF YOUR INFORMATION, EQUIPMENT OR PROPERTY, EVEN IF THE PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF OR COULD HAVE FORESEEN THE EXCLUDED DAMAGES.
FURTHER, THE FOOLYBOO PARTIES WILL NOT BE RESPONSIBLE FOR ANY FAILURE TO COMPLY, BY YOU OR ANY THIRD PARTY, WITH THESE TERMS OR WITH APPLICABLE FEDERAL, STATE AND LOCAL LAWS.
THESE LIMITATIONS OF LIABILITY WILL APPLY REGARDLESS OF: (I) ANY NEGLIGENCE OR GROSS NEGLIGENCE OF ANY FOOLYBOO OR FOOLYBOO PARTY OR (II) WHETHER THE LIABILITY SOUNDS IN NEGLIGENCE, STRICT LIABILITY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER THEORY OF LEGAL LIABILITY; AND WILL REMAIN IN EFFECT EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
SOME STATES DO NOT ALLOW THE LIMITATION OF LIABILITY OR EXCLUSION OF WARRANTIES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU. IN THOSE STATES, LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. IN NO EVENT SHALL AGGREGATE LIABILITY TO YOU EXCEED ONE HUNDRED DOLLARS ($100).
You agree to defend, indemnify and hold FOOLYBOO and its officers, directors, employees, contractors, and agents harmless from and against any and all claims, actions, demands, liabilities, damages, costs, and expenses, including attorneys’ fees, arising directly or indirectly from or related to your use of FOOLYBOO, the Site, or our Services.
About These Terms
If there is a conflict between these terms and any additional terms, the additional terms will control for that conflict. If you do not agree to the modified terms, then you should discontinue your use of the Services.
If any provision hereof is held by a court of competent jurisdiction to be invalid, it shall be severed and the remaining provisions shall remain in full force without being invalidated in any way.