The following terms constitutes an agreement between you and Symptom Journal, LLC, the owners and operators of the SymptomJournal.Com website. SymptomJournal.Com provides its journaling services to you subject to the following terms and conditions. If you visit our websites or utilize the services provided by Symptom Journal, LLC as a visitor or paid member, you accept these terms and conditions. If you do not agree with the following terms and conditions, please do not access or use this website. Symptom Journal, LLC reserves the right to cancel or refuse services due to any violation of any of our terms and conditions of service. By registering at the Symptom Journal.com website, you agree that the contents of this website including text, graphics, images, animations, movies, discussions, groups, blogs, newsletters and media and any other materials associated with our website are to be used for informational purposes only. The information presented on this website is in no way intended as medical advice or as a substitute for professional medical advice or medical treatment. This information should only be used in conjunction with the guidance of a trained medical professional. Please consult your physician about any questions regarding your medical condition and also before starting or changing any health, nutrition, or fitness program.

Membership Eligibility | License to Access our Website | Privacy Terms | The Website Does Not Provide Medical Advice | Acceptable and Lawful Use of Website | Member and Non-member use of Website | Non-Commercial Use by Members | Your Symptom Journal Account | Use of Content in Members Area | Membership Renewal | Canceling Your Membership | Communications | Limitation of Liability | Third Party Content | Abuse and Spamming | Applicable Law | Modification of Terms |

Membership Eligibility

To become a member and access the Members area of the SymptomJournal.Com website, Symptom Journal, LLC requires that you are either:

1. A person journaling for themselves on the Symptom Journal website
2. A parent, caregiver or spouse of a person that you are journaling for in the Symptom Journal website
3. A guest as authorized by Symptom Journal, LLC owner or employee
4. You are at least 13 years of age. Children younger than 13 are prohibited from subscribing and need to have a subscribed parent or caregiver journaling for them.

License to Access our Website Services

Symptom Journal, LLC grants you a limited license to access the site and services of the SymptomJournal.Com. for your personal use. You may not modify any portion of the website programming or material within the SymptomJournal.Com website. This license does not include any resale or commercial use of the website or journal platform. The website and the SymptomJournal.Com journaling technology may not be reproduced in any way and is copyrighted material. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the external SymptomJournal.Com website (excludes members only internal site) so long as the link does not portray SymptomJournal.Com or Symptom Journal, LC in a false, derogatory, misleading or other wise offensive manner. You may not use the SymptomJournal.Com logo, or graphics without prior expressed written permission of the SymptomJournal.Com and Symptom Journal, LLC.

Privacy Terms

Your symptom journal contains some personal information. We have gone to extraordinary lengths to protect your privacy. At your time of registration with the SymptomJournal.Com you entered a limited amount of personal information about yourself to identify you in our system. Your individual personal information is never shared with any 3rd party. If a parent, spouse or caretaker is registering for you and journaling your information, they will have access to the data that they input about you.

Within your SymptomJournal.Com Profile you may choose to enable sharing of certain information with other members of the Symptom Journal community. When sharing is enabled the information that is shared is limited to: username, gender, age, health condition and your relationship to the journal subject. You may choose to participate in the Symptom Journal Friends Network by enabling sharing within your profile and you will be added to the appropriate health condition group. You may also choose to participate in the Discussion Community and communicate with other SymptomJournal.Com members. We do not share your email address with any 3rd party. You decide if you wish to receive our Newsletter. We may be in touch occasionally; we may contact you via email to provide account support.

Information collected during the registration process is done via 128-bit SSL encryption. We run a secure SSL certificate during your registration process. Payment processing and transaction records are processed within the Merchant One system only. They follow all standard requirements for secure transmission of personal and credit card information.

The Website Does Not Provide Medical Advice

The entire content of the SymptomJournal.Com website, including but not limited to, description, cause, risk factors, symptoms, diagnosis, tests, treatments, lifestyle and self-care, alternative and complementary treatments, nutrition, education, videos, podcasts, mp3 files, advice, Blog, Newsletter, Directions, Symptom Checklists, Goals, Daily Questions, Monthly Questions, Writing Journal, Reports, Friends Network, Discussion Community, emails, Inspiration Toolkit, forum postings, and any other materials provided by the SymptomJournal.Com are for informational purposes only and are not a substitute for professional medical advice or treatment. Never disregard professional medical advice or delay seeking treatment because of something you have read or feel is inferred by the SymptomJournal.Com website.

If you think you may have a medical emergency, call your doctor or 911 immediately. SymptomJournal.Com and the Symptom Journal, LLC does not recommend or endorse any specific tests, doctors, products, procedures, opinions, or any other information that may be mentioned on the SymptomJournal.Com website. Using or relying on any information provided by the SymptomJournal.Com website or Symptom Journal, LLC, by persons appearing on, writing for, interviewed by, appearing in a video on the SymptomJournal.Com website at the invitation of the SymptomJournal.Com or the Symptom Journal, LLC, or by other members is solely at you own risk.

Acceptable and Lawful Use of Website

Members shall not post or upload any information or other content on the SymptomJournal.Com website that is:

1. False, inaccurate, or misleading;
2. Obscene or indecent;
3. Infringes on any copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy of any party or company; or (d) is defamatory, libelous, threatening, vulgar, racially or ethnically abusive, hateful, or contains pornography or
4. Material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or international law or regulation.

Members of the SymptomJournal.Com website shall not interfere or infringe with another members’ use and enjoyment of the SymptomJournal.Com website by harassing, threatening, soliciting, promoting personal or commercial interests, or stalking another member of Friends Network, Discussion Community, or threaded message, including, but not limited to expressions of bigotry, racism, hatred or profanity. Members may not use the SymptomJournal.Com website to conduct any activity that is illegal or violates the rights of others or promotes physical harm or injury against any person or group or people. SymptomJOurnal.Com may disclose any content or electronic communication of any kind to satisfy the requirements of any law, regulation, or government request. SymptomJournal.Com shall assume no liability for actions or inactions with respect to conduct, communication, or content on the website or platform of SymptomJournal.Com.

When registering as a member of the SymptomJournal.Com website you represent and warrant that the information that you have provided when registering as a member, and all information you subsequently enter into the SymptomJournal.Com website regarding yourself and your membership or yourself and the person you are registering for, is true and accurate and not misleading.

Member and Non-member use of Website

You or any agent for you may not use any robot, spider, scraper, or other automated means to access the SymptomJournal.Com website or content or services provided on the SymptomJournal.Com website for any purposes whatsoever. You or any agent for you may not post content on the Symptomjournal.Com website that contains viruses, Trojan horses, time bombs, worms, spiders, or other computer programming devices that are intended to intentionally or unintentionally damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information. You or your agents shall not attempt to make the SymptomJournal.Com website unavailable through denial-of-service attacks or any other means. You or your agents shall not use contact information provided by members, or collect information about our members, to facilitate the sending of unsolicited bulk communications such as SPAM or SPIM or allow others use of your membership account for such actions.

Non-Commercial Use by Members

The Members Area of the SymptomJournal.Com and the content and information contained within the Members Area is for the personal use of the individual paid member only and as such may not be used in connection with any commercial businesses or endeavors. Organizations, companies, research hospitals, health insurance companies, HMO’s and PPO’s may become members in our Corporate Solutions area. Members of the SymptomJournal.Com website with individual commercial interests may not solicit or promote their products or services within the SymptomJournal.Com website.

Your Symptom Journal Account

If you use the SymptomJournal.Com website, you are responsible for maintaining confidentiality of your login and password and for restricting access to your computer and agree to accept complete responsibility for all actions and activities that occur in association with your account. Symptom Journal.Com reserves the right to refuse service and/or terminate accounts, edit content or restrict access to SymptomJournal.Com. All memberships are non-transferable. If you feel that your account has had unauthorized access, please contact us immediately to change your password to prevent further access.

You agree not to disclose to any person or entity personally identifiable information about other members that you learn while using the SymptomJournal.Com website (whether posted in Discussion Community or through the Friends Network) without the expressed written consent of such member. You may disclose information of a general nature (information that can not identify a particular person) to third parties outside of the SymptomJournal.Com website, subject to the above restriction on non-commercial use.

Use of Content in Members Area

The Members Area of the SymptomJournal.Com website includes areas, such as the Friends Network, the Discussion Community and messaging between community members, where members may post messages or content that they share. While some community areas in the Members Area are monitored periodically for topicality, SymptomJournal.Com has no obligation to prescreen postings and is not responsible for their content. We encourage you to notify us in the event of inappropriate or illegal content and we reserve the right to remove postings for any reason.

Membership Renewal

You have the option of renewing your SymptomJournal.Com membership at any time by going to the Profile button and clicking on edit Account Information, when inside Account Information, click on “renew my account” link. This will allow you to manually renew your account. After your initial membership subscription term has lapsed, your account will automatically be renewed on the monthly billing cycle. Your paid membership will start when you either, (a) have paid for your membership or (b) commencing 1 day after your 7 day free trail, on the 8th day.

Canceling Your Membership

You may cancel your membership from the Profile area by clicking on edit Account Information, when inside Account Information you may send a Support request. You must be logged into your SymptomJournal.Com account to access this area of the website and initiate a Member Support request. In the subject area of your Member Support request the subject must include the word “cancel” to initiate the cancellation process. You may also cancel by email by sending your account login, first name, last name, and a request to cancel your membership to support@symptomjournal.com. Your cancellation request must be dated by the 20th of the month to take affect for the next calendar month, so that your credit card will not be billed and your account is closed.

Communications

Any time you use our online support forums, messaging services within the SymptomJournal.Com website or send emails to support@symptomjournal.com you are communicating with SymptomJournal.Com electronically. You consent to receive communications from us electronically. We will communicate with you via email or journal messaging to help answer your questions and provide support. You agree that all electronic communications including emails, messaging, and web-based receipts satisfy and legal requirements and that such communications is in writing. You may contact us at any time by email at support@symtpomjournal.com and your message will be routed to the appropriate department. Please do not include any personal medical information in your emails to SymptomJournal.com

Limitation of Liability

Users and members of the SymptomJournal.Com website expressly agree that the use of this site and the Symptom Journal technology is at the user’s sole risk. SymptomJournal.Com or Symptom Journal, LLC does not warrant or make any representation regarding the use of the information provided on the website or the results that may be obtained from the use of the information, technology, software, or content. THIS WEBSITE IS PROVIDED ON AN “AS IS” BASIS. SYMPTOMJOURNAL.COM OR SYMPTOM JOURNAL, LLC MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESSED OR IMPLIED, AS TO THE OPERATION OF THE WEBSITE OR THE INFORMATION CONTENT, TECHNOLOGY, SOFTWARE, PLATFORM, OR ANY OTHER MATERIALS INCLUDED IN THIS WEBSITE TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW. UNDER NO CIRCUMSTANCES SHALL SYMPTOMJOURNAL.COM OR SYMPTOM JOURNAL, LLC BE LIABLE TO YOU OR ANY OTHER THIRD PARY FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS AND BUSINESS INTERRUPTION, WHETHER IN CONTRACT OR IN TORT, INCLUDING NEGLIGENCE ARISING IN ANY WAY FROM ANY PRODUCT OR SERVICE SOLD OR PROVIDED ON THE SYMPTOMJOURNAL.COM WEBSITE OR THE USE OF INFORMATION OR THE RESULT OF THE USE OF THE INFORMATION PROVIDED ON THE SYMPTOMJOURNAL.COM WEBSITE, PLATFORM, EVEN IF SYMPTOM JOURNAL, LLC OR SYMPTOMJOURNAL.COM IS EXPRESSLY ADVISED OF THE POSSSIBLITIY OF SUCH DAMAGES. IN NO EVENT SHALL SYMPTOMJOURNAL.COM OR SYMPTOM JOURNAL, LLC LIABILITY EXCEED THE PRICE YOU PAID FOR YOUR SYMPTOMJURNAL.COM MEMBERSHIP THAT IS THE SUBJECT OF A CLAIM. NO ORAL OR WRITTEN INFORMATION GIVEN BY SYMPTOMJOURNAL.COM OR SYMPTOM JOURNAL, LLC OR AFFLIATES OR THE LINKS SHALL CREATE A WARRANTY; NOR SHALL USER RELY ON ANY SUCH INFORMATION OR ADVICE.

Under no circumstances shall SymptomJournal.Com or Symptom Journal, LLC or any other party involved in creating, producing, or distributing the Website of Symptom Journal.Com platform be liable for any direct, indirect, incidental, special, or consequential damages that result from the use of or inability to use the SymptomJournal.Com website or Symptom Journal platform, including but not limited to the results from mistakes, omissions, interruptions, deletions of files or emails, errors, defects, viruses, delays in operation or transmission, or any failure of performance, whether or not resulting from acts of God, communications failure, theft, destruction, or unauthorized access to the SymptomJournal.Com records, programs, or services. The user acknowledges that this paragraph shall apply to all content, merchandise, and services available through the SymptoJournal.Com website and the SymptomJournal.Com platform.

The advice, recommendations, information, and conclusions posted or emailed by other members of the SymptomJournal.Com website are not in any way vetted, approved or endorsed by SymptomJournal.Com, and you use such information at your own risk. Under no circumstances shall SymptomJournal.Com or Symptom Journal, LLC, its partners, contributors, agents, employees, advisory board, directors, owner or affiliates be liable for any indirect, incidental, special, or consequential damages, even if advised of the possibility of such damages, due to your use of the SymptomJournal.Com website or due to your reliance on any of the content or services provided by the website.

You agree to indemnify and hold harmless and blameless SymptomJournal.Com and Symptom Journal, LLC, it’s officers, employees, agents, subsidiaries, affiliates, advisory board, owners and other partners, from and against any claims, actions or demand, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from your violation of this Agreement.

Third Party Content

The SymptomJournal.Com website contains information, data, software, photographs, graphs, animations, videos, audio and other content created by members and third parties. SymptomJournal.Com does not have editorial control over this content. Any opinions, advice, statements, services, offers or other information posted by a member or third party affiliate are those of the respective authors or affiliates and not of SymptomJournal.Com., Symptom Journal, LLC does not guarantee the accuracy, completeness, or usefulness of any content nor it merchantability for any particular purpose. SymptomJournal.Com does not endorse nor is responsible for the accuracy or reliability of any opinion, advice, or statement made on the SymptomJournal.Com website by any user or affiliate. Under no circumstances shall SymptomJournal.Com or Symptom Journal, LLC by liable for any loss, damages or harm caused by a User’s reliance on information obtained through the SymptomJournal.Com website. It is the responsibility of the end user to evaluate the information, opinions, advice or other content available through the SymptomJournal.Com website and platform.

Abuse and Spamming

SymptomJournal.Com has a very strict spamming and abuse policy. Spamming our discussion board, unsolicited advertising of products or services via any site communication methods including site messaging, Discussion Community discussions, Friends Network, or emails will result in immediate termination of our account. If you are not sure if a message falls within the category of span, please ask us first. Abuse of other Symptom Journal members by way of messaging, discussion boards' posts, friends' lists, or other methods will not be tolerated and will lead to immediate account cancellation without refund and exclusion from using the services of SymptomJournal.Com in the future.

Outlinks to Other Websites

• SymptomJournal.Com platform and website may contain links to external third party services.
• SymptomJournal.Com has no control over these links or the content published at these links.
• SymptomJournal.Com does not guarantee, represent or warrant that the content provided by external sites is accurate, legal or inoffensive. SymptomJournal.Com does not endorse third party content, media, graphics, videos, audio, photographs, or any other content.

Copyright Information

Copyright© 2009 SymptomJournal.Com. All materials and contents contained in the SymptomJournal.Com website and Symptom Journal platform are copyrighted material belonging exclusively to either SymptomJournal.Com, Symptom Journal, LLC, Conscious Spirit, Inc., or its content suppliers and are protected by United States and International copyright law. SymptomJournal.Com enforces its copyright interests or the fullest extent of the law and shall seek civil and criminal remedies where appropriate.

Applicable Law

The SymptomJournal.Com website and platform is produced and controlled by Symptom Journal, LLC in the state of Californai. As such, the laws of the state of California will govern these disclaimers, terms, and conditions, without giving effect to any principles of conflicts of laws. Symptom Journal, LLC reserves the rights to make changes at any time to its website, platform, legal disclaimers, privacy statement, and term of service agreement. The user or member hereby irrevocably and unconditionally consents to submit to the jurisdiction of the state of California for any litigation arising out of or relating to use of or subscription through the SymptomJournal.Com website and journal platform and waives any objections to laying of venue of any such litigation in the California courts and agrees not to plead or claim in any California court that such litigation brought therein has been brought in an inconvenient manner or forum.

Modification of Terms

SymptomJournal.Com reserves the right to make changes to the website and SymptomJournal.Com platform, the privacy statement and this Terms of Service Agreement document at any time, for any reason. These changes are effective immediately upon publication on the SymptomJournal.Com website or Symptom Journal platform. Please check the terms and conditions for modification periodically. Each time a user or member accesses the website of SymptomJournal.Com platform, he or she has agreed to have accepted any such changes.

Last updated July 31, 2009