Terms of Use

Last Revised: November 18, 2022

Acceptance of the Terms of Use.  These terms of use are entered into by and between you and Modern Endocrine (“Modern Endocrine,” “we” or “us”).  The following terms of use, together with any documents they expressly incorporate by reference (collectively, these “Terms of Use”), govern your access to and use of the websites owned, licensed and/or administered by us, including modern-endocrine.com and any of our social media sites (collectively, the “Sites”), whether as a guest or a registered user.

 Please read these Terms of Use and our Privacy Policy, which is incorporated herein by reference (the “Privacy Policy”), carefully before you start to use the Sites.  By using the Sites, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy.  You must not access or use the Sites if you do not agree to these Terms of Use or the Privacy Policy.

Accessing the Sites and Account Security.  We reserve the right to withdraw or amend the Sites and any service or material we provide on the Sites in our sole discretion without notice.  We will not be liable if for any reason all or any part of the Sites is unavailable at any time or for any period.  From time to time, we may restrict access to some parts of the Sites, or the entire Sites, to users, including registered users.  You are responsible for making all arrangements necessary for you to have access to the Sites.  To access the Sites, or some of the resources they offer, you may be asked to provide certain registration details or other information.  It is a condition of your use of the Sites that all the information you provide on the Sites is correct, current and complete.  You agree that all information you provide to register with the Sites or otherwise, including but not limited to through the use of any interactive features on the Sites, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

If you choose, or are provided with, a username, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity.  You also acknowledge that your account is personal to you and agree not to provide any other person with access to the Sites or portions of it using your username, password or other security information.  You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security.  You also agree to ensure that you exit from your account at the end of each session.  You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.  We have the right to disable any username, password or other identifier, whether chosen by you or provided by us, at any time if, in our opinion, you have violated any provision of these Terms of Use.

Children Under the Age of 18. If you are under 18, do not use or provide any information on the Sites. Our Sites are not intended for children under 18 years of age. No one under age 18 may provide any information to the Sites. We do not knowingly collect personal information from children under 18. If we learn we have collected or received personal information from a child under 18 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 18, please contact us at https://www.modern-endocrine.com/contact or cmsmith@okss.com.

Intellectual Property Rights.  The Sites and their entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by Modern Endocrine and/or its licensors or other providers of such material and are protected by United States of America (“USA”) and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.  These Terms of Use permit you to use the Sites for your personal, non-commercial use only.  You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on the Sites, except as follows:

·       your computer may temporarily store copies of such materials incidental to your accessing and viewing those materials;

·       you may store files that are automatically cached by your Web browser for display enhancement purposes;

·       you may print or download one copy of a reasonable number of pages of the Sites for your own personal, non-commercial use and not for further reproduction, publication or distribution; and 

·       if we provide social media features with certain content, you may take such actions as are enabled by such features so long as such actions are not otherwise prohibited by these Terms of Use.

You must not (except for fair use):

·       modify copies of any materials from the Sites;

·       use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text; or

·       delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from the Sites.

If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Sites in breach of these Terms of Use, your right to use the Sites will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.  No right, title or interest in or to the Sites or any content on the Sites is transferred to you, and all rights not expressly granted are reserved by Modern Endocrine.  Any use of the Sites not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark and other laws.

Trademarks.  All information and material including images and text on the Sites are the property of (or under licensed use by) Modern Endocrine and are subject to copyright protections.  You must not use such marks without the prior written permission of Modern Endocrine.  All other names, logos, product and service names, designs and slogans on the Sites are the trademarks of their respective owners.

Prohibited Uses.  You may use the Sites only for lawful purposes and in accordance with these Terms of Use.  You agree not to use the Sites:

·       in any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the USA or other countries);

·       for the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise;

·       to send, knowingly receive, upload, download, use or re-use any material which does not comply with these Terms of Use;

·       to transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation;

·       to impersonate or attempt to impersonate Modern Endocrine, an Modern Endocrine employee, another user or any other person or entity (including, without limitation, by using e-mail addresses or other identifiers associated with any of the foregoing); or

·       to engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Sites or which, as determined by us, may harm Modern Endocrine or users of the Sites or expose them to liability.

Additionally, you agree not to:

·       use the Sites in any manner that could disable, overburden, damage, or impair them or interfere with any other party’s use of the Sites, including their ability to engage in real time activities through the Sites;

·       use any robot, spider or other automatic device, process or means to access the Sites for any purpose, including monitoring or copying any of the material on the Sites;

·       use any manual process to monitor or copy any of the material on the Sites or for any other unauthorized purpose without our prior written consent;

·       use any device, software or routine that interferes with the proper working of the Sites;   

·       introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful;

·       attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Sites, the server on which the Sites are stored, or any server, computer or database connected to the Sites; 

·       attack the Sites via a denial-of-service attack or a distributed denial-of-service attack; or

·       otherwise attempt to interfere with the proper working of the Sites.

User Contributions.  The Sites may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards, and other interactive features (collectively, “Interactive Services”) that allow users to post, submit, publish, display or transmit to other users or other persons (hereinafter, “Post”) content or materials (collectively, “User Contributions”) on or through the Sites.  All User Contributions must comply with the Content Standards set out in these Terms of Use.  Any User Contribution you post to the Sites will be considered non-confidential and non-proprietary.  By providing any User Contribution on the Sites, you grant us and our licensees, successors and assigns the right to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties any such material.

You represent and warrant that:

·       you own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our licensees, successors and assigns; and

·       all of your User Contributions do and will comply with these Terms of Use.

You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not Modern Endocrine, have fully responsibility for such content, including its legality, reliability, accuracy and appropriateness.  We are not responsible, or liable to any third party, for the content or accuracy of any User Contributions posted by you or any other user of the Sites.

Monitoring and Enforcement; Termination.  We have the right to:

·       remove or refuse to post any User Contributions for any or no reason in our sole discretion;

·       take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Terms of Use, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Sites or the public or could create liability for Modern Endocrine;

·       disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy;

·       take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Sites; and/or

·       terminate or suspend your access to all or part of the Sites for any violation of these Terms of Use.

Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone accessing the Sites or posting any materials on or through the Sites.  YOU WAIVE AND AGREE TO HOLD HARMLESS MODERN ENDOCRINE FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY MODERN ENDOCRINE DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER MODERN ENDOCRINE OR LAW ENFORCEMENT AUTHORITIES.  However, we cannot review all material before it is posted on the Sites and cannot ensure prompt removal of objectionable material after it has been posted.  Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party.  We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

Content Standards.  These content standards apply to any and all User Contributions and use of Interactive Services.  User Contributions must in their entirety comply with all applicable federal, state, local and international laws and regulations.  Without limiting the foregoing, User Contributions must not:

·       contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable;

·       promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;

·       infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person;

·       violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use or our Privacy Policy;

·       be likely to deceive any person;

·       promote any illegal activity, or advocate, promote or assist any unlawful act;

·       cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person;

·       impersonate any person, or misrepresent your identity or affiliation with any person or organization.

·       involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter or advertising; or

·       give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.

Copyright Infringement.  If you believe that any User Contributions violate your copyright, please notify us at https://www.modern-endocrine.com/contact or cmsmith@okss.com.  It is Modern Endocrine’ policy to terminate the user accounts of repeat infringers.

Reliance on Information Posted.  The information presented on or through the Sites is made available solely for general information purposes.  We do not warrant the accuracy, completeness or usefulness of this information.  Any reliance you place on such information is strictly at your own risk.  We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Sites, or by anyone who may be informed of any of their contents.  The Sites may include content provided by third parties, including materials provided by other users, bloggers and third-party licensors, syndicators, aggregators and/or reporting services.  All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by Modern Endocrine, are solely the opinions and the responsibility of the person or entity providing those materials.  These materials do not necessarily reflect the opinion of Modern Endocrine.  We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

Changes to the Sites.  We may update the content on the Sites from time to time, but their content is not necessarily complete or up-to-date.  Any of the material on the Sites may be out of date at any given time, and we are under no obligation to update such material.

Information About You and Your Visits to the Sites.  All information we collect on the Sites is subject to our Privacy Policy.  By using the Sites, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

Linking to the Sites and Social Media Features.  You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part.  The Sites may provide certain social media features that enable you to:

·       link from your own or certain third-party websites to certain content on the Sites;

·       send e-mails or other communications with certain content, or links to certain content, on the Sites; and/or

·       cause limited portions of content on the Sites to be displayed or appear to be displayed on your own or certain third-party websites.

You may use these features solely as they are provided by us and solely with respect to the content they are displayed with, and otherwise in accordance with any additional terms and conditions we provide with respect to such features.  Subject to the foregoing, you must not:

·       establish a link from any website that is not owned by you;

·       cause the Sites, or portions of the Sites, to be displayed, or appear to be displayed by, for example, framing, deep linking or in-line linking, on any other site; or

·       otherwise take any action with respect to the materials on the Sites that is inconsistent with any other provision of these Terms of Use.

The website from which you are linking, or on which you make certain content accessible, must comply in all respects with the Content Standards set out in these Terms of Use.  You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease.  We reserve the right to withdraw linking permission without notice.  We may disable all or any social media features and any links at any time without notice in our discretion.

Links from the Sites.  If the Sites contain links to other sites and resources provided by third parties, these links are publicly available and provided for your convenience only.  This includes links contained in advertisements, including banner advertisements and sponsored links.  In some cases, the third party’s content may be framed in such a way that it may appear you are on the Sites.  Modern Endocrine makes no representations or warranties concerning, and is not responsible for, such content or information or the operation of third-party websites or electronic services reached by virtue of such links or content, and the presence of such links, information or content does not imply that Modern Endocrine sponsors, authorizes or is affiliated with such websites, services, or third parties, or any services or products offered therein or thereby.  We have no control over the contents of those sites or resources and do not guarantee the accuracy, adequacy, completeness, legality, reliability, availability, quality, or usefulness of any third party content.  We accept no responsibility for links to other sites and resources provided by third parties or for any loss or damage that may arise from your use of them.  If you decide to access any links to other sites and resources provided by third parties, you do so entirely at your own risk and subject to the terms and conditions of use for such sites and resources.

Use of Cookies.  As you navigate through and interact with the Sites, we may use automatic data collection technologies to collect certain information about your equipment, browsing actions, and patterns.  The technologies we use for this automatic data collection include “cookies.”  Cookies are important to the proper functioning of a site.  A cookie is a small file of letters and numbers that we store on an individual’s browser or hard drive record-keeping purposes so that we may track website and user activity.  By browsing the Sites, or by submitting any forms on the Sites, you are agreeing to our use of cookies as described in our Privacy Policy.  The use of cookies, as described in our Privacy Policy, is an industry standard and you will find them at most major websites.  By showing how and when visitors use the Sites, cookies help Modern Endocrine track those areas of the Sites that are popular and which areas are not.  Many improvements and updates to the Sites are based on data such as total number of visitors and pages viewed.

Geographic Restrictions.  The owner of the Sites is based in the state of Oklahoma in the United States.  We make no claims that the Sites are accessible or appropriate outside of the United States.  Access to the Sites may not be legal by certain persons or in certain countries.  If you access the Sites from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

Disclaimer of Warranties.  Information from Modern Endocrine and other providers may appear on the Sites.  Although the data on the Sites has been obtained from sources that are believed to be reliable, no warranty, express or implied, is made regarding accuracy, adequacy, completeness, legality, reliability or usefulness of any information.  Any reliance you place on such data is strictly at your own risk.  We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Sites, or by anyone who may be informed of any of their contents.  You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Sites will be free of viruses or other destructive code.  You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to the Sites for any reconstruction of any lost data.  WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITES OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON THE SITES, OR ON ANY WEBSITE OR OTHER RESOURCE LINKED TO THEM.  YOUR USE OF THE SITES AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITES IS AT YOUR OWN RISK.  THE SITES AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.  NEITHER MODERN ENDOCRINE NOR ANY PERSON ASSOCIATED WITH MODERN ENDOCRINE MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE SITES.  WITHOUT LIMITING THE FOREGOING, NEITHER MODERN ENDOCRINE NOR ANYONE ASSOCIATED WITH MODERN ENDOCRINE REPRESENTS OR WARRANTS THAT THE SITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITES WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE SITES OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.  MODERN ENDOCRINE HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.  THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitation on Liability.  IN NO EVENT WILL MODERN ENDOCRINE OR ITS LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SITES, ANY WEBSITES, OTHER RESOURCES OR APPLICATIONS LINKED TO THE SITES, ANY CONTENT ON THE SITES OR SUCH OTHER WEBSITES, RESOURCES OR APPLICATIONS OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITES OR SUCH OTHER WEBSITES, RESOURCES OR APPLICATIONS, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.  THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Indemnification.  You agree to defend, indemnify and hold harmless Modern Endocrine, its licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Sites, including, but not limited to, your User Contributions, any use of the Sites’ content, services and products or your use of any information obtained from the Sites.

Governing Law and Jurisdiction.  All matters relating to the Sites and these Terms of Use, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Oklahoma without giving effect to any choice or conflict of law provision or rule that would apply the law of another jurisdiction.  Any legal suit, action or proceeding arising out of, or related to, these Terms of Use or the Sites shall be instituted exclusively in the federal courts of the USA or the courts of the State of Oklahoma, in each case located in the City of Tulsa and County of Tulsa.  You consent to such jurisdiction and waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

Limitation on Time to File Claims.  ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE SITES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

Waiver and Severability.  No waiver by Modern Endocrine of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Modern Endocrine to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.  If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of these Terms of Use will continue in full force and effect.

Entire Agreement.  The Terms of Use and our Privacy Policy constitute the sole and entire agreement between you and Modern Endocrine with respect to the Sites and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Sites.

Termination.  You agree that we may, at our sole discretion, deny you access to the Sites and disable any username and password associated with you for any reason, including, without limitation, if we believe that you have violated or acted inconsistently with the letter or spirit of these Terms of Use.  We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the service offered under the Sites (or any part thereof) with or without notice.  You agree that neither Modern Endocrine nor its directors, officers, employees, agents, successors or assigns shall be liable to you or to any third party for any modification, suspension or discontinuance of the services offered under the Sites.

Changes to the Terms of Use.  We may revise and update these Terms of Use from time to time in our sole discretion.  All changes are effective immediately when we post them.  The date of the last revision of these Terms of Use is set forth above.  Your continued use of the Sites following the posting of revised Terms of Use means that you accept and agree to the changes.  You are expected to check this page from time to time so you are aware of any changes.

Your Comments and Concerns.  The Sites are operated by Modern Endocrine.  All notices of copyright infringement claims and any feedback, comments, requests for technical support and other communications relating to the Sites should be directed to should be sent to https://www.modern-endocrine.com/contact or cmsmith@okss.com.