Terms of Use

By accessing or using our website, you agree with all of the terms and conditions of these Terms of Use. You agree to indemnify, defend and hold harmless Stone Clinic, its subsidiaries/affiliated/contracted entities, contracted physicians, other health care professionals, employees, and contractors, including any professional entity that may render services related to Stone Clinic, and all of their subsidiary and affiliated entities and companies, and each of their managers, members, officers, directors, shareholders, employees and agents, from and against all liabilities, losses, expenses, damages and costs (including attorneys’ fees), resulting from any violation by you of these Terms of Use.

We reserve the right, at our sole discretion, to change the terms and conditions of these Terms of Use from time to time, with or without prior notice of such changes or revisions to you, and your continuing use of our website constitutes your acceptance of and agreement to any changed terms and conditions. We will prominently post any changes to these Terms of Use on the Stone Clinic website.

We may include a variety of information and content on our website, including opinions, articles, data, references, interactive community tools and advertising. This website may also contain general information relating to medical and/or healthcare conditions, their treatment, and healthcare services and/or supplies. Additionally, physicians and other healthcare professionals and members of the medical or healthcare community may contribute such information and articles to the website.

Stone Clinic is not a licensed healthcare provider. ALL INFORMATION AND CONTENT IS PROVIDED FOR GENERAL INFORMATIONAL AND EDUCATIONAL PURPOSES ONLY AND IS NOT MEANT TO BE AND IS NOT A SUBSTITUTE FOR PROFESSIONAL ADVICE, DIAGNOSIS OR TREATMENT PROVIDED BY A PHYSICIAN OR OTHER QUALIFIED AND LICENSED HEALTHCARE, CLINICAL OR MEDICAL PROFESSIONAL PURSUANT TO PERSONAL IN-PERSON EXAMINATION AND PROFESSIONAL CONSULTATION. The information and content is neither intended to dictate what constitutes reasonable, appropriate or best care for any given health issue, nor is it intended to be used as a substitute for the independent judgment of a physician or other healthcare professional for any given health issue.

STONE CLINIC DOES NOT ENDORSE NOR IS IT RESPONSIBLE FOR THE ACCURACY, RELIABILITY, CURRENTNESS, COMPLETENESS OR TIMELINESS OF ANY OPINION, ADVICE OR STATEMENT FROM ANY THIRD PARTY (OTHER THAN STONE CLINIC) ON STONECLINIC.COM. THE PROVISION OF OPINIONS, ADVICE OR STATEMENTS ON OR THROUGH THE WEBSITE AND ITS FEATURES CONTRIBUTED OR OTHERWISE COMMUNICATED BY A PHYSICIAN, ANY HEALTHCARE PROFESSIONAL OR OTHER MEMBER OF THE MEDICAL OR HEALTHCARE COMMUNITY IS FOR GENERAL INFORMATIONAL AND EDUCATIONAL PURPOSES ONLY AND IS NOT INTENDED TO AND DOES NOT CREATE OR OTHERWISE CONSTITUTE A PHYSICIAN-PATIENT OR CLINICIAN - PATIENT RELATIONSHIP.

Stone Clinic does not recommend or endorse any specific tests, physicians, products, procedures, opinions, or other information that may be mentioned on this website. Reliance on any information provided by Stone Clinic, employees of Stone Clinic, others appearing on the website at the invitation of Stone Clinic, or other visitors to the Stone Clinic website is solely at your own risk.

WE DO NOT MAKE ANY REPRESENTATIONS, ASSURANCES, WARRANTIES OR GUARANTEES RELATED TO OUR WEBSITE OR THE INFORMATION AND CONTENT THEREON OR COMMUNICATED THROUGH ITS FEATURES, INCLUDING THE ACCURACY, RELIABILITY, COMPLETENESS, CURRENTNESS OR TIMELINESS OF THAT INFORMATION. WE SPECIFICALLY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

While we hope you find it helpful, you should not use the information contained herein for diagnosing a health problem, disease or condition or for selecting a specific course or method of treatment. If you are a healthcare consumer, you should evaluate the information together with your physician and/or another qualified healthcare professional. Healthcare consumers should not rely on the information on this website as professional medical advice or use it to replace any relationship with your physician or other qualified healthcare professional. It is you and/or your physician’s responsibility to evaluate the information provided on this website. For medical concerns and/or decision making, including decisions about medications, surgery and other treatments, individuals should always consult with their physician or, in serious cases, seek immediate assistance from emergency personnel. Never disregard professional medical advice or delay in seeking it because of something you have read on this website. HEALTHCARE CONSUMERS WHO USE THE INFORMATION FROM THIS WEBSITE DO SO AT THEIR OWN RISK.

If you are a healthcare professional, you should exercise your professional judgment in evaluating any information, and we strongly encourage you to confirm the information contained on our website with other sources before undertaking any course of action based on it. Healthcare professionals using this website should remember that this information is not meant to serve as a substitute for your medical or clinical judgment as a healthcare professional. A healthcare professional’s use of or reliance upon the information from this website in connection with the diagnosis and/or treatment of a patient should be at the sole discretion of such healthcare professional, exercising his/her own independent professional judgment in providing care to the patient.

You may use this website only in accordance with and subject to these Terms of Use and our Privacy Policy. You may not use this website for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of Stone Clinic or others.

Notwithstanding any other rights or restrictions in these Terms of Use, you shall not use this website to: (1) transmit via or through the website, any information, data, text, images, files, links, or software except in connection with your authorized use of this website or otherwise in response to specific requests for information by us; (2) violate any laws, third party rights, or Stone Clinic’s policies; (3) introduce to this website or any other computer or website viruses, worms, Trojan horses, and/or harmful code; (4) obtain unauthorized access to any computer system; (5) impersonate any other person; (6) invade the privacy of any person or entity; (7) misrepresent the identity of a user of StoneClinic.com or use a false email address; (8) tamper with or obtain access to this website or any element of the website; (9) conduct fraudulent activities; or (10) collect or harvest information regarding other users of the Stone Clinic website for any reason whatsoever, including, without limitation, for sending such users unsolicited commercial email.

If you establish or register for any type of account with or through the Stone Clinic website, you must maintain the confidentiality of your account and password. You are responsible for all activities that occur under your account or password. You are required to immediately notify us in the event of any unauthorized access or use of your account or other breach of security. We are not liable for any damages or losses caused by unauthorized access or use of your account. You may be liable if Stone Clinic or any other party suffers any damage or loss due to unauthorized access or use of your account.

The Stone Clinic website is available to users who are at least 18-years-old, and who have not been prohibited by Stone Clinic from using this website for any reason. Minors may use this website if approved consent is obtained. By using the Stone Clinic website you represent that you are at least 18-years old, or, for minors, have approved consent. If you do not qualify to use the Stone Clinic website, you may not use the Stone Clinic website. As a user of the Stone Clinic website, you agree to provide true, accurate, current, and complete information about yourself if/when prompted by the Stone Clinic website's registration/consultation/inquiry form, and you agree to use this website for your own personal use and not for commercial purposes. Use of the website is void where prohibited by law. Stone Clinic reserves the right to revoke or prohibit your use of this website for any reason at any time, without notice.

Stone Clinic is committed to protecting the privacy of children and conforms to the Children's Online Privacy Protection Act (COPPA). This website is not intended or designed to attract children under the age of 13. We do not collect personally identifiable information from any person we actually know is a child under the age of 13 without parental consent. When we do receive information (with parental consent) from users under the age of 13, we will never voluntarily share their personally identifiable information with third parties, regardless of their stated preference given at registration. Please also see our separate Privacy Policy.

YOUR USE OF STONECLINIC.COM IS AT YOUR OWN AND SOLE RISK.

This website and the information and content are provided on an "as is" basis. STONE CLINIC, ITS SUBSIDIARIES, ITS AFFILIATES, ITS LICENSORS, ITS SERVICE PROVIDERS, AND ITS SUPPLIERS, OR ITS AND THEIR RESPECTIVE MANAGERS, MEMBERS, OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES OR AGENTS TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES' RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE. Without limiting the foregoing, STONE CLINIC, ITS SUBSIDIARIES, ITS AFFILIATES, ITS LICENSORS, ITS SERVICE PROVIDERS, AND ITS SUPPLIERS, OR ITS AND THEIR RESPECTIVE MANAGERS, MEMBERS, OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES OR AGENTS make no representations or warranties as to either (1) the accuracy, reliability, completeness, or timeliness of the website’s information, content, software, text, graphics, links, or communications provided on or through the use of the website or STONE CLINIC, or (2) the satisfaction of any government regulations requiring disclosure of information on prescription drug products, specific medical technology, medical treatment or the approval or compliance of any software tools with regard to the information and content contained on the website.

IN NO EVENT SHALL STONE CLINIC, ITS SUBSIDIARIES, ITS AFFILIATES, ITS LICENSORS, ITS SERVICE PROVIDERS, AND ITS SUPPLIERS, OR ITS AND THEIR RESPECTIVE MANAGERS, MEMBERS, OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES OR AGENTS, BE LIABLE TO YOU OR ANY THIRD PERSON OR ENTITY FOR ANY LOSS OR INJURY OR FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL OR ANY OTHER DAMAGES WHATSOEVER ARISING OUT OF OR OTHERWISE RESULTING FROM YOUR USE OR MISUSE OF THIS WEBSITE AND ITS FEATURES, INCLUDING, WITHOUT LIMITATION, WITH REGARD TO ANY OMISSIONS, ERRORS OR INACCURACIES OF INFORMATION AND CONTENT, ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, OR THAT MAY RESULT FROM ANY PERSON FOLLOWING THE INFORMATION OFFERED OR PROVIDED THROUGH STONECLINIC.COM. THE FOREGOING LIMITATION OF LIABILITY INCLUDES, BUT IS NOT LIMITED TO, ANY AND ALL ECONOMIC LOSS, PERSONAL INJURY, ILLNESS OR DEATH OR LOSS, LIABILITY OR DAMAGE OF ANY KIND, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT STONE CLINIC IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Any claims arising in connection with your use of this website, and/or any website information or content, must be brought within one (1) year of the date of the event giving rise to such action occurred. In all cases, STONE CLINIC, ITS SUBSIDIARIES, ITS AFFILIATES, ITS LICENSORS, ITS SERVICE PROVIDERS, AND ITS SUPPLIERS, OR ITS AND THEIR RESPECTIVE MANAGERS, MEMBERS, OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES OR AGENTS shall be liable only to the extent of actual damages incurred by you, not to exceed U.S. $1,000.00. Remedies under this Agreement are exclusive and are limited to those expressly provided for in this Agreement. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

YOU SPECIFICALLY ACKNOWLEDGE THAT STONE CLINIC SHALL NOT BE LIABLE FOR USER MESSAGES, POSTINGS, OR SUBMISSIONS OR FOR THE DEFAMATORY, LIBELOUS, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

StoneClinic.com may contain links to external websites (owned and operated by third parties) that are neither the responsibility nor under the control of Stone Clinic. Similarly, this website may be accessed from third-party links over which Stone Clinic has no control. Stone Clinic cannot attest to the accuracy, reliability, currentness, timeliness or completeness of the information on any other website -- the information provided is entirely the responsibility of the operator of the external website visited and Stone Clinic shall have no liability for any losses, damages or injuries of any kind arising from such third party content or information. Further, Stone Clinic does not endorse any content or information on such websites or any commercial products or services that might be advertised or sold on these external websites. In the event that any external website relates to the provision of medical, healthcare or related services and/or items - or any other product or service - a link to such third party website on StoneClinic.com does not constitute a recommendation by Stone Clinic of the healthcare provider or supplier or an endorsement of or representation about the quality of their products, services, qualifications, credentials or experience.

YOU ASSUME THE SOLE RISK OF ACCESSING SUCH WEBSITES AND/OR PURCHASING OR OTHERWISE UTILIZING SUCH THIRD PARTY PRODUCTS AND/OR SERVICES.

You understand that paid sponsorships and advertising may be used to supplement the information, content and materials available on StoneClinic.com. Stone Clinic is not responsible for the information, content, advertising, products, services or other materials made available by any third party that are advertised or otherwise distributed through the Stone Clinic website. Stone Clinic is not responsible for the content of any third-party sponsor’s or advertiser’s website to which StoneClinic.com links. In all cases involving materials available on or otherwise distributed through the Stone Clinic website, the disclaimers, limitations of liability and other provisions of these Terms of Use shall apply. With respect to any other content, products, goods or services available on any third-party website, under no circumstances will Stone Clinic be held responsible or liable, directly or indirectly, for any loss, injury or damage of any kind that is caused in connection with the use by you of, or reliance on, any such materials. You should direct any and all issues and concerns to such third party.

By submitting information through StoneClinic.com, you consent to receive email or telephonic communications from us. When you use StoneClinic.com or send emails to Stone Clinic, you are communicating with Stone Clinic electronically. Stone Clinic will communicate with you by email, telephone or by posting notices on our website. You agree that all agreements, notices, disclosures and other communications that are provided to you electronically satisfy any legal requirement that such communications be in writing.

Use by covered entities strictly prohibited

BY AGREEING TO THESE TERMS OF USE AND USING STONECLINIC.COM, ANY AND ALL INDIVIDUALS OR ENTITIES WHO OR WHICH ARE SUBJECT TO HEALTH PRIVACY STATUTES, REGULATIONS OR OTHER PRIVACY LAWS (E.G., “COVERED ENTITIES” UNDER HIPAA), WHETHER FEDERAL, STATE OR LOCAL, HEREBY ACKNOWLEDGE, UNDERSTAND AND AGREE THAT STONECLINIC.COM STRICTLY PROHIBITS THE ENTRY OF “PROTECTED HEALTH INFORMATION” (PHI) BY SUCH COVERED ENTITIES INTO STONECLINIC.COM WHETHER OR NOT ON BEHALF OF ANY STONECLINIC.COM USERS OR REGISTRANTS. “PROTECTED HEALTH INFORMATION,” OR PHI, IS DEFINED BY THE REGULATIONS OF THE HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT (HIPAA), SET FORTH IN 45 C.F.R. PARTS 160 THROUGH 164, AND IN ACCORDANCE WITH ANY OTHER FEDERAL, STATE OR LOCAL LAWS AND REGULATIONS, AND ANY AMENDMENTS THERETO, PROMULGATED BY THE UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES AND/OR ANY OTHER FEDERAL, STATE OR LOCAL ADMINISTRATIVE AGENCY, REGULATORY OR LEGISLATIVE BODY, RELATING TO THE PRIVACY OF HEALTH INFORMATION. INDIVIDUALS OR ENTITIES SUBJECT TO SUCH HEALTH PRIVACY LAWS, AND ALL OTHER USERS OR REGISTRANTS FURTHER ACKNOWLEDGE, UNDERSTAND AND AGREE THAT, EXCEPT AS OTHERWISE ESTABLISHED PURSUANT TO A SEPARATE AGREEMENT, STONE CLINIC IS NOT A “BUSINESS ASSOCIATE” OF ANY SUCH PARTIES UNDER HIPAA AS THAT TERM IS DEFINED BY 45 C.F.R. 160.103.

Use by users or registrants

BY AGREEING TO THESE TERMS OF USE AND USING STONECLINIC.COM, USERS AND REGISTRANTS HEREBY ACKNOWLEDGE, UNDERSTAND AND AGREE THAT NEITHER STONE CLINIC NOR THE STONE CLINIC WEBSITE ARE a "covered entity," “health information organization,” OR “business associate” as those terms are defined under HIPAA and the Health Information Technology for Economic and Clinical Health Act and its implementing regulations (HITECH). USERS AND REGISTRANTS further acknowledge, understand and agree that any personal health information submitted by User or registrant and maintained by Stone Clinic shall not constitute a “medical record” “electronic medical record” or “personal health record” as those terms are defined under HIPAA and HITECH, and neither Stone Clinic nor the Stone Clinic website shall be considered vendors thereof. Accordingly, USERS AND REGISTRANTS HEREBY ACKNOWLEDGE, UNDERSTAND AND AGREE THAT Stone Clinic is not subject to, nor shall users or registrants be afforded any protections or rights under, HIPAA or HITECH. HIPAA and HITECH do not apply to the transmission of health information by Stone Clinic to any third party and under no circumstances shall Stone Clinic or the Stone Clinic website be liable for keeping private any Protected Health Information that you may disclose. Stone Clinic and the Stone Clinic Website make no warranties or representations pertaining to the confidentiality or safeguarding of Protected Health Information. the terms and conditions set forth in this paragraph b shall not apply where a separate business associate agreement is in place between Stone Clinic and a “covered entity” with respect to a user or registrant.

Any and all financial or legal content available on our website, including but not limited to financial information or data, legal information (including cases, statutes or regulations), summaries thereof or references thereto, editorial content and advertising, does not constitute investment or legal advice, nor is it an offer to buy or sell or a solicitation of an offer to buy or sell any security. SUCH INFORMATION IS PROVIDED FOR PERSONAL USE AND FOR GENERAL INFORMATIONAL AND EDUCATIONAL PURPOSES ONLY AND IS NOT MEANT TO BE AND IS NOT A SUBSTITUTE FOR PROFESSIONAL ADVICE PROVIDED BY A DULY LICENSED FINANCIAL OR LEGAL PROFESSIONAL. For legal advice or decisions, always consult a licensed attorney. For investment advice or decisions, always consult an appropriate professional investment advisor and/or accountant. Financial or legal content that appears on our website does not indicate that Stone Clinic endorses such content. In addition, Stone Clinic makes no representation that financial or legal information is accurate, reliable, current, timely or complete.

You acknowledge and agree that StoneClinic.com consists of proprietary property of Stone Clinic, its subsidiaries/affiliated/contracted entities, contracted physicians, other health care professionals, employees, and contractors, including any professional entity that may render services related to StoneClinic.com, and all of their subsidiary and affiliated entities and companies, protected under United States copyright law, trademark law and other laws of general applicability. You further agree that all right, title and interest in and to StoneClinic.com is and shall remain with Stone Clinic, its subsidiaries/affiliated/contracted entities, contracted physicians, other health care professionals, employees, and contractors, including any professional entity that may render services related to StoneClinic.com, and all of their subsidiary and affiliated entities and companies.

Stone Clinic owns and/or licenses the information and content on StoneClinic.com. All content on, as well as the design of, our website is protected under United States and international copyright laws. For information appearing on our website under license from a third party, all copyrights in that information remain with that third party. Except where otherwise noted, content on StoneClinic.com is licensed under a Creative Commons Attribution-NonCommercial-NoDerivs 3.0 Unported License. You must not remove any copyright notices from our materials. You are prohibited from selling our copyrighted property, rewriting or modifying it, or using it for any commercial purpose without our prior written permission.

In the event you believe that material or content published on the website may infringe on your copyright, or that of another, please notify us immediately by providing detailed written notice of such possible infringement to the attention of Andrew Rettek, by sending a detailed e-mail message (identifying the potentially infringing material with particularity, including the direct website link to such material where possible and/or other information reasonably sufficient to permit us to locate and identify the material) to info@StoneClinic.com.

Stone Clinic does not permit copyright infringing activities and infringement of other intellectual property rights on its website, and Stone Clinic will remove all such content and user submissions if properly notified that such content or user submission infringes on another’s intellectual property rights. Stone Clinic reserves the right to remove content and user submissions without prior notice. Stone Clinic will also terminate/cancel a user’s access to the website (or registration), if the user is determined to be a repeat infringer. A repeat infringer is a user who has been notified of infringing activity more than twice and/or has had a user submission removed from the website more than twice.

Stone Clinic owns the names we use for our products and services on our website, and these names are protected by United States and international trademark laws. All trademarks used on our website and downloadable materials, regardless of the presence or absence of the trademark symbol, are the property of their respective owners. You may use our trademarks for a non-infringing, non-commercial use, such as when discussing us with others, but you must not use our trademarks in a manner that misleads others as to ownership of those marks. Any other uses of our trademarks require our prior written approval.

The use or misuse of the trademarks or any other materials, except as permitted herein, is expressly prohibited and may be in violation of copyright law, trademark law, the law of slander and libel, the law of privacy and publicity, and communications regulations and statutes. Please be advised that Stone Clinic actively and aggressively enforces its intellectual property rights to the fullest extent of the law.

We may make software and accompanying documentation available for viewing, downloading and/or printing from our website. These materials are the copyrighted work of Stone Clinic, its subsidiaries/affiliated/contracted entities, contracted physicians, other health care professionals, employees, and contractors, including any professional entity that may render services related to StoneClinic.com, and all of their subsidiary and affiliated entities and companies, or of the individuals or companies that have licensed the software, databases or other products to us. We do not transfer any ownership rights in software, databases or documentation to you when you download it from our website; rather, you are allowed to access the software, data and documentation under the terms of a license agreement. You must read the license agreement that accompanies each product and indicate your agreement to those terms prior to downloading. You are not authorized to attempt to recreate or reverse engineer our software. In addition, software available on our website may be subject to United States export controls. By downloading or using such software, you are representing to us that your download of such software complies with these controls.

Stone Clinic operates the StoneClinic.com website from its offices within the State of California in the United States of America. The website can be accessed from any of the United States and from other countries worldwide. Since the laws of each state or country able to access the website may differ, by accessing the website both you and Stone Clinic agree that the laws and regulations of the State of New York, without regard to choice of law or conflict of law principles, will apply to all matters relating to use of our website. Any legal action or proceeding related to this website shall be brought exclusively in a federal or state court of competent jurisdiction sitting in Oakland, California.

This website and its contents are intended to comply with the laws and regulations of the United States. Although the information on this website is accessible to users outside of the United States, the information on the website pertaining to Stone Clinic products or services, or other products or services, is intended for use only by residents of the United States. Other countries may have laws, rules and regulatory requirements that differ from those in the United States. Stone Clinic makes no representation that materials on its website are appropriate or available for use in other locations, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this website from other locations do so at their own initiative and are responsible for compliance with the laws of their jurisdiction. Stone Clinic reserves the right to limit provision of our products or services to any person, entity, geographic region or jurisdiction and/or to limit the quantities of any products or services we provide. Any offer for any product or service made on this website is void where prohibited.

If any provision of these Terms of Use is held to be unlawful, void or unenforceable, then such provision shall be severable without affecting the enforceability of all remaining provisions.