Terms of Use

1. Acceptance of Terms

These Terms of Use ("Terms") constitute a legally binding agreement between you ("User," "you," or "your") and ER Times ("Company," "we," "us," or "our") governing your access to and use of the ER Times website, applications, content, tools, and all related services (collectively, the "Platform").

Your access to and use of the Platform is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users, and others who access or use the Platform. By using the Platform, you represent that you are at least 18 years of age and have the legal capacity to enter into a binding agreement.

2. No Medical Advice — Critical Disclaimer

ER Times is an independent media and information company. We are not a hospital, medical practice, licensed healthcare provider, or any form of medical entity. No physician-patient relationship, nurse-patient relationship, or any other healthcare provider relationship is created by your use of this Platform.

You must always seek the advice of a qualified, licensed healthcare professional for any questions regarding a medical condition, treatment, or medication. Never disregard professional medical advice or delay seeking it because of something you have read on this Platform.

IN A MEDICAL EMERGENCY, CALL 911 OR YOUR LOCAL EMERGENCY NUMBER IMMEDIATELY. Do not rely on this Platform in any emergency situation. ER Times expressly disclaims all responsibility for any action taken or not taken based on content found on this Platform.

3. Content Accuracy and Completeness

While we strive to provide accurate, current, and reliable information, ER Times makes no representations or warranties of any kind, express or implied, regarding the accuracy, completeness, reliability, suitability, or availability of any content on the Platform. Medical knowledge evolves rapidly, and information that was accurate at the time of publication may become outdated.

All content is provided "AS IS" and "AS AVAILABLE" without warranty of any kind. We expressly disclaim all warranties, whether express, implied, statutory, or otherwise, including but not limited to implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.

4. Comprehensive Limitation of Liability

In jurisdictions that do not allow the exclusion or limitation of certain damages, our liability shall be limited to the fullest extent permitted by applicable law. In no event shall the total aggregate liability of the Released Parties to you for all claims exceed one hundred U.S. dollars ($100.00), regardless of the form of action.

5. Indemnification

You agree to defend, indemnify, and hold harmless ER Times and all Released Parties from and against any and all claims, damages, obligations, losses, liabilities, costs, debts, and expenses (including but not limited to attorneys' fees, court costs, and expert witness fees) arising from: (a) your use of and access to the Platform; (b) your violation of any provision of these Terms; (c) your violation of any third-party rights, including intellectual property or privacy rights; (d) any claim that your use of the Platform caused damage to a third party; (e) any medical decision or action you took or failed to take based on content found on the Platform; or (f) any content you submit to the Platform. This indemnification obligation survives termination of these Terms and your use of the Platform.

6. Assumption of Risk

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE PLATFORM AND RELIANCE ON ANY CONTENT THEREIN IS ENTIRELY AT YOUR OWN RISK. You assume full and complete responsibility for all risks associated with your use of the Platform, including but not limited to any health, medical, financial, legal, or personal risks. ER Times expressly disclaims all responsibility for any outcome resulting from your use of or reliance on the Platform.

7. Intellectual Property

All content on the Platform, including but not limited to text, graphics, logos, images, audio clips, data compilations, and software, is the property of ER Times or its content suppliers and is protected by applicable intellectual property laws. You are granted a limited, non-exclusive, non-transferable, revocable license to access and use the Platform for personal, non-commercial purposes only.

You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, transmit, or commercially exploit any content from the Platform without our prior written consent. Unauthorized use may give rise to a claim for damages and/or be a criminal offense.

8. Third-Party Links and Content

The Platform may contain links to third-party websites, resources, or services. These links are provided for convenience only. ER Times has no control over and assumes no responsibility for the content, privacy policies, or practices of any third-party sites. We do not warrant or make any representations regarding the accuracy, completeness, or reliability of any third-party content. Your use of third-party sites is entirely at your own risk and subject to the terms and conditions of those sites. We expressly disclaim all liability arising from your use of third-party sites or content.

9. User Conduct and Prohibited Uses

You agree not to use the Platform to:

• Violate any applicable local, state, national, or international law or regulation
• Transmit any unsolicited or unauthorized advertising or promotional material
• Impersonate any person or entity or misrepresent your affiliation
• Engage in any conduct that restricts or inhibits anyone's use of the Platform
• Introduce viruses, malware, or other harmful code
• Attempt to gain unauthorized access to any part of the Platform
• Scrape, crawl, or harvest data from the Platform without written permission
• Use the Platform for any commercial purpose without our written consent

10. Disclaimer of Endorsement

Reference to any specific products, services, processes, organizations, or other information by trade name, trademark, manufacturer, or otherwise does not constitute or imply endorsement, recommendation, or sponsorship by ER Times. Opinions expressed by contributors, guest authors, or third parties are their own and do not represent the views of ER Times. We expressly disclaim all liability for any reliance placed on such opinions or endorsements.

11. Dispute Resolution — Binding Arbitration

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS.

Any dispute, claim, or controversy arising out of or relating to these Terms or the Platform shall be resolved exclusively through final and binding arbitration, rather than in court, except that you may assert individual claims in small claims court if your claims qualify.

Waiver of Class Actions: YOU AND ER TIMES AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

Waiver of Jury Trial: YOU AND ER TIMES HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR JURY. All disputes shall be resolved by a neutral arbitrator, whose decision shall be final and binding.

12. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of the United States and the State of Delaware, without regard to its conflict of law provisions. To the extent any dispute is not subject to arbitration, you consent to the exclusive jurisdiction of the state and federal courts located in Delaware and waive any objection to such jurisdiction or venue.

13. Termination

We reserve the right to terminate or suspend your access to the Platform immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms. Upon termination, your right to use the Platform will immediately cease. All provisions of these Terms which by their nature should survive termination shall survive, including ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

14. Modifications to Terms

We reserve the right to modify these Terms at any time, at our sole and absolute discretion, without prior notice. Modifications are effective immediately upon posting. Your continued use of the Platform following any modification constitutes your binding acceptance of the revised Terms. It is your sole responsibility to review these Terms periodically. If you do not agree to modified Terms, you must immediately cease all use of the Platform.

15. Severability and Entire Agreement

If any provision of these Terms is found to be unenforceable or invalid under applicable law, such provision shall be modified to the minimum extent necessary to make it enforceable, and the remaining provisions shall continue in full force and effect.

These Terms, together with the Privacy Policy, constitute the entire agreement between you and ER Times with respect to the Platform and supersede all prior and contemporaneous understandings, agreements, representations, and warranties.

16. Contact Information

For questions regarding these Terms, contact us at: [email protected]