Terms of Use

LAST REVISED 6/7/2023:

MODERN HEALTH TALK PROVIDES THIS SITE AND RELATED INFORMATION “AS IS” AND DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER WITH REGARD TO THIS WEBSITE OR ANY USE OF IT. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR USING THE INTERNET AND THIS SITE.

There, that’s the legal disclaimer. Your continued use of this site, however, is an agreement to abide by the terms described below. If you don’t agree or understand the terms, then please leave now. We forgive you.

Rather than hide behind legalese, like some other websites do, we offer this simplified agreement in English and hope you will actually read it and understand its terms. These terms cover:

  1. What We’re About
  2. YOUR Responsibilities (Civility, Copyrights, Licenses & Idea Submissions)
  3. OUR Responsibilities (privacy, changes, no warranty, links & 3rd-party content)
  4. Dispute Resolution

1. What Modern Health Talk is About

This is the website of Modern Health Talk, LLC. If you have questions, suggestions, or complaints, send an email to Wayne Caswell or by phone him at 512-507-6011. Our postal address is:

Modern Health Talk
28946 Copper Ridge Dr
Fulshear, TX 77441 USA

Modern Health Talk provides an online community with open discussions and general information about technologies for home healthcare, aging in place and people with disabilities. The purpose of this community is to help address issues and matters of concern to seniors, their caregivers, and families, but it should NOT take the place of professional advice. Instead, the information and material is offered to foster your own critical thinking and dialogue.

2. YOUR Responsibilities

BE DILIGENT – It is solely your responsibility to evaluate the accuracy, completeness and usefulness of opinions, advice, services, merchandise, and other information provided on this site or others linked from it.

BE CAUTIOUS – It is solely your responsibility to protect your personal or health information. Do not post personal information such as addresses, phone numbers, etc. In general, do not post information that you don’t want others to see. HIPAA privacy laws do not apply to Modern Health Talk. To learn about your health information privacy rights, visit the U.S. Health & Human Services.

It is also your responsibility to protect your computer. As a community website, much of the information is added by third parties. Modern Health Talk does not endorse or guarantee the information presented on this site or on any website linked from here, and we cannot guarantee that this site will be free of infection from viruses, worms, Trojan horse or other malicious code.

BE CIVIL – Modern Health Talk encourages you to express your opinions by posting comments and asking or answering questions, but we want to maintain a civil dialogue where readers feel comfortable. So please follow these basic rules:

  • Make sure posts are on topic, clear and to-the-point.
  • Maintain a positive and constructive tone.
  • Be respectful of others and their opinions.
  • Do not post anything that isn’t safe for kids or employees at work. Think PG-13.
  • Do not engage in conduct that is: unlawful, deceptive, fraudulent, threatening, abusive, harassing, degrading, intimidating, defamatory, libelous, victimizing, obscene, pornographic, tortuous, or invasive of another’s privacy.
  • Do not advertise or promote products and services where you profit from the referral. This means references to other sites must be on topic, such as a product review, lower price found, or articles interesting to Modern Health Talk readers.
  • Do not post fake reviews (good or bad) of products or services you’ve not personally seen or used. It’s OK to post what you’ve heard, just please make that clear.
  • We recognize spam and forum vandalism and will ruthlessly destroy it.
  • Do not post copyrighted materials.

RESPECT COPYRIGHTS & TRADEMARKS – The information provided on Modern Health Talk are for your personal, noncommercial use. We reserve all rights to this information as protected by copyright laws, however we encourage Fair Use sharing of our original content as long as you provide clear attribution and link back to this site. This is meant to facilitate the use of Twitter, Facebook and other social media for telling others that you saw something interesting here.

COPYRIGHT – Section 107 of the Copyright Act 1976 makes allowances for “fair use” for purposes such as criticism, comment, news reporting, teaching, scholarship, and research. Fair Use is a use permitted by copyright statute that might otherwise be infringing. Non-profit, educational or personal use tips the balance in favor of fair use.

LICENSE – You give us the rights to use any materials or other information that you post or submit and use your name in connection with it. That means you agree to grant to Modern Health Talk a non-exclusive, royalty-free, worldwide, perpetual license, with the right to sub-license, to reproduce, distribute, transmit, create derivative works of, publicly display and publicly perform such materials or information, including ideas contained for new or improved products and services. You also grant Modern Health Talk the right to use your name in advertising, marketing or and promotional materials in connection with the materials and information you post or submit. NET: If you don’t want us to use it, don’t post it or send it to us. (That’s a moot point, because Modern Health Talk is a not-for-profit organization with no employees, no revenue source, and no advertising.)

INDEMNIFICATION – If you break the rules or do anything that puts Modern Health Talk in legal hot water, you agree to protect us. Technically, that means you agree to indemnify, defend and hold harmless Modern Health Talk, its officers, directors, employees, agents, licensors, suppliers and any third party information providers from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees. (Again, that’s a moot point, because Modern Health Talk is a not-for-profit organization with no employees.)

3. OUR Responsibilities

PROTECT YOUR PRIVACY – We collect names and e-mail addresses of those who post comments to our blog and messages to our discussion forums, as well as those who communicate with us via e-mail or respond to surveys or other information requests. The information we collect may be used to improve the website and notify users of updates to the site. It may also be shared with third parties who help us on a volunteer or contractual basis, but it is not sold or shared with organizations for purpose of marketing or spam.

If you do not want to receive communication from us by email, postal mail or phone, then you may contact us to say so. Just opt-out and ask to be removed from our database. We will comply but can’t guarantee it will be immediate.

PROTECT THE COMMUNITY – We reserve the right without notice to remove any material, including posted articles, comments, or discussion content that does not pertain to the designated topic or theme of the discussion, or that has become stale and obsolete. We also reserve the right to deny or restrict user access to Modern Health Talk at any time and any reason, including failure to comply with the terms of this agreement.

CHANGES TO TERMS – We can’t anticipate all future uses of user information and reserve the right to change the terms of this agreement at our own discretion and without notice. If you are concerned about how your information may be used in the future, you should re-read this agreement periodically.

PROTECT COPYRIGHTS & TRADEMARKS – Modern Health Talk strives to protect information and materials that are copyrighted or trademarked by third parties, but we don’t always display the copyright, trademarks and service mark symbols. We do attempt to get permission to use copyrighted materials and offer appropriate attribution. If you believe any site content infringes on your copyright, please contact us, and we’ll be happy to remove it.

WARRANTY –Modern Health Talk should never be used as a substitute for the advice, diagnosis, treatment, or opinion of your own medical, legal, or financial professional. You should seek the assistance of competent professionals before making important decisions about your health and life. We make no guarantee, warranties, representations or endorsements whatsoever with regard to this website or any use of it, even for content we write and post. We attempt to ensure that this site operates properly with information that is accurate, errors, omissions, and other inaccuracies are possible.

LINKS & 3RD-PARTY CONTENT – Modern Health Talk includes links to many other websites for further information. If you click on one of those links, you may be taken off of our site and onto a site offered by a third party that is not controlled by us. Each site may have different Terms of Use and privacy policies, and we make no guarantee, warranties, representations or endorsements of those sites. We cannot ensure your satisfaction from any products or services purchased from a third party.

4. Dispute Resolution

COMPLAINTS – If you feel that Modern Health Talk is not following its stated information policy, you may contact us at the above addresses or phone number. You may also contact your state or local consumer protection office or the Federal Trade Commission by phone at 202-FTC-HELP (202-382-4357) or electronically at http://www.ftc.gov/ftc/complaint.htm.

MEDIATION & ARBITRATION – Any dispute that cannot be resolved on our own is subjected to mediation, where a neutral and unbiased third party helps negotiate a fair compromise. If a resolution is not reached through mediation, the next step is binding arbitration, where the mediator becomes an arbitrator and can seek additional evidence as needed and render a legally binding decision.