Policies

The following contains this website’s Privacy Policy, Participation Policy, and Terms of Use. Use of this Website is an acknowledgement and acceptance of the following Terms of Use, Participation Policy, and Privacy Policy.

Privacy Policy

This Privacy Policy covers how we treat personal information that we collect and receive at the Overcoming Stroke website (the “Website”), including information related to your past use of our products and services. This Privacy Policy incorporates by reference the Terms of Use.

This Policy does not cover how we treat personal information we obtain from other sources, such as offline, on other websites or through email communications. This Policy also does not apply to the practices of companies that we do not own or control or to people that we do not employ or manage.

Information Collection and Use (General). We collect personal information if you register and complete your user profile with us. Personal information is information about you that is personally identifiable, like your name, address, and email address or phone number.

When you register, we ask for information such as your name and email. If you register with us and sign in, you are not anonymous to us.

If you choose to make a purchase or receive a service or resource from us, to verify your identity, we may ask your name, age, location, physical address, web address, phone number, and credit card number. We may also ask for demographic information like age, gender, location and income level to show more relevant and targeted content, but providing this information is optional.

We automatically receive and record information on our server logs from your browser, including your IP address, our cookie information (if any) and the page you request.

We use information for the following general purposes: fulfill your requests for products and services, customize the content you see, improve our services, contact you, conduct research and provide anonymous reporting for internal and external clients.

Information Collection and Use (Children). People of all ages can read, view, print and download information on the Website. However, we do not allow children under age 18 to register for an account, and we do not knowingly collect personal information from children under 18.

If you are a parent and suspect that your child has provided us with personally identifiable information, please notify us by going to the Contact Us area of the Website.

Information Sharing and Disclosure. We are not in the business of renting or selling personal information you provide on the Website with other people or non-affiliated companies. We do share your information to provide products or services you have requested, when we have your permission, and under the following circumstances:

  • We provide the information to trusted partners who work with us and are covered under our confidentiality agreements. These companies may use your personal information to help us communicate with you about offers from us and our marketing partners. However, these companies do not have any independent right to share this information.
  • We may share names and emails of members who join us as part of a co-branded partnership with us with that specific partner.
  • We may share your contact information with contractors for the purpose of order fulfillment or for the purpose of identity or credential verification. Payment details will not be shared.
  • We may share aggregate demographic information with third parties such as the media and government agencies. This aggregate information is typically in the form of statistics, such as number of users of the Website in a particular age group. Such aggregate information is not traceable back to you as an individual.
  • We may share your information to respond to subpoenas, court orders, legal process or to otherwise cooperate with law enforcement agencies or officials, or to establish or exercise our legal rights or defend against legal claims.
  • We may share your information if we believe it is necessary in order to investigate, prevent or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, violations of our Terms of Use or as otherwise required by law.
  • We will transfer information about you if we are acquired by or merged with another company. In this event, we will notify you before information about you is transferred and becomes subject to a different privacy policy.

Cookies. We set and access cookies on your computer. A cookie is a small bit of information used by the Website to track your session. It does not contain any sensitive information. No other websites can access cookies set by us, nor can our Website access cookies set by other websites.

Most browsers are initially set up to accept cookies, but you can reset your browser to refuse (disable) all cookies or to indicate when a cookie is being sent, giving you the option to accept or reject the cookie. However, some of our features and services may not function properly if your cookies are disabled.

Log Information. When you use the Website, our servers automatically record information in a server log that your browser normally sends whenever you visit a website. These server logs include information such as your web request, IP address, browser type, browser language, the date and time of your request and one or more cookies that may uniquely identify your browser.

Account Information and Communications. You can edit your Website account information at any time by logging in to the Website and entering the My Control Center area.

You may opt out of receiving our marketing materials by logging in to the Website, entering My Control Center and editing your email preferences. Please note that even if you do opt out of receiving marketing materials, we reserve the right and will continue to send you certain infrequent communications relating to our service and/or your Website account, such as service announcements and administrative messages that are considered part of your Website account, without offering you the opportunity to opt out of receiving them.

Confidentiality and Security. We limit access to personal information about you to employees and contractors who we believe reasonably need to come into contact with that information to provide products or services to you or in order to do their jobs. We will use reasonable security measures to protect against any unauthorized access to and disclosure of your personal information. However, please note that we cannot guarantee its absolute security.

Your Website account information is password protected.

In certain areas, we use industry-standard SSL encryption to protect data transmissions.

Data you provide to us will be stored on our servers located either in our offices in North Carolina, or elsewhere in the United States. However, the Internet is worldwide and by providing us with your information, you understand and consent to the international transfer of your data to servers, routers and cables that may be in international locations.

You should take steps to protect yourself as well. For example, do not share your password with anyone else and take measures to prevent it from unauthorized access or disclosure.

To learn more about how to protect yourself online, visit the U.S. Government website www.onguardonline.gov   

Links. We may post links to other websites as a service to you. These websites are operated by companies that are outside of our control, and your activities at those sites will be governed by the policies and practices of those third parties. We encourage you to review the privacy practices of these third parties before disclosing any personally identifiable information. We are not responsible for the privacy practices of those third-party websites, even if you got to those websites from our Website.

Changes to this Privacy Policy. This Policy is effective as of January 1, 2014. We may update this Policy at any time. We will notify you about significant changes in the way we treat personal information by sending a notice to the primary email address specified in your Website account or by placing a prominent notice on our Website.

Questions. To contact us for more information about this Privacy Policy or how your information is treated, please contact us by going to the Contact Us area of the Website.

Participation Policy

This Participation Policy incorporates by reference the Terms of Use. In all cases, you must use the Website in a manner consistent with any and all applicable laws and regulations. The following information includes principles for using the Website.

Bring your best: Help create original works that are accurate, complete and impactful.

No plagiarism. Any content or comments you submit to the Website should be the result of your personal participation in the creation of the work. The Website is not a place to simply republish the work of others. We welcome the republication of your previously completed work. Accuracy must be an essential element of all content and comments on the Website. Your work should draw a distinct line between opinion and fact. Opinions are welcome, but you should not offer opinion as fact. Furthermore, data and results lead to conclusions, not vice versa. Data and results should be properly cited and referenced or independently reproducible and verifiable. We do not subscribe to the notion that inaccurate information can serve as a placeholder for future corrections. There is no window of acceptability where known inaccuracies can be on the Website, even if the inaccuracy is likely to be quickly corrected. Also, we do not believe that accuracy is solely derived from a widely-held consensus.

Be yourself: Use your real identity and be transparent in your content and comments.

When you contribute content or comments, you must use your real name. The public will see your real last name (surname), but you may use initials for your first and middle names, or a nickname. We respect the importance of anonymity and the role it plays in garnering independent thought and free expression. However, we believe that there are already ample opportunities for anonymous questions and expression on the Internet.

An added dimension of using real identities is the transparency it brings to content and comments. Transparency refers to additional information about yourself and your work that others may consider relevant in their ability to rely on and interpret your work. It is rare that accomplished participants who are actively engaged in their areas of interest do not have connections, overlapping relationships, rivalries and personal, financial or philosophical interests in their work and in the related works of others. This type of information, when disclosed up front, generally has little to no impact on the willingness of others to rely on your work. Unmentioned or after-the-fact disclosures, however, can be devastating. Transparency is therefore an essential aspect of content and comments on this Website. “Being yourself” is more than simply using your real identity.

Respect privacy: Using your real identity does not mean giving up your privacy or that of others.

Visitors do not have to register or login to review and search the Website for answers, information and ideas. To make comments, visitors need to provide their real surname name (first name can be a nickname or initials) and a valid email address. Your name will be shown with the content or comment. The email address will not be shown on the Website unless you choose to add it in the content or comment. Beyond these required disclosures, anything else people disclose, and to whom it is disclosed, is done so at their sole discretion. Information they do not specifically disclose on the Website should be treated as personal and private; at a minimum, it should be protected to the same extent you would guard your own private information. In the event that you believe there is a violation of Website identity or transparency requirements, such as an undisclosed conflict of interest, use Contact information to express your concern and We will investigate and take appropriate action. A real or perceived violation of any Website policy does not justify disclosure of private and personal information.

Keep it positive, productive and respectful: Do not make personal attacks or say anything which is defamatory or libelous.

We welcome passionate debate and encourage innovative content and comments that extends beyond conventional thinking. Anywhere there is a wide range of opinions and perspectives, people will disagree and emotions will be engaged. Please keep in mind that debate is positive and productive only when participants feel welcome, safe and respected. Notwithstanding some tolerance for the time-honored tradition of harsh commentary for public figures, debate should always be even-tempered, courteous and respectful. Do not directly or indirectly threaten or verbally abuse other participants or what they care about. Do not deliberately disrupt or undermine content or comments by any means, including sending/uploading excessive or useless content or comments.

Due to the difficulty of anticipating the sensitivity of others, the best approach is always to comment on the message, not the messenger. For example: “The research may not be reliable” can be OK if done respectfully; “the researchers may not be reliable” is never a good idea. Avoid qualitative characterizations about others, even characterizations which you think are positive. Remember that one person’s praise is another person’s scorn.

Nothing harmful or offensive: Do nothing criminal, deceptive, hateful, objectifying, offensive, perverse or pornographic.

Keep in mind that this is an open access Website. While you must be 18 or older to join discussions and contribute content and comments, and visitors under 13 must have parental consent to view the Website, it is possible visitors of all ages might view content and comments. Offensive material is therefore not permitted on the Website. Offensive material includes cursing, swearing, foul-mouthed remarks, defamatory or demeaning references, or words, language, slang, text, symbols, media or materials that are derogatory to others or anything that is gratuitously threatening, provocative or inflammatory. Substituting special characters for particular letters in offensive words does not make the word OK when it is readily apparent that the intended word is an offensive word. Similarly, partial obfuscation of offensive material does not automatically render the material inoffensive.

Offensive material also includes anything that encourages or sanctions abuse, cruelty, denigration, discrimination, harm, hate or violence on any person or group or the things they care about (symbols and objects of faith, pets and animals, home and property, etc.), especially if it is on the basis of age, race, religion, nationality, immigration status, gender, sexual preference, disability, etc. Offensive material includes any and all forms of pornography, anything that objectifies people in a sexual context, bestiality or anything that envisions or encourages high-risk or age-inappropriate sexual behaviors. Since offensiveness can be subjective, it is best to consider offensiveness the purview of the recipient, not of the sender. If an individual is offended, especially if that individual is part of a group whose members would likely also be offended, then the content of comment is likely offensive.

We do not edit, change or rewrite offensive material, nor do we mediate or negotiate between offending and offended parties. We do investigate reports and determine compliance with this Policy. Based on our determination, we will either leave or remove the content or comment in question, and then take appropriate action regarding the person involved in the offensive material.

No blatant commercialism: Disclose any conflicts of interest and do not participate in solicitation or spamming.

Recognition as an accomplished participant providing content and comments sought by others will certainly have commercial implications, but all such implications must be secondary to the content and comment. All content and comments must comply with the FTC Guidelines for Endorsements and Testimonials. Do not directly solicit, through the use of content or comments for commercial purposes, such as the providing, recruiting or selling of goods or services. Do not submit sales brochures disguised as content or comments. If you contribute content or comments related to a company, organization, service, technology or process in which you have a personal or commercial interest, this should be disclosed directly in the content or comment. Do not conduct membership drives, recruiting, contests, lotteries, fund raising or solicitation for contributions of any kind, whether the cause is commercial or charitable.

Be age appropriate: Do not solicit or collect personal information about people under the age of 18.

If you are 18 years old or older, do not use the Website to communicate, contact, engage, interact or solicit anyone under 18 years old for any personal, commercial, religious, political, medical, social or sexual purpose. Website Terms of Use prohibit any use of the site by anyone under 13 years old without parental consent, and persons less than 18 years old are not allowed to contribute content or comments. However, you cannot be assured that people of all ages will not be able to view your content and comments. You should make every effort to have your content and comments be appropriate for people of all ages. The Website should be a place where your kids can get help with their homework and parents can keep up with the latest information on their areas of interest.

Respect intellectual property: Honor copyright declarations. No declaration means that all rights are reserved.

Copyrights and intellectual property are places where it is better to ask for permission first, not forgiveness later. Copyright and intellectual property determinations are the purview of the content creators, not the content users. Respect the declaration and intentions of content creators. If the content creator fails to specify their intentions, or their specification is unclear, assume that the creator retains all copyright and intellectual property rights. Use the Website’s Contact page to report infringements on your copyright and intellectual property rights. For content from other websites, be sure to correctly cite the sources and authors of the content. Always comply with the fair use provisions of copyright law.

Include everyone: Avoid codes, ciphers, language or slang that will limit understanding to only select participants.

Reliable knowledge content has long been associated with exclusivity and limited access. Historically, groups, organizations and institutions have protected the reliability of content by controlling membership and participation. The vision of this Website is that the policies, platform and tools are good enough to move from exclusivity toward inclusivity, while actually improving the reliability of content. By inclusivity, we mean that everyone who undertakes work that is compatible with Website Policies is welcome to put forth their best efforts. We ask that you join us in not doing anything that intentionally alienates, discourages, disenfranchises, isolates, puts off, shuts out or otherwise makes anyone feel unwelcome on the Website. Ultimately, there will be versions of this Website for a number of primary languages. However, Content should be submitted in the current version’s primary language (English).

We reserve the right to make additions and changes to the Participation Policy at any time, make changes retroactive to existing content, and make corrections, changes and updates to any policy, content, or comment on the Website with no notice beyond posting the changes on the Website.

Use Contact page to report any violations of this Participation Policy. We review these reports expeditiously and will take appropriate action as needed.

Terms of Use

You agree and understand that these Terms may be modified by us at any time without prior notice, and such modifications will be effective upon our posting of the new Terms and/or upon implementation of the changes on the Website. You agree to review the Terms periodically so that you are aware of any modifications. Your continued use of the Website after any modifications indicates your acceptance of the modified Terms.

Not Practicing Medicine or Any Other Profession. Generally, the Website operates where medicine ends and fitness and wellness begins. We are not practicing medicine, offering medical advice, or offering any other professional (legal, financial, etc.) advice or service. No accountant, doctor, lawyer, therapist, trainer, or any other professional relationship of any kind is established by the offering or use of anything in the Website. If you have access to professional support, the Website is meant to compliment that support, not replace it.

Anything learned at the Website should be discussed with professional support and reviewed in comparison with other authoritative sources whenever possible. Nothing in or about the Website is intended to diagnose, treat, cure or prevent any injury, disease, or medical condition.

The Website is not for everyone who has had a stroke and we do not focus on all dimensions of stroke, such as causes, prevention, and critical care. The Website’s focus is people who have a significant stroke disability, have reached the limits of their medical support, and who will settle for nothing less than a full recovery, no matter how long it takes.

For many, full recovery is an ambitious goal that requires a realistic and on-going self-assessment of your overall health, resources, support, perseverance, and patience. 

The Website is sharing personal experiences and knowledge we have accumulated from our own journey toward full recovery from a severe stroke, plus the content and comments of our participants. Content and comments from participants are moderated only for compliance with courtesy and decorum. The Website does not moderate for the truthfulness, accuracy, or usefulness of participants content and comments.

As with any attempt to learn from the experiences of others, there is a risk of less than desirable outcomes from using this knowledge because of unknown, or not fully understood, differences in circumstances among individuals.

Every stroke is different and no one can say what exactly will result from any particular recovery effort. Frustrating, but true, this also means it is very unlikely your requirements and results will precisely match those described on the Website. It is best to think of the Website as a tool kit containing many tools, some will help you, some will not… and some just should not be used in your situation.

You must at all times remain responsible for the choice and use of the tools used in your recovery.

Relationship. Both you and we acknowledge and agree that no partnership, agency, joint venture or employment relationship is formed between you and us by your comments, or participation on the Website or by providing content on the Website, and neither you nor we have the power or the authority to obligate or bind the other.

Rights. You represent and warrant that the content and comments that you provide to us for use on the Website: (a) is owned by you, or you have the full right to provide the content and comments to us and grant the license in these Terms; (b) does not infringe or misappropriate any copyright, trademark, trade secret or other intellectual property right; (c) does not violate any person’s right of privacy or publicity; (d) does not contain any unlawful, obscene, harassing, abusive, defamatory or libelous material; and (e) to the best of your knowledge, is accurate and complete. You also represent and warrant that your disclosure of content and comments to us for use on the Website is not in breach of any obligation of confidentiality that you have to any other person or organization.

Lawful Use. Our goal is to provide free and open access to high-value knowledge content and comments. To help us do this in a meaningful way, you agree that you will not use the Website in any unlawful manner or in any other manner that could damage, disable, overburden or impair the Website. In addition, you agree not to use the Website to upload, post, email, transmit or otherwise make available any content and comments that we deem to be harmful, threatening, abusive, harassing, vulgar, obscene, hateful or racially, ethnically or otherwise objectionable. Please be respectful of others.

Copyrights. Send claim of copyright infringement by email with “ATTN: Copyright Agent” in the subject to support address on Contact page. Your notice of claim of copyright infringement can also be sent by directing a letter to the following designated copyright agent:

Thinker Media, Inc.
Copyright Agent
1251 NW Maynard Road – Suite 201
Cary, NC 27513-8703
USA
(877)266-5301

Upon our receipt of a proper notice of claimed infringement, we will respond expeditiously to remove, or disable access to, the content and comments claimed to be infringing and will follow the procedures specified in the Digital Millennium Copyright Act (“DMCA”) to resolve the claim between the notifying party and the alleged infringer who provided the content and comments at issue.

Links to Other Websites. The Website contains links to other websites. We will attempt to tell you when you are leaving the Website, but there may be instances when we are unable to do so. We are not responsible for the content, accuracy or opinions expressed in other websites, and such websites are not investigated, monitored or checked for accuracy or completeness by us.

Inclusion of any linked website on or through the Website or Content does not imply approval or endorsement of the linked website by us. If you decide to leave the Website and access these third-party sites, you do so at your own risk.

Limitations of Liability. In no event will we be liable to you or any third person for any indirect, consequential, exemplary, incidental, special or punitive damages, including damages for any lost profits or lost data arising from your use of the Website, content or comments or your participation on the Website, even if we are aware or have been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, our liability to you for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the greater of: (a) the amount paid, if any, by you to us for your use of or access to the Website, content or comments that caused the damages; and (b) ten dollars ($10). Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions or limitations may not apply to you, and you may have additional rights.

Indemnity. You agree to indemnify and hold us and our directors, officers, agents, contractors, partners and employees harmless from and against any loss, liability, claim or demand, including reasonable attorneys’ fees, arising out of any claim, action, investigation or proceeding made or instituted by any third party due to or arising out of your use of the Website in violation of these Terms.

Disclaimer of Warranties. We do not warrant or covenant that the Website will be available at any time or from any particular location, will be secure or error-free, that defects will be corrected, or that the Website or Content is free of viruses or other potentially harmful components. We may also at our sole discretion modify or suspend the features, availability, operation and/or look and feel of the Website from time to time without notice to our users.

We are not responsible for any incorrect, inaccurate or misleading Content provided on the Website, including Content provided by Thinkers. We assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, the Website or the Content. We are not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment or software, or the failure of email on account of technical problems or traffic congestion on the Internet or at any website, including injury or damage to any person’s computer related to or resulting from Participating on the Website or downloading materials in connection with the Website or the Content.

Any Content downloaded or otherwise obtained through the use of the Website is accessed at your own discretion and risk, and you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material. Under no circumstances will we be responsible for any loss or damage, including personal injury or death, resulting from anyone’s use of the Website or Content or your Participation on the Website.

We are not responsible for the conduct, whether online or offline, of any user of the Website. The Website is provided “as is,” and we disclaim any and all warranties, whether express or implied, including without limitation, implied warranties of title, merchantability, fitness for a particular purpose, non-infringement, or arising out of a course of performance, course of dealing, or usage of trade. We cannot guarantee and do not promise any specific results. We cannot guarantee and do not promise any specific results from use of the Website, content or comments or your participation on the Website.

Governing Law. These Terms shall be governed by and construed in accordance with the substantive laws of the State of North Carolina, U.S.A., without reference to conflicts of laws, provisions and, as to matters affecting copyrights, trademarks and patents, by U.S. federal law. Any dispute or claim arising out of or in connection with these Terms shall be finally settled by binding arbitration in Raleigh, North Carolina in accordance with N.C. Gen. Stat. § 1-567.1 et seq. (the “Uniform Arbitration Act”) and the then-current rules and procedures of the American Arbitration Association by one (1) arbitrator appointed by the American Arbitration Association. The arbitrator shall apply the law of the State of North Carolina, without reference to rules of conflict of law or statutory rules of arbitration, to the merits of any dispute or claim. Judgment on the award rendered by the arbitrator may be confirmed, reduced to judgment and entered in any court of competent jurisdiction. You agree that, any provision of applicable law notwithstanding, the arbitrator shall have the authority to award the prevailing party its costs and reasonable attorneys’ fees. We reserve the right to seek any interim, preliminary or other equitable relief from a court of competent jurisdiction as necessary to protect our rights or our property or the rights or property of our agents, suppliers and subcontractors.

In the event that the above arbitration provision is held invalid or unenforceable, then any dispute with respect to these Terms shall be brought and heard either in the North Carolina state courts located in Wake County, North Carolina, or the federal district court for the Eastern District of North Carolina located in Raleigh, North Carolina. In such event, you consent to the in personam jurisdiction and venue of such courts. You agree that service of process upon you in any such action may be made if delivered in person, by courier service, by telegram, by facsimile or by first class mail, and shall be deemed effectively given upon receipt.

Miscellaneous. These Terms, to which the Participation Policy and Privacy Policy are incorporated by reference, and any other agreement that you may enter into as part of registering, subscribing, and purchasing goods or services, set forth the entire agreement between you and us pertaining to your use of the Website and content and comments and your participation on the Website.

If any provision of these Terms is held invalid or unenforceable, such provision shall be revised to the extent necessary to cure the invalidity or unenforceability, and the remainder of these Terms shall continue in full force and effect. Our failure to exercise any right or provision of these Terms shall not constitute a waiver of such right or provision.

Updated January 22, 2014

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