Terms and Conditions of Use
Last Updated: 7-11-13
1. Not for Emergencies. IN AN EMERGENCY, CALL 911 OR OTHER EMERGENCY NUMBER. DO NOT USE THE WEB SITE, OR THE SERVICES TO COMMUNICATE OR RECEIVE URGENT OR EMERGENCY MESSAGES.
2. Not Personalized Health Care Advice. The Services on this Web Site are general in nature and are provided for informational purposes only. The Web Site may not contain all information that may apply to your situation.
INFORMATION ON THE WEB SITE IS NOT MEDICAL ADVICE. The Services on this Web Site should not be deemed to be, or treated as, medical or health care advice, medical diagnosis, or medical treatment. You should not rely on tools and resources published on this Web Site as a substitute for professional medical advice, diagnosis, or treatment. If you have any concerns or questions about your health or medical condition, you always should consult with a physician or other health care professional. Never disregard, avoid, or delay obtaining medical or health care advice or assistance from your health care professional because of something you may have read on this Web Site.
THIS WEB SITE, AND THE SERVICES ON THIS WEB SITE, ARE NOT INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, THE PRACTICE OF MEDICINE OR THE PRACTICE OF OTHER HEALTH CARE SERVICES BY COMPANY. YOUR USE OF THE WEB SITE, AND/OR THE SERVICES DOES NOT CREATE A PHYSICIAN/PATIENT, PROVIDER/PATIENT, CONFIDENTIAL, OR PRIVILEGED RELATIONSHIP, OR ANY OTHER RELATIONSHIP THAT WOULD GIVE RISE TO ANY DUTIES ON THE PART OF COMPANY.
4. Trademarks. All trademarks, service marks, and trade names of Company used herein (including but not limited to: the Company name, the Company’s corporate logo, and the Company’s design) (collectively “Marks”) are trademarks or registered trademarks of Company or its affiliates, partners, vendors, or licensors. You may not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify the Marks in any way, including in advertising or publicity pertaining to distribution of materials on this Web Site, without Company’s prior written consent. The use of the Marks on any other Web site or network computer environment is not allowed. Company prohibits the use of the Marks as a “hot” link on or to any other Web site unless establishment of such a link is approved in advance.
5. User Submissions. The terms of this Section 5 apply with respect to your submissions of questions, comments, information, and content as permitted by the functionality of the Web Site for posting on the Web Site (“User Submissions”).
6. Accuracy of Information. We attempt to ensure that information on this Web Site is complete, accurate, and current. Despite our efforts, the information on this Web Site occasionally may be inaccurate, incomplete, or out of date. We make no representation as to the completeness, accuracy, or currency of any information on this Web Site.
7. Linking to this Web Site. Creating or maintaining any link from another Web site to any page on this Web Site without our prior written permission is prohibited. Running or displaying this Web Site or any information or material displayed on this Web Site in frames or through similar means on another Web site without our prior written permission is prohibited. Any permitted links to this Web Site must comply will all applicable laws, rules, and regulations.
9. Inappropriate Material. You are prohibited from posting or sending any unlawful, threatening, defamatory, libelous, obscene, pornographic, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense or give rise to civil liability, or otherwise violate any law, rule, or regulation. Such violations may subject the sender and his or her agents to civil and criminal penalties. In addition to any remedies that we may have at law or in equity, if we determine, in our sole discretion, that you have violated or are likely to violate the foregoing prohibitions, then we may take any action we deem necessary to cure or prevent the violation, including without limitation, the immediate removal of the related materials from this Web Site. We will fully cooperate with any law enforcement authorities or court order or subpoena requesting or directing us to disclose the identity of anyone posting such materials.
10. Access and Interference. You agree that you will not use any robot, spider, scraper, or other automated means to access the Web Site for any purpose without our express written permission. Additionally, you agree that you will not: (i) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (ii) interfere or attempt to interfere with the proper working of the Web Site or any activities conducted on the Web Site; or (iii) bypass any measures we may use to prevent or restrict access to the Web Site.
11. Force Majeure. Neither Company nor you shall be responsible for damages or for delays or failures in performance resulting from acts or occurrences beyond their reasonable control, including, without limitation: fire, lightning, explosion, power surge or failure, water, acts of God, war, revolution, civil commotion, or acts of civil or military authorities or public enemies; any law, order, regulation, ordinance, or requirement of any government or legal body or any representative of any such government or legal body; labor unrest, including without limitation, strikes, slowdowns, picketing, or boycotts; or inability to secure raw materials, transportation facilities, fuel or energy shortages, or acts or omissions of other common carriers.
12. DISCLAIMERS. YOUR USE OF THIS WEB SITE IS AT YOUR RISK. THE CONTENT, INFORMATION, MATERIALS, AND SERVICES PROVIDED ON OR THROUGH THIS WEB SITE ARE PROVIDED “AS IS” WITHOUT ANY WARRANTIES OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. NEITHER COMPANY, NOR ANY OF ITS AFFILIATES, WARRANTS THE ACCURACY OR COMPLETENESS OF THE CONTENT, INFORMATION, MATERIALS, OR SERVICES PROVIDED ON OR THROUGH THIS WEB SITE. THE CONTENT, INFORMATION, MATERIALS, AND SERVICES PROVIDED ON OR THROUGH THIS WEB SITE MAY BE OUT OF DATE, AND NEITHER COMPANY, NOR ANY OF ITS AFFILIATES MAKES ANY COMMITMENT OR ASSUMES ANY DUTY TO UPDATE SUCH CONTENT, INFORMATION, MATERIALS, OR SERVICES. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.
13. LIMITATIONS OF LIABILITY. Company does not assume any responsibility, or will be liable, for any damages to, or any viruses that may infect, your computer, telecommunication equipment, or other property caused by or arising from your access to, use of, or browsing this Web Site, or your downloading of any information or materials from this Web Site. IN NO EVENT WILL COMPANY, OR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, AGENTS, SUCCESSORS, OR ASSIGNS, NOR ANY PARTY INVOLVED IN THE CREATION, PRODUCTION, OR TRANSMISSION OF THIS WEB SITE, BE LIABLE TO YOU OR ANYONE ELSE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THIS WEB SITE, ANY WEB SITES LINKED TO THIS WEB SITE, OR THE CONTENT, MATERIALS, INFORMATION, OR SERVICES CONTAINED ON ANY OR ALL SUCH WEB SITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU SPECIFICALLY ACKNOWLEDGE THAT COMPANY SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY, AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. THE FOREGOING LIMITATIONS OF LIABILITY DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.
IN THE EVENT OF ANY PROBLEM WITH THIS WEB SITE OR ANY CONTENT, INFORMATION, MATERIALS OR SERVICES, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THIS WEB SITE. IN NO EVENT SHALL COMPANY’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE EXCEED FIFTY DOLLARS ($50.00).