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PlusPointHealth Web Site
Agreement
The PlusPointHealth Web Site
(the "Site") is an online information service provided by PlusPointHealth
("PlusPointHealth "), subject to your compliance with the terms and conditions
set forth below. PLEASE READ THIS DOCUMENT CAREFULLY BEFORE ACCESSING OR USING
THE SITE. BY ACCESSING OR USING THE SITE, YOU AGREE TO BE BOUND BY THE TERMS
AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS
AND CONDITIONS, YOU MAY NOT ACCESS OR USE THE SITE. PlusPointHealth MAY MODIFY
THIS AGREEMENT AT ANY TIME, AND SUCH MODIFICATIONS SHALL BE EFFECTIVE
IMMEDIATELY UPON POSTING OF THE MODIFIED AGREEMENT ON THE SITE. YOU AGREE TO
REVIEW THE AGREEMENT PERIODICALLY TO BE AWARE OF SUCH MODIFICATIONS AND YOUR
CONTINUED ACCESS OR USE OF THE SITE SHALL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE
OF THE MODIFIED AGREEMENT.
1. Copyright, Licenses and Idea
Submissions.
The entire contents of the
Site are protected by international copyright and trademark laws. The owner of
the copyrights and trademarks are PlusPointHealth, its affiliates or other
third party licensors. YOU MAY NOT MODIFY, COPY, REPRODUCE, REPUBLISH, UPLOAD,
POST, TRANSMIT, OR DISTRIBUTE, IN ANY MANNER, THE MATERIAL ON THE SITE,
INCLUDING TEXT, GRAPHICS, CODE AND/OR SOFTWARE. You may print and download
portions of material from the different areas of the Site solely for your own
non-commercial use provided that you agree not to change or delete any
copyright or proprietary notices from the materials. You agree to grant to
PlusPointHealth 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 any materials and
other information (including, without limitation, ideas contained therein for
new or improved products and services) you submit to any public areas of the
Site (such as bulletin boards, forums and newsgroups) or by e-mail to
PlusPointHealth by all means and in any media now known or hereafter
developed. You also grant to PlusPointHealth the right to use your name in
connection with the submitted materials and other information as well as in
connection with all advertising, marketing and promotional material related
thereto. You agree that you shall have no recourse against PlusPointHealth for
any alleged or actual infringement or misappropriation of any proprietary
right in your communications to PlusPointHealth.
TRADEMARKS
Publications, products,
content or services referenced herein or on the Site are the exclusive
trademarks or service marks of PlusPointHealth. Other product and company
names mentioned in the Site may be the trademarks of their respective owners.
2. Use of the Site.
You understand that, except
for information, products or services clearly identified as being supplied by
PlusPointHealth, PlusPointHealth does not operate, control or endorse any
information, products or services on the Internet in any way. Except for
PlusPointHealth- identified information, products or services, all
information, products and services offered through the Site or on the Internet
generally are offered by third parties, that are not affiliated with
PlusPointHealth. You also understand that PlusPointHealth cannot and does not
guarantee or warrant that files available for downloading through the Site
will be free of infection or viruses, worms, Trojan horses or other code that
manifest contaminating or destructive properties. You are responsible for
implementing sufficient procedures and checkpoints to satisfy your particular
requirements for accuracy of data input and output, and for maintaining a
means external to the Site for the reconstruction of any lost data.
YOU ASSUME TOTAL
RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND THE INTERNET.
PlusPointHealth PROVIDES THE SITE AND RELATED INFORMATION "AS IS" AND DOES NOT
MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS
WHATSOEVER (INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR
NONINFRINGEMENT, OR THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A
PARTICULAR PURPOSE) WITH REGARD TO THE SERVICE, ANY MERCHANDISE INFORMATION OR
SERVICE PROVIDED THROUGH THE SERVICE OR ON THE INTERNET GENERALLY, AND
PlusPointHealth SHALL NOT BE LIABLE FOR ANY COST OR DAMAGE ARISING EITHER
DIRECTLY OR INDIRECTLY FROM ANY SUCH TRANSACTION. IT IS SOLELY YOUR
RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS AND USEFULNESS OF ALL
OPINIONS, ADVICE, SERVICES, MERCHANDISE AND OTHER INFORMATION PROVIDED THROUGH
THE SERVICE OR ON THE INTERNET GENERALLY. PlusPointHealth DOES NOT WARRANT
THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE
SERVICE WILL BE CORRECTED.
YOU UNDERSTAND FURTHER THAT
THE PURE NATURE OF THE INTERNET CONTAINS UNEDITED MATERIALS SOME OF WHICH ARE
SEXUALLY EXPLICIT OR MAY BE OFFENSIVE TO YOU. YOUR ACCESS TO SUCH MATERIALS IS
AT YOUR RISK. PlusPointHealth HAS NO CONTROL OVER AND ACCEPTS NO
RESPONSIBILITY WHATSOEVER FOR SUCH MATERIALS.
LIMITATION OF LIABILITY
The information
presented in this Site is not presented by a medical practitioner and is for educational and informational purposes only. It is not intended to "diagnose, treat, cure or prevent any disease." Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition.
The sole purpose of this Site is for informational and educational purposes. Products herein are sold with the understanding that the use
and/or implementation is strictly up to buyer.
Note that the contents
within this Site, are not presented from a medical practitioner, and that any and all health care
planning should be made under the guidance of your own medical and health
practitioners. The content within only presents an overview based upon research
for educational purposes and does not replace medical advice from a practicing
physician.
Further, the information
within this Site, and in the manuals are provided "as is" and without warranties of any kind
either express or implied. Under no circumstances, including, but not limited
to, negligence, shall the seller/distributor of this information be liable for
any special or consequential damages that result from the use of, or the
inability to use, the information presented here.
The Authors and this Site specifically disclaim any
liability, loss, or risk which is incurred as a consequence, directly or
indirectly, of the use and application of any of the products on this site.
Readers/Purchasers should use their own judgment and/or consult the appropriate
expert for specific applications to their individual situations.
Although all sources have been thoroughly researched to ensure the accuracy and completeness of the information contained in this
Site, we assume no responsibility for errors, inaccuracies, omissions, interpretation or any inconsistency herein.
As each individual situation is unique, Readers /Purchasers should use their own
judgment and/or consult the appropriate expert for specific applications to
their individual situations.
IN NO EVENT WILL PlusPointHealth BE LIABLE FOR (I) ANY INCIDENTAL,
CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR
LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND
THE LIKE) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE, OR ANY
INFORMATION, OR TRANSACTIONS PROVIDED ON THE SERVICE, OR DOWNLOADED FROM THE
SERVICE, OR ANY DELAY OF SUCH INFORMATION OR SERVICE. EVEN IF PlusPointHealth
OR ITS AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES, OR (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER
INACCURACIES IN THE SERVICE AND/OR MATERIALS OR INFORMATION DOWNLOADED THROUGH
THE SERVICE. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF
LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY
NOT APPLY TO YOU. IN SUCH STATES, PlusPointHealth LIABILITY IS LIMITED TO THE
GREATEST EXTENT PERMITTED BY LAW.
PlusPointHealth makes no
representations whatsoever about any other web site which you may access
through this one or which may link to this Site. When you access a
non-PlusPointHealth web site, please understand that it is independent from
PlusPointHealth, and that PlusPointHealth has no control over the content on
that web site. In addition, a link to a PlusPointHealth web site does not mean
that PlusPointHealth endorses or accepts any responsibility for the content,
or the use, of such web site.
3. Indemnification.
You agree to indemnify,
defend and hold harmless PlusPointHealth, its officers, directors, employees,
agents, licensors, suppliers and any third party information providers to the
Service from and against all losses, expenses, damages and costs, including
reasonable attorneys' fees, resulting from any violation of this Agreement
(including negligent or wrongful conduct) by you or any other person accessing
the Service.
4. Third Party Rights.
The provisions of paragraphs
2 (Use of the Service), and 3 (Indemnification) are for the benefit of
PlusPointHealth and its officers, directors, employees, agents, licensors,
suppliers, and any third party information providers to the Service. Each of
these individuals or entities shall have the right to assert and enforce those
provisions directly against you on its own behalf.
5.Term; Termination.
This Agreement may be
terminated by either party without notice at any time for any reason. The
provisions of paragraphs 1 (Copyright, Licenses and Idea Submissions), 2 (Use
of the Service), 3 (Indemnification), 4 (Third Party Rights) and 6
(Miscellaneous) shall survive any termination of this Agreement.
6.Miscellaneous.
This Agreement shall all be
governed and construed in accordance with the laws of The United States of
America applicable to agreements made and to be performed in The United States
of America. You agree that any legal action or proceeding between
PlusPointHealth and you for any purpose concerning this Agreement or the
parties' obligations hereunder shall be brought exclusively in a federal or
state court of competent jurisdiction sitting in The United States of America
. Any cause of action or claim you may have with respect to the Service must
be commenced within one (1) year after the claim or cause of action arises or
such claim or cause of action is barred. PlusPointHealth's failure to insist
upon or enforce strict performance of any provision of this Agreement shall
not be construed as a waiver of any provision or right. Neither the course of
conduct between the parties nor trade practice shall act to modify any
provision of this Agreement. PlusPointHealth may assign its rights and duties
under this Agreement to any party at any time without notice to you.
Any rights not expressly
granted herein are reserved.
COPYRIGHT NOTICE.© 1999-2008
PriorityDigital.com Prepared for:
PlusPointHealth ,All rights reserved.
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