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Terms of Service
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All contents are Copyright
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2006-2008 HealthSphere.net Corporation
All rights reserved.
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING
THIS SITE. BY USING THIS SITE, YOU AGREE TO THESE TERMS OF USE. IF YOU DO NOT AGREE
TO THESE TERMS OF USE, PLEASE DO NOT USE THIS SITE.
HEALTHSPHERE.NET CORPORATION RESERVES THE RIGHT TO CHANGE THESE
RULES AND REGULATIONS FROM TIME TO TIME AT ITS SOLE DISCRETION.
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General. This Web
Site is owned and operated by HealthSphere.net Corporation (“HealthSphere”). HealthSphere has the right at any time
to change or discontinue any aspect or feature of the site, including, without limitation,
the content, hours of availability, and access or use of the site.
You understand that all information (such as data files,
written text, information, audio files or other sounds, photographs, videos or other
images) which you may have access to as part of, or through your use of, this Web
Site (“Content”) are the sole responsibility of the person from which such content
originated. The Content is not intended to be a substitute for professional medical
advice, diagnosis or treatment. You
should always seek the advice of your physician or other qualified health care provider
with any questions you may have regarding a medical condition.
Never disregard professional medical advice or delay in seeking it because
of something you searched through the site.
HealthSphere reserves the right (but shall have no obligation)
to pre-screen, review, flag, filter, modify, refuse or remove any or all Content
from the site. The site may contain
Content that you may find offensive, indecent or objectionable and that, in this
respect, you use the site at your own risk.
If you think you may have a medical emergency, call your
doctor or 911 immediately. HealthSphere
does not recommend or endorse any specific tests, physicians, products, procedures,
opinions, or other information derived from using the site.
Reliance on any such information is solely at your own risk.
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Limited License. HealthSphere
hereby authorizes you to copy materials published by HealthSphere on this Web Site
solely for non-commercial use within your organization in support of HealthSphere
services. No other use of the information
is authorized without the express prior written consent of HealthSphere.
In consideration of this authorization, you agree that any copy of these
materials which you make shall retain all copyright and other proprietary notices
in the same form and manner as the original.
Except as specified above, nothing contained herein shall be construed as conferring
by implication, estoppel or otherwise any license or right under any patent, trademark
or copyright of HealthSphere or any third party.
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Access to Password Protected or Secured Areas.
Access to and use of password protected or secured areas on this Web Site
is limited to authorized users only.
You agree to provide accurate and current information on all registration forms
on this Web Site. You are solely responsible
for maintaining the confidentiality of any user name and password provided to you. You agree to not misuse to share the
username or password that is issued to you by HealthSphere, misrepresent your identity
or your affiliation with an entity, impersonate any person or entity, or misstate
the origin of any materials you are exposed to through this Web Site.
If you are in violation of your obligations under the Terms of Use, you may
be subject to prosecution.
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Links to Other Sites. While
this Web Site may contain links to third party sites, HealthSphere is not responsible
for the content of any linked sites.
HealthSphere provides these links as a convenience and does not endorse the companies
or contents of any linked sites. HEALTHSPHERE
DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, TO ANY SUCH LINKED SITES,
INCLUDING BUT NOT LIMITED TO THE ACCURACY, OWNERSHIP, VALIDITY OR LEGALITY OF ANY
CONTENT OF A LINKED SITE.
You should be aware that Content presented to you on this
Web Site, including but not limited to advertisements may be protected by intellectual
property rights which are owned by the sponsors or advertisers who provide that
Content to HealthSphere (or by other persons or companies on their behalf). You
may not modify, rent, lease, loan, sell, distribute or create derivative works based
on this Content (either in whole or in part) unless you have been specifically told
that you may do so by HealthSphere or by the owners of that Content, in a separate
agreement.
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Copyright.
ALL CONTENTS ON THIS WEB SITE
ARE PROTECTED BY COPYRIGHT. EXCEPT
AS SPECIFICALLY PERMITTED HEREIN, NO PORTION OF THE INFORMATION ON THIS WEB SITE
MAY BE REPRODUCED IN ANY FORM, OR BY ANY MEANS, WITHOUT THE PRIOR WRITTEN PERMISSION
OF HEALTHSPHERE. VISITORS OR USERS
ARE NOT PERMITTED TO MODIFY, DISTRIBUTE, PUBLISH, TRANSMIT, TRANSFER, ALTER OR CREATE
DERIVATIVE WORKS OF ANY MATERIAL, DOCUMENTATION OR DEMONSTRATIONS THAT EXISTS ON
THIS WEB SITE FOR ANY PURPOSE WHATSOEVER.
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Disclaimer of Warranty; Limitation of Liability.
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YOU EXPRESSLY AGREE THAT USE OF THIS SITE IS AT YOUR SOLE RISK. NEITHER HEALTHSPHERE,
ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, DIRECTORS, AGENTS, THIRD PARTY
CONTENT PROVIDERS OR LICENSORS WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR ERROR
FREE; NOR DO WE OR THEY MAKE ANY WARRANTY AS TO THE ACCURACY OR RELIABILITY OF ANY
INFORMATION, SERVICE OR PRODUCT DESCRIBED ON THIS SITE.
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THIS SITE IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER
EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, IMPLIED
WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, TRADE USAGE OR
COURSE OF DEALING.
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THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE
OF PERFORMANCE, ERROR, OMISSION, INACCURACY, INTERRUPTION, DELETION, DEFECT, DELAY
IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT
OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF THIS SITE OR
THE CONTENT THEREIN, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR (INCLUDING
STRICT LIABILITY), NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION.
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IN NO EVENT WILL HEALTHSPHERE, OR ANY OF ITS EMPLOYEES, CONSULTANTS, DIRECTORS,
AGENTS, PARTNERS OR AFFILIATES INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING THE
SITE OR THE CONTENT INCLUDED THEREIN, BE LIABLE IN CONTRACT, IN TORT (INCLUDING
FOR ITS OWN NEGLIGENCE) OR UNDER ANY OTHER LEGAL THEORY (INCLUDING STRICT LIABILITY)
FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL,
PUNITIVE, CONSEQUENTIAL OR SIMILAR DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST
PROFITS OR REVENUES, LOSS OF USE OR SIMILAR ECONOMIC LOSS, ARISING OUT OF THE USE
OF OR INABILITY TO USE THE SITE. YOU HEREBY ACKNOWLEDGE THAT THE PROVISIONS OF THIS
SECTION SHALL APPLY TO ALL USE OF AND CONTENT ON THE SITE.
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Indemnification. You agree
to defend, indemnify and hold harmless HealthSphere and its affiliates and their
respective directors, officers, employees and agents from and against any and all
claims, actions, demands, damages, costs, liabilities, losses and expenses (including
reasonable attorneys' fees) arising out of your use of this Web Site.
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Trademarks. HealthSphere
is a trademark and service mark of HealthSphere.net Corporation
All other marks that appear throughout the website belong to HealthSphere
or the respective owners of such marks, and are protected by U.S. and international
copyright and trademark laws. Any use, publication or copy of any of the marks appearing
throughout the website without the express written consent of HealthSphere or the
owner of the mark, as appropriate, is strictly prohibited.
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Viruses. HealthSphere
also assumes no responsibility, and shall not be liable for, any damages to, or
viruses that may infect, your computer equipment or other property on account of
your access to, use of, or browsing in the site or your downloading of any materials,
data, source code, text, images, video, or audio from the site.
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Miscellaneous. These
terms of use constitute the entire agreement of the parties with respect to the
subject matter hereof and supersede all previous written or oral agreements between
the parties with respect to such subject matter. These terms of use shall be construed
in accordance with the laws of the State of California, without regard to its conflict
of laws rules. You hereby consent to the personal jurisdiction of the State of California,
acknowledge that venue is proper in State court in Sacramento County or Federal
court in the Northern District of California, agree that any action related to these
terms of use must be brought in said state or federal court in the State of California,
and waive any objection that may exist, now or in the future, with respect to any
of the foregoing. No waiver by either
party of any breach or default hereunder shall be deemed to be a waiver of any preceding
or subsequent breach or default. The
section headings used herein are for convenience only and shall not be given any
legal import.
Effective Date:
May 22, 2007
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