|
Effective Date: March 26, 2010
Welcome to www.healthadvances.com, owned and operated by Health Advances, LLC (“Health Advances”). These Website
Terms and Conditions of Use (the “Terms”) contain the terms and conditions upon which Health Advances is willing
to provide you access to and use of this website and all related pages, information, databases, materials and services
(collectively, the “Site”), and govern (i) any request you make to Health Advances through the Site, and (ii) your
use and purchase of any products and/or services available through the Site (collectively, the “Services”). These
Terms form a contract between you and Health Advances. If you do not agree to be bound by these Terms, you may not
access or use the Site or the Services. Use of the Site or purchase or use of the Services indicates your acceptance
of these Terms, Health Advances Privacy Statement, and any other separate terms and conditions you expressly agree
to be bound by when purchasing or using such Services. Please scroll down through these Terms to review important
provisions regarding arbitration, limitation of liability, waivers, indemnities, and other important provisions.
If you have questions regarding these Terms, please contact Health Advances at privacyofficer@healthadvances.com.
License
You may only use this Site if you are at least 18 years of age. By accessing any portion of the Site, you have a
limited license to use the Site and Services, including the limited right to view, bookmark, download and print,
for your noncommercial, personal use and information only, those pages of the Site that interest you, subject to
any other terms and conditions of use in these Terms or on the Site. These Terms cannot be waived or modified by
any oral communications between you and Health Advances.
Updating Terms
Health Advances reserves the right, at its discretion, to change, delete, and update portions of these Terms or other
policies that govern use of the Site at its discretion, at any time, for any reason, including the right to terminate
the Services or any part of the Services. You should review these Terms periodically for changes. Any amendments and
modifications by Health Advances will be prospective only, and unless otherwise provided in this Agreement, will be
effective upon being posted on the Site. The Terms can be accessed from the link at the bottom of each Site page.
Your continued access or use of the Site shall be deemed acceptance of all changes.
If you have an account or other relationship with Health Advances, that relationship is governed by the agreement
specific to that particular account or relationship; provided that nothing in these other agreements shall diminish
the protections and rights provided to Health Advances under these Terms. Except as may be expressly provided in
additional terms of use for specific areas of the Site or the above-referenced agreements, these Terms constitute
the entire agreement between you and Health Advances with respect to the use of the Site.
Health Advances Website Registration and Personal Information and Unauthorized Use
You agree that any information you provide to Health Advances, including, without limitation, passwords, usernames,
login ID’s, credit card and financial information, and other personally identifiable information, whether through
questionnaires, registration forms or other information requests, (collectively “Personal Information”), will be true,
accurate, current and complete information. You agree not to provide Personal Information that is false, inaccurate,
misleading, or fraudulent. You agree to provide Health Advances with any information reasonably requested by Health
Advances related to the provision of the Services. You are solely responsible for all transactions and transmissions
that occur through the use of your Personal Information, and it is your responsibility to maintain and promptly update
your Personal Information. You agree that Health Advances is not liable to you or any third party for damages or losses
related to the accuracy or disclosure to Health Advances of your Personal Information. It is your responsibility to
maintain the confidentiality of your Personal Information. Health Advances requires that you agree not to share your
Personal Information with another person, nor allow another person to use your Personal Information. This requirement
will assist in preventing unauthorized use or misuse of the Site and protect you, Health Advances and other Site
users. If you believe that someone has used your Personal Information to access any Health Advances services without
your authorization, please contact Health Advances immediately at 617-647-3435 or privacyofficer@healthadvances.com.
Please review Health Advances Privacy Statement for more information regarding Health Advances policies and procedures
for disclosing and using your Personal Information. Subject to the Privacy Statement, Health Advances retains a perpetual,
irrevocable, non-exclusive, royalty-free, worldwide license to use and store your information (in any media, currently
known or unknown) related to these Terms or Health Advances provision of the Services.
You agree not to impersonate any person or entity, misrepresent any affiliation with another person, entity or
association, use false e-mail or other headers, or otherwise conceal your identity from Health Advances for any purpose.
Information Available on Site
Health Advances relies on a variety of sources for the information it provides on the Site, including without limit,
information related to its Services. This information is provided to you in good faith based on the information available
to Health Advances. Health Advances believes that the information is current and accurate but does not guarantee it.
You should confirm the accuracy of any information with the author of such information or manufacturer of any products.
Restrictions on Use of Health Advances Materials and the Site
Health Advances or its content providers own all of the content, materials, and other intellectual property related to the
Site and the Services, including without limit all text, graphics, photographs, music, data, images, audio and video clips,
software, names, button icons, logos, images, designs, titles, words or phrases, page headers, service names, trademarks,
patents, and copyrights (collectively, “Materials”). You have no rights to the Materials, except as expressly set forth
in these Terms. Any use of the Materials, except as permitted by these Terms, is expressly prohibited.
The contents and use of the Site (including Health Advances name and the logos and software used in the Site) are registered
and/or protected by US and international copyright, trademark, and other laws. You agree to retain all copyright and
other proprietary notices contained in the Site or the Services. You may not delete or change any copyright or trademark
notices, and cannot alter or modify the content in any manner without the express written permission of Health Advances.
You further agree that you may not:
1) use the Site to transmit, copy, reproduce, republish, upload, post, transmit, e-mail, or distribute in any way material
or content that infringes any copyright, trademark, proprietary, or other right of any party or that violates these Terms;
2) copy (except as set forth above for non-commercial personal use), modify, distribute, create any derivative or compilation
work from, or display Health Advances name or logo, or any text, graphic images, or other content from the Site or redeliver
such content using framing or similar technology;
(3) use any device designed to provide repeated automated access to the Site other than those made generally available by
Health Advances;
(4) include “Health Advances,” or any other Health Advances trademarked materials, the name of any Health Advances personnel,
or any variation of these items as a metatag or hidden textual element, or in any other fashion that may create a false or
misleading impression of affiliation, sponsorship, or endorsement between Health Advances and you, any other party, or any
other website, or otherwise use these items without Health Advances express written permission;
(5) collect, harvest or store personal data about other users of the Site;
(6) upload, e-mail or otherwise transmit to Health Advances or through the Site or any Health Advances
computer network any of the following: a sexually-explicit image or statement; advertising, promotional,
or other unauthorized communication, including without limitation, “junk mail,” surveys, unsolicited e-mail,
“spam,” “chain letters,” “pyramid schemes,” or other inappropriate or prohibited materials; and any material
that contains viruses, Trojan horses, worms, time bombs, cancelbots, Easter eggs or any other computer code,
files or programs that might interrupt, limit or interfere with, damage, surreptitiously intercept or expropriate
any system, data or information related to the Site or any computer software, hardware or communications equipment
that is owned, leased or used by Health Advances;
(7) create a link to the Site without Health Advances prior written permission;
(8) use the Site to advertise or perform any commercial solicitation;
(9) use the Site to post or transmit any threatening, false, misleading, abusive, harassing, libelous, defamatory,
vulgar, obscene, scandalous, inflammatory, pornographic, or profane material or any material that could constitute
or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate
any law.
(10) use any robot, spider, scraper, or any other automated means to access the Site or the Services for any purpose
without Health Advances express written permission;
(11) forge any TCP/IP packet header or any part of the header information in any email or posting;
(12) take any action that imposes, or may impose, in Health Advances sole discretion, an unreasonable or
disproportionately large load on the Health Advances infrastructure;
(13) interfere or attempt to interfere with the proper working of the Site, the Services, or any activities conducted
on the Site; or
(14) bypass measures used by Health Advances to prevent or restrict access to the Site or the Services, violate or
attempt to violate the security or authentication measures of the system, or attempt to prove, scan, or test the
vulnerability of a system or network without proper written authorization from Health Advances.
Health Advances reserves the right to disclose the identity of anyone posting or transmitting any information or materials
violating the above prohibitions to law enforcement authorities or pursuant to any court order requesting or directing
Health Advances to disclose such information.
Termination, Removal of Materials, and Monitoring
These Terms are effective until terminated by either party. If you no longer agree to be bound by these Terms, you must
cease use of the Site and Services. You agree that Health Advances may terminate, restrict, or suspend all or part of your
license to access the Site and delete any content transmitted to or through the Site, at any time, at its sole discretion,
without prior notice to you and without any liability to you. Health Advances also reserves the right to take any action
relating to user-submitted information that it deems necessary or appropriate if such information, as determined in
Health Advances sole discretion, may create liability for Health Advances, its agents or its contractors or may affect
Health Advances business relationships or contracts with its agents or its contractors. Health Advances further reserves
the right to remove any materials that are defamatory, abusive, illegal, harassing, immoral, disruptive or do not conform
to these Terms - though Health Advances shall be under no affirmative obligation to monitor any of the foregoing or to
otherwise screen or monitor any communications or information prior to their posting. You agree that Health Advances
has the right, but is not obligated, to monitor your use of the Site and any communications made by you related to such use in any manner. You release Health Advances from any liability related to its monitoring activities. If Health Advances denies you access to the Site, you agree to destroy all materials obtained from the Site and all copies of those materials with the exception of your personal customer-account-related materials. You acknowledge that, upon termination, Health Advances may immediately deactivate or delete your account and all related information and files in the account and bar you from further access to the files, the Site, and the Services.
Website Linking and Cautions about Third-Party Information Included in Site
For your general informational use only, Health Advances may provide access to third party websites. These links allow you
to leave the Site. Health Advances is unable to verify, and takes no responsibility for, the contents of any third party
website that may be linked to the Site via hyperlink or otherwise, whether such link is provided by Health Advances or by
a third party (including any responsibility for the accuracy, timeliness, or suitability of the content of any third
party website to which Health Advances may link). By providing access to other websites, Health Advances is not recommending
or supporting any third party, is not recommending the purchase or sale of any products or services of a third party, and
is not endorsing or acknowledging that it is affiliated with any website's sponsoring organization. Health Advances does
not expressly, or by implication, endorse, recommend, or make any representations or warranties related to any commercial
product, process or service (whether by trade name, trademark, service mark, generic description or referral to a distributor
or manufacturer) referred to on any third party site or related to creation of links to such site. Before relying on any
information contained on any third party website, you are cautioned to undertake your own independent evaluation of its
accuracy, completeness, usefulness, timeliness and correct sequencing, and protections against potential viruses and other
malicious code in downloaded material.
Health Advances may include third party information in the Site for general informational purposes only. Health Advances is
unable to verify the accuracy or completeness of third party information posted to the Site or accessible from the Site.
Consequently, you agree Health Advances does not guarantee, and is not liable to you for, the accuracy, results, completeness,
authorship or suitability of any third party content and Health Advances is not obligated to maintain, verify, update or
post any corrections to such third party information for any reason. Nothing in the Site referencing any third parties with
whom Health Advances conducts business, and nothing in these Terms, shall be deemed to create any agency relationship or
affiliation with, or endorsement or sponsorship of, such third parties or you or make the third parties or you partners or
joint venturers with Health Advances, or otherwise provide you or any third parties with any rights to act on Health Advances
behalf.
Disclaimers and Limitations of Liability
In using this Site you acknowledge and accept that there are risks, including, without limitation, the risk of harm of people
acting under false pretenses. You assume all risks associated with dealing with other users with whom you come in contact
through the Site and other parties that use the Site or your Personal Information for unauthorized or illegal purposes.
TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT ALL INFORMATION, SERVICES, SOFTWARE AND CONTENT AVAILABLE THROUGH
THE SITE, AND THE SITE ITSELF, ARE FURNISHED FOR GENERAL INFORMATIONAL PURPOSES ONLY, AND ARE FURNISHED TO YOU ON AN “AS IS”
AND “AS AVAILABLE” BASIS WITHOUT ANY IMPLIED OR EXPRESSED WARRANTY OF ANY KIND (INCLUDING WITHOUT LIMITATION, THE IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SUITABILITY, SECURITY, CORRECTNESS AND NON-INFRINGEMENT).
THE HEALTH ADVANCES PARTIES (AS DEFINED BELOW)MAKE NO REPRESENTATION OR WARRANTY REGARDING, ARE NOT RESPONSIBLE FOR, AND
DISCLAIM ALL LIABILITY FOR, THE CONTINUED AVAILABILITY, RELIABILITY, ACCURACY, RESULTS OR PERFORMANCE OF THE SITE OR ANY
MATERIAL ON THE SITE, THE PERFORMANCE OF THE INTERNET, THE DOWNLOADING COMPATIBILITY OF ANY MATERIALS OR SOFTWARE WITH
YOUR COMPUTER SYSTEM, THE EXISTENCE OF ANY VIRUS, WORM, MALICIOUS CODE OR OTHER DISABLING DEVICE FROM ANY SOURCE, THE
UNAUTHORIZED ACCESS TO OR USE OF YOUR INFORMATION BY A PARTY OTHER THAN HEALTH ADVANCES, ANY TECHNICAL FAILURES (INCLUDING
HARDWARE OR SOFTWARE FAILURES), INCOMPLETE, SCRAMBLED, OR DELAYED COMPUTER TRANSMISSIONS, AND/OR TECHNICAL INACCURACIES,
OR LOSS OR USE OF DATA, AS WELL AS UNAUTHORIZED ACCESS OF USER TRANSMISSIONS BY THIRD PARTIES ARISING OUT OF OR RELATED
TO THESE TERMS. NO ONE IS AUTHORIZED TO MAKE ANY WARRANTY ON HEALTH ADVANCES BEHALF, AND YOU CANNOT RELY ON ANY OTHER
STATEMENT OF WARRANTY. YOU ASSUME RESPONSIBILITY FOR THE ACCURACY, APPROPRIATENESS, AND LEGALITY OF ANY INFORMATION YOU
SUPPLY TO HEALTH ADVANCES.
YOU AGREE THAT HEALTH ADVANCES, ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, AND
SUPPLIERS (COLLECTIVELY THE “HEALTH ADVANCES PARTIES”) ARE NOT LIABLE FOR ANY CONSEQUENTIAL, SPECIAL, INDIRECT, EXEMPLARY,
OR PUNITIVE DAMAGES. IN NO EVENT SHALL THE HEALTH ADVANCES PARTIES’ TOTAL LIABILITY TO YOU FOR ANY DAMAGES, LOSSES, FEES
AND EXPENSES (INCLUDING ATTORNEYS' FEES), WHETHER IN CONTRACT, TORT, TRESPASS OR OTHERWISE EXCEED $100. IF YOU LIVE IN A
STATE THAT DOES NOT ALLOW THE WAIVER OF CERTAIN WARRANTIES, OR LIMITATIONS OR DAMAGES WAIVERS DESCRIBED IN THIS SECTION,
SOME OF THESE WAIVERS AND LIMITATIONS MAY NOT APPLY TO YOU. YOU AGREE TO PROMPTLY NOTIFY HEALTH ADVANCES IN WRITING IF YOU
BELIEVE YOU HAVE ANY CLAIM AGAINST THE HEALTH ADVANCES PARTIES, AND, IN ANY EVENT, YOU AGREE THAT ANY CLAIM NOT BROUGHT
WITHIN ONE YEAR OF YOUR DISCOVERY SHALL BE DEEMED WAIVED AND RELEASED.
If you provide Health Advances with an e-mail address for information delivery or otherwise request a non-secure delivery
of information, you agree not to hold Health Advances responsible for any misuse or unauthorized viewing of that information.
Indemnification
In consideration of your use of the Site, you hereby agree to indemnify the Health Advances Parties (and any of its third
party service providers) from and against any and all claims, losses, liabilities, damages, costs and expenses (including,
without limitation, reasonable attorneys' fees and costs) arising out of or related to: (i) your (a) breach of these Terms,
(b) violation of any person's or entity's legal rights (including, without limitation, copyright, patent, trade secret,
trademark, or other proprietary rights, or publicity, contract, moral, or privacy rights) (c) violation of any applicable
law, rule or regulation, or (d) negligence, recklessness, or misconduct; or (ii) unauthorized use of your Personal Information
by a party other than Health Advances.
Applicable Law
Health Advances controls and operates the Site from our offices within the Commonwealth of Massachusetts in the United States.
If you choose to access the Site from other locations, you do so at your own risk and initiative and are responsible for
compliance with any applicable local laws and regulations. You agree that the laws of the Commonwealth of Massachusetts
(excluding any choice of law rules) govern your rights and obligations relating to Health Advances and your use of the Site.
Exports
You agree to comply with all United States export laws and regulations and all applicable foreign export laws and
regulations. You assume sole responsibility for any required export approval and/or licenses and all related costs
and for the violation of any United States export law or regulation. You acknowledge that export of the products or
services and any related documentation, in whole or part, contrary to United States law is prohibited. You agree that
no part of the products or services available through the Site, either in whole or part, is being acquired for shipment,
transfer, or re-export, directly or indirectly, to proscribed, embargoed, or prohibited countries or their nationals,
denied destinations, or for prohibited activities or for weapons.
Severability and Waiver
If any provision of these Terms is found to be invalid by any court having competent jurisdiction, the invalidity of
such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full
force and effect.
No failure to exercise and no delay in exercising, by Health Advances, any right, power or privilege hereunder shall
operate as a waiver hereof, except as expressly provided herein. Any waiver by Health Advances of a breach of any
provision of these Terms shall not be deemed to be a waiver of any other or subsequent breach and shall not be
construed to be a modification of the Terms unless and until agreed to in writing by Health Advances.
Additional Terms
Certain areas of this Site may be subject to additional terms of use. By using such areas or any part thereof, you agree to
be bound by the additional terms of use applicable to such areas.
Dispute Resolution
If a dispute arises between you and any of the Health Advances Parties, it is the goal of Health Advances to work in good
faith with you to quickly and amicably resolve the dispute. All disputes, claims, or controversies (“Claims”) arising under
or relating to these Terms, the Site, or the Services that cannot be resolved informally, will be finally resolved by binding
arbitration as described herein.
Any dispute arising under or related to these Terms, the Site, or the Services (including the arbitrability of such a dispute
and the existence, validity, interpretation, performance, termination or breach thereof) shall be finally settled by binding
arbitration by a single arbitrator in accordance with the then-current Commercial Arbitration Rules of the American
Arbitration Association ("AAA"), with the arbitration to be commenced no later than one (1) year after such Claim accrues
(in absence of which it shall be deemed forever waived). A judgment upon an arbitrator’s award may be entered by any court
of competent jurisdiction. The arbitrator shall be an expert in the field of Internet services. To the extent permitted
by applicable law, you agree that there shall be no class action arbitration related to these Terms, the Site, or the
Services. All parties shall bear their own expenses, except that the parties shall equally share the expenses of the
arbitrator (except for the required non-refundable filing fees which shall be paid solely by the party asserting the
related Claim).
The above obligations to arbitrate shall not: (i) apply to violations of the Restrictions on Use of Health Advances Materials
contained above; or (iii) prevent a party from seeking a preliminary injunction, temporary restraining order, specific
performance or other procedures in a court of competent jurisdiction to obtain interim relief when deemed necessary by
such court to preserve the status quo or prevent irreparable injury pending resolution by arbitration of the actual dispute.
Exclusive jurisdiction and venue for arbitration or any other legal action or proceeding in any way related to the Site,
the Services, or these Terms shall be in Boston, Massachusetts. Any matter brought before a court shall be brought solely
in the state or federal courts located in Boston, Massachusetts. The parties hereby waive their right to a jury trial.
Independent Parties
For purposes of these Terms, the parties hereto shall be independent contractors and neither shall at any time be considered
an agent or employee of the other. No joint venture, partnership, or like relationship is created between the parties by
this Agreement.
Entire Agreement
These Terms, and any policies referenced and attached hereto, constitute the entire agreement between you and Health
Advances related to the Site and services. All prior agreements, representations, statements, negotiations, and undertakings
with respect to the subject matter herein are superseded by these Terms. These Terms may not be amended, altered or added to
in any manner except as set forth by a document in writing and signed by an authorized representative of each party. If
there is a conflict between these Terms and any terms appearing on the Site, or in any policies, those terms that are
more favorable to Health Advances shall govern.
Headings
The headings of the sections in these Terms are strictly for convenience and shall not in any way be construed as amplifying
or limiting any of these Terms.
Survival of Obligations
The terms that by their nature are intended to survive beyond the termination, cancellation, or expiration of these
Terms shall survive.
|
