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 firstname.lastname@example.org.
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.
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.
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 email@example.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.
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.
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.
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.
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.
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.
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) © 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.
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.
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.
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.
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 (ii) 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.
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.
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.
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.
The terms that by their nature are intended to survive beyond the termination, cancellation, or expiration of these Terms shall survive.