|
|
We appreciate
your visit to HealthyComputing.net, and note that the
following conditions govern your usage of the site.
By viewing the pages or content on HealthyComputing.net,
you are agreeing to the following terms and conditions:
The information provided here is for educational purposes
only. In no way should it be considered as offering
medical advice.
The information provided herein should not be used for
diagnosis or treatment of any medical condition. A licensed
physician should be consulted for diagnosis and treatment
of any and all medical conditions. All information is
Copyright 2000-2002, HealthyComputing.com, Inc. Any
duplication or distribution of the information contained
herein is strictly prohibited.
Important! These terms and conditions (these "terms
and conditions") govern your (the "user"
or "you") use of the HealthyComputing.com,
Inc. web site (the "web site") provided by
HealthyComputing.com, Inc. (the company"). These
terms and conditions are subject to change by the company
at any time in its discretion. Your use of the web site
afer such chages are implemented will be deemed your
acceptance of the changes. Please consult these terms
and conditions regularly.
1. Permitted Use. User has a nonexclusive, nontransferable,
limited, revocable right to use the Website solely for
User's personal educational, informational, and entertainment
use. User will not use the Website for any other purpose,
including any commercial purpose, without the Company's
express prior written consent. For example, User will
not and will not authorize any other party to (i) Co-brand
the Website or portion thereof, or (ii) frame the Website
or portion thereof (whereby the Website or portion thereof
will appear on the same screen with a portion of another
website). "Co-branding" means to display a name, logo,
trademark, or other means of attribution or identification
of any party in such a manner reasonably likely to give
a User the impression that such other party has the
right to display, publish, or distribute the Website
or content accessible within the Website (the "Content").
User agrees to cooperate with the Company in causing
any unauthorized Co-branding, framing or linking to
immediately cease.
2. Proprietary Information. User acknowledges
and agrees that the Content is the proprietary information
of the Company, and the Company retains all right, title,
and interest in the Content. Accordingly, User will
not reproduce, transmit, publish or distribute such
Content to any third party without the express written
consent of the Company, except that User may print out
a copy of Content solely for User's personal use. In
doing so, User will not remove or alter, or cause to
be removed or altered, any copyright, trademark, trade
name, service mark, or any other proprietary notice
or legend appearing on any of the Content.
3. Disclaimer. The Content is presented in summary
form only and intended to provide broad consumer understanding
and knowledge of the topics discussed. The Content should
not be considered complete and should not be used in
place of a visit, call, consultation or advice of your
physician or other health care provider. Information
obtained by using the Website is not exhaustive and
does not cover all diseases, ailments, physical conditions
or their treatment. Should you have any health care-related
questions, please call or see your physician or other
health care provider promptly. User should never disregard
medical advice or delay in seeking it because of something
User has read within the Website. User is encouraged
to consult other sources and confirm the information
contained within the Website.
Further, User understands that, except for information,
products or services clearly identified as being supplied
by the Company, the Company does not operate, control
or endorse any information, products or services on
the Internet or within the Website in any way. User
also understands that the Company cannot and does not
guarantee or warrant that files available for downloading
from the Internet or within the Website will be free
of infection or viruses, worms, Trojan horses or other
code that manifest contaminating or destructive properties.
Each User is responsible for implementing sufficient
procedures and checkpoints to satisfy User's particular
requirements for accuracy of data input and output,
and for maintaining a means external to the Website
for the reconstruction of any lost data. The Company
does not assume any responsibility or risk for your
use of the Internet or the Website.
THE COMPANY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES
WITH RESPECT TO ANY CONTENT ACCESSIBLE WITHIN OR THROUGH
THE WEBSITE, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED
WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, TITLE, OR NON-INFRINGEMENT. USER ACKNOWLEDGES
AND AGREES THAT COMPANY IS NOT IN THE BUSINESS OF PROVIDING
ANY TYPE OF PROFESSIONAL MEDICAL ADVICE WHATSOEVER.
4. Limitation on Liability. THE COMPANY, ITS
LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES,
AGENTS, OFFICERS AND DIRECTORS, WILL NOT BE LIABLE FOR
ANY INCIDENTAL, INDIRECT, CONSEQUENTIAL, OR SPECIAL
DAMAGES, INCLUDING LOSS OF REVENUE OR INCOME, PAIN AND
SUFFERING, EMOTIONAL DISTRESS OR SIMILAR DAMAGES, EVEN
IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES. IN NO EVENT WILL THE COLLECTIVE LIABILITY
OF THE COMPANY AND ITS LICENSORS, SERVICE PROVIDERS,
CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS AND DIRECTORS
TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER
IN CONTRACT, TORT OR OTHERWISE) EXCEED THE AMOUNT USER
HAS PAID TO THE COMPANY FOR THE APPLICABLE CONTENT OR
SERVICE OUT OF WHICH LIABILITY AROSE.
5. Indemnity. User will indemnify and hold the
Company, its licensors, content providers, service providers
and contractors (the "Indemnified Parties") harmless
from any breach of this Agreement by User, including
any use of Content other than as expressly authorized
in these Terms And Conditions. User agrees that the
Indemnified Parties will have no liability in connection
with any such breach or unauthorized use, and agrees
to indemnify any and all resulting loss, damages, judgments,
awards, costs, expenses, and attorneys' fees of the
Indemnified Parties in connection therewith. User will
also indemnify and hold the Indemnified Parties harmless
from and against any claims brought by third parties
arising out of User's use of the Content accessed from
the Website.
6. Miscellaneous.
(a) Governing Law. These Terms and Conditions will be
governed by the law of the State of California, without
regard to its choice of laws provisions.
(b) Venue and Jurisdiction. User submits to the jurisdiction
of the state and federal courts in San Diego, California
for the purposes of resolving any dispute arising out
of the subject matter of these Terms and Conditions.
(c) Severability. If any provision of these Terms And
Conditions is deemed to be unenforceable as written
under applicable law, the parties intend that such provision
be modified to the extent, and only to the extent, necessary
to make such provision enforceable. In the event any
unenforceable provision cannot be modified to make it
enforceable, the parties intend that such provision
be stricken from these Terms And Conditions with all
other provisions remaining in full force and effect.
(d) Force Majeure. The Company will not be liable or
responsible for any failure or delay in performance
if such failure or delay is caused in whole or in part
by causes beyond its complete control, including fire,
flood, explosion, war, strike, embargo, government regulation,
civil or military authority, act of God, acts or omissions
of carriers, transmitters, telephone companies, Internet
service providers, Internet backbone providers, vandals,
or hackers.
(e) Third Party Sales or Websites. Via access provided
by the Website, User may order products and service
from third parties who are not affiliated with the Company.
The Company is not a party to any User transactions
with third parties and makes no representations or warranties
whatsoever with respect either to such third parties
or to the subject matter of such transactions. The Company
will have no responsibility or liability with respect
to any such transactions.
(f) Third Party Beneficiaries. Sections 2 through 5
are also for the benefit of the Company's licensors,
content providers, and service providers, and each shall
have the right to assert and enforce such provisions
directly on its own behalf.
(g) No Waiver. The failure on the part of the Company
to exercise any right or remedy hereunder will not operate
as a further waiver of such right or remedy in the future
or any other right or remedy.
Special
Notice: Usage of Discussion Boards.
HealthyComputing.com, Inc. ("HealthyComputing")
does not control the content of the messages that are
posted by you, the user, in any way. If you rely on
the information you read on the message boards, you
do so at your own risk and agree to hold HealthyComputing
harmless from any liability or damages that may result.
We do not guarantee the accuracy or truthfulness of
any message posted.
By clicking "Enter Message Boards" below,
you expressly agree as follows:
* Not to post anything that is unlawful, libelous, defamatory,
abusive, damaging, or otherwise objectionable, nor any
messages which contain advertising or any solicitation
for products;
* Not to post anything that violates or infringes upon
the rights of others, including material which is an
invasion of privacy or publicity rights or which is
protected by copyright, trademark or other proprietary
right, without first obtaining permission from the owner
or right holder. You agree not to post or transmit any
information, software or other material which contains
a virus or other harmful component. You agree to indemnify
HealthyComputing from any and all damages resulting
from your post to yourself or others.
* HealthyComputing will attempt to make the discussion
forums available for your use, but does not represent
or warrant that they will be available at all times
or at any specific time.
Privacy
HealthyComputing is not obligated to monitor the discussion
forums, but does reserve the right to refuse to post
or to remove any information or materials, in whole
or in part, that it, in its sole discretion, deems objectionable
or in violation of these terms and conditions. HealthyComputing
may temporarily or permanently remove or deny access
to you at any time without cause. There will be no notice
given by HealthyComputing prior to such an exercise
of rights. |
|