Terms and Conditions
CARESEEK, INC., ITS AFFILLIATED FAMILY OF SITES AND ITS "PARTNERS-IN-CARE" PARTNERS (TOGETHER HEREIN REFERRED TO AS "CARESEEK") ARE PROVIDING THIS WEBSITE TO YOU SUBJECT TO THESE TERMS AND CONDITIONS OF USE ("TERMS AND CONDITIONS"). PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEBSITE. BY ACCESSING, REGISTERING OR USING THIS WEBSITE, YOU EXPLICITLY AGREE TO BE BOUND BY AND COMPLY WITH ALL OF THESE TERMS AND CONDITIONS, THAT YOU CONSENT TO THE PRACTICES DESCRIBED IN OUR PRIVACY POLICY, AND ALL OTHER POLICIES INCORPORATED BY REFERENCE HEREIN. IF YOU DO NOT OR CANNOT AGREE TO ALL OF THESE TERMS AND CONDITIONS, PLEASE DO NOT USE THIS WEBSITE. ALL OF THESE TERMS AND CONDITIONS AND ANY RELATED POLICIES ON THIS WEBSITE SHALL BE OF FULL FORCE AND EFFECT AND SHALL APPLY EQUALLY TO ALL AFFILIATED CARESEEK SITES AND "POWERED-BY-CARESEEK" PARTNERS.
THIS WEBSITE IS NOT INTENDED TO PROVIDE MEDICAL ADVICE, DIAGNOSIS, TREATMENT OR ADVICE. ANY DECISION ABOUT YOUR PERSONAL HEALTHCARE SHOULD BE MADE IN CONSULTATION WITH YOUR PERSONAL HEALTH CARE PROFESSIONALS AND PROVIDERS.
CareSeek reserves the right to change or modify any of these Terms and Conditions, or any policy or guideline of the Website at any time and in CareSeek's sole discretion. You should review these Terms and Conditions, the Privacy Policy, and any other incorporated policies from time to time to understand the terms and conditions that apply to your use of this Website.
The following Terms and Conditions constitute an agreement between you and CareSeek, Inc., the operator of the Website ("we" or "us"). These Terms and Conditions govern your use of the Website, both as a casual visitor and as a registered user.
Registration
In order to register and use this Website, you will be required to provide some basic information about yourself, including your email address. You also will be asked to create a password and a screen name and will need both of these each time you sign on to use the Website. Your password and screen name will be specific to you and should not be shared with anyone. You are responsible for keeping your password confidential and for notifying us if your password has been hacked or stolen. By agreeing to these Terms and Conditions, you agree that CareSeek may use your name and password to authenticate you on the Website when you sign on. When participating in any groups, forums or message boards or providing Care Tips, reviews or physician ratings, you must comply with CareSeek's Posting Guidelines.
Privacy Policy and Your Personal Information
Please refer to CareSeek's Privacy Policy for information on how CareSeek uses and discloses personally identifiable information from its users, as well as for other information regarding how CareSeek protects information from its users. By agreeing to these Terms and Conditions, you are hereby consenting to the transfer of this information to and within the United States for processing and storage by us.
Your Responsibilities
You are responsible for all use of the Website and Website Content (as defined below) using your password and screen name, including use by others to whom you have given your password and screen name. You are responsible for keeping your password confidential and for notifying us if your password has been hacked or stolen. You may use the Website for lawful, non-commercial purposes only. When participating in our communities or providing ratings, you must comply with the Posting Guidelines. You may not use the Website in any manner that could damage, disable, overburden, or impair our servers or networks, or interfere with any other party's use and enjoyment of the Website and Website Content. You may not attempt to gain unauthorized access to any Website Content, user accounts, or computer systems or networks, through hacking, password mining or any other means. CareSeek may take any and all legal and technical remedies available to CareSeek to prevent the violation of this provision and to enforce these Terms and Conditions.
Ownership and Copyright
Except as otherwise indicated, the Website, Website Content and all written and visual materials, text, images, marks, logos and other content contained herein, including, without limitation, the CareSeek logo and all designs, text, graphics, pictures, information, data, software, sound files, other files, Content (as defined below) and the selection and arrangement of such Content (collectively, the "Website Content") are owned by CareSeek or its licensors or users and are protected by U.S. and international copyright, trademark, patent, trade secret laws and other proprietary rights and may also have security components that protect digital information. The Website and all Website Content is ©2007 CareSeek, Inc. All Rights Reserved.
Trademarks
CareSeek, the CareSeek logo and all other product or service names or slogans displayed on the Website are registered and/or common law trademarks of CareSeek, Inc. and/or its suppliers or licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of CareSeek or the applicable trademark holder. In addition, the Website, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of CareSeek and may not be copied, imitated or used, in whole or in part, without the prior written permission of CareSeek. All other trademarks, registered trademarks, product names and company names or logos mentioned in the Website are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by CareSeek.
Limited License
CareSeek grants you a limited, nonsublicensable license to access and use the Website and to view, copy and print portions of the Website Content. Such license is subject to these Terms and Conditions, and specifically conditioned upon the following: (i) you may only view, copy download, store and print portions of the Website Content for your own convenience and informational purposes, but you may not distribute, republish, sell, mine, exploit, duplicate, frame or scrape any of the Website Content or exploit the Website Content for commercial gain; (ii) you may not modify or otherwise make derivative uses of the Website or the Website Content, or any portion thereof; (iii) any displays or printouts of Website Content must be marked "© 2007, CareSeek, Inc. All rights reserved."; (iv) you may not remove or modify any copyright, trademark, or other proprietary notices that have been placed in the Website Content; (v) you may not use any data mining, robots or similar data gathering or extraction methods except as specifically provided herein; (vi) you may not use the Website or the Website Content other than for its intended purpose; and (vii) you may not reproduce, prepare derivative works from, distribute or display the Website or any Website Content (except for page caching), except as specifically provided herein. Except as expressly permitted above, any use of any portion of the Website or Website Content without the prior written permission of CareSeek is strictly prohibited and will terminate the license granted herein. This license shall be revocable by CareSeek at any time in its sole discretion.
Any such unauthorized use may also violate applicable laws, including without limitation copyright and trademark laws. Unless explicitly stated herein, nothing in these Terms and Conditions may be construed as conferring any license to intellectual property rights.
You hereby represent and warrant that your use of the Website and the Website Content will be consistent with this license and will not infringe or violate the rights of any other party or breach any contract or legal duty to any other parties, or violate any applicable law. You expressly agree to indemnify CareSeek against any liability to any person arising out of your use of Website Content not in accordance with these Terms and Conditions.
Hyperlinks
The Website may from time to time contain links to third-party Web sites ("Third-Party Sites") and third-party content ("Third-Party Content"). You use links to Third-Party Sites, and any Third-Party Content, at your own risk. CareSeek does not monitor or have any control over, does not endorse, and makes no claim or representation regarding, Third-Party Content or Third-Party Sites and is providing these links only as a convenience. The provision by CareSeek of a link to a Third-Party Site or Third-Party Content does not imply CareSeek's endorsement, adoption or sponsorship of, or affiliation with, such Third-Party Site or Third-Party Content. CareSeek accepts no responsibility for reviewing changes or updates to, or the quality, content, policies, nature or reliability of, Third-Party Content, Third-Party Sites, or any other websites linking to this Website. When you leave the CareSeek Website, these Terms and Conditions no longer apply and you should take time to review and familiarize yourself with the terms, conditions and policies of any Third-Party Site, and should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any third party.
Use of Forums, Message Boards, Blogs and Other Interactive Areas
The Website may contain community areas, discussion forums, review services or other areas where registered users may post reviews of physicians, health practitioners or other content, messages, Care Tips, web logs, materials or other items on the Website that can be accessed and viewed by others, including the public in general ("Interactive Areas"). When you submit reviews, please bear in mind that they are not confidential. If CareSeek provides such Interactive Areas, you are solely responsible for your use of such Interactive Areas and use them at your own risk. While you are encouraged to give clear, honest information about the doctor or provider and your experiences, by using any Interactive Areas, you expressly agree not to post, upload to, transmit, distribute, store, create or otherwise publish through the Website any of the following:
1. Any message, data, information, text, music, sound, photos, graphics, code or other material ("Content") that are unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;
2. Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law;
3. Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party;
4. Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity;
5. Unsolicited promotions, political campaigning, advertising or solicitations;
6. Private information of any third party, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers;
7. Viruses, corrupted data or other harmful, disruptive or destructive files;
8. Content that is unrelated to the topic of the Interactive Area(s) in which such Content is posted; or
9. Content that, in the sole judgment of CareSeek, is objectionable or which restricts or inhibits any other person from using or enjoying the Interactive Areas or the Site, or which may expose CareSeek or its affiliates or its users to any harm or liability of any type.
CareSeek takes no responsibility and assumes no liability for any Content posted, stored or uploaded by you or any third party, or for any loss or damage thereto, nor is CareSeek liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. As a provider of interactive services, CareSeek is not liable for any statements, representations or Content provided by its users in any public forum, personal home page or other Interactive Area. Although CareSeek has no obligation to screen, edit or monitor any of the Content posted to or distributed through any Interactive Area, CareSeek reserves the right, and has sole and absolute discretion, to remove, screen or edit without notice any Content posted or stored on the Website at any time and for any reason. You are encouraged to notify CareSeek immediately of any inappropriate or illegal Content by using the Report Inappropriate link in the community areas. While CareSeek will make every effort to promptly remove such Content upon receipt of a report, CareSeek is not, however, responsible for any failure or delay in removing any Content posted on the Website. You are solely responsible for creating backup copies of and replacing any Content you post or store on the Website at your sole cost and expense. Content posted by CareSeek users represents the opinions of individual users and should not be relied upon.
Any use of the Interactive Areas or other portions of the Website in violation of the foregoing or the Posting Guidelines violates these Terms and Conditions and may result in, among other things, termination or suspension of your rights to use the Interactive Areas and/or the Website. In order to cooperate with legitimate governmental requests, subpoenas or court orders, to protect CareSeek's systems and customers, or to ensure the integrity and operation of CareSeek's business and systems, CareSeek may access and disclose any information it considers necessary or appropriate, including, without limitation, user profile information (i.e. name, email address, etc.), IP addressing and traffic information, usage history, and posted Content. CareSeek's right to disclose any such information shall govern over any terms of CareSeek's Privacy Policy.
Linking To This Website
Unless otherwise specifically agreed in writing with CareSeek, the rules and guidelines set forth below shall govern how you are permitted to add a link to the Website from your website:
· The link must be a text-only link clearly marked www.CareSeek.com;
· The link must "point" to www.CareSeek.com and not to other pages within the Website;
· The appearance, position and other aspects of the link may not be such as to damage or dilute the goodwill associated with CareSeek’s good name and trademarks;
· The appearance, position and other aspects of the link may not create the false impression that an entity is associated with, sponsored by, or endorsed by CareSeek;
· The link, when activated by a user, must display the Website full-screen and not within a "frame" on the linking website and linking may not trigger any interstitial or pop-up or pop-under windows;
· The link may not be used in connection with or appear on a website that a reasonable person might consider offensive, obscene, defamatory or otherwise malicious; and
· CareSeek reserves the right, in its sole and absolute discretion, to revoke consent to the link at any time. In the event CareSeek revokes such consent, you hereby agree to immediately remove and disable any and all of your links to the Website.
Information Regarding Additional Tools Provided on the Website
The additional tools described below are informational resources posted on the CareSeek Website. These resources are for your general information and are being provided as a convenience to users. CareSeek accepts no responsibility or liability for the quality, content, policies, accuracy, nature or reliability, nor of the content of the additional tools described below or for any action taken by users on the basis of information provided by the additional tools or anywhere on this Website.
Healia Search
The Healia Search engine is a premier consumer health search engine for finding high quality and personalized health information on the Web. It serves as an independent, unbiased gateway to the highest quality health information resources. Healia is optimized for health search by integrating cutting-edge technology including health "intelligence" to provide optimized results for health queries. The Healia Search engine was developed over a span of more than four years under a multiyear competitive Small Business Innovation Research (SBIR) award from the National Cancer Institute, part of the National Institutes of Health, the focal point for health research in the United States.
Provider Directory
The Physician and Provider Directory ("Directory") is provided by a third party supplier as a general reference for information about physicians and hospitals. Data is obtained using several different database applications which collects public records from various sources and updates it regularly. The Directory is intended to serve as an underlying framework on which ratings and reviews can be associated with providers, and not a means for verifying the credentials, qualifications, or abilities of any physician or provider listed in the Directory. Inclusion of a physician or provider in the Directory does not imply referral, endorsement, or recommendation by CareSeek or its partners, nor does omission of any individual or facility signify disapproval. Although CareSeek updates the Directory regularly, CareSeek bears no responsibility and does not guarantee that all physician and provider information is current and accurate. CareSeek depends in part on the CareSeek users to assist in the maintenance and updating of the data by using the Send Update Notice link. Note that any ratings and reviews of doctors and providers by users of CareSeek's Website are opinions as expressed by these consumers and health care professionals. Any reliance upon this information is solely at your discretion and CareSeek makes no representation that information provided by such posting ratings and reviews is complete or accurate. The physician and provider information, reviews and/or ratings may be based on historical information and practices and should not be considered any form of representation that such historical information or practices are still accurate or will continue in the future. CareSeek and its suppliers and licensees are not responsible for the medical treatment or lack of treatment that you receive from any physician or provider in this Directory. This information is not verified by CareSeek or any of its suppliers or licensees. You are solely responsible for any decisions or actions you take based on information provided in the Physician and Provider areas.
Care Tips
The information in the Care Tips area is provided by registered members of the CareSeek Website and is intended for users to share personal insight and experiences for the benefit of others. CareSeek requires no medical training nor qualifications of the contributors of the Care Tips, and makes no guarantee of the accuracy or validity of the information supplied by users. The information in this area supplements, but is not a substitute for, the care or advice provided by your health care providers. You should always speak to your health care provider before beginning, changing or stopping any medication or nutritional, dietary, herbal or homeopathic supplement or adopting any treatment for a health problem. You are solely responsible for any decisions or actions you take based on the information in the Care Tips area, including choosing whether to seek or not to seek professional medical care, or choosing or not choosing specific treatments. The absence of a warning for a given drug, drug combination, or treatment should not be construed to indicate that the drug, drug combination, or treatment is safe, effective or appropriate for any given person. CareSeek does not endorse particular drugs, treatments or remedies nor does CareSeek diagnose patients or recommend therapies. CareSeek does not review, edit or update the information provided in the Care Tips area, nor does CareSeek we make any guarantee that such information is accurate, up-to-date, or complete. CareSeek bears no responsibility or liability for any action taken by users on the basis of information in the Care Tips area or anywhere on the Website.
No Spam
You may not use contact information provided by our users, or harvest information about our users, for the purpose of sending, or to facilitate the sending, of unsolicited bulk communications such as SPAM or SPIM. You may not allow others to use your account to violate the terms of this section. We may terminate your account immediately and take other legal action if you or anyone using your account violates these provisions.
Rights to User Content
You (or the author) continue to own the copyright in your any Content you submit or distribute, provided however, that by posting or distributing Content to or through the Website, unless we indicate otherwise, you (a) grant CareSeek and its affiliates a nonexclusive, royalty-free, perpetual, transferable, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from and publicly display and perform such Content throughout the world in any media, now known or hereafter devised; (b) grant CareSeek and its affiliates and sublicensees the right to use the name that you submit in connection with such Content, if they choose; and (c) represent and warrant that (i) you own and control all of the rights to the Content that you post or otherwise distribute, or you otherwise have the lawful right to post and distribute such Content to or through the Website; (ii) such Content is accurate and not misleading; and (iii) use and posting or other transmission of such Content does not violate these Terms and Conditions and will not violate any rights of or cause injury to any person or entity. You further grant CareSeek the right to pursue at law any person or entity that violates your or CareSeek's rights in the Content by a breach of these Terms and Conditions.
Content submitted by users will be considered non-confidential and CareSeek is under no obligation to treat such Content as proprietary information. Without limiting the foregoing, CareSeek reserves the right to use the Content as it deems appropriate, including, without limitation, deleting, editing, modifying, rejecting, or refusing to post it. CareSeek is under no obligation to offer you any payment for Content that you submit or the opportunity to edit, delete or otherwise modify Content once it has been submitted to CareSeek. CareSeek shall have no duty to attribute authorship of Content to you, and shall not be obligated to enforce any form of attribution by third parties. Any Content you post must comply with these Terms and Conditions as well as the Posting Guidelines.
If it is determined that you retain moral rights (including rights of attribution or integrity) in the Content, you hereby declare that (a) you do not require that any personally identifying information be used in connection with the Content, or any derivative works of or upgrades or updates thereto; (b) you have no objection to the publication, use, modification, deletion and exploitation of the Content by CareSeek or its licensees, successors and assigns; (c) you forever waive and agree not to claim or assert any entitlement to any and all moral rights of an author in any of the Content; and (d) you forever release CareSeek, and its licensees, successors and assigns, from any claims that you could otherwise assert against CareSeek by virtue of any such moral rights.
Advertisements and Promotions
CareSeek may run advertisements and promotions from third parties on the Website provided such advertising complies with the CareSeek Advertising Policy. Your business dealings or correspondence with, or participation in promotions of, advertisers other than CareSeek, and any terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. CareSeek is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of third-party advertisers on the Website. In addition, from time to time, CareSeek may offer or co-sponsor contests, sweepstakes and games on the Website. Each of these activities shall be governed by specific rules which shall be posted on the specific page offering such contest, sweepstakes or games and such rules shall be presented at the time you elect to participate.
WARRANTY DISCLAIMER
EXCEPT AS OTHERWISE SET FORTH ON HEREIN OR ON THE WEBSITE, THE WEBSITE, THE MATERIALS CONTAINED THEREIN AND THE SERVICES PROVIDED ON OR IN CONNECTION THEREWITH (THE "SERVICES") ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. CARESEEK EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT AS TO THE SERVICES, INFORMATION, CONTENT AND MATERIALS ON THE WEBSITE. CARESEEK AND ITS SUPPLIERS DO NOT REPRESENT OR WARRANT THAT MATERIALS IN THE WEBSITE, THE WEBSITE CONTENT OR THE SERVICES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE, AND EXPRESSLY DISCLAIMS ANY WARRANTY OR REPRESENTATION AS TO THE ACCURACY OR PROPRIETARY CHARACTER OF THE WEBSITE, THE WEBSITE CONTENT OR ANY PORTION THEREOF. CARESEEK AND ITS SUPPLIERS DO NOT GUARANTEE THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE CONTENT OR SERVICES. CARESEEK AND ITS SUPPLIERS DO NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE WEBSITE OR WEBSITE CONTENT (EITHER DIRECTLY OR THROUGH THIRD-PARTY NETWORKS) AT TIMES OR LOCATIONS OF YOUR CHOOSING. CARESEEK AND ITS SUPPLIERS ALSO DO NOT GUARANTEE THE SATISFACTION OF GOVERNMENT REGULATIONS REQUIRING DISCLOSURE OF INFORMATION ON PRESCRIPTION DRUG PRODUCTS. NO ORAL OR WRITTEN INFORMATION GIVEN BY A CARESEEK REPRESENTATIVE SHALL CREATE A WARRANTY. You may have additional consumer rights under your local laws that this contract cannot change. You use the WEBSITE AND WEBSITE CONTENT at your own risk.
CARESEEK IS NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO PRICING, TEXT, CONTENT OR REVIEWS. WHILE CARESEEK ATTEMPTS TO MAKE YOUR ACCESS TO AND USE OF THE WEBSITE AND THE SERVICES SAFE, CARESEEK CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE WEBSITE OR ITS SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; THEREFORE, YOU SHOULD USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES FROM ANY DOWNLOAD.
NO MEDICAL ADVICE
THIS WEBSITE, WEBSITE CONTENT AND SERVICES OFFER HEALTH, FITNESS AND NUTRITIONAL INFORMATION, BUT ARE DESIGNED FOR EDUCATIONAL PURPOSES ONLY. YOU SHOULD NOT RELY ON THIS INFORMATION AS A SUBSTITUTE FOR, NOR DOES IT REPLACE, PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. IF YOU HAVE ANY CONCERNS OR QUESTIONS ABOUT YOUR HEALTH, YOU SHOULD ALWAYS CONSULT WITH A PHYSICIAN OR OTHER HEALTH-CARE PROFESSIONAL. DO NOT DISREGARD, AVOID OR DELAY OBTAINING MEDICAL OR HEALTH RELATED ADVICE FROM YOUR HEALTH-CARE PROFESSIONAL BECAUSE OF SOMETHING YOU MAY HAVE READ ON THIS WEBSITE. THE USE OF ANY INFORMATION PROVIDED ON THIS WEBSITE IS SOLELY AT YOUR OWN RISK.
NOTHING STATED OR POSTED ON THIS WEBSITE OR AVAILABLE THROUGH ANY WEBSITE CONTENT OR SERVICES PROVIDED THROUGH THIS WEBSITE ARE INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, THE PRACTICE OF MEDICAL OR COUNSELING CARE. FOR PURPOSES OF THESE TERMS AND CONDITIONS, THE PRACTICE OF MEDICINE AND COUNSELING INCLUDES, WITHOUT LIMITATION, PSYCHIATRY, PSYCHOLOGY, PSYCHOTHERAPY, OR PROVIDING HEALTH CARE TREATMENT, INSTRUCTIONS, DIAGNOSIS, PROGNOSIS OR ADVICE.
DEVELOPMENTS IN MEDICAL RESEARCH MAY IMPACT THE HEALTH, FITNESS AND NUTRITIONAL INFORMATION THAT APPEARS ON THIS WEBSITE. NO ASSURANCE CAN BE GIVEN THAT THE INFORMATION CONTAINED IN THIS WEBSITE WILL ALWAYS INCLUDE THE MOST RECENT FINDINGS OR DEVELOPMENTS WITH RESPECT TO THE PARTICULAR MATERIAL.
Your access or use of this Website and the Website Content does not create in any way a physician/patient, confidential, or privileged relationship, or any other relationship that would give rise to any duties on the part of CareSeek or its suppliers. CareSeek does not recommend or endorse any specific tests, physicians, procedures, opinions, or other information that may appear on the Website. If you rely on any of the information provided by this Website, by CareSeek employees, or its guests or visitors, you do so solely at your own risk.
LIMITATION OF LIABILITY
YOU WAIVE AND AGREE NOT TO ASSERT ANY CLAIMS OR ALLEGATIONS OF ANY NATURE WHATSOEVER AGAINST CARESEEK, ITS AFFILIATES, OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS ARISING OUT OF OR IN ANY WAY RELATING TO YOUR USE OF THE WEBSITE, THE SERVICES, THE WEBSITE CONTENT OR THE MATERIALS CONTAINED IN OR ACCESSIBLE THROUGH THE WEBSITE, INCLUDING, WITHOUT LIMITATION, ANY CLAIMS OR ALLEGATIONS RELATING TO THE ALLEGED INFRINGEMENT OF PROPRIETARY RIGHTS, ALLEGED INACCURACY OF WEBSITE CONTENT, OR ALLEGATIONS THAT CARESEEK HAS OR SHOULD INDEMNIFY, DEFEND OR HOLD HARMLESS YOU OR ANY THIRD PARTY FROM ANY CLAIM OR ALLEGATION ARISING FROM YOUR USE OF THE WEBSITE. YOU USE THE WEBSITE AND SERVICES AT YOUR OWN RISK.
WITHOUT LIMITING THE FOREGOING, NEITHER CARESEEK NOR ANY PARTIES PROVIDING WEBSITE CONTENT SHALL BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE WEBSITE, THE SERVICES, THE WEBSITE CONTENT OR THE MATERIALS CONTAINED IN OR ACCESSIBLE THROUGH THE WEBSITE, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM YOUR RELIANCE ON ANY WEBSITE CONTENT OR OTHER INFORMATION OBTAINED FROM CARESEEK OR ACCESSIBLE VIA THE WEBSITE, OR THAT RESULT FROM MISTAKES, ERRORS, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO CARESEEK'S RECORDS, PROGRAMS OR SERVICES.
CARESEEK HEREBY DISCLAIMS ANY LIABILITY TO YOU, THE USERS OF YOUR PERSONAL HEALTH LIBRARY, OR ANY OTHER PARTY FOR ANY DAMAGES OR INJURY THAT MAY RESULT FROM THE USE OF OR INABILITY TO USE YOUR PERSONAL HEALTH LIBRARY, INCLUDING BUT NOT LIMITED TO ANY DAMAGES OR INJURY CAUSED BY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION SERVICE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF SUCH PERSONAL HEALTH LIBRARY UNDER ANY LEGAL THEORY OR CAUSE OF ACTION. NEITHER CARESEEK NOR ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS, OR AFFILIATES SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO THOSE ARISING OUT OF THE USE OF ANY PERSONAL HEALTH RECORD STORAGE OR INABILITY TO GAIN ACCESS TO OR USE SUCH PERSONAL HEALTH RECORD STORAGE.
IN NO EVENT SHALL THE AGGREGATE LIABILITY OF CARESEEK, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF THE WEBSITE EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO CARESEEK FOR ACCESS TO OR USE OF THE WEBSITE.
BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Applicable Law and Venue
The Website (excluding Third-Party Sites) is controlled by CareSeek and operated by CareSeek. The Website is accessible in all 50 states of the United States and is intended for users located in the United States. CareSeek makes no representation that the Website, Website Content and Services are applicable to, or appropriate for, or available to users in locations outside the United States. Accessing the Website and Website Content from territories where such content is illegal is prohibited. You and CareSeek explicitly agree that all disputes, claims or other matters arising from or relating to your use of the Website, the Website Content and Services will be governed by the laws of the State of California, without regard to its conflicts of law principles. You agree that all claims you may have against CareSeek arising from or relating to the Website, Website Content and Services shall be brought in Santa Barbara County, California. . If you choose to access the Website from locations other than the United States, you will be responsible for compliance with all local laws of such other jurisdiction.
PLEASE NOTE THAT BY AGREEING TO THESE TERMS AND CONDITIONS, YOU ARE: (1) WAIVING CLAIMS THAT YOU MIGHT OTHERWISE HAVE AGAINST CARESEEK BASED ON THE LAWS OF OTHER JURISDICTIONS, INCLUDING YOUR OWN; (2) IRREVOCABLY CONSENTING TO THE EXCLUSIVE JURISDICTION OF, AND VENUE IN, STATE OR FEDERAL COURTS IN THE COUNTY OF SANTA BARBARA, STATE OF CALIFORNIA OVER ANY DISPUTES OR CLAIMS YOU HAVE WITH CARESEEK RELATING TO OR ARISING OUT OF THE WEBSITE, THE WEBSITE CONTENT, THE SERVICES OR THE AGREEMENT; AND (3) SUBMITTING YOURSELF TO THE PERSONAL JURISDICTION OF COURTS LOCATED IN THE COUNTY OF SANTA BARBARA FOR THE PURPOSE OF RESOLVING ANY SUCH DISPUTES OR CLAIMS AND COVENANT NOT TO ASSERT ANY OBJECTION TO PROCEEDING IN SUCH COURTS.
Termination/Modification of License and Site Offerings
Notwithstanding any provision of these Terms and Conditions, CareSeek reserves the right, without notice and in its sole discretion, without any notice or liability to you, to (a) terminate your license to use the Website, Website Content or Services, or any portion thereof; (b) block or prevent your future access to and use of all or any portion of the Website, Website Content or Services; (c) change, suspend or discontinue any aspect of the Website, Website Content or Services; and (d) impose limits on the Website, Website Content or Services. Your right to use the Website, Website Content and Services will end once your registration is cancelled or terminated, and any data you have stored on the Website may be unavailable later, unless CareSeek is required by law to retain such data. You may terminate your registration at any time by contacting our customer care e-mail, customerservice@careseek.com.
Upon any request by CareSeek, you agree to defend, indemnify, and hold harmless CareSeek, its employees, contractors, officers, directors, agents, other affiliated companies, and suppliers, from all liabilities, claims, and expenses, including attorney's fees, that arise from your use or misuse of the Website, Website Content and the Services. CareSeek reserves the right to assume control of the defense of any third party claim that is subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.
Your affirmative act of using this Website and/or registering for the Website or Services constitutes your electronic signature to these Terms and Conditions and your consent to enter into agreements with us electronically. You also agree that we may send to you in electronic form any privacy or other notices, disclosures, reports, documents, communications or other records regarding the Services (collectively, “Notices”). We can send you electronic Notices (1) to the e-mail address that you provided to us during registration, or (2) by posting the Notice on the applicable Service or otherwise through the Website. The delivery of any Notice from us is effective when sent by us, regardless of whether you read the Notice when you receive it or whether you actually receive the delivery. You can withdraw your consent to receive Notices electronically by canceling or discontinuing your use of the applicable Service.
In order to receive Notices electronically, you must have a personal computer with a modem connected to a communications source (telephone, wireless or broadband), and a Windows-based operating system with an Internet browser or a Macintosh-based operating system with an Internet browser. You will need a printer attached to your personal computer to print any Notices. You can retrieve an electronic copy and a printable version of this contract by clicking on the “Terms and Conditions” link on any web page that hosts any of the Website or Services. All contracts completed electronically will be deemed for all legal purposes to be in writing and legally enforceable as a signed writing.
Entire Agreement and Severability
This contract and any supplemental terms, policies, rules and guidelines posted on the Website and the Services constitute the entire agreement between you and us and supersede all previous written or oral agreements. If any provision of these Terms and Conditions shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and Conditions and shall not affect the validity and enforceability of any remaining provisions.
Assignment
CareSeek reserves the right to assign this contract at any time as part of the sale to, merger with, or other transfer of CareSeek to another entity. In the event of any assignment or transfer, CareSeek will post a notice on the Website regarding any change of ownership so that you have the opportunity to discontinue your use of the Website or cancel your registration if you do not wish to continue to use the Website and Services under the new ownership. You may not assign this contract to any one else.
Changes to These Terms and Conditions
These Terms and Conditions govern your relationship with CareSeek and its suppliers. CareSeek reserves the right to change these Terms and Conditions at any time, as it deems appropriate. Any changes to the Terms and Conditions shall be posted on the Website and each new version will be noted at the top of the page. You are responsible for regularly reviewing the CareSeek Terms and Conditions to obtain timely notice of such revisions. Your ongoing use of the Website signifies your agreement to the new Terms and Conditions.
Questions and Comments
If you have any questions regarding these Terms and Conditions, the application of such Terms and Conditions to any CareSeek sites or "Partners-in-Care" affiliated partners, or your use of the Website, please email us at: info@careseek.com.