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  Limited License and User Agreement

IMPORTANT NOTICE:
Please read this LIMITED LICENSE AND USER AGREEMENT (referred to hereafter as “User Agreement”) carefully before using this GET HEALTHY ALABAMA! WEBSITE (the “Site”) and any information, profiles, materials and other content available on or through this Site (the “Site Materials”).  This User Agreement governs your access to and use of this Site and the Site Materials.

BY ACCESSING, USING OR BROWSING THIS SITE OR ANY SITE MATERIALS, YOU INDICATE THAT YOU HAVE READ, UNDERSTOOD AND AGREE TO BE BOUND BY THIS USER AGREEMENT, AND THAT YOU UNDERSTAND AND INTEND THIS USER AGREEMENT TO BE THE LEGAL EQUIVALENT OF A SIGNED, WRITTEN CONTRACT BETWEEN YOU AND GET HEALTHY ALABAMA!, INC. (“GET HEALTHY ALABAMA!”), AND EQUALLY BINDING.  IF YOU DO NOT AGREE WITH THIS USER AGREEMENT, YOU ARE NOT AND WILL NOT BE GRANTED PERMISSION BY GET HEALTHY ALABAMA! TO ACCESS GET HEALTHY ALABAMA!' SITE MATERIALS. 

1. TERMS AND CONDITIONS OF USE

            By using this Site, you agree that the data and information here are and remain the sole property of Get Healthy Alabama!.  You agree that your license to access and use this information is limited solely to a personal, revocable, nonexclusive, non-transferable license to access and view this Site and the Site Materials, and to copy, download, store and/or print a single copy of any Site Materials, solely for your non-commercial use and not for resale or distribution to anyone else. You further agree that an express condition on your license is that you will not otherwise transmit or use the Site Materials, and your continued compliance with this User Agreement. Except as expressly permitted by us in writing, you agree not to copy, reproduce, modify, adapt, translate, distribute, transmit, download, upload, post, sell, rent, license, transfer, mirror, frame, create derivative works of, reverse engineer, or disassemble any aspect of this Site or any Site Materials, in whole or in part, in any form or by any means, without our prior written permission.  

Get Healthy Alabama! is not a referral service and does not recommend or endorse any particular hospital, physician, long-term care facilities, and other providers of healthcare services (the “Healthcare Provider”).  Rather, Get Healthy Alabama! is only an intermediary that provides selected information about Healthcare Providers.  We do not offer advice regarding the quality or suitability of any particular Healthcare Provider for specific treatments or health conditions, and no information on this Site should be construed as health advice.  The Healthcare Provider information consists of statements of opinion and not statements of fact or recommendations to utilize the services of any specific Healthcare Provider. You should obtain any additional information necessary to make an informed decision prior to utilizing any specific Healthcare Provider.

You agree to assume all responsibility in connection with choosing any Healthcare Provider, whether or not you obtained information about such Healthcare Provider on or through this Site. We assume no responsibility or liability for any advice, treatment or other services rendered by any Healthcare Provider, or for any malpractice claims and other claims that may arise directly or indirectly from any such advice, treatment or other services. 

This User Agreement will take effect at the time you click "I Agree".  We reserve the right, at any time and for any reason, without notice to you, (i) to deny you access to this Site, any Site Materials, or any portion thereof; (ii) to change, remove or discontinue any of the Site Materials or services available on or through this Site; or (iii) to terminate this User Agreement. 

2. INTELLECTUAL PROPERTY RIGHTS  

Copyright 2003 Get Healthy Alabama!, Inc. All rights reserved.  

All of the Site Materials, including the graphical display of this Site are the property of Get Healthy Alabama! or our licensors, suppliers or affiliates.  The Site Materials are protected by law, including, but not limited to, United States and international copyright law, as well as other state, federal, and international laws and regulations. Get Healthy Alabama! owns a copyright in this Site as a collective work and/or compilation, and in the selection, coordination, arrangement, and enhancement of the Site Materials. 

Unauthorized use or reproduction of any Site Materials may violate copyright laws, trademark laws, laws pertaining to privacy and publicity rights, or other laws or regulations.  Please be aware that we actively and aggressively enforce our intellectual property rights to the fullest extent of the law.
 

3. LINKED SITES  

This Site may contain links to other sites on the World Wide Web for the convenience of our users.  These other sites have not been reviewed by us and are maintained by third parties over which we exercise no control.  Accordingly, we expressly disclaim any responsibility for the content of these other sites and for the availability, accuracy, reliability, completeness, currency, quality, performance or suitability of the information, products and services available or advertised on or through these other sites.  Moreover, these links do not imply, directly or indirectly, our endorsement of or affiliation with any other site or site owner, or any information, products or services provided by any third party.  When leaving this Site, you should be aware that our terms and policies may no longer govern, and, therefore, you should review the applicable terms and policies of each linked site.  

4. THIRD PARTY PROVIDERS OF INFORMATION

Some of the Site Materials, including, but not limited to, healthcare information, product reviews, news, data, research, analysis and opinions, are provided by independent information providers (“3 P.P.”).  As a general matter, we believe that the 3 P.P.s obtain such information, materials and other content from sources that they deem to be reliable.  However, we make no representations with respect to, nor do we guarantee or endorse the availability, accuracy, reliability, completeness, currency, quality, performance, suitability, or correct sequencing of any information, materials or other content provided by any of the 3 P.P.s.  We do not endorse, oppose or edit any opinion or analysis expressed by any of the 3 P.P.s. We assume no responsibility or liability for any information, materials or other content provided by any of the 3 P. P.s.  

5. RISKS  

Use of the Internet is solely at your own risk and is subject to all applicable local, state, federal, and international laws and regulations.  THE SITE MAY BE VULNERABLE TO VARIOUS SECURITY ISSUES AND SHOULD NOT BE CONSIDERED SECURE.  Please be advised that the confidentiality of any communication or material transmitted to Get Healthy Alabama! over the Internet cannot be guaranteed.  You must make your own determination as to these matters. For more private and personalized attention, you can write to us at:

Get Healthy Alabama!, Inc.
400 South Union Street, Suite 395
Montgomery, Alabama 36104
 

6. EVENTS BEYOND OUR CONTROL  

You absolve and release Get Healthy Alabama! and our affiliates from any claim of harm resulting from any cause(s) over which we or they do not have direct control, including, but not limited to, failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems, computer viruses or other damaging code or data, unauthorized access, theft, operator errors, severe weather, earthquakes, natural disasters, strikes or other labor problems, wars, or governmental restrictions.  

7. DISCLAIMERS  

THIS SITE AND THE SITE MATERIALS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, AND ARE INTENDED FOR INFORMATIONAL PURPOSES ONLY. WHILE GET HEALTHY ALABAMA! ENDEAVORS TO PROVIDE THE MOST ACCURATE, UP TO DATE INFORMATION AVAILABLE, THE SITE MATERIALS AND DATABASES MAY CONTAIN TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS, AND MAY BE CHANGED OR UPDATED WITHOUT NOTICE.  

TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, GET HEALTHY ALABAMA! DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO: (I) ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, RELIABILITY, COMPLETENESS, CURRENCY, QUALITY, PERFORMANCE OR SUITABILITY OF THIS SITE, THE SITE MATERIALS, OR ANY PRODUCTS, SERVICES OR RESULTS OBTAINED ON OR THROUGH THIS SITE; AND (II) ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.  WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED.  GET HEALTHY ALABAMA! DOES NOT REPRESENT OR WARRANT THAT THIS SITE WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT DEFECTS, IF ANY, WILL BE CORRECTED. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE AND THE SITE MATERIALS IS ENTIRELY AT YOUR OWN RISK.  

FURTHER, GET HEALTHY ALABAMA! EXPRESSLY DISCLAISM ANY AND ALL RESPONSIBILITY AND LIABILITY WITH RESPECT TO SEPARATE AGREEMENTS YOU MAY MAKE WITH HEALTHCARE PROVIDERS OR WITH THIRD PARTIES WHO OFFER PRODUCTS OR SERVICES ON OR THROUGH THIS SITE, AND YOU AGREE TO LOOK SOLELY TO SUCH HEALTHCARE PROVIDERS AND THIRD PARTIES WITH RESPECT TO ANY AND ALL CLAIMS ARISING OUT OF SUCH AGREEMENTS AND/OR SUCH PRODUCTS OR SERVICES.  

8. LIMITATION OF LIABILITY  

YOU AGREE THAT NEITHER GET HEALTHY ALABAMA! NOR OUR AFFILIATES WILL BE LIABLE FOR ANY DAMAGES RESULTING FROM YOUR USE OF, OR RELIANCE UPON, THIS SITE, ANY SITE MATERIALS, OR ANY PRODUCTS OR SERVICES OBTAINED ON OR THROUGH THIS SITE.  IN THE EVENT OF ANY PROBLEM WITH THIS SITE, ANY SITE MATERIALS, OR ANY PRODUCTS OR SERVICES OBTAINED ON OR THROUGH THIS SITE, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING SUCH ITEM(S).  

YOU AGREE THAT UNDER NO CIRCUMSTANCES WILL GET HEALTHY ALABAMA! OR OUR AFFILIATES, OR ANY OF OUR OR THEIR RESPECTIVE DIRECTORS, OFFICERS, SHAREHOLDERS, PROPRIETORS, PARTNERS, EMPLOYEES, AGENTS, REPRESENTATIVES, SERVANTS, ATTORNEYS, PREDECESSORS, SUCCESSORS OR ASSIGNS, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, LOST PROFITS AND DAMAGES THAT RESULT FROM INCONVENIENCE, DELAY, OR LOSS OF USE) ARISING OUT OF USE OF THIS SITE, ANY SITE MATERIALS, ARRANGEMENTS MADE BASED ON INFORMATION OBTAINED ON OR THROUGH THIS SITE, OR PRODUCTS OR SERVICES OBTAINED ON OR THROUGH THIS SITE, EVEN IF WE OR THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, this limitation may not apply to you.  

9. INDEMNITY  

You agree to defend, indemnify, and hold harmless Get Healthy Alabama! and our affiliates, and our and their respective directors, officers, shareholders, proprietors, partners, employees, agents, representatives, servants, attorneys, predecessors, successors and assigns, from and against any and all claims, proceedings, damages, injuries, liabilities, losses, costs and expenses (including reasonable attorneys' fees and litigation expenses), relating to or arising from (i) your use of this Site, any Site Materials, or any products or services obtained on or through this Site, (ii) any arrangements you make based on information obtained on or through this Site, or (iii) any breach by you of this User Agreement.  

10. GOVERNING LAW  

This User Agreement is made in, and will be construed and enforced in accordance with, the law of Alabama  

11. MISCELLANEOUS


 If any portion of this User Agreement is adjudged invalid or unenforceable by a court of competent jurisdiction, the remaining portions will remain valid, enforceable, and in effect. 

No joint venture, partnership, employment or agency relationship exists between you and Get Healthy Alabama! as a result of this User Agreement or your use of this Site or any Site Materials. Any rights not expressly granted herein are reserved by Get Healthy Alabama!.

This User Agreement constitutes the entire agreement between you and Get Healthy Alabama! with respect to your use of this Site and the Site Materials, and supersedes any and all prior understandings or agreements between you and Get Healthy Alabama!, whether written or oral. You acknowledge that, in providing you access to and use of this Site and the Site Materials, we have relied on your acceptance of this User Agreement.

 


 
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