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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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