Last Revised: 4/1/19
Web Site Terms and Conditions of Use
4. You are not required to create an account to use the Site, but you may do so. To establish an account to use the Site, you must complete the registration process by providing the complete and accurate information requested on the registration form. You will also be asked to provide a user name and password. You may not use the account, username, or password of someone else at any time. You are entirely responsible for maintaining the confidentiality of your password, and for restricting third party access to your computer. You agree to accept responsibility for all activities that take place under your account or password, and that Company shall not be liable for any loss that you incur as a result of someone else using your password or account, either with or without your knowledge.
5. USER CONTENT. You grant Company a license to use the materials you post to the Site. By posting, displaying, performing, transmitting, or otherwise distributing information or other content (“User Content”) to the Site, you are granting Company, its affiliates, officers, directors, employees, consultants, agents, and representatives a license to use User Content in connection with the operation of the Internet business of Company, its affiliates, officers, directors, employees, consultants, agents, and representatives, including without limitation, a right to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat User Content. You will not be compensated for any User Content. You agree that Company may publish or otherwise disclose your name in connection with your User Content. By posting User Content on the Site, you warrant and represent that you own the rights to the User Content or are otherwise authorized to post, distribute, display, perform, transmit, or otherwise distribute such User Content.
6. COMPLIANCE WITH INTELLECTUAL PROPERTY LAWS. When accessing the Site, you agree to obey the law and to respect the intellectual property rights of others. Your use of the Site is at all times governed by and subject to laws regarding copyright ownership and use of intellectual property. You agree not to upload, download, display, perform, transmit, or otherwise distribute any information or content (collectively, “Content”) in violation of Company’s or any third party’s copyrights, trademarks, trade secret, or other intellectual property or proprietary rights. You agree to abide by laws regarding ownership and use of intellectual property, and you shall be solely responsible for any violations of any relevant laws and for any infringements of third party rights caused by any Content you provide or transmit, or that is provided or transmitted using your account.
8. COPYRIGHT INFRINGEMENT. Company has in place certain procedures regarding allegations of copyright infringement occurring on the Site. Company’s policy is to investigate any allegations of copyright infringement brought to its attention, and to suspend and/or terminate the account of any user who is found to have infringed on the rights of Company or of a third party, or otherwise violated any intellectual property laws or regulations.
11. LIMITED LIABILITY. COMPANY’S LIABILITY TO YOU IS LIMITED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL COMPANY BE LIABLE FOR DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR LOST DATA, REGARDLESS OF THE FORESEEABILITY OF THOSE DAMAGES) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE OR ANY OTHER MATERIALS OR SERVICES PROVIDED TO YOU BY COMPANY. This limitation shall apply regardless of whether the damages arise out of breach of contract, tort, or any other legal theory or form of action.
12. AFFILIATED AND/OR THIRD PARTY SITES. Company has no control over, and no liability for any third party websites or materials. Company may work with partners or affiliates whose Internet sites may be linked with the Site. Because Company has no control over the content or performance of other sites which may be linked to the Site, Company makes no guarantees about the accuracy, currency, content, or quality of the information provided by such sites, and assumes no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful content that may reside on any other site.
13. PROHIBITED USES. Company imposes certain restrictions on your permissible use of the Site. You are prohibited from violating or attempting to violate any security features of the Site, including, without limitation, (a) accessing content or data not intended for you, or logging onto a server or account that you are not authorized to access; (b) attempting to probe, scan, or test the vulnerability of the Site, or any associated system or network, or to breach security or authentication measures without proper authorization; (c) interfering or attempting to interfere with service to any user, host, or network, including, without limitation, by means of submitting a virus to the Site, overloading, “flooding,” “spamming,” “mail bombing,” or “crashing;” (d) using the Site to send unsolicited e-mail, including, without limitation, promotions, or advertisements for products or services; (e) forging any TCP/IP packet header or any part of the header information in any e-mail or in any posting using the Site; or (f) attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by Company in providing the Site. Any violation of system or network security may subject you to civil and/or criminal liability.
15. COMPANY’S PROPRIETARY RIGHTS. All content of the Site, including the text, graphics, logos, icons, screens and configurations, software, trademarks, and trade dress (collectively, “Company Content”), is the property of Company or its licensors and is protected by U.S. and international intellectual property laws. You do not acquire any ownership rights in or to Company Content by using, printing, downloading or copying any Company Content, or using the Site. Any use of Company Content or this Site other than for the express services provided is strictly prohibited. For example, copying, reproducing, modifying, distributing, transmitting, replicating or public exhibition of Company Content is strictly prohibited.
16. The logo, trade names, trademarks and service marks (collectively the “Trademarks”) displayed on the Site are the registered and/or unregistered Trademarks of Company or its third party clients or collaborators, and are protected under applicable trademark and other intellectual property laws. Nothing contained on the Site should be construed as granting any license or right to use any Trademark displayed on the Site without the written permission of the Trademark owner. Your use of the Trademarks displayed on the Site, except as provided for in this legal notice, is strictly prohibited. By using the Site to request our goods or services, you grant the Company a limited license to display your company’s Trademarks for the limited purpose of allowing the Company to show that your company is a past or present client of Company.
Copyright © 2019, Even Health LLC All rights reserved.