Terms of Use

 

ENVISION HEALTH PRESS, LLC.

WEBSITE TERMS OF USE

1. READ THIS:

This Terms of Use Agreement (“Agreement” or “Terms of Use”) is made by and between Envision Health Press, a Texas corporation, with offices at 10900 Research Blvd., Ste 160C, Unit #2010, Austin, Texas 98759(“EHP”) and you (“you,” “your” or “User”). This Agreement contains the terms and conditions that govern your use of this Website.

BY ACCESSING OR ATTEMPTING TO INTERACT WITH ANY PART OF THIS WEBSITE, OR OTHER SME SOFTWARE, SERVICES, WEBSITES OR ANY OF SME LICENSEES’ SERVICES (COLLECTIVELY “SERVICES”), YOU AGREE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, DO NOT ACCESS OR USE ANY PART OF THIS WEBSITE.

EHP RESERVES THE RIGHT, FROM TIME TO TIME, WITH OR WITHOUT NOTICE TO YOU, TO MAKE CHANGES TO THIS AGREEMENT IN SME’S SOLE DISCRETION. CONTINUED USE OF ANY PART OF THIS WEBSITE CONSTITUTES YOUR ACCEPTANCE OF SUCH CHANGES. THE MOST CURRENT VERSION OF THIS AGREEMENT, WHICH SUPERSEDES ALL PREVIOUS VERSIONS, CAN BE REVIEWED BY CLICKING ON THE TERMS OF USE HYPERLINK LOCATED AT THE BOTTOM OF EVERY PAGE ON THIS WEBSITE.

No implication is made that the materials published on EHP’s website(s) are appropriate for use outside of the United States. If you access this website from outside of the United States, you do so on your own initiative and you are responsible for compliance with local laws. Additionally, this website is published in English and we are not responsible for errors in translation.

2. ACCESS TO THIS SITE

To access this site or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of this site that all the information you provide on this site will be correct, current, and complete. If EHP believes the information you provide is not correct, current, or complete, EHP has the right to refuse you access to this site or any of its resources and to terminate or suspend your access at any time.

3. RESTRICTIONS ON USE

You may use this site for purposes expressly permitted by this site. As a condition of your use of EHP’s website(s), you warrant to EHP that you will not use the website(s) for any purpose that is unlawful or prohibited by these terms, conditions, and notices. For example, you may not (and may not authorize any party to) (i) co-brand this site, or (ii) frame this site, or (iii) download any content from this site (other than as provided by these terms) without the express prior written permission of an authorized representative of EHP. For purposes of these Terms of Use, co-branding means to display a name, logo, trademark, or other means of attribution or identification of any party in such a manner as is reasonably likely to give a user the impression that such other party has the right to display, publish, or distribute this site or content accessible within this site. You agree to cooperate with EHP to prevent or remedy any unauthorized use. In addition, you may not use EHP’s website(s) in any manner which could disable, overburden, damage, or impair the website(s) or interfere with any other party’s use and enjoyment of the website(s). You may not obtain or attempt to obtain any materials, content, or information through any means not intentionally made available or provided for through the website(s).

4. PERSONAL AND NON-COMMERCIAL USE LIMITATION

EHP’s website(s) are for your personal and non-commercial use unless otherwise specified. You may not use this site for any other purpose, including any commercial purpose, without EHP’s express prior written consent. You may not modify, copy, distribute, display, send, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, content, software, products, or services obtained from or otherwise connected to EHP’s website(s) unless expressly permitted by these terms.

5. PROPRIETARY INFORMATION

The material and content accessible from this site, and any other website owned, operated, licensed, or otherwise controlled by EHP (the “Content”) is the proprietary information of EHP or the party that provided or licensed the Content to EHP whereby such providing party retains all right, title, and interest in the Content. Accordingly, the Content may not be copied, distributed, republished, uploaded, posted, or transmitted in any way without the prior written consent of EHP. You may 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. Modification or use of the Content except as expressly provided in these Terms of Use violates EHP’S intellectual property rights. Neither title nor intellectual property rights are transferred to you by access to this site.

From time to time, the website will utilize various plugins or widgets to allow sharing of content via social media channels, email or other methods. Use of these plugins or widgets does not constitute any waiver of EHP’s intellectual property rights. Such use is a limited license to republish the content on the approved social media channels, with full credit to the website.

6. LINKS TO THIRD-PARTY WEBSITES

This site may link to other sites which are not maintained by, or related to, EHP. You represent and warrant that you have read and agree to be bound by all applicable Terms of Use and policies for any third-party websites. Links to such sites are provided as a service to users and are not sponsored by or affiliated with this site or EHP. EHP has not reviewed any or all of such sites and is not responsible for the content of those sites. Links are to be accessed at the user’s own risk, and EHP makes no representations or warranties about the content, completeness or accuracy of the sites linked to or from this site. You expressly hold EHP harmless from any and all liability related to your use of a third-party website.

EHP provides links as a convenience, and the inclusion of any link to a third-party site does not imply endorsement by EHP of that site or any association with its operators.

7. DISCLAIMER

EHP has made every effort to ensure that all information on the website has been tested for accuracy. EHP makes no guarantees regarding the results that you will see from using the information provided on the website.

The website was developed strictly for informational purposes. You understand and agree that you are fully responsible for your use of the information provided on the website. EHP makes no representations, warranties, or guarantees. You understand that results may vary from person to person. EHP assumes no responsibility for errors or omissions that may appear on the website.

You understand that EHP cannot and does not guarantee or warrant that files available for downloading from the Internet will be free of viruses, worms, Trojan horses, or other code that may manifest contaminating or destructive properties. The website is provided on an “as is” and “as available” basis without any representations or warranties, expressed or implied. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to this site for any reconstruction of any lost data. EHP does not assume any responsibility or risk for your use of the Internet.

The Content is not necessarily complete and up-to-date and should not be used to replace any written reports, statements, or notices provided by EHP.

YOUR USE OF THIS SITE IS AT YOUR OWN RISK. THE CONTENT IS PROVIDED AS IS AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED. SME DISCLAIMS ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. EHP DOES NOT WARRANT THAT THE FUNCTIONS OR CONTENT CONTAINED IN THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. EHP DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING USE, OR THE RESULT OF USE, OF THE CONTENT IN TERMS OF ACCURACY, RELIABILITY, OR OTHERWISE. THE CONTENT MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS, AND EHP MAY MAKE CHANGES OR IMPROVEMENTS AT ANY TIME. YOU, AND NOT EHP, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY LOSS OR DAMAGE ARISING FROM THE USE OF THIS SITE OR ITS CONTENT. SME MAKES NO WARRANTIES THAT YOUR USE OF THE CONTENT WILL NOT INFRINGE THE RIGHTS OF OTHERS AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH CONTENT.

All of the information on this site, whether historical in nature or forward-looking, speaks only as of the date the information is posted on this site, and EHP does not undertake any obligation to update such information after it is posted or to remove such information from this site if it is not, or is no longer accurate or complete.

8. LIMITATION ON LIABILITY

EHP, ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS WILL NOT BE LIABLE FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES, INCLUDING LOSS OF REVENUE OR INCOME, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR SIMILAR DAMAGES, EVEN IF SME HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

9. TERMINATION OR RESTRICTION OF ACCESS

EHP reserves the right, in its sole discretion, to terminate your access to any or all of EHP’s websites and the related services or any portion thereof at any time, without notice.

You are specifically restricted from all of the following:

  • publishing any Website material in any other media

  • selling, sublicensing and/or otherwise commercializing any Website material

  • publicly performing and/or showing any Website material

  • using this Website in any way that is or may be damaging to this Website

  • using this Website in any way that impacts user access to this Website

  • using this Website contrary to applicable laws and regulations, or in any way may cause harm to the Website, or to any person or business entity

  • engaging in any data mining, data harvesting, data extracting or any other similar activity in relation to this Website

  • using this Website to engage in any advertising or marketing

Certain areas of this Website are restricted from being accessed by you and EHP may further restrict access by you to any areas of this Website, at any time, in absolute discretion.

10. INDEMNITY

You will indemnify and hold EHP, its subsidiaries, affiliates, licensors, content providers, service providers, employees, agents, officers, directors, and contractors (the “Indemnified Parties”) harmless from any breach of these Terms of Use by you, including any use of Content other than as expressly authorized in these Terms of Use. You agree that the Indemnified Parties will have no liability in connection with any such breach or unauthorized use, and you agree to indemnify any and all resulting loss, damages, judgments, awards, costs, expenses, and attorneys’ fees of the Indemnified Parties in connection therewith. You will also indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of your use of the information accessed from this site.

11. TRADEMARKS AND COPYRIGHTS

The trademarks, trade names, service marks, and logos (“Trademarks”) appearing on this Website, including without limitation Envision Health Press and/or its distinctive logo. All other content on this Website (“Copyrights”), including all page headers, custom graphics, button icons, and scripts are copyrighted works of EHP, and may not be copied, imitated or used, in whole or in part, without the prior written permission of EHP. From time to time, the website will legally utilize intellectual property owned by third parties related to our services. The rights in any third party trademarks or copyrighted works on this Website are retained by their respective owners. Nothing in this Agreement shall confer any right of ownership of any of the Trademarks or Copyrights to you. Further, nothing in this Agreement shall be construed as granting, by implication, estoppel or otherwise, any license or right to use any Trademark or Copyright without the express written permission of EHP. The misuse of the Trademark or Copyrighted works displayed in this site, or any other content on the site, is strictly prohibited and may expose you to liability.

All contents of EHP’s websites are: Copyright © ENVISION HEALTH PRESS, LLC. All rights reserved.

12. MISCELLANEOUS

These Terms of Use will be governed and interpreted pursuant to the laws of Texas, United States of America, notwithstanding any principles of conflicts of law. You specifically consent to personal jurisdiction in Texas in connection with any dispute between you and EHP arising out of these Terms of Use or pertaining to the subject matter hereof.

If any part of these Terms of Use is unlawful, void or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and EHP as a result of this agreement or use of EHP’s websites.

These Terms of Use constitute the entire agreement among the parties relating to this subject matter and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written between the user and EHP with respect to EHP’s websites.

A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

The Terms of Use may not be assigned by you without our prior written consent, however, the Terms of Use may be assigned by us at our sole discretion.

Notwithstanding the foregoing, any additional terms and conditions on this site will govern the items to which they pertain.

EHP may revise these Terms of Use at any time by updating this posting.