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AGREEMENT
The [HealthSpan] E-Coach Service (the "Service") provides health and wellness education and support to individuals through the [HealthSpan E-Coach Website (the "Website"). The Website is comprised of various Web pages operated by [HealthSpan] and its web affiliate, Hummingbird Coaching Services (HCS). This Agreement ("Agreement") is between you and [HealthSpan] and HCS and governs your use of the Website.
The Website is offered to you conditioned on your acceptance, without modification, to the terms, conditions, and notices herein. CLICKING ON THE "I ACCEPT" BUTTON AND YOUR USE OF THE WEBSITE CONSTITUTES YOUR ACCEPTANCE OF THIS AGREEMENT. HealthSpan] and HCS reserve the exclusive right to make any decisions regarding the interpretations of this Agreement and the application and construction of the Website.
You represent that you are at least 18 years of age and have attained the age of majority in the province, state or county in which you reside, and that all information you submit is correct.
THE WEBSITE
The Website is available 24 hours a day, 7 days a week. Notwithstanding the foregoing, there may be brief periods when the Website is not available due to routine maintenance or technical difficulties. HealthSpan AND HCS DISCLAIM ANY REPRESENTATION OR WARRANTY THAT USE OF THE WEBSITE WILL BE UNINTERRUPTED AND ERROR FREE.
NO UNLAWFUL USE
You agree that you will not use the Website for any purpose that is unlawful or prohibited by this Agreement. You may not use the Website in any way which could damage, disable, overburden, or impair the Website or interfere with any other party’s use and enjoyment of the Website. You may not obtain or attempt to obtain any materials or information through any means not intentionally provided through the Website.
USER CONDUCT
The Website may contain chat areas, news groups, forums, communities, personal web pages and other messages or communications designed to enable you to communicate with the public at large or a group of individuals ("Communication Services"). In using the Communication Services, you agree to conduct yourself in a manner that is not offensive or harassing to the other individuals that may also be accessing the Website. Such offensive behavior may include using communications to:
1. Defame, abuse, harass, stalk, threaten or otherwise violate the rights of others;
2. Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful material or information;
3. Upload files that contain viruses, corrupted filed or any other similar software or programs that may damage the operation of a computer;
4. Advertise or offer to sell or buy goods or services for any business purpose; or
5. Violate any applicable law or regulation.
HealthSpan and HCS do not control or endorse the content, messages or information found in any Communication Service and disclaim liability with regard to the Communication Services. HealthSpan and HCS reserve the right to determine, in their sole discretion, what constitutes inappropriate language and/or offensive behavior and whether it is grounds for termination of this Agreement and/or your status in the Service.
CONFIDENTIALITY
Unless otherwise specified herein, all information shared on-line by you is deemed confidential and shall not be used or disclosed to third-parties by HealthSpan or HCS. HealthSpan and HCS may be required to disclose such information in accordance with applicable law, statute, regulation, or court or administrative order. Always use caution when providing personally identifiable information about yourself in any Communication Service.
Click here to reference the HealthSpan E-Coach Privacy Statement.
PASSWORDS
You shall assume sole responsibility for the privacy and security of passwords issued by HealthSpan or HCS. Unless expressly approved by prior written notice from HealthSpan or HCS, a password is valid for use online in the country in which it is issued. If you have reason to believe that any password is being used by someone other than an authorized individual, please notify HealthSpan.
MODIFICATIONS
HealthSpan and HCS reserve the right to amend this Agreement. You are responsible for reviewing any terms, conditions and notices posted on the Website. Amendments shall be posted on the Website and shall be deemed effective upon posting. Your continued use of the Website constitutes acceptance of the terms and conditions stated herein.
OWNERSHIP; LICENSE GRANT
HealthSpan and HCS agree to provide the Website to you for informational purposes only. HealthSpan and HCS assume no responsibility for its accuracy, and all information is subject to change without notice. Any use of, or actions taken based upon, any of the information contained on the Website is done entirely at your own risk. HealthSpan and HCS will not claim ownership of any materials you provide to the Service through the Website. However, by posting, uploading, providing or submitting your information, you are granting HealthSpan, HCS, their affiliates and necessary sublicensees permission to use the information including but not limited to copying, distributing, publicly displaying, publicly performing, reproducing, editing, translating and reformatting your information; and publishing your name in connection with the information. HealthSpan and HCS, at any time and for any reason, may remove content you provide or submit to be posted on the Website. No compensation will be paid in connection with your submission. You may only submit information owned by you, submitted with permission from the owner or in the public domain.
Subject to the terms of this Agreement, HealthSpan and HCS grant you a revocable, nonexclusive, nontransferable, limited license to access and use the Website for personal use only and to electronically display, obtain a printout, or download information from the Website for personal use. The Website, and any related software, all files and data that may support the Website and content made available through such shall not be used for commercial purposes.
TRADEMARKS
The materials on the Website are protected by copyright, trademark, and intellectual property laws; any unauthorized use is prohibited. Except as otherwise provided, you agree not to copy, modify, distribute, translate, publish, display, disclose, rent, lease, modify, loan, distribute or create derivative works based on the Website, reverse engineer, reverse assemble, decompile, or disassemble the Website or any part thereof.
The names of actual companies and products mentioned herein may be the trademarks of their respective owners. You may not remove, alter, cover or distort any copyright, trademark or other proprietary rights notice on the Website.
LEGAL NOTICE AND GENERAL DISCLAIMER
HealthSpan AND HCS MAKE NO REPRESENTATIONS, WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, WITH RESPECT TO ANY INFORMATION OFFERED OR PROVIDED THROUGH THE WEBSITE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE WEBSITE ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. THE INFORMATION PROVIDED SHALL NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS. YOU SHOULD CONSULT WITH AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE IF NECESSARY.
IN NO EVENT SHALL HealthSpan, HCS, THEIR OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, OR AFFILIATES BE LIABLE FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR ANY OTHER DAMAGES ARISING OUT OF THE WEBSITE, EVEN IF SUCH PERSONS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. HealthSpan AND HCS DISCLAIM ANY AND ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR NONINFRINGEMENT.
YOU HEREBY WAIVE, RELEASE AND FOREVER DISCHARGE HealthSpan FROM ANY AND ALL RESPONSIBILITIES AND LIABILITY FOR INJURIES OR DAMAGES RESULTING FROM USE OF THE WEBSITE. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE WEBSITE, OR WITH ANY PART OF THIS AGREEMENT, YOUR EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEBSITE.
WAIVER; MEDICAL DISCLAIMER
The information contained in or made available through the Website is of a general nature and is not intended to replace the services of a trained health professional or to be a substitute for treatment, advice or care rendered by a professional. Should you have any health care related questions, suspect you have a health problem, or have symptoms requiring diagnosis or medical attention, you should contact a physician or other healthcare professional immediately.
TERMINATION; ACCESS RESTRICTION
HealthSpan and HCS may terminate this Agreement or terminate or suspend your access to the Website at any time, with or without cause, with or without notice. Upon such termination or suspension, your right to use the Website will immediately cease. UPON SUCH TERMINATION OR SUSPENSION, ANY INFORMATION YOU HAVE STORED ON THE WEBSITE MAY NOT BE RETREIVED LATER.
LINKS TO THIRD PARTY WEBSITES
The Website may contain links to other Websites ("Linked Sites"). The Linked Sites are not under the control of HealthSpan and HCS. HealthSpan and HCS are not responsible for the contents of any Linked Site, including any link contained in a Linked Site or changes or updates to a Linked Site. HealthSpan and HCS are not responsible for webcasting or any other form of transmission received from the Linked Site. HealthSpan and HCS are providing these links to you only as a convenience, and the including of any link does not imply endorsement by HealthSpan and HCS of the Linked Site or any association with its operators.
MISCELLANEOUS
To the maximum extent allowed by law, this Agreement is governed by the laws of the State of Washington and you hereby agree to the exclusive jurisdiction and venue of the courts in King County, Washington in all areas arising or relating to use of the Website. No joint venture, partnership, employment or agency relationship exists between you and HealthSpan and HCS through use of this Website as a result of this Agreement. In the event a part of this Agreement is deemed invalid or unenforceable pursuant to applicable law, all remaining portions of this Agreement shall be enforced to the maximum extent permitted by law. You may not assign this Agreement or transfer your rights to access the Website. Except as expressly stated herein, this Agreement constitutes the entire agreement between you and HealthSpan and HCS with respect to the Website.
CONTACTING THE WEBSITE
If you have questions about this Agreement, the practices of the Website or your interaction with the Website, Name of Company/Org.
Hummingbird Coaching Services
312 Walnut Street, Suite 1020
Cincinnati, OH 45202
(513) 287-6529
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