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Terms of Use

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE.

Last Updated: December 8, 2010

Welcome to the website HealthNews.com, operated by Health News, Inc. (“HealthNews” or “us” or “we”). The term “you” or “your” refers to the user or viewer of HealthNews.com, including any related websites maintained by HealthNews, such as the HealthNewsUS Twitter page (collectively, the “Sites”). If you continue to browse and use the Sites, including by posting content on any interactive part of the Sites, you acknowledge that you have read, understood and agree to be bound by the following terms and conditions of use (“Terms”), which together with our Privacy Policy govern our relationship with you in relation to the Sites. If you do not agree to all of these Terms, do not use the Sites.

HealthNews may revise and update these Terms at any time. Your continued usage of the Sites will mean you accept those changes.

The Sites Do Not Provide Medical Advice

The contents of the Sites, such as text, graphics, images, information obtained from the HealthNews Sites (“Content”) are for informational purposes only. The Content is not intended to be a substitute for professional medical advice, diagnosis or treatment. None of the authors of any Content on the Sites, even if the author is a licensed physician, is providing you with medical advice through the Sites. Always seek advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. Please review any news or information you see on the Sites with your own physician in order to obtain actual medical advice. Never disregard professional medical advice or delay in seeking it because of something you have read on the Sites.

If you think you may have a medical emergency, call your doctor or 911 immediately. HealthNews does not recommend or endorse any specific tests, physicians, product procedures, opinions or other information that may be mentioned on HealthNews. Reliance on any information provided by HealthNews, HealthNews employees, others appearing on the Sites at the invitation of HealthNews or other visitors to the Sites is solely at your own risk.

Children’s Privacy

We are committed to protecting the privacy of children. You should be aware that the Sites are not intended for or designed to attract children under the age of 13. We do not collect personally identifiable information from any person we actually know is a child under the age of 13. Our Privacy Policy explains what we do with any such information.

Registration and Passwords

For some areas of the Sites, you may have to complete a registration process or create a profile. Completion of the process will usually create an account with a user name and password or other identifier which you agree to guard as confidential information. You are responsible for taking all reasonable steps to ensure that no unauthorized person will have access to your HealthNews passwords or accounts. It is your sole responsibility to (1) authorize, monitor and control access to and use of your account and password; and (2) promptly inform HealthNews of any need to deactivate a password. You agree to provide accurate, current and complete information at all times. You also agree that you will review, maintain, correct and update such information in a timely manner to maintain its accuracy and completeness by using the means allowed for the relevant information or, when appropriate, by contacting us. If you provide (or HealthNews has reasonable grounds to believe that you provided) any information that is inaccurate, not current, or incomplete, HealthNews may suspend or terminate your access to the Sites in addition to exercising all rights and remedies allowed by law.

You grant HealthNews and all other persons or entities involved in the operation of the Sites the right to transmit, monitor, retrieve, store, and use your information in connection with the operation of the Sites. HealthNews cannot and does not assume any responsibility or liability for any information you submit, or your or third parties' use or misuse of information transmitted or received using HealthNews tools and services.

Privacy Policy

Our Privacy Policy is part of these Terms and is incorporated herein. Do not provide, or allow others to provide, personal information about anyone unless you, on your own behalf and on behalf of anyone whose information you provide: (a) have reviewed and agree with the Privacy Policy; and (b) are authorized to, and do, consent to have all data used and transferred internationally if you are located outside the Untied States.

License Grant for Content Submissions and Related

The Sites contains a variety of information provided by users, including information, data, text, software, music, sound, photographs, graphics, video, messages or other materials, that you may upload, post or otherwise provide in connection with the Sites. You may review, download, copy, distribute and use the content solely for non-commercial purposes. You may not sell the content or otherwise distribute it for a fee.

If you provide content to the Sites, you:

  • represent and warrant that the content you provide is (a) wholly your original work, or (b) that you have all necessary right, title, interest and licenses to upload it and make it available to HealthNews and other users for download, distribution and use under these Terms without (i) violation (by you, us, users or anyone else), of any applicable license, restriction or law, or (ii) a potentially adverse consequence to us, users or anyone else; and
  • grant HealthNews and each user of the Sites who downloads the content under these Terms, a perpetual, nonexclusive, worldwide, royalty-free, fully paid up, irrevocable license for any purpose (commercial or noncommercial) to (i) use, copy, distribute, modify and create derivative works from the content; (ii) publicly perform or display, license and distribute copies of the content, modified content and derivative works of the content; and (iii) sublicense to third parties the foregoing rights, including the right to further sublicense to third parties.

In addition to the rights above, you acknowledge and agree that we may keep the content you provide indefinitely and disclose it for any purpose, including but not limited to: (a) comply with legal process; (b) enforce these Terms; (c) respond to claims that any content violates the rights of third parties; or (d) without undertaking a duty to do so, protect the rights, property or personal safety of HealthNews, its users and the public.

HealthNews Community and Member to Member Areas

If you use a community or member to member areas such as message boards, comment boxes, blogs (“Public Areas”), you are solely responsible for your own communications, the consequences of posting those communications, and your reliance on any communications found in the Public Areas. HealthNews is not responsible for the consequences of any communications in the Public Areas. In cases where you feel threatened or believe someone else is in danger, you should contact your local law enforcement agency immediately. If you think you may have a medical emergency, call your doctor or 911 immediately.

In consideration of being allowed to use the Public Areas, you agree that the following actions will constitute a material breach of these Terms:

  1. Using Public Areas for any purpose in violation of local, state, national, or international laws;
  2. Posting material that infringes on the intellectual property rights of others or on the privacy or publicity rights of others;
  3. Posting material that is unlawful, obscene, defamatory, threatening, harassing, abusive, slanderous, hateful, or embarrassing to any other person or entity as determined by HealthNews in its sole discretion;
  4. Posting advertisements or solicitations of business;
  5. After receiving a warning, continuing to disrupt the normal flow of dialogue, or posting comments that are not related to the topic being discussed (unless it is clear the discussion is free-form);
  6. Posting chain letters or pyramid schemes;
  7. Impersonating another person;
  8. Distributing viruses or other harmful computer code;
  9. Harvesting or otherwise collecting information about others, including email addresses, without their identification for posting or viewing comments;
  10. Allowing any other person or entity to use your identification for posting or viewing comments;
  11. Posting the same note more than once or "spamming"; and
  12. Engaging in any other conduct that restricts or inhibits any other person from using or enjoying Public Areas or the Sites, or which, in the judgment of HealthNews, exposes HealthNews or any of its customers or suppliers to any liability or detriment of any type.

HealthNews reserves the right (but is not obligated) to do any or all of the following:

  1. Record the dialogue in Public Areas;
  2. Investigate an allegation that a communication does not conform to the terms of this section and determine in its sole discretion to remove or request the removal of the communication;
  3. Remove communications which are abusive, illegal, or disruptive, or that otherwise fail to conform with these Terms;
  4. Terminate a user's access to any or all Public Areas and the Sites upon any breach of these Terms;
  5. Monitor, edit or disclose any communication in the Public Areas; and
  6. Edit or delete any communication posted on the Sites, regardless of whether such communication violate these standards.

Rights to Content

The Sites provide a variety of information, including information, data, text, software, music, sound, photographs, graphics, video, messages or other materials, that you upload, post or otherwise provide in connection with the Sites. You may review, download, copy, distribute and use the content solely for non-commercial purposes. You may not sell the content or otherwise distribute it for a fee.

The Sites are controlled by us from our offices within the United States of America. If you choose to access the Sites from locations outside the U.S., you do so at your own risk and you are responsible for compliance with any local laws. You may not use or export anything (including information) from the Sites in violation of U.S. export laws, regulations or the Terms.

Notice and Takedown Procedures; Copyright Agent

The Sites are protected by intellectual property laws. All rights not expressly granted to you are reserved. The Sites contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited without authorization. Unauthorized use of the Sites may give rise to a claim for damages and be a criminal offense.

It is our policy to terminate in appropriate circumstances any (if any) account or right of access for repeated infringement, we also reserve the right to terminate for even one infringement. HealthNews respects the intellectual property rights of others and request that users of the Sites do the same.

If you believe any materials accessible on or from the Sites infringe your copyright, you may request removal of those materials (or access thereto) from the Sites by contacting HealthNews’ copyright agent (identified below) and providing the following information:

  1. Identification of the copyrighted work that you believe to be infringed. Please describe the work, and where possible include a copy or the location (e.g., URL) of an authorized version of the work.
  2. Identification of the material that you believe to be infringing and its location. Please describe the material and provide us with its URL or any other pertinent information that will allow us to locate the material.
  3. Your name, address, telephone number and (if available) e-mail address.
  4. A statement that you have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent or the law.
  5. A statement that the information that you have supplied is accurate and indicating that "under penalty of perjury," you are the copyright owner or are authorized to act on the copyright owner's behalf.
  6. A signature or the electronic equivalent from the copyright holder or authorized representative.

HealthNews’ agent for copyright issues relating to the Sites is as follows:

HealthNews, Inc. 5565 S. Decatur Blvd., Suite 101 Las Vegas, NV 89118 (702) 509-7999

In an effort to protect the rights of copyright owners, HealthNews maintains a policy for the termination, in appropriate circumstances, of subscribers and account holders of the Sites who are repeat infringers.

Searches and Links to Other Sites

The Sites may provide links to third party web sites. HealthNews does not recommend and does not endorse the content on any third party websites. HealthNews is not responsible for the content of linked third party sites, sites framed within the Sites including any featured blogs, third party sites provided as search results, or third party advertisements, and does not make any representations regarding their content or accuracy. Your use of third party websites is at your own risk and subject to the terms and conditions of use and privacy policies for such sites.

Advertisements

The Sites also may select certain sites as priority responses to search terms you enter and HealthNews may agree to allow advertisers to respond to certain search terms with advertisements or sponsored content. HealthNews is not responsible for the content of these advertisements. HealthNews does not endorse any product, service, or treatment advertised on the Sites.

Indemnity

You agree to defend, indemnify, and hold HealthNews, its officers, directors, employees, agents, licensors, and suppliers, harmless from and against any and all losses, damages, liability and costs of every nature incurred in connection with any claim, damage or loss related to or arising out of the content you provide, your use of the Sites, any assistance or services provided by us, any alleged unauthorized use of the Sites, or any breach or alleged breach by you of these Terms. You agree to cooperate fully in the defense of any of the foregoing. We reserve the right, at our own expense, to control exclusively the defense of any matter otherwise subject to indemnification by you and you will not settle any matter without our written consent.

NO WARRANTIES, CONDITIONS OR OTHER DUTIES

THE SITES AND ALL CONTENT, FUNCTIONALITY, ASSISTANCE AND SERVICES PROVIDED BY HEALTHNEWS OR THIRD PARTIES ARE SUBJECT TO CHANGE AND PROVIDED BY US OR THIRD PARTIES “AS IS,” “WITH ALL FAULTS” and “AS AVAILABLE,” WITHOUT ANY WARRANTY OR CONDITION, AND WITHOUT THE UNDERTAKING OF ANY DUTY, OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY (IF ANY) WARRANTIES OR CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY DUTY (IF ANY) OF WORKMANLIKE EFFORT OR LACK OF NEGLIGENCE, THE SITES ARE PROVIDED: (1) WITH ALL FAULTS AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU; AND (2) WITHOUT ANY ASSURANCE, OR WARRANTY, CONDITION OR DUTY OF OR REGARDING FUNCTIONALITY; PRIVACY; SECURITY; ACCURACY; AVAILABILITY; LACK OF NEGLIGENCE, INTERRUPTION, VIRUSES OR OF OTHER HARMFUL CODE, COMPONENTS OR TRANSMISSION; OR THE NATURE OR CONSEQUENCES OF AVAILABLE CONTENT SUCH AS (WITHOUT LIMITATION) WHETHER SOFTWARE OR OTHER CONTENT IS SUBJECT TO ANY PARTICULAR LICENSE, OR WHETHER IT IS SUBJECT TO ANY RESTRICTIONS OR CONSEQUENCES THAT MIGHT BE TRIGGERED BY ANY EXERCISE OF A RIGHT GRANTED UNDER THESE TERMS. ALSO, THERE IS NO WARRANTY BY US OR THIRD PARTIES OF TITLE OR AGAINST INFRINGEMENT OR INTERFERENCE WITH ENJOYMENT OR ANY ASPECT OF THE SITES.

WE ALSO MAKE NO REPRESENTATION OR WARRANTIES REGARDING THE SATISFACTION OF ANY GOVERNMENT REGULATIONS REQUIRING DISCLOSURE OF INFORMATION ON PRESCRIPTION DRUG PRODUCTS OR THE APPROVAL OR COMPLIANCE OF ANY SOFTWARE TOOLS WITH REGARD TO THE CONTENT CONTAINED ON THE SITES.

YOU AGREE THAT YOU WILL OBTAIN (INCLUDING THROUGH DOWNLOAD) ANY CONTENT ENTIRELY AT YOUR OWN RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY RESULTING INFRINGEMENT, BREACH OF CONTRACT, CONSEQUENCE OR DAMAGE, INCLUDING TO YOUR COMPUTER SYSTEM OR LOSS OF DATA.

NO INCIDENTAL, CONSEQUENTIAL OR CERTAIN OTHER DAMAGES

TO THE FULL EXTENT ALLOWED BY LAW, YOU AGREE THAT NEITHER HEALTHNEWS NOR ANY THIRD PARTIES, WILL BE LIABLE TO YOU OR ANYONE ELSE FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES, DAMAGES FOR LOST PROFITS, FOR LOSS OF PRIVACY OR SECURITY, FOR LOSS OF REPUTATION, FOR FAILURE TO MEET ANY DUTY (INCLUDING ANY DUTY OF GOOD FAITH OR LACK OF NEGLIGENCE OR OF WORKMANLIKE EFFORT), OR FOR ANY OTHER SIMILAR DAMAGE WHATSOEVER THAT ARISE OUT OF OR ARE RELATED TO ANY ASPECT OF THE SITES OR TO ANY BREACH OF THESE TERMS (INCLUDING THE PRIVACY POLICY), EVEN IF WE OR A THIRD PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IN THE EVENT OF FAULT, TORT (INCLUDING NEGLIGENCE) OR STRICT OR PRODUCTS LIABILITY OR MISREPRESENTATION.

EXCLUSIVE REMEDY; DAMAGE LIMITATION

YOU AGREE THAT YOUR EXCLUSIVE REMEDY FOR ANY BREACH OF THESE TERMS (INCLUDING THE PRIVACY POLICY) AND FOR ANY AGGREGATE DAMAGES DUE YOU (OR OTHERS RELATED TO YOU) BY HEALTHNEWS OR ANY THIRD PARTIES FOR ANY REASON RELATING TO ANY PART OF THE SITES, WILL BE AT OUR OPTION: (A) SUBSTITUTION, CORRECTION, OR REPLACEMENT OF ALL OR PART OF THE CONTENT OR SERVICE CAUSING YOUR DAMAGE (IF ANY); OR (B) THE AMOUNT OF YOUR DAMAGES THAT YOU ACTUALLY INCUR IN REASONABLE RELIANCE ON THE SITES, WHICH AMOUNT WILL NOT EXCEED TEN DOLLARS US$10.00. THE DAMAGE EXCLUSIONS AND LIMITATIONS IN THESE TERMS ARE INDEPENDENT AND WILL APPLY EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

Governing Law, Jurisdiction and Venue

Your use of the Sites and any dispute arising out of such use is subject to the laws of the United States of America and the State of Delaware. You hereby consent to exclusive jurisdiction of the state or federal courts of general jurisdiction located in King County, Washington, except to the extent you are prohibited from doing so by applicable law.

Entire Agreement; Miscellaneous

These Terms, including the Privacy Policy, amendments and any notices, terms and items incorporated into any of them constitute the entire agreement between you and HealthNews regarding the Sites.

If any provision of the Terms is found by a court of competent jurisdiction to be invalid, its remaining provisions will remain in full force and effect, provided that the allocation of risks described herein is given effect to the fullest extent possible.

The headings used for the section in these Terms are for convenience and reference purposes only and will in no way affect the meaning or interpretation of these Terms.

Our failure to act with respect to a breach by you does not waive our right to act with respect to subsequent or similar breaches.

You may not assign these Terms or any of your rights or obligations under these Terms without our prior written consent. Any such transfer or assignment will be void and ineffective. HealthNews may freely assign these Terms and its rights and obligations hereunder without restriction.

The term “including” means “without limitation.”

You may print or make an electronic copy of the Terms for your official records.

Contact Us

Should you have any questions concerning these Terms or the Sites you may contact:

Health News, Inc. 5565 S. Decatur Blvd., Suite 101 Las Vegas, NV 89118 (702) 509-7999 E-mail Us

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