Use of this website, and information distributed in conjunction with this website is offered to
you
on your acceptance of these Terms of Use, our Privacy Policy and other notices posted on this
website. Your use of this website or of any content presented in any and all areas of the
website
indicates your acknowledgment and agreement to these Terms of Use, our Privacy Policy and other
notices posted on this website. If you do not agree to be bound by and comply with all of the
foregoing, you may not access or use our health care and medical information, services, or
website.
We suggest you print a copy of each of these documents for your records.
Nexus HealthCare Inc. shall have the right, at its sole discretion, to modify, add or remove any
terms
or conditions of these Terms of Use without notice or liability to you. Any changes to these
Terms
of
Use shall be effectively immediately following the posting of such changes on this website. You
agree to
review these Terms of Use from time to time and agree that any subsequent use by you of this
website
following changes to these Terms of Use shall constitute your acceptance of all such changes.
These
Terms of Use were last modified on May 23, 2006.
Disclaimer
This website is for informational purposes only and is not intended to provide specific medical
advice.
It is provided to you solely for the purpose of educating consumers on health and wellness
topics.
Nothing contained in the site is intended to be instructional for medical diagnosis or
treatment. We
do
not monitor the site for medical diagnostic or emergency health care purposes.
Nexus HealthCare Inc. has used its best commercial efforts to obtain the most accurate and
timely
information available. The information should not be considered complete, nor should it be
relied on
to
suggest a course of treatment for a particular individual. It should not be used in place of a
visit,
call, consultation or the advice of your physician or other qualified health care provider. You
should
never disregard medical advice or delay in seeking it because of something you have read in the
site.
Information contained in the site is not exhaustive and does not cover all diseases, ailments,
physical
conditions or their treatment. Should you have any health care related questions, call or see
your
physician or other qualified health care provider promptly, or contact your local emergency
services
in
case of an emergency. Always consult with your physician or other qualified health care provider
with
your health care related questions, or before embarking on a new treatment, diet or fitness
program.
The performance of this website and all information contained on, downloaded or accessed from
this
website are provided to you on an "as is" basis, without warranties of any kind whatsoever,
including
any implied warranties or warranties of merchantability, fitness for a particular purpose or
non-infringement of the rights of third parties. Nexus HealthCare Inc. shall be not responsible
for
any
problems or technical malfunction of any telephone network or lines, computer on-line systems,
servers,
Internet access providers, computer equipment, software, or any combination thereof including
any
injury
or damage to your or any other person's computer as a result of using this website.
Nexus HealthCare Inc. reserves the right, at its sole discretion, to modify, disable access to
or
discontinue, temporarily or permanently, any part or this entire website or any information
contained
thereon without liability or notice to you.
As a visitor to our website, you acknowledge and agree that any reliance on or use by you of any
information available on this website shall be entirely at your own risk. In no event shall
Nexus
HealthCare Inc. or any of its data providers be liable for any direct, indirect, consequential
or
exemplary damages arising from the use or the performance of this website, even if Nexus
HealthCare
Inc.
or such provider has been advised of the possibility of such damages.
Confidentiality and Transmissions over the Internet
The transmission of data or information (including communications by e-mail) over the Internet
or
other
publicly accessible networks is not secure, and is subject to possible loss, interception or
alteration
while in transit. Accordingly, we do not assume any liability for any damage you may experience
or
costs
you may incur as a result of any transmissions over the Internet or other publicly accessible
networks,
such as transmissions involving the exchange of e-mail with us (including those which may
contain
your
personal information). While we shall take commercially reasonable efforts to safeguard the
privacy
of
the information you provide us and treat such information in accordance with our Privacy Policy,
in
no
event will the information you provide to us be deemed to be confidential, create any fiduciary
obligations to you on our part, or result in any liability to you on our part in the event that
such
information is inadvertently released by us or accessed by third parties without our consent.
User Conduct and Obligations
You agree to follow all applicable laws and regulations when using this website. Furthermore,
you
agree
that you shall not:
a. upload, post or otherwise transmit through or to this website any content that:
-
i. is unlawful, abusive, threatening, harmful, obscene, lewd, offensive,
defamatory or
otherwise
objectionable;
- ii. might infringe the intellectual property rights, privacy rights, rights
of
publicity, or
other
proprietary rights of others;
- iii. contains any viruses, trojan horses, time bombs, or any other harmful
programs or
elements;
b. disrupt, place unreasonable burdens or excessive loads on, interfere with or
attempt
to gain
unauthorized access to any portion of our website, its computer systems, servers or networks;
c. provide false information about yourself to us, impersonate any other person, or
otherwise
attempt
to mislead others about your identity or the origin of any content, message or other
communication;
d. transmit junk mail, chain letters, or other unsolicited bulk e-mail or duplicative
messages;
e. collect information about other visitors to our website without their consent or
otherwise
systematically extract data or data fields, including without limitation any financial data or
e-mail addresses;
f. sell access to or the use of this website, including any content contained on,
downloaded or
accessed from this website, except as specifically permitted in writing by Nexus HealthCare
Inc.;
g. redistribute any content, provided by us in any manner whatsoever including by
means
of printed
publication, fax broadcast, web pages, e-mail, web newsgroups or forums, or any other electronic
or
paper-based service or method;
h. intentionally alter the format in which data is provided by us or otherwise
circumvent
our
regular
interfaces to such data; and
i. embed or import any data provided by us into any information services (whether or
not
web-based),
data files or application software, except as specifically permitted in writing by Nexus
HealthCare
Inc.
By uploading, posting or otherwise transmitting through or to our website any content, you grant
to
us,
our successors and assigns, a non-exclusive, world-wide, royalty free, perpetual, non-revocable
license
to use or distribute such content in any manner otherwise than as stated in our Privacy
Policy.
Indemnification by User
You agree to indemnify, defend and hold us and our affiliates, business partners, officers,
directors,
employees and agents harmless from any loss, liability, claim, demand, damage, or expense
(including
reasonable legal fees) asserted by any third party relating in any way to your use of this
website
or
breach of these Terms of Use. We reserve the right to assume the exclusive defense and control
of
any
matter subject to indemnification by you, which shall not excuse your indemnity obligations.
Third Party Websites, Content and Products and Services
Links or pointers to other websites and references to products and services offered by third
parties
are
provided to you for convenience only and do not constitute an endorsement or approval by us of
(i)
the
organizations that operate such websites; (ii) the content, privacy policies or other terms of
use
on
such websites; or (iii) such third party products and services. As we have no control or
responsibility
over websites or content maintained by other organizations, or for products and services offered
by
third parties, we do not assume any liability for your use of any of the foregoing, which use
you
acknowledge and agree shall be at your own risk.
Proprietary Rights
Nx, Nexushealthcare.com, Nxminute-care, Nxtele-care, service-marks, trade-marks, and other
identifying
marks of Nexus HealthCare Inc. are and shall remain the trade-marks and trade names and
exclusive
property of Nexus HealthCare Inc. and Nexus HealthLink Inc., and any unauthorized use of these
marks
are
unlawful. Other trade-marks on this website are the property of their respective owners. All
content
on
this website, including without limitation all programs, interface layout, interface text,
documentation
and graphics, is the copyrighted property of Nexus HealthCare Inc. and is protected by
international
copyright law. The content on this website may be used by you only for your personal,
non-commercial
use
as provided for in these Terms of Use, but may not be taken out of context or presented in a
misleading
or discriminatory manner. Any rights not expressly granted to you are reserved by us.
Notice of Copyright Infringement
Our policy is to comply with all intellectual property laws and to act expeditiously upon
receiving
any
notice of claimed infringement. If you believe that your work has been reproduced on this
website in
a
manner that constitutes copyright infringement, please provide a notice of copyright
infringement
containing all of the following information:
- A physical or electronic signature of a person authorized to act on behalf of the
copyright
owner for
the purposes of the complaint.
- Identification of the copyrighted work claimed to have been infringed.
- Identification of the material on our website that is claimed to be infringing or to be
the
subject of
infringing activity.
- The address, telephone number or e-mail address of the complaining party.
- A statement that the complaining party has a good-faith belief that use of the material
in
the manner
complained of is not authorized by the copyright owner, its agent or the law.
- A statement, under penalty of perjury, that the information in the notice of copyright
infringement is
accurate, and that the complaining party is authorized to act on behalf of the owner of
the
right that
is allegedly infringed.
All notices of copyright infringement should be sent to:
copyright-infringement@nexushealthcare.com
General
If any provision of these Terms of Use is held invalid or unenforceable in any respect by any
court
having competent jurisdiction, such provision shall be enforced to the maximum extent permitted
by
law,
and the remaining provisions of these Terms of Use shall continue in full force and effect. No
waiver of
any provision of these Terms of Use shall be deemed a further or continuing waiver of such
provision
or
any other provision of these Terms of Use.
You agree that these Terms of Sale, our Privacy Policy and other notices posted on this website
have
been drawn up in English. Although translations in other languages of any of the foregoing
documents
may
be available, such translations may not be up to date or complete. Accordingly, you agree that
in
the
event of any conflict between the English language version of the forgoing documents and any
other
translations thereto, the English language version of such documents shall govern.
These Terms of Use shall be governed by and construed in accordance with the laws of the State
of
California and the United States of America applicable therein, without regard to conflict of
laws
provisions thereto. The parties consent to the exclusive jurisdiction of the courts of, and
venue
and
situs in, Los Angeles, CA, USA.
Contact
If you have any questions or concerns about our website or these Terms of Use, please feel free
to
contact us at:
terms-of-use@nexushealthcare.com
