Website Terms & Conditions of Use
PLEASE READ THIS DOCUMENT CAREFULLY BEFORE USING THIS WEBSITE! IT CONTAINS IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS AS WELL AS LIMITATIONS AND EXCLUSIONS THAT MAY APPLY TO YOU. THIS DOCUMENT CONTAINS A CHOICE OF FORUM CLAUSE.
ACCEPTANCE; REPRESENTATIONS AND WARRANTIES; AMENDMENTS
INFORMATION WE PROVIDE IS NOT MEDICAL ADVICE
In providing information and materials on the Website, We are not rendering medical or other professional services or advice; Your use of the Website does not create a patient/provider relationship with any Website representative, and You acknowledge that the Website and the BCAT® and associated features are provided for information purposes only, and are not intended to be nor should You consider any information therein as medical advice. Please consult a licensed physician or appropriate healthcare provider for medical advice. The statements on the Website and in the have not been evaluated by the FDA. The Website and its features are not intended to diagnose, treat, cure, or prevent any disease or condition. Reliance on any information provided by MHT, its employees or others appearing on the Website is solely at your own discretion and risk. The owner of this Website and the BCAT®, and its Member Dr. William Mansbach, individually are not responsible for any result of Your use, or misuse, of the information provided on the Website
We are committed to protecting the privacy of children. You should be aware that this Website is not intended or designed to attract children under the age of 18. The Website is not designed to collect personally identifiable information from any person we actually know is a child under the age of 18. The Website is not intended for use of children under the age of 18. However, we cannot prohibit minors from visiting this Website. We rely on parents, guardians and those responsible for supervising children under 18 to decide which materials are appropriate for such children to view and/or purchase. Pursuant to 47 U.S.C. Section 230 (d), as amended, We hereby notify You that parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available on the two websites GetNetWise and OnGuard Online. Please note that We do not endorse any of the products or services listed at such websites.
COPYRIGHT AND LIMITED LICENSE
The Website, and all words, pictures, content graphs, charts and other matters presented or made available on the Website are owned by and sourced from Us are Copyright 2012 Mansbach Health Tools, LLC (the “Information”) and protected by copyright pursuant to U.S. copyright laws, international conventions and other copyright laws. The Content is only for Your personal. All other rights of MHT and the Website, and all associated features are expressly reserved to MHT. You will abide by any and all additional copyright notices, information, or restrictions contained in any Information on the Website. We grant You a limited, non-exclusive, revocable license based on your membership level (inclusive of all paid levels) to make use of the Information for Your own personal, internal business purpose use only; You may copy and/or download items displayed on this Website for personal use only which are subject to restrictions below, and provided that You maintain all copyright and other notices contained in such Information. Copying or storing of any Information for other than personal, is expressly prohibited without the prior written permission from MHT or the copyright holder identified in the applicable individual Information’s copyright notice. You will not present the Information of the BCAT® or the Website to others as material created by You. You shall not reproduce, make derivative works from or modify any of the Information in BCAT® or the Website without the prior written consent of MHT. You may not distribute copies of Information from the BCAT® or the Website in any form without prior written permission from MHT.
NO COMMERCIAL EXPLOITATION OF THE INFORMATION AND ANY OTHER CONTENT OF THE WEBSITE IS PERMITTED. THIS PROHIBITION INCLUDES BUT IS NOT LIMITED TO PRINT, ELECTRONIC OR BROADCAST MEDIA. YOU MAY NOT REPRODUCE OR REPRINT (ELECTRONICALLY OR HARD COPY) BCAT® OR ANY MATERIALS FOUND ON THE WEBSITE FOR PUBLICATION IN ANY PUBLICATION OR MANNER (MEDIA, ELECTRONICALLY OR HARD COPY), AND YOU MAY NOT REPRODUCE ANY OF THE INFORMATION OF THE WEBSITE FOR USE IN PRESENTATIONS OR LECTURES WITHOUT PRIOR WRITTEN PERMISSION FROM US. YOU MAY NOT POST IT ON ELECTRONIC BULLETIN BOARDS. YOU MAY NOT FORWARD ANY INFORMATION TO THIRD PARTIES. YOUR LICENSE TO USE THE CONTENTS OF THE WEBSITE SHALL BE NARROWLY CONSTRUED. IF A RIGHT IS NOT SPECIFICALLY GRANTED IT IS RESERVED TO MHT.
ANY REQUESTS FOR PUBLICATION OR REPRINTS SHOULD BE DIRECTED TO MHT CARE OF: firstname.lastname@example.org
MISUSE OF THE WEBSITE
NO LICENSE TO TRADEMARKS
All trademarks, service marks, tradenames or other identifying marks displayed on the Website, including and not limited to Mansbach Health Tools, BCAT® and ENRICH®, (the “Marks”) are owned by Us and/or Our licensors. Except as applicable law may otherwise provide, or as We may otherwise agree in a signed, separate writing, We do not consent to any use of the Marks by any person and do not grant You any right to use the Marks displayed on this Website.
LINKING TO THE DOMAIN; NO “FRAMING”
We permit reasonable, good faith and non-defamatory links to the Website so long as: (i) it is clear in the link reference that Mansbach Health Tools does not endorse the contents of the referring page and that any statements made have not been reviewed or approved by Us; and (ii) no use is made of Our Marks (though our wordmarks may be used if proper credit is provided on the page). We do not consent to “framing” Our content or any Website Information inside of any other page.
THIRD PARTY SITES
TERM & TERMINATION
You hereby agree to indemnify, defend and hold MHT, and all its officers, directors, owners, agents, employees, information providers, licensors and licensees (collectively, the “Indemnified Parties”) harmless from and against any and all liability and costs incurred by the Indemnified Parties in connection with any claim arising out of Your use of the Website, Your postings on the Website, forums or discussions, any breach by You of the Agreement or the foregoing representations, warranties and covenants, including, without limitation, attorneys’ fees and costs. You shall cooperate as fully as reasonably required in the defense of any claim. MHT reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by You and You shall not in any event settle any matter without the written consent of MHT.
DISCLAIMER OF WARRANTIES
WE AND OUR CONTRIBUTORS MAKE NO REPRESENTATIONS OR WARRANTIES TO YOU ABOUT THE SUITABILITY, ACCURACY, QUALITY OR RELIABILITY OF THE WEBSITE INFORMATION, ANY OF ITS CONTENTS OR POSTINGS FOR ANY PURPOSE. ALL WEBSITE INFORMATION, CONTENTS INCLUDING BUT NOT LIMITED TO THE BCAT® AND POSTINGS ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. WE HEREBY DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE WEBSITE INFORMATION OR POSTINGS, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, TITLE AND NON-INFRINGEMENT, AND ANY IMPLIED WARRANTIES ARISING UNDER SUBTITLE 4 OF TITLE 22 OF THE MARYLAND ANNOTATED CODE COMMERCIAL LAW ARTICLE. THERE IS NO WARRANTY THAT ANY WEBSITE INFORMATION, POSTINGS, CONTENT, EFFORTS, SERVICES, THE WEBSITE OR ANY SYSTEM PROVIDED BY US WILL FULFILL ANY OF YOUR PARTICULAR PURPOSES OR NEEDS.
YOU AGREE THAT YOUR SOLE REMEDY IN THE EVENT YOU HAVE ANY CLAIM AGAINST US IN RESPECT OF THE WEBSITE OR ANY WEBSITE INFORMATION, CONTENT INCLUDING BUT NOT LIMITED TO THE BCAT®, SUBMISSION OR POSTING IS FOR US TO REPAIR, REPLACE OR OTHERWISE CORRECT SUCH WEBSITE INFORMATION, SUBMISSION OR POSTINGS; UNDER NO CIRCUMSTANCES WILL WE BE LIABLE TO YOU FOR ANY DAMAGES, COSTS OR FEES OF ANY KIND, INCLUDING BUT NOT LIMITED TO ACTUAL, COMPENSATORY, DIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, WHETHER OR NOT OCCASIONED BY OUR NEGLIGENCE. FURTHER, IN NO EVENT SHALL WE AND/OR OUR CONTRIBUTORS BE LIABLE TO YOU FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE WEBSITE OR WEBSITE INFORMATION, CONTENTS INCLUDING BUT NOT LIMITED TO THE BCAT®, SUBMISSIONS OR POSTINGS AVAILABLE ON THE WEBSITE, EVEN IF WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
NOTICE ON CONFIDENTIALITY
You acknowledge that transmissions to and from this Website are not confidential and your communications may be read or intercepted by others. You acknowledge that by submitting communications to MHT, no confidential, fiduciary, and contractually implied or other relationship is created between You and MHT.
CHOICE OF LAW & FORUM; ATTORNEY’S FEES
ACCEPTABLE USE POLICY OF WEBSITE
· Use or attempt to use the Website for any illegal, abusive or unethical activities as determined by us in our sole discretion, which include by example and not limitation, transmission of illegal pornographic material, invasion of privacy, defamation, infringement of another person’s copyright, trade secret, patent, trademark or other intellectual property rights, hacking or cracking (gaining unauthorized use of a computer), distributing computer viruses or other malware, gambling, harassment of another or distribution of other harmful materials, code, programs or scripts.
· Send unsolicited bulk mail messages (“junk mail” or “spam”). This includes bulk-mailing of commercial advertising, information announcements, charitable solicitations and political solicitations. Such material may only be sent to those who have specifically requested it or as authorized by applicable law, provided that if you assert that your activities are authorized by applicable law, you shall provide an opinion of reputable counsel establishing a basis upon which your actions are taken. Malicious or threatening e-mail is also prohibited. Normally we will assume that you are in compliance with this provision, however, if an upstream vendor blacklists our IP range or mail server as a result of activities we trace to you, we will presume that you are in violation of this provision.
· Undermine the security or integrity of computing systems or networks or gain unauthorized access or control over our computers or any other person’s computers.
· Permit another person to use your resources or the Website to conduct any of the matters you are prohibited from doing.
· Distribute any files in any peer-to-peer or file sharing arrangement, where it is possible that in such file sharing process any of the Website may be used to distribute copyrighted materials to or from persons who are not authorized to receive, copy, distribute or use them.
· Take any action that would cause us to violate any terms of an upstream service MHT’s Acceptable Use Policy of Website.
· Engage in any activity disruptive or abusive towards Our Users or to Website operations, including and not limited to:
· Distribute or post any virus, worm, Trojan horse, or computer code intended to disrupt services, destroy data, destroy or damage equipment or disrupt Website operations;
· Degrade or impair the operation of Our servers and facilities or the servers and facilities of other network hosts or Internet users;
· Post messages or software programs that consume excessive CPU time or storage space; and/or
· Subvert, or assist others in subverting, the security or integrity of any of Our systems, facilities or equipment.
The above list of acceptable and unacceptable uses of the Website is not intended to be exhaustive, but rather illustrative of the range of unacceptable uses. We have the right in our sole discretion to determine whether any particular conduct is an acceptable use of the Website. In cases where we determine you engaged in conduct that you reasonably believed did not violate this policy in good faith, we will provide you electronic notice of our determination that such conduct is not an acceptable use, and provided you cease such conduct not later than 24 hours after such notice, you will not be considered to be in breach of this Agreement.