Family Health West (FHW) Health Terms of Use & Acceptance of Terms Through Use

Please read and understand these terms and conditions of use before using this site

By using this Site, you signify your agreement to all terms, conditions, and notices contained or referenced herein (the “Terms of Use”). These Terms of Use are intended to be fully effective and binding upon you and us. If you do not agree to these Terms of Use please do not use this Site. We reserve the right, at our discretion, to update or revise these Terms of Use. You agree to review the Terms of Use as posted each time you use the services so that you are aware of any modifications made to these Terms of Use. Your continued use of this Site following the posting of any changes to the Terms of Use constitutes acceptance of those changes.

Agreement to Rules of User Conduct

You agree to abide by the FHW Health Rules of User Conduct, including but not limited to, agreeing not to use this Site for any unlawful purpose. A copy of the Rules of Conduct, which you should review, can be found below.

Medical Information Disclaimer

If you think you may have a medical emergency, call your doctor or 911 immediately.

The information contained in this Site is presented for the purpose of educating consumers on wellness and disease management topics. Nothing is intended to be instructional for medical diagnosis or treatment. FHW does not recommend or endorse any specific tests, products, procedures, opinions, or other information that may be mentioned on the Site. The information should not be considered complete, nor should it be relied on to suggest a course of treatment for a particular individual. Always seek the advice of your physician, nurse or other qualified healthcare provider before you undergo any treatment, diet or fitness program or for answers to any questions you may have regarding a medical or health related condition.

Nothing contained on or provided through this Site is intended to be or is intended to be used for medical diagnosis or treatment. It should not be used in place of a visit, call, consultation or the advice of your physician or other qualified healthcare provider. Information obtained in this Site is not exhaustive and does not cover all diseases, ailments, physical conditions or their treatment. You should never disregard medical advice or delay in seeking it because of something you have read this Site.

The information contained in this Site is compiled from a variety of sources. Neither FHW nor its information providers directly or indirectly practice medicine or dispense medical services as part of this information service.

Advertising and Editorial Policy

FHW and Affiliates will strive to ensure that information on this Site is clinically correct.

FHW and Affiliates will not allow any advertising for other than FHW-sponsored programs/services or events on any area of the FHW and Affiliate websites. Joint ventures can be indicated with a Web link to the joint venture or partner’s site.

Third-Party Sites

This Site may produce automated search results or otherwise link you to other sites on the Internet. These sites may contain information or material that some people may find inappropriate or offensive. These other sites are not under the control of FHW, and you acknowledge that FHW is not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites. The inclusion of such a link does not imply endorsement of the site by FHW or any association with its operators.

Except for information, products, services or merchandise clearly identified as being supplied by FHW, we do not operate, control, supply, endorse, warrant or guarantee any information, products, services or merchandise available on this Site or through the Internet generally in any way.

Proprietary Rights

You acknowledge and agree that all content and materials available on this Site are protected by copyrights, trademarks, service marks, patents, trade secrets, or other proprietary rights and laws. Except as expressly authorized by FHW, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from such materials or content. Notwithstanding the above, you may print or download one copy of the materials or content on this Site on any single computer for your personal, non-commercial use, provided you keep intact all copyright and other proprietary notices. Systematic retrieval of data or other content from this Site to create or compile, directly or indirectly, a collection, compilation, database or directory without written permission from FHW is prohibited. In addition, use of the content or materials for any purpose not expressly permitted in these Terms of Use is prohibited.

As noted above, reproduction, copying, or redistribution for commercial purposes of any materials or design elements on this Site is strictly prohibited without the express written permission of FHW. Permission is granted only when certain limited criteria are met. For information on requesting such permission, please contact: marketing@fhw.org.

Disclaimer of Warranties

All materials, information, software, products, and services included FHW or available through this site (the “content”) are provided “as is” and “as available” for your use. The content is provided without warranties of any kind, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, or noninfringement. FHW, its subsidiaries, and its licensors do not warrant that the content is accurate, reliable or correct; that this site will be available at any particular time or location; that any defects or errors will be corrected; or that the content is free of viruses, worms, trojan horses or other harmful components. FHW does not assume any responsibility for the loss of any information, data or other materials resulting from your use of the site. In no event will we be liable to you or anyone else for any decision made or action taken by you or anyone else in reliance upon the information contained on or provided through the use of this site.

Your use of this site is solely at your risk. Because some jurisdictions do not permit the exclusion of certain warranties, these exclusions may not apply to you.

Limitation of Liability

Under no circumstances shall FHW, its subsidiaries, or its licensors be liable for any direct, indirect, punitive, exemplary, incidental, special, or consequential damages, fees, fines, penalties, loss of revenue or business or liabilities that result from the use of, or inability to use, this site, or which arise from sites accessed through this site, and/or content or information provided on or through this site. You acknowledge and agree that your sole and exclusive remedy for dissatisfaction with the site is to stop using the site. This limitation applies whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if FHW has been advised of the possibility of such damage. Because some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, FHW’s liability in such jurisdictions shall be limited to the extent permitted by law.

Indemnification

You agree to defend, indemnify, and hold harmless FHW and its subsidiary and other affiliated companies, and any of our successors, assigns or licensees, together with any of their respective associates, contractors, officers, and directors from all liabilities, claims, damages, losses, judgments, cost and expenses, including attorney’s fees, that arise from your use or misuse of this Site, or any breach or violation of these Terms of Use or any other term or condition contained on the Site. FHW reserves the right, at it own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with FHW in asserting any available defenses.

Content

Statements made in Sites, newsgroups, message boards, email, forums, conferences and chats reflect only the views of their authors. Forum managers, forum hosts, or Merchants appearing on this Site are not authorized FHW spokespersons, and their views do not necessarily reflect those of FHW.

Licenses and Idea Submissions

You agree to grant to FHW a non-exclusive, worldwide, royalty-free, perpetual license, with the right to sublicense, to reproduce, distribute, transmit, create derivative works of, publicly display and publicly perform any materials and other information (including, without limitation, ideas contained therein for new or improved products or services) you submit to public areas of FHW (such as BBSs, forums and chat rooms) by all means and in any media now known or hereafter developed. You hereby waive your moral rights in any such materials and information, and you hereby warrant that any such materials and information are original with you, or that you have the right to submit such materials and information. You agree that you shall have no recourse against FHW for any alleged or actual infringement or misappropriation of any proprietary right in your communication to us.

Third-Party Rights

The provisions of the Sections entitled Medical Information Disclaimer, Disclaimer of Warranties, Limitation of Liability and Indemnification are for the benefit FHW and its officers, directors, associates, agents, licensors, suppliers, and information providers. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.

International Use

FHW makes no representation that materials on this Site are appropriate or available for use in locations outside the United States, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this Site from other locations do so on their own initiative and are responsible for compliance with local laws.

Limited License

By this Agreement, FHW grants, subject to the terms of this Agreement, only a limited, non-transferable and non-exclusive license to use the software and documentation necessary to access, explore and otherwise use this Site in real time and to use the materials this Site in a manner consistent with this Agreement.

Choice of Law and Forum

These Terms of Use shall be governed by and construed in accordance with the laws of the state of Colorado excluding its conflicts of law rules. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to these Terms of Use or your use of this Site shall be filed only in the state or federal courts located in the state of Colorado, and you further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action.

Severability and Integration

Unless otherwise specified herein, this Agreement constitutes the entire agreement between you and FHW with respect to this Site and supersedes all prior or contemporaneous communications and proposals (whether oral, written, or electronic) between you and FHW with respect to this Site. The Terms of Use may not be modified, in whole or in part, except as described elsewhere in the Terms of Use. Anything contained on the Site inconsistent with or conflicting with the terms of this Agreement is superseded by the terms of this Agreement. If any part of these Terms of Use is held invalid or unenforceable by a court or other tribunal of competent jurisdiction, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.

Notice Specific to Software Available on this Website

Any software that is made available to download from this server (“Software”) is the copyrighted work of FHW and/or its suppliers. Use of the Software is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Software (“License Agreement”). An end user will be unable to install any Software that is accompanied by or includes a License Agreement, unless he or she first agrees to the terms of the License Agreement.

The Software is made available for downloading solely for use by end users according to the License Agreement. Any reproduction or redistribution of the Software not in accordance with the License Agreement is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.

Without limiting the foregoing, copying or reproduction of the software to any other server or location for further reproduction or redistribution is expressly prohibited.

The software is warranted, if at all, only according to the terms of the license agreement. Except as warranted in the license agreement, FHW hereby disclaims all warranties and conditions with regard to the software, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement.

Notices Regarding Software, Documents and Services Available on this Website

In no event shall FHW and/or its respective suppliers be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use or performance of software, documents, provision of or failure to provide services, or information available from this server.

Notices and Procedure for Making Claims of Copyright Infringement

Pursuant to Title 17, United States Code, Section 512(C)(2), notifications of claimed copyright infringement should be sent to FHW’s Designated Agent. All inquiries not relevant to the following procedure will not receive a response. For more information contact: Angelina Salazar at asalazar@fhw.org.

Amendments and Updates

Please note that we review our practices from time to time, and that such practices are subject to change. FHW reserves the right to change these Terms of Use at anytime by posting revisions on this Site. We ask that you periodically review this page to insure familiarity with the most current version of our Terms of Use.

Termination

FHW reserves the right, in its sole discretion, to terminate your access to all or part of this Site, with or without notice.

Rules of Use

By posting information in or otherwise using any communications service, chat room, message board, newsgroup, software library, or other interactive service that may be available to you on or through this Site, you agree that you will not upload, post, or otherwise distribute or facilitate distribution of any content – including text, communications, software, images, sounds, data, or other information – that:

is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, contains explicit or graphic descriptions or accounts of sexual acts (including, but not limited to, sexual language of a violent or threatening nature directed at another individual or group of individuals), or otherwise violates FHW’s rules or policies; victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability; infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party; constitutes unauthorized or unsolicited advertising, junk or bulk e-mail (also known as “spamming”), chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling; contains software viruses or any other computer code, files, or programs that are designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any third party; or impersonates any person or entity, including any associate or representative of FHW.

You also agree that you will not harvest or collect information about the users or members of this Site or use such information for the purpose of transmitting or facilitating transmission of unsolicited bulk electronic email or communications.

FHW generally does not pre-screen, monitor, or edit the content posted by users of communications services, chat rooms, message boards, newsgroups, software libraries, or other interactive services that may be available on or through this Site. However, FHW and its agents have the right, at their sole discretion, to remove any content that, in FHW’s judgment, does not comply with the Rules of User Conduct or is otherwise harmful, objectionable, or inaccurate. FHW is not responsible for any failure or delay in removing such content