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The information provided herein should not be used for diagnosis or
treatment of any medical condition. A licensed physician should be
consulted for diagnosis and treatment of any and all medical conditi-
ons.
Copyright 2000 PanHealth.com, Inc. Any duplication or distribution
of the information contained herein is strictly prohibited.
Important! these terms and conditions (these "terms and conditions")
govern your ( the "user" or "you") use of the PanHealth.com website
(the "website") provided by PanHealth.com the "company"). These
terms and conditions are subject to change by PanHealth.com at any
time in its discretion. Your use of the website after such changes
are implemented will be deemed your acceptance of the changes.
Please consult these terms and conditions regularly. These terms and
conditions were last updated: march 2000.
Permitted Use:
User has nonexclusive, nontransferable,limited,revocable right to use
the Website solely for User's personal educational,informational, and
entertainment use. User will not use the Website for any other purpo-
se,including any commercial purpose, without PanHealth.com's expr-
ess prior written consent. For example, User will not and will not
authorize any other party to
(i) Co-brand the Website or portion thereof,or
(ii) frame the Website or portion thereof ( whereby the Website or
portion thereof will appear on the same screen with a portion of anoth-
er website). "Co-branding" means to display a name, logo, trademark,
or other means of attribution or identification of any party in such
a manner reasonably likely to give a User the impression that such other
party has the right to display, publish, or distribute the Website or
content accessible within the Website (the "Content").User agrees to
cooperate with PanHealth.com in causing any unauthorized Co-branding
, framing or linking to immediately cease.
Proprietary Information.
User acknowledges and agrees that the content accessible within the
Website( the "Content")is the proprietary information of PanHealth.com
and its content providers, and PanHealth.com and its content providers
retain all right, title, and interest in the Content. Accordingly,
User will not reproduce,transmit, publish or distribute such content
to any third party without the express written consent of PanHealth.
com or the applicable content provider except that User may print out a
copy of Content solely for User's personal use. In doing so, User will
not remove or alter, or cause to be removed or altered, any copyright,
trademark, trade name, service mark, or any other proprietary notice
or legend appearing on any of the Content.
Disclaimer.
The Content is presented in summary form only and intended to provide
broad consumer understanding and knowledge of health care topics.The
information should not be considered complete and should not be used
in place of a visit, call, consultation or advice of your physician
or other health care provider. Information obtained by using the
Website is not exhaustive and does not cover all diseases, ailments,
physical conditions or their treatment. Should you have any
health care- related questions, please call or see your physician or
other health care provider promptly. User should never disregard
medical advice or delay in seeking it because of something you have
read here.User is encouraged to consult other sources and confirm
the information contained within the Website. Further, User will have
access to a variety of sources of content through the Internet.
PanHealth.com has made no effort to verify the accuracy or suitability
of any information contained in any such sources. Accordingly,
PanHealth.com will have no liability or responsibility whatsoever for
any content contained within any such sources. User acknowledges and
agrees that User accesses, uses and relies upon such content at User's
own risk.
You understand further that the internet contains unedited materials
some of which are sexually explicit or may be offensive to you.You
access such materials at your own risk. PanHealth.com has no control
over and accepts no responsibility whatsoever for such materials.
User understands that, except for information, products or services
clearly identified as being supplied by PanHealth.com, PanHealth.
com does not operate, control or endorse any information, products
or services on the Internet in any way. User also understands that
PanHealth.com cannot and does not guarantee or warrant that files
available for downloading from the Internet will be free of
infection or viruses, worms, Trojan horses or other code that manifest
contaminating or destructive properties. Each User is responsible for
implementing sufficient procedures and checkpoints to satisfy User's
particular requirements for accuracy of data input and output, and
for maintaining a means external to the Website for the reconstru-
ction of any lost data.PanHealth.com does not assume any responsibili-
ty or risk for your use of the Internet.
PanHealth.com expressly disclaims any and all warranties with respect
to any content accessible within or through the website, express or
implied,including any implied warranty of merchantability,fitness for a
particular purpose, title, or non - infringement. User acknowledges and
agrees that PanHealth.com is not in the business of providing any type
of professional medical advice whatsoever.
Limitation on liability: PanHealth.com, its licensors service providers,
content providers, employees, gents,officers and directors, will not be
liable for any incidental, indirect,consequential, or special damages,
including loss of revenue or income, pain and suffering, emotional
distress or similar damages, even if PanHealth.com has been advised
of the possibility of such damages.In no event will the collective
liability of PanHealth.com and its licensors, service providers, content
providers, employees, agents, officers and directors to any party (
regardless of the form of action, whether in contract, tort or
otherwise) exceed the amount user has paid to PanHealth.com for the
applicable content or service out of which liability arose.
Indemnity:
User will indemnify and hold PanHealth.com, its licensors, content
providers,service providers and contractors ( the "Indemnified Parties" )
harmless from any breach of this Agreement by User,including any use of
Content other than as expressly authorized in these Terms And
Conditions. User agrees that the Indemnified Parties will have no
liability in connection with any such breach or unauthorized use, and
agrees to indemnify any and all resulting loss, damages,judgments,
awards, costs, expenses, and attorneys'fees of the Indemnified Parties
in connection therewith. User will also indemnify and hold the Indemnified
Parties harmless from and against any claims brought by third parties
arising out of User's use of the information accessed from the Website.
Posting Users:
Information posted on forums, bulletin boards, Web sites or similar
portions of the Website ("Forums") is supplied by third parties and
other users unless PanHealth.com or its authorized representative
identifies itself as the content poster. Any opinions, advice,
statements, services, offers, or other information or content
expressed or made available by third parties or any other User
are those of the respective author(s) and not of PanHealth.com
User will not post any material in any Chat/Forum or Websites which
threatens or abuses others, or which is defamatory or libelous, or
which is invasive of another's privacy; material for which User does
not have the right to post,including the proprietary material of any
third party; material which advocates illegal activity or discusses
an intent to commit an illegal act; material for advertising or
commercial solicitation; material which is vulgar, obscene,
pornographic,or indecent or material which does not pertain directly
to the subject matter of the particular forum.
PanHealth.com reserves the right to monitor Forums or Websites
to determine compliance with these Terms and Conditions, as well the
right to remove or refuse to post any posting, including any of the
above postings upon discovery thereof. Notwithstanding these rights,
Users remain solely responsible for the content of their postings.
User acknowledges and agrees that neither PanHealth.com nor any
third party content provider will assume or have any liability for
any action or inaction by PanHealth.com or any third party content
provider with respect to any posting on the Forums.
You will not
(i) select or use a member name or e-mail address of another person
with the intent to impersonate that person;
(ii) use a user name or e-mail address subject to the rights of any
person without authorization;
iii) use a member name in violation of the intellectual property
rights of any person; or
iv) use a member name that PanHealth.com, in it's sole discretion,
deems offensive.
Further, you hereby grant to Company the royalty-free, perpetual,
irrevocable, non exclusive right and license to use, reproduce,
modify, adapt, publish, translate, create derivative works from,
distribute, perform and display any message posted in Forums
(in whole or in part) worldwide and/or to incorporate it in other
works in any form, media or technology now known or later developed.
Other:
(a)Governing Law. These Terms and Conditions will be governed by the
law of the State of New Jersey, without regard to its choice of laws
provisions.
(b)Venue and Jurisdiction. User submits to the jurisdiction of the
state and federal courts in Newyork, New Jersey for the purpose of
resolving any dispute arising out of the subject matter of these
Terms and Conditions.
c)Severability. If any provision of these Terms And Conditions is
deemed to be unenforceable as written under applicable law, the
parties intend that such provisionbe modified to the extent, and
only to the extent, necessary to make such provision enforceable.
In the event any unenforceable provision cannot be modified to
make it enforceable, the parties intend that such provision be
stricken from these Terms and Conditions with all other provisions
remaining in full force and effect.
(d)Force Majeure. PanHealth.com will not be liable or responsible
for any failure or delay in performance if such failure or delay
is caused in whole or in part by causes beyond its complete
control, including fire, flood, explosion, war, strike, embargo,
government regulation, civil or military authority, act of God,
acts or omissions of carriers, transmitters, telephone companies,
Internet service providers, Internet backbone providers, vandals,
or hackers.
(e)Third Party Sales or Websites. Via access provided by the
Website, User may order products and service from third
parties who are not affiliated with the Company. PanHealth.com
is not a party to any transactions with third parties and makes
no representations or warranties whatsoever with respect either
to such third parties or to the subject matter of such transactions.
PanHealth.com will have no responsibility or liability with respect
to any such transactions.
(f)Third Party Beneficiaries. Sections 2 through 6 are also for
the benefit of PanHealth.com's licensors, content providers, and
service providers, and each shall have the right to assert and
enforce such provisions directly on its own behalf.
(g)No Waiver. The failure on the part of PanHealth.com to exercise
any right or remedy hereunder will not operate as further
waiver of such right or remedy in the future or any other right
or remedy. For example, failure of PanHealth.com to enforce the
prohibition against unauthorized Co-branding and framing defined
above will not operate as a waiver of PanHealth.com's right
to enforce that prohibition at any time against any party.
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