|
|
| Terms Of Use | |
Site Terms and Conditions of Use 1. User's Acknowledgment and Acceptance of Terms UHN provides an affiliate marketing network and technology that permits independent Web site operators to form cooperative marketing relationships using the Internet. The network is available for use only by persons or entities that join the network as either a “Merchant” or an “Affiliate.” Only persons or entities that operate Web sites selling health related products are eligible to become a Merchant. Only persons or entities that operate Web sites used to conduct a business or generate revenues are eligible to become an Affiliate. To become a Merchant or Affiliate, a person or entity must: apply for membership; be approved for membership by UHN, and enter into an agreement with UHN. While certain areas of this Site may be accessed and viewed by members of the public, access to many areas of the Site are limited to Merchants and Affiliates (collectively “Subscribers”). Use of the Site by Subscribers is governed by the terms and conditions of their merchant or affiliate agreement with UHN (collectively “Subscriber Agreements”), which Subscriber Agreements supersede these Terms of Use. UHN is the neutral host of this affiliate marketing network it administers, and members of the network are independent persons or entities that are not controlled by UHN. Neither the admission nor the continued membership of any person or entity as a Merchant or Affiliate constitutes endorsement by UHN. UHN does not police Merchant’s or Affiliate’s actions, nor does UHN take any responsibility for their acts or omissions. UHN reserves the sole right to either modify or discontinue this Site, including any features therein, at any time with or without notice to you. UHN shall not be liable to you or any third party should UHN exercise such right. Modifications may include, but are not limited to, changes in service offerings and fees. Any new features that augment or enhance the then-current services on this Site shall also be subject to these Terms of Use. You understand and agree that temporary interruptions of the services available through this Site may occur as normal events. You further understand and agree that UHN has no control over third party networks you may access in the course of the use of this Site, and therefore, delays and disruption of other network transmissions are completely beyond UHN’s control. In order to access some of the services on this Site, you will require a separate account and password that can be obtained by completing UHN’s online registration form, which requests certain information and data (“Registration Data”) and maintaining and updating your Registration Data as required. By registering, you agree that all information provided in the Registration Data is true and accurate and that you will maintain and update this information as required in order to keep it current, complete and accurate. Registration Data and certain other information about you are subject to UHN’s Privacy Policy, which is specifically incorporated by reference into these Terms of Use. By using this Site you consent to the collection and use of this information (as set forth in the Privacy Policy), including the transfer of this information to or from the United States and/or other countries for storage, processing and use by Company and its affiliates. Your use of this Site is subject to all applicable laws and regulations, and you are solely responsible for the contents of your communications through this Site. 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, share, post, or otherwise distribute or facilitate distribution of any content -- including text, communications, software, images, sounds, data, or other information -- that: (a) 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 UHN’s rules or policies; (b) Victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability; (c) Infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party; (d) Constitutes unauthorized or unsolicited advertising, junk or bulk email (also known as “spamming”), chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling; (e) 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 (f) Impersonates any person or entity, including any of UHN’s employees or representatives. UHN neither endorses nor assumes any liability for the contents of any material uploaded or submitted by third party users of this Site. UHN is under no obligation to 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, UHN and its agents have the right at their sole discretion to remove any content that, in UHN’s judgment, does not comply with these Terms of Use and any other rules of user conduct for this Site, or is otherwise harmful, objectionable, or inaccurate. UHN is not responsible for any failure or delay in removing such content. You hereby consent to such removal and waive any claim against UHN arising out of such removal of content. See “Use of Your Materials” below for a description of the procedures to be followed in the event that any party believes that content posted on this Site infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party. In addition, you may not use your account to breach security of another account or attempt to gain unauthorized access to another network or server. Not all areas of this Site may be available to you or other authorized users of this Site. You shall not interfere with anyone else's use and enjoyment of this Site or other similar services. Users who violate systems or network security may incur criminal or civil liability. You agree that UHN may at any time, and at UHN’s sole discretion, terminate your membership without prior notice to you for violating any of the above provisions. In addition, you acknowledge that UHN will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in investigating suspected criminal violations. This Site may link you to other sites on the Internet or otherwise include references to information, documents, software, materials and/or services provided by other parties. These sites may contain information or material that some people may find inappropriate or offensive. These other sites and parties are not under UHN’s control, and you acknowledge that UHN is not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites, nor is UHN responsible for errors or omissions in any references to other parties or their products and services. The inclusion of such a link or reference is provided merely as a convenience and does not imply endorsement of, or association with, this Site or party by UHN, or any warranty of any kind, either express or implied. All contents of this Site are copyright 2008 Ultra Health Network LLC and/or its Related Parties. All Rights Reserved. For purposes of these Terms of Use, “content” is defined as any information, communications, software, photos, video, graphics, music, sounds, and other material and services that can be viewed by users on Site. This includes, but is in no way limited to, message boards, chat, and other original content. By accepting these Terms of Use, you acknowledge and agree that all content presented to you on this Site is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws, and is the sole property of Ultra Health Network LLC and/or its Related Parties. You are only permitted to use the content as expressly authorized by UHN or the specific content provider. Except for a single copy made for personal use only, you may not copy, reproduce, modify, republish, upload, post, transmit, or distribute any documents or information from this Site in any form or by any means without prior written permission from UHN or the specific content provider, and you are solely responsible for obtaining permission before reusing any copyrighted material that is available on this Site. Any unauthorized use of the materials appearing on this Site may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties. Neither UHN or its Related Parties warrant or represent that your use of materials displayed on, or obtained through, this Site will not infringe the rights of third parties. See “Use of Your Materials” below for a description of the procedures to be followed in the event that any party believes that content posted on this Site infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party. The following are registered trademarks, trademarks or service marks of Ultra Health Network LLC or its Related Parties: Ultra Health Network, and the Ultra Health Network logo. All other trademarks or service marks are property of their respective owners. Nothing in these Terms of Use grants you any right to use any trademark, service mark, logo, and/or the name of Ultra Health Network LLC or its Related Parties. You may be able to submit materials for use in connection with this Site. The service includes publicly accessible areas (“public areas of this Site”) and areas to which access by others is limited (“private areas of this Site”). You understand that UHN does not control or endorse the content that you and others post or provide on this Site. Except for material that UHN licenses to you, UHN does not claim ownership of the materials you post or provide on the service. However, with respect to content you post or provide, you grant to those members of the public to whom you have granted access (for content posted on private areas of this Site) or to the public (for content posted on public areas of this Site) free, unlimited, worldwide, nonexclusive and perpetual permission to: (a) use, modify, copy, distribute and display the content in connection with this Site and other of UHN’s services; (b) publish your name in connection with the content; and (c) grant these rights to others. You understand that UHN may need to make copies, change the format, or otherwise process content posted on this Site, including on private areas of this Site, in order to: (a) store and retrieve the content; (b) make the content available to you and those members of the public to whom you have granted access; (c) conform to connecting networks' technical requirements; or (d) conform to these Terms of Use. You may be able to place advertisements in or through this Site. UHN has no obligation to display any part of the advertising content. With respect to any advertising content you provide, you represent and warrant that that: (a) All advertising content is accurate, complete and current; (b) You have all necessary rights, power and authority to publish the advertising content; (c) You possess documents substantiating all claims, express and implied, contained within the advertising content; and (d) The advertising content, and any web site listed or linked to from the advertising content: (i) complies with all applicable laws and regulations; (ii) does not infringe, misappropriate or otherwise violate any copyright, patent, trademark, service mark, trade secret or other intellectual property right of any third party; (iii) does not breach the rights of any person or entity, including rights of publicity or privacy, and is not defamatory; and (iv) does not result in consumer fraud (including being false or misleading), product liability, tort, breach of contract, injury, damage or harm of any kind to any person or entity. UHN respects the intellectual property of others, and UHN asks you to do the same. If you or any user of this Site believes its copyright, trademark or other property rights have been infringed by a posting on this Site, you or the user should send notification to UHN’s Designated Agent (as identified below) immediately. To be effective, the notification must include: (a) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) Identification of the copyrighted work claimed to have been infringed; (c) Information reasonably sufficient to permit UHN to contact the complaining party, such as address, telephone number and, if available, an electronic mail address at which the complaining party may be contacted; (d) Identification of the material that is claimed to be infringing or to be subject to infringing activity and that is to be removed and information reasonably sufficient to permit UHN to locate the materials; (e) 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, agent, or the law; and (f) A statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringing. Pursuant to the Digital Millennium Copyright Act, 17 U.S.C. Sec. 512(c), UHN’s Designated Agent for Notice of claims of copyright infringement can be reached as indicated below. Designated Agent for Claimed Infringement: You acknowledge and agree that upon receipt of a notice of a claim of copyright infringement, UHN may immediately remove the identified materials from this Site without liability to you or any other party. ALL MATERIALS AND SERVICES ON THIS SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, UHN AND ITS RELATED PARTIES MAKE NO WARRANTY THAT (A) THE SERVICES AND MATERIALS WILL MEET YOUR REQUIREMENTS, (B) THE SERVICES AND MATERIALS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR MATERIALS WILL BE EFFECTIVE, ACCURATE OR RELIABLE, OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES, OR INFORMATION PURCHASED OR OBTAINED BY YOU FROM THIS SITE FROM UHN OR ITS RELATED PARTIES WILL MEET YOUR EXPECTATIONS OR BE FREE FROM MISTAKES, ERRORS OR DEFECTS. THIS SITE COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES OR TYPOGRAPHICAL ERRORS. UHN MAY MAKE CHANGES TO THE MATERIALS AND SERVICES AT THIS SITE, INCLUDING THE PRICES AND DESCRIPTIONS OF ANY SERVICES LISTED HEREIN, AT ANY TIME WITHOUT NOTICE. THE MATERIALS OR SERVICES AT THIS SITE MAY BE OUT OF DATE, AND UHN MAKES NO COMMITMENT TO UPDATE SUCH MATERIALS OR SERVICES. THE USE OF THE SERVICES OR THE DOWNLOADING OR OTHER ACQUISITION OF ANY MATERIALS THROUGH THIS SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH ACTIVITIES. Through your use of this Site, you may have the opportunities to engage in commercial transactions with other users and vendors. You acknowledge that all transactions relating to any merchandise or services offered by any party, including, but not limited to the purchase terms, payment terms, warranties, guarantees, maintenance and delivery terms relating to such transactions, are agreed to solely between the seller or purchaser of such merchandize and services and you. UHN AND ITS RELATED PARTIES MAKE NO WARRANTY REGARDING ANY TRANSACTIONS EXECUTED THROUGH, OR IN CONNECTION WITH THIS SITE, AND YOU UNDERSTAND AND AGREE THAT SUCH TRANSACTIONS ARE CONDUCTED ENTIRELY AT YOUR OWN RISK. ANY WARRANTY THAT IS PROVIDED IN CONNECTION WITH ANY PRODUCTS, SERVICES, MATERIALS, OR INFORMATION AVAILABLE ON OR THROUGH THIS SITE FROM A THIRD PARTY IS PROVIDED SOLELY BY SUCH THIRD PARTY, AND NOT BY UHN OR ITS RELATED PARTIES. SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. Your exclusive remedy and UHN’s entire liability, if any, for any claims arising out of these Terms of Use and your use of this Site shall be limited to the amount you paid UHN for the services on this Site during the one month period before the act giving rise to the liability. IN NO EVENT SHALL UHN OR ITS RELATED PARTIES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF GOODWILL, USE, DATA, PROFITS, OR OTHER INTANGIBLE LOSSES, WHETHER OR NOT UHN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS SITE OR OF ANY WEB SITE REFERENCED OR LINKED TO FROM THIS SITE. FURTHER, UHN SHALL NOT BE LIABLE IN ANY WAY FOR THIRD PARTY GOODS AND SERVICES OFFERED THROUGH THIS SITE OR FOR ASSISTANCE IN CONDUCTING COMMERCIAL TRANSACTIONS THROUGH THIS SITE, INCLUDING WITHOUT LIMITATION THE PROCESSING OF ORDERS. YOU SHALL NOT BE ENTITLED UNDER LOCAL LAW OR OTHERWISE TO RECEIVE ANY PAYMENT FROM UHN, WHETHER FOR ACTUAL, DIRECT, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES, COSTS OR EXPENSES AS A RESULT OF EXPIRATION OR TERMINATION OF THESE TERMS OF USE OR TERMINATION OF YOUR ACCESS TO THIS SITE, ALL OF WHICH YOU EXPRESSLY WAIVE. YOU ACKNOWLEDGE THAT YOUR ACCEPTANCE OF THIS SECTION 9 HAS MATERIALLY INDUCED UHN TO ENTER INTO THESE TERMS OF USE. THE FOREGOING LIMITATIONS OF LIABILITY DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. Upon a request by UHN, you agree to defend, indemnify, and hold UHN and its Related Parties harmless from all liabilities, claims, and expenses, including attorney's fees, that arise from your use or misuse of this Site. UHN reserves the right, at its 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 UHN in asserting any available defenses. From time to time, this Site may include advertisements offered by third parties. You may enter into correspondence with or participate in promotions of the advertisers showing their products or services on this Site. Any such correspondence or promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such correspondence or promotions, are solely between you and the advertiser. UHN assumes no liability, obligation or responsibility for any part of any such correspondence or promotion. You acknowledge that UHN may establish general practices and limits concerning use of the services available on this Site, including without limitation the maximum number of days that uploaded content will be retained on this Site, the maximum disk space that will be allotted on UHN’s servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the services in a given period of time. You agree that UHN has no responsibility or liability for the deletion or failure to store any content maintained or transmitted on or through this Site. You acknowledge that UHN reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice. UHN provides storage space and access for material through this Site. For purposes of these Terms of Use, “material” refers to all forms of communication that UHN may allow, including narrative descriptions, graphics (including photographs, illustrations, images, drawings, logos), executable programs, video recordings, and audio recordings. You may not use this Site to publish material that UHN determines, in its sole discretion, to be unlawful, indecent, or objectionable, or which violates the restrictions described in “Your Conduct on this Site” above. UHN will not routinely monitor the contents of materials you post online. You are solely responsible for any information contained in your materials posted online. However, if complaints are received regarding language, content, or graphics contained in your materials posted online, UHN may, in its sole discretion, remove the materials hosted on its servers and terminate your access to this Site. UHN may also suspend the account, restrict access to it, or remove content from it if necessary or appropriate. The accounts of UHN’s users operate on shared resources. Excessive use or abuse of these shared network resources by one user may have a negative impact on all other users. Misuse of network resources in a manner that impairs network performance, including excessive consumption of CPU time, memory, disk space, and session time, is prohibited and may result in termination of your account or limitation of your activities. This Site is not designed or intended to be used as a disaster recovery facility or as an emergency data storage facility. Although UHN take reasonable precautions to preserve and protect the material you upload to this Site, you should not rely on this Site as your only storage facility. You should preserve backup copies of any digital data, information or other materials that you have uploaded. You agree not to hold UHN for any damage to, any deletion of or any failure to store your files, data or Registration Data. You are solely responsible for maintaining the confidentiality of your password and account and for any and all statements made and acts or omissions that occur through the use of your password and account, including any mail sent and any charges incurred. Therefore, you must take steps to ensure that others do not gain access to your password and account. UHN personnel will never ask you for your password. You may not transfer or share your account with anyone, and UHN reserves the right to immediately terminate your account in the event of any unauthorized transfer or sharing thereof. Software available on or through this Site is subject to United States Export Controls. No software from this Site may be downloaded or exported (a) into (or to a resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other country which the United States has embargoed goods; or (b) anyone on the United States Treasury Department's list of Specially Designated Nationals or the United States Commerce Department's Table of Deny Orders. By downloading or using the software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list. Although this Site may be accessible worldwide, UHN 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. Any offer for any product, service, and/or information made in connection with this Site is void where prohibited. You agree that UHN may, in its sole discretion, terminate or suspend your access to all or part of this Site with or without notice and for any reason, including, without limitation, breach of these Terms of Use. Any suspected fraudulent, abusive or illegal activity may be grounds for terminating your relationship and may be referred to appropriate law enforcement authorities. Upon termination or suspension, regardless of the reasons therefore, your right to use the services available on this Site immediately ceases, and you acknowledge and agree that UHN may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or this Site. UHN shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by UHN in connection therewith. Sections 1, 3, 5 through 14, and 16 through 22 of these Terms of Use, as well as your liability for any unpaid fees, shall survive any termination. This Site (excluding any linked sites) is controlled by UHN from its offices within the State of California, United States of America. By accessing this Site you agree that the statutes and laws of the State of California, without regard to the conflicts of laws principles thereof and the United Nations Convention on the International Sales of Goods, will exclusively apply to all matters relating to the use of this Site and the purchase of products and services available through this Site. You agree and hereby submit to the exclusive personal jurisdiction and venue of the Superior Court of Orange County and the United States Central District Court for the Central District of California with respect to such matters. You consent to receive communications from UHN electronically and agree that UHN may communicate with you by email or by posting notices on this Site. You agree that all agreements, notices, disclosures and other communications that UHN provides to you electronically satisfy any legal requirement that such communications be in writing. These Terms of Use, and any other agreement contained on this Site between you (or your company) and UHN, constitute the entire agreement and understanding between us concerning the subject matter hereof and supersedes all prior agreements and understandings of the parties with respect thereto. These Terms of Use may NOT be altered, supplemented, or amended by the use of any other document(s). Any attempt to alter, supplement or amend this document or to enter an order for products or services which are subject to additional or altered terms and conditions shall be null and void, unless otherwise agreed to in a written agreement signed by you and UHN. To the extent that anything in or associated with this Site is in conflict or inconsistent with these Terms of Use, any affiliate agreement shall take precedence, and these Terms of Use shall take precedence over all other agreements. In any action to enforce these Terms of Use, the prevailing party will be entitled to costs and attorneys' fees. Any cause of action brought by you against UHN or its Related Parties must be instituted with one year after the cause of action arises or be deemed forever waived and barred. You may not assign your rights and obligations under these Terms of Use to any third party, and any purported attempt to do so shall be null and void. UHN may freely assign its rights and obligations under these Terms of Use. You agree not to sell, resell, duplicate, copy or use for any commercial purposes any portion of this Site, or use of or access to this Site. In addition to any excuse provided by applicable law, UHN shall be excused from liability for non-delivery or delay in delivery of products and services available through this Site arising from any event beyond UHN’s reasonable control, whether or not foreseeable by either party, including but not limited to, labor disturbance, war, fire, accident, adverse weather, inability to secure transportation, governmental act or regulation, and other causes or events beyond UHN’s reasonable control, whether or not similar to those which are enumerated above. If any part of these Terms of Use is held invalid or unenforceable, 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. Any failure by UHN to enforce or exercise any provision of these Terms of Use or related rights shall not constitute a waiver of that right or provision. Ultra Health Network LLC |
| Home | Advertisers | Affiliate Sign Up | Contact Us | Privacy policy | Terms of use | © 2008 Ultra Health Network. All rights reserved |