Terms and Conditions
Last Updated on March 16, 2011
PLEASE READ THESE WEB SITE TERMS AND CONDITIONS OF USE (“Terms and Conditions”) CAREFULLY BEFORE USING THIS WEBSITE (THE “HealthOMG! SITE”) WHICH IS OWNED AND OPERATED BY HealthOMG INC. (“HealthOMG!”), AS THEY MAY HAVE CHANGED SINCE YOUR LAST VISIT.
BY USING THE HealthOMG SITE, YOU INDICATE YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS AND CONDITIONS, YOU ARE NOT PERMITTED TO, AND YOU MUST NOT USE, THE HealthOMG! SITE. YOU ARE SOLELY RESPONSIBLE FOR ALL ACTS AND OMISSIONS RELATING TO YOUR USE OF THE HealthOMG! SITE AND CONTENT DISPLAYED ON, OR ACCESSED THROUGH, THE HealthOMG! SITE. You represent and warrant that you are aged 18 or older; the HealthOMG! Site and Content are not intended for persons under 18.
HealthOMG! and this HealthOMG! Site do not provide medical advice.
The contents of the HealthOMG! Site, including, without limitation, the text, graphics, images, information, user and visual interfaces, applications, software, documents, and other materials obtained from HealthOMG!’s medical partners, sponsors, advertisers, licensors, and other third parties (collectively, the “Content”) are for informational purposes only. The Content is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition.
If you think you may have a medical emergency, call your doctor or 911 immediately.
HealthOMG! does not recommend or endorse any specific tests, products, procedures, opinions, or other information that may be contained in the Content on the HealthOMG! Site. Reliance on any information provided by HealthOMG!, its representatives, or otherwise appearing on the HealthOMG! Site, including Content provided by third parties, is solely at your own risk.
Changes to Terms
HealthOMG! may add to, change or remove any part, term or condition of these Terms and Conditions, and any Content, at any time without prior notice to you. It is your responsibility to check these Terms and Conditions periodically for changes. By continuing to access and use the HealthOMG! Site, you are indicating your acceptance of such changes. We will notify you of changes to these Terms and Conditions by changing the “Last Updated” date above.
Use of HealthOMG! Site and Content
Subject to your compliance with these Terms and Conditions, HealthOMG! hereby grants you a limited, personal, revocable, non-transferable, non-sublicensable and non-exclusive license to access the HealthOMG! Site and use the Content displayed on the Site, solely for your own personal use, on condition that such use is solely in accordance with the purposes for which HealthOMG! makes the HealthOMG! Site and Content available. You may download a single copy of the Content for your own personal use solely in accordance with the previous sentence. You must not remove the copyright and other proprietary rights notices which are contained in the Content. You may not copy, modify, reproduce, publicly display or perform, distribute, or otherwise use the Content except as expressly set forth above.
The HealthOMG! Site, and the Content and other information which it contains (except for Content that you provide through the Public Areas (defined below)), is the property of HealthOMG!, its licensors and other third party content providers, and is protected from unauthorized copying and dissemination by United States copyright law, trademark law, international conventions and other intellectual property laws. Title to the Content remains with HealthOMG!, its licensors or other third party content providers (except for Content that you provide through the Public Areas). Any use of the Content not expressly permitted by these Terms and Conditions is a breach of these Terms and Conditions and may violate copyright, trademark, and other laws. Content and features are subject to change or termination without notice in the editorial discretion of HealthOMG! All rights not expressly granted herein are reserved to HealthOMG!, its licensors and other third party content providers. There are no implied rights.
Except as expressly set forth in these Term and Conditions, nothing contained on the HealthOMG! Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the HealthOMG! Site or any Content displayed on the HealthOMG! Site, through the use of framing or otherwise, except: (a) with the prior written permission of HealthOMG!; or (b) in the case of Content owned by third parties, with the prior permission of such third party Content owner.
If you violate any of these Terms and Conditions, your permission to use the HealthOMG! Site and Content automatically terminates without any notice to you, and you must immediately destroy any copies you have made of any portion of the Content.
Any additional rules or other terms and conditions for the use of certain Content, software, features, or other products and services that may be made available to you on the HealthOMG! Site may be included elsewhere within the HealthOMG! Site and are incorporated into these Terms and Conditions by reference, except that in the event of any conflict, those additional rules or other terms and conditions will prevail.
You hereby represent and warrant that you will not, and will not induce any third party to: (a) attempt to disable or circumvent any security mechanisms used by the HealthOMG! Site or otherwise attempt to gain unauthorized access to any portion or feature of the HealthOMG! Site or Content, or any other systems or networks connected to the HealthOMG! Site, or to any server of HealthOMG! or its thirty party service providers, by hacking, password “mining”, or any other illegal means; (b) use any “deep-link”, “page-scrape”, “robot”, “spider”, or other automatic device, program, algorithm or methodology, or any comparable manual process, to access, acquire, copy, or monitor any portion of the HealthOMG! Site or Content; (c) use any device, software or routine to interrupt or interfere, or attempt to interrupt or interfere with, the proper operation and working of the HealthOMG! Site, or with any other person’s use of the HealthOMG! Site; (d) breach any security measures implemented on the HealthOMG! Site; (e) track or seek to trace any information on any other person who visits the HealthOMG! Site; (f) use the HealthOMG! Site or Content for, or in connection with, any illegal purpose, to solicit, facilitate, encourage, condone, or induce any illegal activity, or as otherwise prohibited by these Terms and Conditions or applicable laws, rules or regulations, including, without limitation, laws applicable to the export of software and data; or (g) copy, modify, create a derivative work of, reverse engineer, decompile, or otherwise attempt to extract the source code of any proprietary software used to provide, maintain, or otherwise applicable to, the HealthOMG! Site or Content, or otherwise made available to you in connection with the HealthOMG! Site or Content.
Disclaimer of Warranties
THE HealthOMG! SITE AND THE CONTENT ARE PROVIDED ON AN “AS IS” BASIS. THE USE OF THE HealthOMG! SITE AND THE CONTENT IS AT YOUR OWN DISCRETION AND RISK AND YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE HealthOMG! SITE AND CONTENT. HealthOMG!, ITS ADVERTISERS, SPONSORS, LICENSORS, SUPPLIERS, AND THIRD PARTY SERVICE PROVIDERS, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS (COLLECTIVELY, THE “HealthOMG! Parties”) TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, DISCLAIM ALL REPRESENTATIONS, WARRANTIES, AND CONDITIONS, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, TITLE, AND FITNESS FOR A PARTICULAR PURPOSE.
WITHOUT LIMITING THE FOREGOING, THE HealthOMG! PARTIES MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE FOLLOWING:
- THE ACCURACY, RELIABILITY, COMPLETENESS, CORRECTNESS, OR TIMELINESS OF THE CONTENT, SOFTWARE, TEXT, GRAPHICS, LINKS, FEATURES, OR COMMUNICATIONS PROVIDED ON OR ACCESSED THROUGH THE HealthOMG! SITE OR YOUR RELIANCE ON, OR THE RESULTS OF YOUR USE OF, THE HealthOMG! SITE OR CONTENT.
- THE SATISFACTION OF GOVERNMENT REGULATIONS REQUIRING DISCLOSURE OF INFORMATION ON PRESCRIPTION DRUG PRODUCTS WITH REGARD TO THE CONTENT CONTAINED ON THE SITE.
- THE ACCURACY, COMPLETENESS OR CORRECTNESS, TIMELINESS, OR USEFULNESS OF ANY OPINIONS, ADVICE, SERVICES, OR OTHER INFORMATION PROVIDED THROUGH CONTENT CONTAINED ON, OR ACCESSED THROUGH, THE HealthOMG! SITE OR YOUR RELIANCE ON, OR THE RESULTS OF YOUR USE OF, SUCH OPINIONS, ADVICE, SERVICES, OR OTHER INFORMATION.
- THAT THE HealthOMG! SITE AND CONTENT WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE HealthOMG! SITE AND CONTENT WILL BE TIMELY, UNINTERRUPTED, STABLE, ERROR-FREE, OR SECURE, OR THAT ANY DEFECTS WILL BE CORRECTED.
THIS LIMITATION OF REMEDIES IS A PART OF THE BARGAIN BETWEEN YOU AND HealthOMG! NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY HealthOMG! OR ANY PERSON ON BEHALF OF HealthOMG! SHALL CREATE A WARRANTY OR CONDITION, OR IN ANY WAY CHANGE THIS DISCLAIMER OF WARRANTIES. NOTHING IN THIS DISCLAIMER OF WARRANTIES SECTION OF THE TERMS AND CONDITIONS SHALL EXCLUDE OR LIMIT HealthOMG!’s WARRANTIES, REPRESENTATIONS OR CONDITIONS TO THE EXTENT THEY MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW, IN WHICH CASE, SUCH WARRANTIES, REPRESENTATIONS OR CONDITIONS WILL BE EXCLUDED AND LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.
When using the HealthOMG! Site, information will be transmitted over a medium which is beyond the control and jurisdiction of HealthOMG!, its advertisers, sponsors, suppliers, and third party service providers. Accordingly, HealthOMG!, its advertisers, sponsors, suppliers, and third party service providers assume no liability for or relating to the delay, failure, interruption, or corruption of any data or other information transmitted in connection with your use of the HealthOMG! Site.
Limitation of Liability
IN NO EVENT SHALL THE HealthOMG! PARTIES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, RELIANCE, PUNITIVE, EXEMPLARY, OR OTHER DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION, COMPENSATION, REIMBURSEMENT OR DAMAGES IN CONNECTION WITH, ARISING OUT OF, OR RELATING TO, THE USE, OR LOSS OF USE OF, THE HealthOMG! SITE AND CONTENT, PERSONAL INJURY/WRONGFUL DEATH, LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA OR CONTENT, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, BUSINESS INTERRUPTION, OR ANY OTHER LOSS OF ANY KIND, AND FOR ANY REASON, WHETHER BASED ON BREACH OF ANY EXPRESS OR IMPLIED REPRESENTATION, WARRANTY OR CONDITION, BREACH OF CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE OR STRICT LIABILITY), OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT A HealthOMG! PARTY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE HealthOMG! PARTIES ARE NOT LIABLE FOR ANY PERSONAL INJURY, INCLUDING, WITHOUT LIMITATION, DEATH, CAUSED BY YOUR USE OR MISUSE OF THE HealthOMG! SITE OR CONTENT.
IF, NOTWITHSTANDING THE FOREGOING, A HealthOMG! PARTY IS FOUND TO BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGE OR LOSS WHICH ARISES UNDER, OR IN CONNECTION WITH, YOUR USE OF THE HealthOMG! SITE OR CONTENT, THE RELEVANT HealthOMG! PARTY’S TOTAL CUMULATIVE LIABILITY SHALL IN NO EVENT EXCEED THE SUM OF ONE HUNDRED (100) US DOLLARS.
NOTHING IN THIS LIMITATION OF LIABILITY SECTION OF THESE TERMS AND CONDITIONS SHALL EXCLUDE OR LIMIT ANY HealthOMG! PARTY’S LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW, IN WHICH CASE, THE HealthOMG! PARTIES’ LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.
By using the HealthOMG! Site you hereby agree to defend, indemnify, and hold each of the HealthOMG! Parties harmless from and against any and all losses, damages, liabilities, claims, demands, suits, or causes of action (including, without limitation, attorneys’ fees and costs) arising from: (a) your breach of these Terms and Conditions; (b) your use of, or reliance on, any Content made available to you through the HealthOMG! Site; or (c) any Content that you provide; or (d) otherwise arising from your use or misuse of the HealthOMG! Site or Content.
User Submissions and Public Areas
HealthOMG! may make [message boards, chat rooms, discussion boards, or other forums] (collectively, “Public Areas”) available to users on the HealthOMG! Site to promote and encourage open, honest and respectful communication between HealthOMG! Site users. The Public Areas, which include all areas of the HealthOMG! Site where users may post Content, are for the exchange of information and support ONLY. All communications, messages, information or other content that you provide to HealthOMG! through the Public Areas will constitute “Content” and will be governed by the terms applicable to Content in these Terms and Conditions. All Content, whether publicly posted or privately transmitted through the Public Areas, will be the sole responsibility and liability of the posting user. You acknowledge and agree that HealthOMG! does not control the Content posted or transmitted through any Public Areas, and does not guarantee the accuracy, integrity, quality, or suitability of such posted or transmitted Content. HealthOMG! does not pre-screen Content posted or transmitted through any Public Areas. HealthOMG! may, but is not obligated to, monitor the posting activities of users and may in its sole discretion, edit or remove any Content and/or restrict a user’s ability to post Content through the Public Areas. By using any Public Areas, you understand that you may be exposed to Content that is offensive, indecent or objectionable, and you use such Public Areas solely at your own risk and HealthOMG! has no responsibility or liability to you in connection therewith. You should exercise common sense and appropriate caution before posting any of your own personally identifiable information or other confidential information on any Public Areas, as such information will be viewable by any user accessing such Public Areas, and HealthOMG! has no responsibility or liability to you in respect of your decision to make your personally identifiable information or other confidential information publicly available through the Public Areas.
By submitting communications or other Content to any part the HealthOMG! Site, you agree that such submission is non-confidential for all purposes. If you make any such submission, you automatically grant, or warrant that the owner of such Content has expressly granted, HealthOMG! a royalty-free, fully-paid, perpetual, irrevocable, worldwide, non-exclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, and display the communication or other Content in any media or medium, or any form, format, or forum now known or hereafter developed. Without limiting the foregoing, you hereby grant HealthOMG! and all other persons or organizations involved in the operation of the HealthOMG! Site a royalty-free, fully-paid, perpetual, irrevocable, worldwide, non-exclusive license to transmit, monitor, retrieve, store, and use your Content in connection with the operation of the HealthOMG! Site. HealthOMG! may sublicense the rights granted by you as specified in this paragraph through multiple tiers of sublicenses. You are solely and exclusively responsible and liable for all Content that you provide. In consideration of being allowed to use the HealthOMG! Site and Public Areas, you agree that you will not do any of the following, or induce any third party to do any of the following, each of which shall constitute a material breach of these Terms and Conditions:
1. You will not upload or transmit any communications or other Content of any type that infringes upon or violates any rights of any party, including, without limitation, the patent, trademark, copyright, trade secret, privacy, or publicity rights of any third party;
2. You will not post any other person or entity’s names, e-mail addresses, telephone numbers or any other confidential or personally identifiable information.
3. You will not use a Public Area for any purpose in violation of local, state, federal, or international laws;
4. You will not post any Content that is unlawful, malicious, reckless, obscene, inflammatory, derogatory, defamatory, threatening, harassing, abusive, slanderous, hateful, or embarrassing to any other person or entity as determined by HealthOMG! in its sole discretion.
5. You will not post advertisements or solicitations of business.
6. You will not post links to other web sites without prior written permission from HealthOMG!
7. You will not advertise or promote chain letters or pyramid schemes.
8. You will not impersonate another person or entity.
9. You will not register under more than one name and/or e-mail address.
10. You will not distribute viruses or other harmful computer code.
11. You will not harvest or otherwise collect information about others, including email addresses, without their express consent.
12. You will not allow any other person or entity to use your identification for posting or viewing Content.
13. You will not post the same Content more than once or engage in any spamming.
14. You will not disrupt the normal flow of dialogue in any Public Area or post any comments that are not related to the topic being discussed in any Public Area, unless it is clear the discussion is free-form.
15. You will not engage in any other conduct that restricts or inhibits any other person from using or enjoying the Public Areas or the HealthOMG! Site, or which, in the sole judgment of HealthOMG!, exposes HealthOMG!, or any of the other HealthOMG! Parties, or any HealthOMG! Site user to any harm, liability or detriment of any type.
You will not engage in any other conduct that restricts or inhibits any other person from using or enjoying the Public Areas or the HealthOMG! Site, or which, in the sole judgment of HealthOMG!, exposes HealthOMG!, or any of the other HealthOMG! Parties, or any HealthOMG! Site user to any harm, liability or detriment of any type.
By using the HealthOMG! Site, you acknowledge and agree that the information contained therein, including without limitation, any medical information included in the Content, is intended solely for general educational purposes. The Content contained on the HealthOMG! Site is not intended nor implied to be a substitute for professional medical advice relative to your health or specific medical condition. HealthOMG! does not guarantee monitoring or authentication of the Content contained in Public Areas, or elsewhere on the HealthOMG! Site, for accuracy, safety, or reliability. Always seek the advice of your physician or other qualified health provider for any questions you may have regarding your health, medical condition, or prior to starting any new treatment.
MEDICAL EMERGENCY: If you think you may have a medical emergency, call 911 or your healthcare provider immediately!
IF YOU FEEL THREATENED: If you feel threatened or believe someone else is in danger, you should contact your local law enforcement agency immediately.
ABUSE: In cases where you believe a person has breached these Terms and Conditions, including use of the Public Areas in an impermissible or illegal manner, please contact HealthOMG! IMMEDIATELY. Do not attempt to contact the person yourself and do not post derogatory comments in any Public Areas.
The HealthOMG! Parties make no endorsements of any particular product or treatment, make no representations and assume no liability relative to any Content which may be made available in any Public Area.
IF YOU USE A PUBLIC AREA ON THE HealthOMG! SITE, YOU ARE SOLELY RESPONSIBLE FOR YOUR OWN CONTENT, THE CONSEQUENCES OF POSTING YOUR CONTENT, AND YOUR RELIANCE ON ANY CONTENT FOUND IN THE PUBLIC AREAS. IN NO EVENT WILL THE HealthOMG! PARTIES BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DECISION MADE OR ACTION TAKEN BY YOU OR ANYONE ELSE IN RELIANCE UPON THE CONTENT PROVIDED THROUGH THE HealthOMG! SITE.
Enforcement of Rules in Public Areas
HealthOMG! reserves the right (but is not obligated) to do any or all of the following:
1. Record the dialogue in any Public Areas.
2. Investigate an allegation that Content you provide does not conform to these Terms and Conditions and determine in its sole discretion to remove or request the removal of your Content.
3. Remove Content which HealthOMG! determines, in its sole discretion, to be abusive, illegal, or disruptive, or that otherwise fails to conform to these Terms and Conditions.
4. Terminate a user’s access to any or all Public Areas and/or the HealthOMG! Site upon any breach of any of these Terms and Conditions.
5. Terminate a user’s access to any or all Public Areas and/or the HealthOMG! Site if the user’s registration information and/or e-mail address is no longer valid.
6. Monitor, edit, or disclose any Content that a user provides in the Public Areas.
7. Edit or delete any Content posted on the HealthOMG! Site, regardless of whether such communication violates these Terms and
HealthOMG! reserves the right to take any other action it deems necessary to protect the personal safety of our users or the public.
Copyright Infringement Policy
HealthOMG! respects the intellectual property and other proprietary rights of others and has a policy of removing Content (or references or links to Content or other content) from the HealthOMG! Site that infringes third party copyrights and blocking the access of any user who uses the HealthOMG! Site in violation of copyright law.
If you are a copyright owner, or an agent thereof, and believe that your work is the subject of copyright infringement and appears on the HealthOMG! Site (or is referenced or linked to on the HealthOMG! Site), you may submit a notification to us pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our copyright agent (designated below) with the following information in writing: (a) your physical or electronic signature; (b) identification of the copyrighted work claimed to have been infringed; (c) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed, or access to which is to be disabled, and information reasonably sufficient to permit HealthOMG! to locate such material (or identification of the reference or link, to material or activity claimed to be infringing, that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the HealthOMG! to locate that reference or link); (d) information reasonably sufficient to permit HealthOMG! to contact you, such as an address, telephone number, and, if available, an e-mail address; (e) a statement that you have 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; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that you are, or that you are authorized to act on behalf of, the owner of an exclusive right that is allegedly infringed. HealthOMG!’s designated copyright agent to receive notifications of claimed infringement under the DMCA is:
Attn: DMCA Agent
1 St Francis Place, San Francisco, CA 94017
Fax: (888) OMG-4884
E-mail: [dmca at healthomg.com]
Only DMCA or other copyright-related notices should be sent to the copyright agent; any other communications sent to the copyright agent will be destroyed.
If you send or transmit any communications, comments, questions, suggestions, or related materials to HealthOMG!, whether by letter, e-mail, telephone, or otherwise (“Feedback”), suggesting or recommending changes to the HealthOMG! Site or Content, including, without limitation, new features or functionality relating thereto, all such Feedback is, and will be treated as, non-confidential and non-proprietary. You hereby assign all right, title, and interest in, and HealthOMG! is free to use, without any attribution or compensation to you, any ideas, know-how, concepts, techniques, or other intellectual property and proprietary rights contained in the Feedback, whether or not patentable, for any purpose whatsoever, including but not limited to, developing, manufacturing, having manufactured, licensing, marketing, and selling, directly or indirectly, software or other products and services using such Feedback. You understand and agree that HealthOMG! is not obligated to use, display, reproduce, or distribute any such ideas, know-how, concepts, or techniques contained in the Feedback, and you have no right to compel such use, display, reproduction, or distribution.
HealthOMG! does not currently charge a fee to access the HealthOMG! Site and use the Content. However we reserve the right to introduce a fee for use of the HealthOMG! Site and Content at any time in the future in our sole discretion. We will notify you of the introduction of any fees by posting a notice on the HealthOMG! Site.
Third Party Web Sites.
HealthOMG! is based in California, in the United States of America. HealthOMG! makes no representations, warranties, or claims that the HealthOMG! Site or Content is appropriate or may be accessed or used outside of the United States of America, and such access and use is void where prohibited. Access to and use of the HealthOMG! Site and Content may not be legal by certain persons or in certain countries. If you access the HealthOMG! Site and Content from outside the United States of America, you do so at your own risk and are responsible for compliance with the laws, rules and regulations of your jurisdiction. You may not use, export or re-export the Content in violation of any applicable laws, rules or regulations including, without limitation, U.S. export laws and regulations. Not all products and services displayed on the HealthOMG! Site may be available in your jurisdiction.
Whenever you visit the HealthOMG! Site or send e-mails to us, you are communicating with us electronically. For that reason, you also consent to receive communications from us electronically. We will communicate with you by e-mail, by posting notices on the HealthOMG! Site or by such other means as we may determine from time-to-time. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing, to the extent permitted by applicable law.
These Terms and Conditions will be construed and enforced in all respects in accordance with the laws of the State of California, without reference to its choice of law rules. Except as set forth below, the federal and state courts seated in San Francisco and Santa Clara Counties, California, shall have sole and exclusive jurisdiction for all purposes in connection with any action or proceeding that arises from, or relates to, these Terms and Conditions, and you hereby irrevocably waive any objection to such exclusive jurisdiction; provided however, that HealthOMG! may seek to enforce any judgment in its favor in any court of competent jurisdiction. Notwithstanding the foregoing, HealthOMG! may seek injunctive or other equitable relief in any court of competent jurisdiction to protect its proprietary and other rights. You agree that your breach or threatened breach of these Terms and Conditions may result in immediate and irreparable damage to HealthOMG! for which there is no adequate remedy at law. The failure of HealthOMG! to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision. If any part of these Terms and Conditions is held invalid, illegal or unenforceable, that provision shall be enforced to the maximum extent permissible so as to maintain the intent of these Terms and Conditions, and the other parts will remain in full force and effect. These Terms and Conditions are only valid in the English language.
The United Nations Convention on Contracts for the International Sale of Goods in its entirety is expressly excluded from these Terms and Conditions, including, without limitation, application to the HealthOMG! Site or Content. Furthermore, these Terms and Conditions (including without limitation, the HealthOMG! Site or Content) will not be governed or interpreted in any way by referring to any law based on the Uniform Computer Information Transactions Act (UCITA) or any other act derived from or related to UCITA. Any cause of action arising under these Terms and Conditions must be commenced by you within one (1) year after the claim or cause of action arises.
The parties shall at all times and for all purposes be deemed to be independent contractors and neither party, nor either party’s employees, representatives, subcontractors or agents, shall have the right or power to bind the other party. These Terms and Conditions shall not create or be deemed to create a joint venture, partnership or similar association between the parties or either party’s employees, subcontractors or agents.
All terms and conditions of these Terms and Conditions which by their nature are intended to survive, will survive the termination of your use of the HealthOMG! Site or Content, including, without limitation, all terms which address the protection of HealthOMG!’s or its licensors’ intellectual property rights, disclaimer of warranties, limitation of liability, and your indemnification obligations.
The failure of either party to exercise or enforce any right or provision set forth in these Terms and Conditions shall not constitute a waiver of such right or provision.
If any part of these Terms and Conditions is held invalid, illegal or unenforceable, that provision shall be enforced to the maximum extent permissible so as to maintain the intent of these Terms and Conditions, and the other parts will remain in full force and effect.
These Terms and Conditions shall not be interpreted or construed to confer any rights or remedies on any third parties, except that each HealthOMG! Party shall be a third party beneficiary hereunder and accordingly, shall be entitled to directly enforce and rely upon any provision of these Terms and Conditions that confers a right or remedy in favor of it.
HealthOMG! may assign or transfer its rights, or delegate any performance, under these Terms and Conditions to a third party in its sole discretion. You may not assign or otherwise transfer your rights, or delegate your performance, under these Terms and Conditions to any third party without in each and every case, HealthOMG!’s express prior written consent. Any purported assignment in violation of this paragraph will be null and void.