DISCLAIMER OF WARRANTYTHE CONTENT PROVIDED ON THE SITE IS PROVIDED AS ASERVICE TO MEMBERS OF THE PUBLIC. INFORMATION PRESENTED ON THE SITE IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY. NO INFORMATION PRESENTED ON THE SITE CONSTITUTES MEDICAL ADVICE, NOR DOES IT CREATE ADOCTOR-PATIENTOR COUNSELING RELATIONSHIP BETWEEN HEALTHMPOWERSAND ANY OTHER PARTY. YOU ACKNOWLEDGE AND AGREE THAT THE SITE AND THE CONTENT THEREIN ARE PROVIDED ON AN “AS IS”AND “AS AVAILABLE”BASIS. NONE OF HEALTHMPOWERS, ANY OF ITS RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, INTERNS OR VOLUNTEERS(COLLECTIVELY THE “HEALTHMPOWERSPARTIES”) GUARANTEES THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY OF THE CONTENT.HEALTHMPOWERS DOES NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT THE SITE, ITS SERVER, ORANY FILES AVAILABLE FOR DOWNLOADING THROUGH THE SITE ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL ELEMENTS. YOU EXPRESSLY AGREE THAT THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SITE AND THE ACCURACY OR COMPLETENESS OF THE CONTENT IS ASSUMED SOLELY BY YOU. HEALTHMPOWERS DOES NOT MAKE ANY, AND HEREBY SPECIFICALLY DISCLAIMS ANY, REPRESENTATIONS, ENDORSEMENTS, GUARANTEES, OR WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SITE OR ANY CONTENT, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE,AND NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, ALL OF HEALTHMPOWERSPARTIES DISCLAIM ANY WARRANTIES WITH RESPECT TO ANY RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE.LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES WILL ANY OF THE HEALTHMPOWERSPARTIES BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON INFORMATION OBTAINED THROUGH THE CONTENT ON THE SITE, INCLUDING WITHOUT LIMITATION ANY LOSS OR DAMAGE CAUSED BYYOUR RELIANCE ON INFORMATION OBTAINED FROM THIRD PARTY SITES TO WHICH THIS SITE IS LINKED. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY INFORMATION OR ANY CONTENT AVAILABLE THROUGH THE SITE.IN NO EVENT SHALL ANY OF THE HEALTHMPOWERSPARTIES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO THE CONTENT, SERVICE, OR THE AGREEMENT, WHETHER BASED ON WARRANTY, CONTRACT,TORT, OR ANY OTHER LEGAL THEORY.BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR NEGLIGENCE, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, IN SUCH JURISDICTIONS HEALTHMPOWERSPARTIES’LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THESITE IS TO STOP USING THE SITE.
No Framing Allowed
Elements of the Site are protected by trade dress, trademark, unfair competition, and other state and federal laws and may not be copied or imitated in whole or inpart by any means, including but not limited to, the use of framing or mirrors. None of the Content for our Site may be retransmitted without the express writtenconsent of HealthMPowers.User SubmissionsYou agree toand do hereby grant HealthMPowers and our affiliates and partners a nonexclusive, perpetual, irrevocable, worldwide, sublicensable, transferrable, royalty-free right and license to use, store, display, publish, transmit, transfer, distribute, reproduce, rearrange, edit, modify, aggregate, create derivative works of and publicly perform the Content that you submit to the Site for any purpose, in any form, medium, or technology now known or later developed.You also grant us a permissionto use your user name in connection with our use of any content you provide to us, including in connection with off-Site uses of such submitted content. Any comments or materials sent to us, including feedback data, such as questions, comments, suggestions and any other response shall be deemed to be nonconfidential.Copyright ComplaintsHealthMPowers respects the rights of intellectual property holders. If you believe that any content on the Site violates these Terms or your intellectual property rights, you can report such
violation to us in accordance with the Digital Millennium Copyright Act (17 U.S.C. §512). In the case of an alleged infringement, please provide the following information:•A description of the copyrighted work or other intellectual property that you claim has been infringed;•A description of where the material that you claim is infringing is located on the Site (including the exact URL);•An address, a telephone number, and an e-mail address where we can contact you;•A statement that you have a good faith belief that the use is not authorized by the copyright or other intellectual property rights owner, by its agent, or by law;•A statement by you under penalty of perjury that the information in your notice is accurate and that you are the copyright or intellectual property owner or are authorized to act on the owner’s behalf; and•Your electronic or physical signature, or that of the person authorized to act on behalf of the owner of the copyright or other right being infringed.We may request additional information before we remove allegedly infringing material. You may report a copyright violation by providing the above information to the following HealthMPowers designated agent: Christi Kay, Executive Director, HealthMPowers, Inc., 250 Scientific Drive, Suite500, Norcross, GA 30092or firstname.lastname@example.org.We will terminate the user account of any user who repeatedly submits content that violates our intellectual property policies. A repeat infringer is a user who has been notified of infringing activitymore than twice and/or has had Content removed from the Site more than twice.Intellectual PropertyAll Site Content isprotected by copyright and isowned by HealthMPowers or used with permission. HealthMPowers and the M logo are trademarks or registeredtrademarks of HealthMPowers, Inc.TerminationHealthMPowersreserves the right, in its sole discretion, to restrict, suspend, or terminate the Agreement and your access to all or any part of the Site or the Content, at any time and for any reason without prior notice or liability. HealthMPowersreserves the right to change, suspend, or discontinue all or any part of the Site or the content at any time without prior notice or liability.User Must Comply with Applicable LawsThe Site is based in the State ofGeorgia. HealthMPowersmakes no claims concerning whether the Content may be downloaded or are appropriate for use outside of the UnitedStates. If you access the Site from outside of the United States, you are solely responsible for ensuring compliance with the laws of your specific jurisdiction.
In the event of any dispute, claim, question or disagreement arising from or relating to this Agreement, the parties hereto shall use their best efforts to settle the dispute, claim, question, or disagreement. To this effect, the parties shall consult and negotiate with each other in good faith and, recognizing their mutual interests, attempt to reach a just and equitable solution satisfactory to both parties. If the parties do not reach such solution within a period of thirty (30) days, thenall disputes shall be resolved by binding arbitration in Atlanta, Georgia, in accordance with the Commercial Arbitration Rules of the American Arbitration Association (the “AAA”), subject to the limitations of this section. This agreement to arbitrate will be specifically enforceable under the prevailing law of any court having jurisdiction. Notice of a demand for arbitration shall be filed in writing with the other party hereto and with the AAA. The demand for arbitration shall be made within a reasonable time after the dispute has arisen, and in no event shall any such demand be made after the date when institution of legal or equitable proceedings based on such dispute would be barred by the applicable statute of limitations. The parties agree that one (1) arbitrator shall arbitrate the dispute. The arbitrator shall be selected by the joint agreement of the parties, butif they do not so agree within twenty (20) days after the date of the notice of a demand for arbitration referred to above, the selection shall be made pursuant to the Commercial Arbitration Rules of the AAA from the panels of business arbitrators maintained by the AAA. The decision of the arbitrator shall be made in writing, shall be final, judgment may be entered upon it in any court having jurisdiction thereof, and the decision shall not be subject to vacation, modification or appeal, except to the extent permitted by sections 10 and 11 of the Federal Arbitration Act, the terms of which sections the parties agree shall apply. The expenses of arbitration, including reasonable attorneys’ fees and the fees and expenses of the arbitrator, shall be shared equally by the parties.The Agreement shall be governed by and construed in accordance with the laws of the State of Georgia, except with regard to its conflicts of law rules. Any action relating to the Content, Site or the Agreement must be brought in the federal or state courts located in the metropolitan Atlanta, Georgia area, and you hereby irrevocably consent to the jurisdiction of such courts. Any cause of action you may have with respect to the Content, Site or the Agreement must be commenced within one(1)year after the claim or cause of action arose, or is barred.MiscellaneousIn the event that any portion of the Agreement is held to be invalid or unenforceable, the invalid or unenforceable portion shall be construed in accordance with the applicablelaw as nearly as possible to reflect the original intentions of the parties, and the remainder of the Agreement shall remain in full force and effect. The paragraph headings herein are provided only for reference and shall have no effect on the construction or interpretation of the Agreement. HealthMPowers’failure to enforce your strict performance of any provision of the Agreement will not constitute a waiver of its right to subsequently enforce such provision or any other provision of the Agreement. Neither the course of conduct between parties nor trade practice shall act to modify any provision of the Agreement. The Agreement contains the entire agreement of the parties for the Site and supersedes all existing agreements and all other oral, written, orother communication between the parties concerning its subject matter. You agree to use the Content and the Site only for lawful purposes. You are prohibited from any use of the Content or the Site that would constitute an illegal offense, give rise to liability, or otherwise violate any applicable local, state, national, or international law or regulation