Updated: April 5, 2010
QualityHealth (a doing-business-as designation of Marketing Technology Solutions, Inc., a Delaware corporation), along with its other affiliate and subsidiary companies (collectively "QualityHealth") welcomes you to its Web site located at www.qualityhealth.com (the "Site"), whether as a casual visitor, a member or a purchaser of products or services. By accessing, viewing, or using the content, material, or services available on or through this Site, you, for yourself and on behalf of any person, organization, entity, or employer for which you are acting ("you"), acknowledge that you have read and understand the following terms and conditions ("Terms and Conditions") and that you, for yourself and on behalf of any person, organization, entity, or employer for which you are acting, agree to them and intend to be legally bound by them. These Terms and Conditions may be changed at any time. Any change to these Terms and Conditions shall be effective when notice of such change is posted. Your continued use of the Site after any changes to these Terms and Conditions are posted will be considered acceptance of such changes. Notice of any new or revised Terms and Conditions will be posted on the Site for at least 60 days after the change. It is the obligation of users visiting the Site before the change to learn of changes to the Terms and Conditions since their last visit. Any change to the Terms and Conditions shall be effective as to any visitor who has visited the Site before the change was made.
1. Informational Purposes Only
The information on this Site is for informational purposes only. No information, services, or materials offered by or through this Site shall be construed as or understood to be medical advice or care. None of the information on this Site shall be used to diagnose or treat any health problem or disease. You must consult with a physician, doctor, or health care provider before taking any product or using any information on this Site. In connection with this statement, please take particular care to reach Paragraph 8: Disclaimer of Warranty and Liability.
2. Proprietary Rights
All works of authorship, information, content, functional components, and material appearing on or contained in this Site ("Site Materials") are protected by law, including but not limited to, United States copyright law. Except as explicitly stated on the Site, the entirety of the Site Materials (including, but not limited to, data, illustrations, graphics, audio, video, photographs, pictures, illustrations, recordings, drawings, sketches, artwork, images, text, forms, and look and feel attributes) are QualityHealth's copyrighted works, all rights reserved, or the copyrighted works of QualityHealth's affiliates, licensors, or suppliers. Removing or altering any copyright notice or any other proprietary notice on any Site Materials is strictly prohibited. Any commercial use of any Site Materials, in whole or in part, without the prior written consent of QualityHealth, is prohibited. Any reproduction, distribution, performance, display, preparation of derivative works based upon, framing, capturing, harvesting, or collection of, or creating of hypertext or other links or connections to, any Site Materials or any other proprietary information of QualityHealth, without QualityHealth's advance written consent, is prohibited. The sole exception to this prohibitions in this paragraph shall be a limited consent for search engines (such as, for example, www.google.com) to index the Site for the sole purpose of making the Site Materials searchable through their services. All names, trademarks, service marks, symbols, slogans, and logos appearing on the Site are proprietary to QualityHealth or its affiliates, licensors, or suppliers. Use or misuse of these trademarks is expressly prohibited and may violate federal and state trademark law.
3. Third Party Materials, Products and Services
Parties other than QualityHealth may provide products or services on the Site. Use of this Site and the Site Materials and any other material or content on and made available through this Site is entirely at your own risk. QualityHealth expressly disclaims any and all responsibility for or related to the products or services provided by or advertised by these third parties or the transactions you conduct or enter into with these third parties. Additionally, this Site may, from time to time, contain links to other Internet Web sites for the convenience of users in locating information, products, or services that may be of interest. QualityHealth expressly disclaims any and all responsibility for the content, the accuracy of the information, or quality of products or services provided by or advertised on these third-party sites.
4. Materials Submitted to the Site
This Site is for personal use only. You may not permit anyone other than you to use your user name or password. By submitting information, and content to or using the Site ("User Materials"), you represent that you have the full legal right to provide the User Materials and that use of the User Materials by the Site and all other persons and entities will not (a) infringe any intellectual property rights of any person or entity or any rights of publicity, personality, or privacy of any person or entity, including, but not limited to, as a result of your failure to obtain consent to post personally identifying or otherwise private information about a person; (b) violate any law, statute, ordinance, or regulation (collectively, "Law"); (c) be defamatory, libelous or trade libelous, unlawfully threatening, or unlawfully harassing; (d) be obscene, child pornographic, harms minors in any way, indecent, or embarrassing, or which discloses to any third person any private or personal matters concerning any person, all of which shall be determined by QualityHealth in its sole discretion.; (e) violate any community or Internet standard; (f) contain any viruses, Trojan horses, worms, time bombs, cancelbots, or other computer programming routines that damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data or personal information, or that facilitate or enable such of that are intended to do any of the foregoing; (g) result in product liability, tort, breach of contract, personal injury, death, or property damage; (h) constitute misappropriation of any trade secret or know-how; (i) post, transmit, or distribute advertisements, promotions, or solicitations without the prior written approval of QualityHealth; or (j) constitute disclosure of any confidential information owned by any third party. Upon submission of User Materials, or other material or information to QualityHealth, you grant QualityHealth a worldwide, perpetual, non-terminable, irrevocable, transferable, license to access, use, distribute, perform, reproduce, display, modify, create derivative works based upon, and sublicense the User Materials for the purpose of providing the Site and Site products and services and for all other business purposes of QualityHealth, provided that, with respect to multimedia materials, which are User Materials that are not text, such as audio or video files, such license may be terminated by you upon written notice to QualityHealth when you delete such multimedia materials from the Site. The scope of the license that you grant to QualityHealth in this paragraph is limited by applicable law. QualityHealth may remove User Materials from the Site that are libelous, incorrect, spiteful, or otherwise inappropriate, in QualityHealth's sole discretion. QualityHealth shall not be responsible for changes, modifications, or removal any User Materials that you submit to the Site. If you believe that any content or postings on this Site violate your intellectual property or other rights, please follow our Complaint Procedure in Section 11 of these Terms and Conditions.
5. Communications With The Site
QualityHealth welcomes your feedback and suggestions about how to improve our products, information, and services and this Site, including, without limitation, the feedback and suggestions and all other information, data, material, or other content (collectively, "Submissions") to QualityHealth. Such Submissions shall be deemed User Materials in accordance with Section 4 of these Terms and Conditions and treated in the same manner as textual materials, even if they include multimedia files. Further, QualityHealth is free to use any ideas, concepts, methods, know-how, techniques, and processes contained in any Submission for any purpose whatsoever, including, but not limited to, creating and marketing products, information, or services using such information.
6. Computer Security
You will receive a password and account designation upon completing the Site's registration process. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify QualityHealth of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session.
We take the security of your information very seriously, and work hard to maintain the security of communications between us and you. Given the nature of the Internet, however, the transmission of any communication or material to QualityHealth via the Site or Internet electronic mail, whether encrypted or otherwise, cannot be guaranteed, and is not represented to be secure. Alternative to communicating via the Internet or e-mail, QualityHealth can be contacted by regular mail at 10 Exchange Place, 24th Floor, Jersey City, NJ 07302.
Without limiting anything else in these Terms and Conditions, QualityHealth cannot and will not be liable for any loss or damage arising from your failure to comply with the rules and principles set forth in this Security section.
8. Disclaimer of Warranty and Liability
THIS SITE, THE SITE MATERIALS AND USER MATERIALS ON, IN, AND MADE AVAILABLE THROUGH THIS SITE, AND THE SERVICES, INFORMATION, INCLUDING BUT NOT LIMITED TO RATING INFORMATION, AND PRODUCTS OFFERED IN CONNECTION THE SITE ARE MADE AVAILABLE "AS IS" AND "WITH ALL FAULTS." USE OF THIS SITE IS ENTIRELY AT YOUR OWN RISK.
QUALITYHEALTH MAKES NO REPRESENTATIONS OR WARRANTIES, AND DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, WITH RESPECT TO THIS SITE, THE USER MATERIALS, THE SITE MATERIALS ON AND IN AND MADE AVAILABLE THROUGH THIS SITE, AND THE SERVICES, INFORMATION, INCLUDING BUT NOT LIMITED TO RATING INFORMATION, AND PRODUCTS OFFERED IN CONNECTION THE SITE, EXPRESS OR IMPLIED, WRITTEN OR ORAL, ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, SYSTEMS INTEGRATION, NON-INTERFERENCE, QUALITY, TITLE, AND NON-INFRINGEMENT. THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, COMPLETENESS AND EFFORT WITH REGARD TO ANY AND ALL SITE MATERIALS ON AND IN AND MADE AVAILABLE THROUGH THIS SITE IS WITH YOU.
QUALITYHEALTH SHALL NOT BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, EXTRA-CONTRACTUAL, OR PUNITIVE DAMAGES OF ANY KIND WHATSOEVER, INCLUDING, WITH BUT NOT LIMITED TO, LOST REVENUES OR LOST PROFITS, WHICH MAY OR DOES RESULT FROM THE USE OF, ACCESS TO, OR INABILITY TO USE THIS SITE, THE SITE MATERIALS, THE USER MATERIALS ON AND IN AND MADE AVAILABLE THROUGH THIS SITE, OR THE SERVICES, INFORMATION, AND PRODUCTS OFFERED IN CONNECTION THEREWITH, REGARDLESS OF LEGAL THEORY, WHETHER OR NOT ANY PARTY HAD BEEN ADVISED OF THE POSSIBILITY OR PROBABILITY OF SUCH DAMAGES, AND EVEN IF THE REMEDIES OTHERWISE AVAILABLE FAIL OF THEIR ESSENTIAL PURPOSE. UNDER NO CIRCUMSTANCES WILL THE TOTAL LIABILITY OF QUALITYHEALTH TO YOU OR ANY OTHER PERSON OR ENTITY IN CONNECTION WITH, BASED UPON, OR ARISING FROM THIS SITE, THE SITE MATERIALS ON, IN, AND MADE AVAILABLE THROUGH THIS SITE, OR THE SERVICES, INFORMATION, OR PRODUCTS OFFERED IN CONNECTION THEREWITH EXCEED THE PRICE PAID BY YOU DURING THE PRECEDING SIX MONTHS FOR USE OF THIS SITE.
TO THE EXTENT THAT MATERIALS ON THIS SITE PERTAIN TO MEDICINE, LAW, OR ANY OTHER REGULATED PROFESSION, THEY ARE ON THE SITE FOR INFORMATIONAL PURPOSES ONLY, STRICTLY AS A CONVENIENCE TO THE USER, AND AS A STARTING POINT FOR RESEARCH. NOTHING ON THIS SITE SHALL CONSTITUTE THE PRACTICE OF MEDICINE, LAW OR ANY OTHER REGULATED PROFESSION. USERS ARE DIRECTED TO SEEK COMPETENT ADVICE CONCERNING THESE MATTERS FROM A LICENSED PROFESSIONAL.
9. Corrections and Changes
QualityHealth endeavors to keep the Site and Site Materials on, in, and through this Site up-to-date. Without limiting anything else in these Terms and Conditions or otherwise, QualityHealth is not responsible for any errors or omissions in the Site or Site Materials. QualityHealth may make changes to the Site or Site Materials, or to the products, information, or services made available in connection with this Site, at any time, and QualityHealth makes no commitment to update the information contained on or in this Site.
You agree to defend QualityHealth and its directors, officers, employees, agents, and contractors ("QualityHealth Indemnitees") against all claims, actions, suits, and other proceedings of third parties ("Claims") arising out of or incurred in connection with this Site and your use of this Site, your fraud, violation of law, or willful misconduct, or any breach by you of these Terms and Conditions and shall indemnify and hold QualityHealth Indemnitees harmless from and against all judgments, losses, liabilities, damages, costs, and expenses (including, but not limited to, reasonable attorneys' fees and attorneys' disbursements) arising out of or incurred in connection with such Claims. You may not settle any Claim without the prior written consent of QualityHealth.
11. Complaint Procedure
If you believe that any content or postings on this Site violate your intellectual property or other rights, please send to QualityHealth (CustomerService@QualityHealth.com) a comprehensive detailed message setting forth the following information: (1) your name and the name of your company, if any; (2) your contact information, including your e-mail address; (3) the nature and substance of your complaint, the specific rights at issue, and your basis for making the complaint, including the content or posting that is objectionable; and (4) the following statement: "The statements, representations, and assertions made in this message are true, complete, and accurate and I have the full legal authority to make each and every such statement, representation, and assertion and to make and be granted any demand made in this message."
12. Your Conduct
By viewing this Site, you certify that you are eighteen years of age or older. Individuals under the age of eighteen are not permitted to access this Site. QualityHealth's services and websites are not directed at children and are designed for individuals who are 18 years of age or older.
You understand that all User Materials, including without limitation information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials, whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such User Materials originated. This means that you, and not QualityHealth, are entirely responsible for all User Materials that you upload, post, email, transmit or otherwise make available via the Site. QualityHealth does not control the User Materials posted via the Site and, as such, does not guarantee the accuracy, integrity or quality of such User Materials. You understand that by using the Site, you may be exposed to User Materials that is offensive, indecent or objectionable. Under no circumstances will QualityHealth be liable in any way for any User Materials, including, but not limited to, any errors or omissions in any User Materials, or any loss or damage of any kind incurred as a result of the use of any User Materials posted, emailed, transmitted or otherwise made available via the Site.
Without limiting any other provision of these Terms and Conditions, you agree to not use the Site to:
- impersonate any person or entity, including, but not limited to, a QualityHealth official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- forge headers or otherwise manipulate identifiers in order to disguise the origin of any User Materials transmitted through the Site;
- upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
- interfere with or disrupt the Site or servers or networks connected to the Site, or disobey any requirements, procedures, policies or regulations of networks connected to the Site;
- intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law;
- provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act;
- "stalk" or otherwise harass another; and/or
- collect or store personal data about other users.
You acknowledge that QualityHealth may or may not pre-screen User Materials, but that QualityHealth and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or remove any User Materials that are available via the Site. Without limiting the foregoing, QualityHealth and its designees shall have the right to remove any User Materials that violate these Terms and Conditions or are otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any User Materials, including any reliance on the accuracy, completeness, or usefulness of such User Materials. In this regard, you acknowledge that you may not rely on any content created by QualityHealth or submitted to QualityHealth, including without limitation information in discussion groups, blogs, profiles, polls and all other parts of the Site.
You acknowledge, consent and agree that QualityHealth may access, preserve and disclose your account information and User Materials if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the Terms and Conditions; (c) respond to claims that any User Materials violates the rights of third parties; (d) respond to your requests for customer service; or (e) protect the rights, property or personal safety of QualityHealth, its users and the public.
You understand that the technical processing and transmission of the Site, including your User Materials, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
You understand that the Site and software embodied within the Site may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by QualityHealth and/or content providers who provide content to the Site. You may not attempt to override or circumvent any of the usage rules embedded into the Site. Any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided on the Site, in whole or in part, is strictly prohibited.
You understand that it is your sole responsibility to know and abide by all of the laws of your jurisdiction, with regard to your use of the Site. If the Site's content does not copy with those laws, it is your responsibility not to access it.
13. User Content Ratings and User Ranks Have No Economic Value
You agree that the quality ratings given to your User Materials, and any other User Materials, have no monetary or other economic value. You also agree that neither your "rank" on the Site, nor that of any other account holder, has any monetary or other economic value.
14. Termination of Access
QualityHealth reserves the right to terminate your access to this Site in the event that you violate these Terms and Conditions or for any reason whatsoever or no reason, with or without notice, in addition to any and all other remedies available at law or in equity.
15. Liability for Losses Stemming from Use of the Internet
Use of the Internet is solely at your own risk and is subject to all applicable local, state, national, and international laws and regulations. Without limiting anything else in these Terms and Conditions or otherwise, neither QualityHealth nor its contractors will be liable for any loss resulting from failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems, computer viruses, unauthorized access, theft, operator errors, severe weather, earthquakes, natural disasters, strikes or other labor problems, wars, or governmental restrictions.
16. Views Expressed on Site Not Necessarily Those of QualityHealth
You should know that the views expressed on community-written portions of QualityHealth.com (including conversations, profiles and ratings) are those of our users. The appearance of content concerning controversial matters (e.g. abortion) on Quality Health implies no editorial stance on the part of QualityHealth. Views expressed by our users and third-party content providers are neither endorsed nor adopted by QualityHealth. The only authorized spokespeople for the site owners are specially designated staff members, who always will be clearly identified with unique graphics associated with their display names ("badges").
17. Governing Law and Jurisdiction
18. Securities Information
This Site and the information contained herein do not constitute an offer or a solicitation of an offer for the purchase or sale of any securities. This Site may contain information and press releases about QualityHealth, and although this information was believed to be accurate as of the date prepared, QualityHealth disclaims any duty or obligation to update such information. To the extent that any information is deemed to be a "forward looking statement" as defined in the rules and regulations of the Securities Act of 1933, as amended, such information is intended to fit within the "safe harbor" for forward looking information and is subject to material risk factors which may or may not be disclosed herein.
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