These Terms and Conditions of Service (“Agreement”) is a legal agreement
between you and Abarim Health, LLC, a Utah limited liability company
(hereinafter referred to as “Website Owner”), the owner and developer of
www.abarimhealth.net
(“Website”). By registering for any service provided on the Website you become
a client (“Client”) and you agree to be bound by all of the terms (the “Terms”)
set forth in this Agreement as long as you remain a Client.
IF YOU DO NOT AGREE
TO THE TERMS, PLEASE DO NOT REGISTER FOR ANY SERVICE ON WEBSITE.
The Terms are
subject to change at any time, effective upon notice to you.
BY CLICKING THE “I AGREE” BUTTON BELOW, YOU AGREE THAT YOU HAVE READ,
UNDERSTAND AND AGREE TO BE BOUND BY THE TERMS.
THE MOST CURRENT VERSION OF THE TERMS, WHICH SUPERSEDES ALL PREVIOUS VERSIONS,
CAN BE REVIEWED BY GOING TO
www.abarimhealth.net/legal
.
WEBSITE AND WEBSITE OWNER RESERVE THE RIGHT TO CHANGE THE TERMS AT ANY TIME
AND WITHOUT NOTICE TO YOU.
1.
Limitations of Liability and Indemnification.
By using any services provided by Website
Owner, you agree that in no event will Website, Website Owner, its and their
officers, employees, agents, affiliates, licensees and web hosting services be
liable for any direct or indirect, incidental, special or consequential damages
as a result of your accessing the website and using any of the services
available. Your sole remedy for any breach or default of this Agreement by
Website or Website Owner shall be a return of any fees paid to Website or
Website Owner for any services provided under this Agreement. You indemnify and
agree to defend and hold harmless Website, Website Owner, its and their
officers, employees, agents, affiliates, licensees and web hosting services and
third parties for any losses, costs, liabilities and expenses (including but
not limited to court costs, legal fees, awards or settlements) relating to or
arising out of your use of Website or the use of the information on the
Website, including any breach by you of the Terms contained in this Agreement.
2.
Responsibility for Use of Website.
You understand and agree that you are solely responsible for your actions and
decisions to implement the information provided on Website. You understand that
Website and Website Owner do not perform any sort of diagnosis of you and your
condition. You understand and agree that you must take all reasonable
precautions before implementing the information contained in the Website,
including but not limited to seeking medical guidance from your medical
providers.
3.
Do Not Rely on Website.
THE INFORMATION CONTAINED ON WEBSITE IS NOT MEDICAL ADVICE. Opinions,
information, statements or other comments should not necessarily be relied upon
and are not to be construed as medical advice from Website or Website Owner.
Website and Website Owner do not guarantee the accuracy or completeness of any
of the information provided, and are not responsible for any loss resulting
from your reliance on such information. YOU SHOULD SEEK MEDICAL GUIDANCE FROM
YOUR MEDICAL PROFESSIONALS TO DETERMINE IN THE INFORMATION CONTAINED IN THE
WEBSITE IS SUITABLE FOR YOU AND YOUR CONDITIONS.
4.
Warning re: Offensive Information.
It is possible that other Website clients through community forums may post or
send obscene or offensive materials on the site or to you via e-mail if you
provide in the forums. It is also possible that by using your e-mail address,
other people may, through other means outside the control of Website, have
access to personal information about you. Website, Website Owner, its
employees, agents, affiliates, licensees and web hosting services are not
responsible for these transmissions or for the release of such information by
others about you.
5.
Right to Monitor.
Website
and Website Owner reserve the right, but are not obligated, to monitor
materials posted in any public area and shall have the right to remove any
information deemed offensive by our staff. Notwithstanding the foregoing, you
remain solely responsible for your use of any information contained on the
site.
6.
Confidentiality.
It is
agreed that all personal information given to Website or Website Owner, will be
kept confidential by Website and Website Owner, with the following exceptions:
(1) basic biographical information (i.e. age, sex, race) will be posted with
your user ID for others to view; (2) you actively chose to post your personal
information for others to see; (3) you send a message to another client, which
will disclose your e-mail address to that client or (4) you have harassed
another person via any service provided by Website, in which case the
confidentiality clause contained in this Agreement is rendered null and void.
7.
Ownership, Copyrights, Trademarks, Licenses.
Website and Website Owner own and retain all
proprietary rights to the Website service, the information contained therein,
its trademarks and copyrights. Except for any information that is in the public
domain, you are not authorized to reproduce, transmit or distribute the
proprietary information of Website and Website Owner. By posting information to
Website and Website Owner you represent that you have the right to grant
permission for use by Website and Website Owner, including a non-exclusive,
royalty free license to use such information in any form or fashion.
8.
No Warranties.
Website
and Website Owner provide the Website services on an “as is” basis and do not
make any warranty, express, implied, limited or other with respect to the
services provided. Specifically, Website and Website Owner do not warrant that
the service will always be available, be uninterrupted, be error free, meet
your requirements, or that any defects in the services will be corrected.
9.
Jurisdiction.
This
Agreement or any dispute arising from this Agreement is governed by the laws of
Utah, without regard to provisions of conflicts of law. Any lawsuit arising
from or related to this Agreement shall be brought exclusively before the
United States District Court for Salt Lake County, Utah and you hereby consent
to the jurisdiction of any such court.
10.
Severability.
If any
provision is found to be invalid, the remaining provisions will be in full
force and effect.
11.
Certification.
You
certify that you are at least 18 years of age and that your answers to the
registration materials on Website are truthful. In accessing and using Website,
you understand and agree that basic information concerning you, given to
Website, will be published on the web-site for others to view along with your
User ID. Your name, address and e-mail address are kept confidential, except
where provided above.
12.
Entire Agreement.
This
Agreement constitutes your entire Agreement with Website and Website Owner with
respect to any services.
13.
Waiver.
The failure of
Website or Website Owner to exercise or enforce any right or provision of this
Agreement shall not operate as a waiver of such right or provision. Any waiver
of this Agreement by Website or Website Owner must be in writing and signed by
an authorized representative of the Website Owner.
You further understand and agree that clicking or pressing on the “I agree”
is the electronic equivalent of a written signature on this document.
[I agree]
[I do not agree]