Terms of Use

Welcome

This Web site (the "Site"), is owned by Occam Health Services, LLC ("Occam Health"). We have drafted this Terms of Use Agreement ("Agreement") to help you understand the rules that govern your use of the Site. If you do not agree to abide by all of the provisions contained in this Agreement, you may not use or access the Site.

The most current version of the Agreement can be reviewed by clicking on the "Terms of Use" hypertext link located at the bottom of the Site. Occam Health reserves the right to modify this Agreement at any time at its sole discretion. You should check the Site from time to time to review the then current Agreement because it is binding on you. Your continued use of the Site constitutes your acceptance of any changes to the Agreement.

Scope

We control and operate this Site from the United States of America. If you are a non-US resident, you may access this Site solely at your own risk and are responsible for compliance with local laws and regulations, if applicable. Any references to products or services on the Site do not imply that Occam Health intends to announce or offer these products or services in your country.

Privacy

Occam Health's Privacy Policy will govern your use of the Site. By using the Site, you indicate that you understand and consent to the information collection, use, and disclosure practices described in our Privacy Policy.

Registered Users

Occam Health reserves the right to limit access to certain areas of the Site to certain users who register and meet the qualifications imposed by us. When registering, you must fill in all mandatory fields with true, accurate, current and complete information about yourself as prompted in the registration form and maintain and promptly update this information to keep it true, accurate, current and complete by contacting us. We reserve the right to discontinue access to any restricted area of the Site at any time, without notice to you, for any reason.

Security

If you are or become a registered user, you are responsible for maintaining the confidentiality of your User ID and password, and you are fully responsible for all activities that occur under your password or account. If you become aware of unauthorized use of your User ID and password, you agree to immediately notify Occam Health.

Modifications to Site

Occam Health reserves the right to modify or discontinue the Site (or any portion of the Site), temporarily or permanently, with or without notice to you, and is not obligated to support or update the Site. Occam Health shall not be liable to you or any third party in the event that Occam Health exercises its right to modify or discontinue the Site (or any portion of the Site). Unless explicitly stated otherwise, any new features that augment or enhance the current Site shall be subject to this Agreement.

No Medical Advice

The information on this Site is provided for general informational purposes only and is not intended or recommended as a substitute for professional medical advice. Always seek the advice of your physician or other qualified healthcare provider regarding any medical condition or treatment.

Intellectual Property Rights

The entire content included in the Site, including without limitation, the text, design, graphics, interface, sounds, music, video, interactive features and the like and the selection and arrangement thereof ("Content") and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to Occam Health, its affiliates or subsidiaries, and are subject to copyright, trademark and other intellectual property rights under United States and foreign laws and international conventions.

All Content on the Site is provided to you AS IS for your information and personal use only. You may download, view, copy and print Content, subject to the following conditions:

Except as provided above, you may not use, download, upload, copy, print, display, perform, reproduce, publish, license, post, transmit, frame, mirror on another Web service, use any meta tags, inline any graphics or distribute any Content or information from the Site in whole or in part without the express permission of Occam Health. Requests for such permission should be made by contacting us. Any rights not expressly granted herein are reserved. Please be advised that Occam Health enforces its intellectual property rights to the fullest extent of the law.

User Submissions

To the extent that you add, upload, transmit, post, communicate, or store any content on the Site or otherwise submit any content for use by Occam Health ("User Submissions"), you are solely responsible for all of the information, statements, facts, and material contained in such User Submissions.

In connection with any User Submission you may submit, you agree not to transmit, distribute, post, communicate or store information or other material on, to, or through the Site that:

You understand that Occam Health does not guarantee that it will publish or maintain your User Submissions on the Site. Occam Health may remove User Submissions at any time, without prior notice and at its sole discretion. Moreover, Occam Health does not guarantee any confidentiality with respect to any User Submissions that you choose to add, upload, transmit, post, communicate or store on the Site or that Occam Health otherwise may receive from you.

Occam Health does not claim ownership of your User Submissions. However, by adding, uploading, transmitting, posting, communicating, or storing such User Submissions on the Site or by otherwise submitting such User Submissions to Occam Health, you agree to and hereby grant Occam Health, its successors and assigns, and the operators of the Site a worldwide, non-exclusive, royalty free, perpetual, irrevocable, transferable, and sub-licensable license to use, edit, modify, copy, reproduce, distribute, transmit, broadcast, display, create derivative works of, publish, perform, adapt, and display such User Submissions on or in connection with the Site and for such other purposes as Occam Health (its successors and assigns) may deem appropriate, in all media formats and in all media channels now known or later developed. You also hereby grant each user of the Site a non-exclusive license to access your User Submissions through the Site, and to use, reproduce, distribute, prepare derivative works of, display and perform such User Submissions.

Prohibited Uses Generally

You agree not to:

You further agree not to violate or attempt to violate the security of the Site, including, without limitation:

Violations of system or network security may result in civil or criminal liability. In accordance with this Agreement, Occam Health will investigate and work with law enforcement authorities to prosecute users who are involved in such violations.

Prohibited Uses Generally

The Site may provide links to other Web sites operated by Occam Health as well as Web sites operated by third parties. Please refer to the separate terms of use, privacy policies, and other rules posted on these linked sites before you use them. Third-party links are provided merely as a convenience to you, and the inclusion of any link does not imply affiliation or endorsement by Occam Health. Occam Health does not review, monitor or check the accuracy of content published on third-party sites, and is not responsible for the availability of, and content provided on, third-party sites. If you choose to purchase any products or services from a third party, your relationship is directly with the third party and Occam Health is not responsible for any loss or damage of any sort you may incur from dealing with any third party.

Notice of Copyright Infringement

If you believe that your work has been copied and is accessible on the Site in a way that constitutes copyright infringement, please provide Occam Health's Copyright Agent with the following information:

Occam Health's Copyright Agent for notice of claims of copyright infringement on the Site can be reached by contacting us.

Occam Health will remove any content that infringes upon the copyright of any person under the laws of the United States upon receipt of such a statement (or, more specifically, any statement in conformance with 17 U.S.C. § 512(c)(3)). United States law provides significant penalties for submitting such a statement falsely. Please note that Occam Health may notify the individual who submitted the allegedly infringing material, and such person has the right to send Occam Health a counter-notification under applicable law and, if valid, the law requires the removed material to be restored. Occam Health will not be a party to disputes over alleged copyright infringement.

Disclaimer of Warranties

THE SITE AND ALL CONTENT, MATERIALS, INFORMATION, PRODUCTS AND SERVICES PROVIDED ON THE SITE, ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. OCCAM HEALTH EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND SECURITY AND ACCURACY, AS WELL AS ALL WARRANTIES ARISING BY USAGE OF TRADE, COURSE OF DEALING, OR COURSE OF PERFORMANCE. OCCAM HEALTH MAKES NO WARRANTY THAT: (A) THE SITE WILL MEET YOUR REQUIREMENTS; (B) THE SITE WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE OR ANY SERVICES OFFERED THROUGH THE SITE WILL BE ACCURATE OR RELIABLE; OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS.

ANY CONTENT, MATERIALS, OR INFORMATION DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK. OCCAM HEALTH SHALL HAVE NO RESPONSIBILITY FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY CONTENT, MATERIALS, OR INFORMATION.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM OCCAM HEALTH OR THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

Limitation of Liability

IN NO EVENT SHALL OCCAM HEALTH BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA OR USE, INCURRED BY YOU OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT OR TORT, ARISING FROM YOUR ACCESS TO, OR USE OF, THE SITE OR ANY SERVICES PROVIDED THROUGH THE SITE, OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, OR LINE OR SYSTEM FAILURE. IN THE EVENT THAT YOU HAVE A DISPUTE WITH ANOTHER USER RELATED TO, ARISING FROM, OR IN ANY WAY CONNECTED WITH USE OF THE SITE, YOU RELEASE OCCAM HEALTH FROM ANY CLAIMS, DEMANDS, AND DAMAGES OF EVERY KIND AND NATURE ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH A DISPUTE.

These limitations apply whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if Occam Health has been advised of the possibility of such damage. Because some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, Occam Health's liability in such jurisdictions shall be limited to the extent permitted by law.

No Resale of the Site

Your right to use the Site is personal to you. You agree not to reproduce, duplicate, copy, sell or resell the Site, without the express written consent of Occam Health.

Indemnity

You agree to indemnify, defend and hold Occam Health, its parents, subsidiaries, affiliates, shareholders, directors, officers, employees and agents, harmless from any claim, demand, liability, expense, or loss, including reasonable attorneys' fees, made by any third party due to or arising out of, or in any way connected with your use of or access to the Site or your violation of this Agreement.

Export Restrictions/Legal Compliance

Occam Health controls this Site from within the United Sates of America. You may not access, download, use or export the Site or the Content in violation of US export laws or regulations, or in violation of any other applicable laws or regulations.

Choice of Law and Forum

These Terms shall be governed by and construed in accordance with the laws of the State of Pennsylvania without regard to its choice of law provisions. If there is any dispute between us concerning the Agreement or your access to or use of the Site, we both agree to submit the dispute to non-binding mediation. The mediation will be governed under the rules of the American Arbitration Association, and the venue will be in Pennsylvania.

Termination

Occam Health reserves the right, in its sole discretion, to terminate your access to and use of the Site, with or without notice. Otherwise applicable sections of the Agreement shall survive termination.

No Waiver

The failure of Occam Health to enforce any provisions of the Agreement or respond to a breach by you or other parties shall not in any way waive its right to enforce subsequently any terms or conditions of the Agreement or to act with respect to similar breaches.

Miscellaneous

You agree that no joint venture, partnership, employment, or agency relationship exists between you and Occam Health as a result of the Agreement or your access to and use of the Site. A printed version of the Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to the Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Unless otherwise specified herein, the Agreement constitutes the entire agreement between you and Occam Health and governs your use of the Site. If any portion of the Agreement 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 intention of the parties, and the remaining portions shall remain in full force and effect.

Occam Health may assign its rights and duties under these Terms without such assignment being considered a change to the Terms and without notice to you. You may not assign these Terms without the prior written consent of Occam Health.

Contact Information

If you have any questions regarding this Agreement or the Site, please contact us.

Copyright © 2012 Occam Health Services, LLC. All rights reserved.