- Eligibility. You must be eighteen or over to register as a Subscriber of HCI or use the Web site or otherwise have parental approval. Subscribership in the Service is void where prohibited. By using the Web site, you represent and warrant that you have the right, authority, and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement.
- Term. This Agreement will remain in full force and effect while you use the Web site and/or are a Subscriber. You may terminate your Subscribership at any time, for any reason by following the instructions on the Cancel Service option of the Service section of the main menu, or upon receipt by HCI of your written or email notice of termination. HCI may terminate your Subscribership for any reason, effective upon sending notice to you at the email address you provide in your application for Subscribership, or such other email address as you may later provide to HCI. If HCI terminates your Subscribership in the Service because you have breached the Agreement, you will not be entitled to any refund of unused subscription fees. Even after Subscribership is terminated, this Agreement will remain in effect. Even after this Agreement is terminated, certain provisions will remain in effect, including sections 4, 5, 7 and 9-14 of this Agreement.
- Commercial Use by Subscribers. The Web site is for the use of designated individuals associated with Subscribing organizations only and may not be used in connection with any commercial endeavors unrelated to the subscribing entity. Organizations, companies, and/or businesses are considered to be the Subscribers of this Service, and individuals designated for those entities are users, who may be have their access terminated under the discretion of the subscribing entity. Illegal and/or unauthorized uses of the Web site, including collecting addresses, personal information and/or email addresses of individual records by electronic or other means for the purpose of making an unsolicited contact, altering records for the purpose of fraudulant misrepresentation of information, and unauthorized framing of or linking to the Web site will be investigated, and appropriate legal action will be taken, including without limitation, civil, criminal, and injunctive redress.
- Proprietary Rights in Content on HCI. HCI owns and retains all proprietary rights in the Web site and the Service. The Web site contains the copyrighted material, trademarks, and other proprietary information of HCI, and its licensors. Except for that information which is in the public domain or for which you have been given written permission, you may not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information.
- Content Posted on the Site.
- You understand and agree that HCI may review and delete any data, information or documents (collectively, "Content") that in the sole judgment of HCI violate this Agreement or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of Subscribers or other individuals.
- You are solely responsible for the Content that you publish or display (hereinafter, "post") on the Service, or transmit to others.
- By posting Content to any public area of HCI, you automatically grant, and you represent and warrant that you have the right to grant, to HCI an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute such information and content and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sublicenses of the foregoing.
- The following is a partial list of the kind of Content that is illegal or prohibited on the Web site. HCI reserves the right to investigate and take appropriate legal action in its sole discretion against anyone who violates this provision, including without limitation, removing the offending communication from the Service and terminating the Subscribership of such violators. It includes Content that:
- is patently offensive, such as Content that promotes racism, bigotry , hatred or physical harm of any kind against any group or individual;
- harasses or advocates harassment of another person;
- involves the transmission of "junk mail", "chain letters," or unsolicited mass mailing or "spamming";
- promotes information that you know is false, misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
- promotes an illegal or unauthorized copy of another person’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
- contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page) ;
- displays pornographic or sexually explicit material of any kind;
- provides material that exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under 18;
- provides instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses;
- solicits passwords or personal identifying information for commercial or unlawful purposes from other users; and
- engages in commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, and pyramid schemes.
- Copyright Policy. You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights. Without limiting the foregoing, if you believe that your work has been copied and posted on the Service in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; a description of the copyrighted work that you claim has been infringed; a description of where the material that you claim is infringing is located on the Web site; your address, telephone number, and email address; a written statement by you that you have a good faith belief that the disputed us e is not authorized by the copyright owner, its agent, or the law; a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. HCI’s Copyright Agent for notice of claims of copyright infringement can be reached as follows: General Counsel, HCI, 1400 Key Blvd., Arlington, VA 22209.
- Subscription. If you sign-up for multiple subscriptions to HCI, you will be limited to only one instance of HCI Messenger, regardless of the number of subscribing accounts you may have with us.
- Subscriber Disputes. You are solely responsible for your interactions with other HCI Subscribers. Health Communications, Inc. reserves the right, but has no obligation, to monitor disputes between you and other Subscribers.
- Disclaimers. HCI is not responsible for any incorrect or inaccurate Content posted on the Web site or in connection with the Service, whether caused by users of the Web site, Subscribers or by any of the equipment or programming associated with or utilized in the Service. HCI is not responsible for the conduct, whether online or offline, of any user of the Web site or Subscriber of the Service. HCI assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, user or Subscriber communications. HCI is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any web site or combination thereof, including injury or damage to users and/or Subscribers or to any other person's computer related to or resulting from participating or downloading materials in connection with the Web and/or in connection with the Service. Under no circumstances will HCI be responsible for any loss or damage, including personal injury or death, resulting from anyone's use of the Web site or the Service, any Content posted on the Web site or transmitted to Subscribers, or any interactions between users of the Web site, whether online or offline. The Web site and the Service are provided "AS-IS" and HCI expressly disclaims any warranty of fitness for a particular purpose or non-infringement. HCI cannot guarantee and does not promise any specific results from use of the Web site and/or the Service.
- Limitation on Liability. Except in jurisdictions where such provisions are restricted, in no event will HCI be liable to you or any third person for any indirect, consequential, exemplary, incidental, special or punitive damages, including also lost profits arising from your use of the Web site or the Service, even if HCI has been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, HCI’s liability to you for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to HCI for the Service during the term of Subscribership.
- U.S. Export Controls. Software from this Web site (the “Software”) is further subject to United States export controls. No Software may be downloaded from the Web site or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other Country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading or using the Software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
- Disputes. If there is any dispute about or involving the Web site and/or the Service, by using the Web site, you agree that the dispute will be governed by the laws of the State of Virginia without regard to its conflict of law provisions. You agree to personal jurisdiction by and venue in the state and federal courts of the State of Virginia.
- Indemnity. You agree to indemnify and hold HCI, its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorney's fees, made by any third party due to or arising out of your use of the Service in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above.
- Other. This Agreement, accepted upon use of the Web site and further affirmed by becoming a Subscriber of the Service, contains the entire agreement between you and HCI regarding the use of the Web site and/or the Service. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect.
Please contact us with any questions regarding this agreement.
HCI is a trademark of Health Communications, Inc.