1. ACCEPTANCE OF TERMS
Local Healthcare Today LLC provides a
collection of online resources ("LHT Services") subject to the following Terms
of Use ("USAGE TERMS"). By using LHT Services, you agree to comply with the
USAGE TERMS. In addition, when using particular Local Healthcare Today LLC services,
you agree to abide by any applicable posted guidelines for all Local Healthcare
Today services, which may change from time to time. Should you object to any
term or condition of the USAGE TERMS, any guidelines, or any subsequent
modifications thereto or become dissatisfied with Local Healthcare Today LLC in any
way, you may discontinue use of Local Healthcare Today. Local Healthcare Today LLC
has the right, but is not obligated, to enforce the USAGE TERMS through
investigation, litigation and prosecution.
2. MODIFICATIONS TO THIS AGREEMENT
We reserve the right, at our sole
discretion, to change, modify or otherwise alter these terms and conditions at
any time. Such modifications shall become effective immediately upon the
posting thereof. You must review this agreement on a regular basis to keep
yourself apprised of any changes. You can find the most recent version of the
USAGE TERMS at this current page.
3. CONTENT
All text or files ("Content") posted on,
transmitted through, or linked from LHT Services, are the sole responsibility of
the person from whom such Content originated. Additionally, Local Healthcare
Today makes no representation or warranty as to the accuracy, completeness or
authenticity of the information contained in third-party sites. Your linking to
any other websites is at your own risk.
4. THIRD PARTY CONTENT, SITES, AND SERVICES
The Local Healthcare Today LLC site and
Content available through LHT Services may contain features and functionalities
that may link you or provide you with access to third party content which is
completely independent of Local Healthcare Today, including web sites,
directories, servers, networks, systems, information and databases,
applications, software, programs, products or services, and the Internet as a
whole.
Your interactions with organizations or
individuals found on or through LHT Services, including payment and delivery of
goods or services, and any other terms, conditions, warranties or
representations associated with such dealings, are solely between you and such
organizations and/or individuals.
5. NOTIFICATION OF CLAIMS OF INFRINGEMENT
If you believe that your work has been
copied in a way that constitutes copyright infringement, or your intellectual
property rights have been otherwise violated, please notify Local Healthcare
Today's agent for notice of claims of copyright or other intellectual property
infringement ("Agent"), at: abuse@localhealthcaretoday.com
or:
Local Healthcare Today
195 25th Street, Ste. 301
Ogden, UT 84401
Please provide our Agent with the
following Notice:
a) Identify the work on the Local
Healthcare Today site with enough detail so that we may locate it on the
website;
b) A statement by you that you have a
good faith belief that the disputed use is not authorized by the copyright
owner, its agent, or the law;
c) A statement by you declaring under
penalty of perjury that (1) the above information in your Notice is accurate,
and (2) that you are the owner of the copyright interest involved or that you
are authorized to act on behalf of that owner;
d) Your address, telephone number, and
email address; and
e) Your physical or electronic
signature.
Local Healthcare Today LLC will remove the
infringing posting(s), subject to the procedures outlined in the Digital
Millennium Copyright Act (DMCA).
6. PRIVACY AND INFORMATION DISCLOSURE
Local Healthcare Today LLC has established a
Privacy Policy to explain to users how their information is collected and used,
which is located at: http://www.localhealthcaretoday.com/PrivacyPolicy.aspx
7. CONDUCT
You agree not to:
a) Post, email, or otherwise make
available content that violates HIPAA, or is unlawful, harmful, threatening,
abusive, harassing, defamatory, libelous, invasive of another's privacy, or is
harmful to minors in any way;
b) Post, email, or otherwise make
available content that impersonates a person or entity, including, but not
limited to, a Local Healthcare Today LLC employee, or falsely states or otherwise
misrepresents your affiliation with a person or entity (this provision does not
apply to Content that constitutes lawful non-deceptive parody of public
figures.);
c) Use automated means, including
spiders, robots, crawlers, data mining tools, or the like to download data from
LHT Services - unless expressly permitted by Local Healthcare Today;
d) Post non-local or otherwise
irrelevant Content, repeatedly post the same or similar Content or otherwise
impose an unreasonable or disproportionately large load on our infrastructure;
8. NO SPAM POLICY
You understand and agree that sending
unsolicited email advertisements to Local Healthcare Today LLC email addresses or
through Local Healthcare Today’s computer systems, which is expressly prohibited
by these Terms, will use or cause to be used servers located in Utah. Any
unauthorized use of Local Healthcare Today LLC computer systems is a violation of
these Terms and certain federal and state laws. Such violations may subject the
sender and his or her agents to civil and criminal penalties.
9. PAID POSTINGS
We may charge a fee to post Content in
some areas of LHT Services. The fee is an access fee permitting Content to be
posted in a designated area. Each party posting Content to LHT Services is
responsible for said Content and compliance with the USAGE TERMS. All fees paid
will be non-refundable in the event that Content is removed from LHT Services
for violating the USAGE TERMS.
10. LIMITATIONS ON SERVICE
You acknowledge that Local Healthcare
Today may establish limits concerning use of the Service, including the maximum
size of Content that may be transmitted or stored by LHT Services. You agree
that Local Healthcare Today LLC has no responsibility or liability for the deletion
or failure to store any Content maintained or transmitted by LHT Services. You
acknowledge that Local Healthcare Today LLC reserves the right at any time to modify
or discontinue the Service (or any part thereof) with or without notice, and
that Local Healthcare Today LLC shall not be liable to you or to any third party for
any modification, suspension or discontinuance of LHT Services.
11. ACCESS TO LHT SERVICES
Local Healthcare Today LLC grants you a
limited, revocable, nonexclusive license to access
LHT Services for your own personal use.
This license does not include:
(a) Access to LHT Services by Posting
Agents; or (b) any collection, aggregation, copying, duplication, display or
derivative use of LHT Services nor any use of data mining, robots, spiders, or
similar data gathering and extraction tools for any purpose unless expressly
permitted by Local Healthcare Today. A limited exception to (b) is provided to
general purpose internet search engines and non-commercial public archives that
use such tools to gather information for the sole purpose of displaying
hyperlinks to LHT Services.
Use of LHT Services beyond the scope of
authorized access granted to you by Local Healthcare Today LLC immediately
terminates said permission or license. In order to collect, aggregate, copy,
duplicate, display or make derivative use of the LHT Services or any Content
made available via LHT Services for other purposes (including commercial
purposes) not stated herein, you must first obtain a license from Local
Healthcare Today.
12. TERMINATION OF SERVICE
You agree that Local Healthcare Today,
in its sole discretion, has the right (but not the obligation) to delete or
deactivate your account, block your email or IP address, or otherwise terminate
your access to or use of LHT Services (or any part thereof), immediately and
without notice, and remove and discard any Content within LHT Services, for any
reason, including, without limitation, if Local Healthcare Today LLC believes that
you have acted inconsistently with the letter or spirit of the USAGE TERMS.
13. PROPRIETARY RIGHTS
LHT Services is protected to the maximum
extent permitted by copyright laws and international treaties. Content displayed
on or through LHT Services is protected by copyright as a collective work and/or
compilation, pursuant to copyrights laws, and international conventions. Any
reproduction, modification, creation of derivative works from or redistribution
of the site or the collective work, and/or copying or reproducing the sites or
any portion thereof to any other server or location for further reproduction or
redistribution is prohibited without the express written consent of Local
Healthcare Today. You further agree not to reproduce, duplicate or copy Content
from LHT Services without the express written consent of Local Healthcare Today,
and agree to abide by any and all copyright notices displayed on LHT Services.
You may not decompile or disassemble, reverse engineer or otherwise attempt to
discover any source code contained in the Service. Without limiting the
foregoing, you agree not to reproduce, duplicate, copy, sell, resell or exploit
for any commercial purposes, any aspect of LHT Services. LOCAL HEALTHCARE TODAY LLC
is a registered mark in the U.S. Patent and Trademark Office.
14. DISCLAIMER OF WARRANTIES
YOU AGREE THAT USE OF THE LOCAL
HEALTHCARE TODAY SITE AND LHT SERVICES IS ENTIRELY AT YOUR OWN RISK. THE LOCAL
HEALTHCARE TODAY SITE AND LHT SERVICES ARE PROVIDED ON AN "AS IS" OR "AS
AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. ALL EXPRESS AND IMPLIED WARRANTIES,
INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY
DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT
PERMITTED BY LAW, LOCAL HEALTHCARE TODAY LLC DISCLAIMS ANY WARRANTIES FOR THE
SECURITY, RELIABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE OF
THE LOCAL HEALTHCARE TODAY LLC SITE AND THE SERVICE. TO THE FULLEST EXTENT
PERMITTED BY LAW, LOCAL HEALTHCARE TODAY LLC DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS
RECEIVED THROUGH OR ADVERTISED ON THE LOCAL HEALTHCARE TODAY LLC SITE OR THE SITES
OR SERVICE, OR ACCESSED THROUGH ANY LINKS ON THE LOCAL HEALTHCARE TODAY LLC SITE.
TO THE FULLEST EXTENT PERMITTED BY LAW, LOCAL HEALTHCARE TODAY LLC DISCLAIMS ANY
WARRANTIES FOR VIRUSES OR OTHER HARMFUL COMPONENTS IN CONNECTION WITH THE LOCAL
HEALTHCARE TODAY SITE OR LHT SERVICES. Some jurisdictions do not allow the
disclaimer of implied warranties. In such jurisdictions, some of the foregoing
disclaimers may not apply to you insofar as they relate to implied warranties.
15. LIMITATIONS OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL LOCAL
HEALTHCARE TODAY BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL,
CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF LOCAL HEALTHCARE TODAY LLC HAS BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES), RESULTING FROM ANY ASPECT OF YOUR USE OF THE LOCAL HEALTHCARE
TODAY SITE OR LHT SERVICES, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE
LOCAL HEALTHCARE TODAY LLC SITE OR LHT SERVICES, FROM INABILITY TO USE THE LOCAL
HEALTHCARE TODAY SITE OR LHT SERVICES, OR THE INTERRUPTION, SUSPENSION,
MODIFICATION, ALTERATION, OR TERMINATION OF THE LOCAL HEALTHCARE TODAY LLC SITE
OR LHT SERVICES. SUCH LIMITATION SHALL
ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR
PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE LOCAL HEALTHCARE
TODAY SITE OR LHT SERVICES OR ANY LINKS ON THE LOCAL HEALTHCARE TODAY LLC SITE, AS
WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN
CONNECTION WITH THE LOCAL HEALTHCARE TODAY LLC SITE OR LHT SERVICES OR ANY LINKS ON
THE LOCAL HEALTHCARE TODAY LLC SITE. THESE LIMITATIONS SHALL APPLY TO THE FULLEST
EXTENT PERMITTED BY LAW. In some jurisdictions, limitations of liability are not
permitted. In such jurisdictions, some of the foregoing limitation may not
apply to you.
16. INDEMNITY
You agree to indemnify and hold Local
Healthcare Today, its officers, subsidiaries, affiliates, successors, assigns,
directors, officers, agents, service providers, suppliers and employees,
harmless from any claim or demand, including reasonable attorney fees and court
costs, made by any third party due to or arising out of Content you submit, post
or make available through LHT Services, your use of LHT Services, your violation
of the USAGE TERMS, your breach of any of the representations and warranties
herein, or your violation of any rights of another.
17. GENERAL INFORMATION
The USAGE TERMS constitute the entire
agreement between you and Local Healthcare Today LLC and govern your use of LHT
Services, superseding any prior agreements between you and Local Healthcare
Today. The USAGE TERMS and the relationship between you and Local Healthcare
Today shall be governed by the laws of the State of Utah without regard to its
conflict of law provisions. You and Local Healthcare Today LLC agree to submit to
the personal and exclusive jurisdiction of the courts located within the county
of Weber, Utah. The failure of Local Healthcare Today LLC to exercise or enforce any
right or provision of the USAGE TERMS shall not constitute a waiver of such
right or provision. If any provision of the USAGE TERMS is found by a court of
competent jurisdiction to be invalid, the parties nevertheless agree that the
court should endeavor to give effect to the parties' intentions as reflected in
the provision, and the other provisions of the USAGE TERMS remain in full force
and effect. You agree that regardless of any statute or law to the contrary, any
claim or cause of action arising out of or related to use of LHT Services or the
USAGE TERMS must be filed within one (1) year after such claim or cause of
action arose or be forever barred.
18. VIOLATION OF TERMS
Please report any violations of the
USAGE TERMS, by emailing information to:
abuse@localhealthcaretoday.com
Our failure to act with respect to a
breach by term violators does not waive our right to act with respect to
subsequent or similar breaches.
19. FEEDBACK
We welcome your questions and comments
on this document in the Local Healthcare Today LLC feedback forum:
http://www.localhealthcaretoday.com/contactus.aspx