THIS AGREEMENT DESCRIBES YOUR RIGHTS AND RESPONSIBILITIES. PLEASE READ THIS
TERMS OF USE AGREEMENT CAREFULLY BEFORE USING THIS WEBSITE
Content Communications Group Inc./ NHIondemand, Inc. Terms of Use
Last revised: 06-10-2009
Content Communications Group, LLC, and NHIondemand, Inc. ("we," "us")
provide the website known as NHIondemand.com as well as all services related to
the website (the Site) subject to your compliance with the terms and conditions
set forth in this Agreement. By using the site, you agree to be bound by these terms
and conditions. If you do not agree to these terms and conditions, please do not
use the Site.
This Agreement is made between NHIondemand. and you, the user of the Site ("you").
We reserve the right at any time to:
Change the terms and conditions of this Agreement; Change the Site, including eliminating
or discontinuing any content on or feature of the Site; or Change any fees or charges
for use of the Site.
Any changes we make will be effective seven (7) days after notice of any change
is provided to you, which may be done by means including, without limitation, posting
on the Site or via electronic mail. Your use of the Site after such notice will
be deemed acceptance of such changes. Be sure to review this Agreement periodically
to ensure familiarity with the most current version. Upon our request, you agree
to sign a non-electronic version of this Agreement.
Site for Trade Professional Use: The material provided on our Site is for professional
use only. It is not intended for individual use by consumers. Printable consumer
materials are provided to the professional for distribution to patients and customers.
Beyond use stated in the previous sentences, any reuse or redistribution is strictly
prohibited. Professionals should use this information for reference purposes only
and should not rely on it as the sole determination regarding treatment for specific
medical conditions. Medical information changes rapidly and, for that reason, some
information on the site may be out of date.
The U.S. Food & Drug Administration has not evaluated statements about some
products and health conditions. NHIOnDemand is an independent third party content
provider and does not endorse manufacturers' or others' claims about the efficacy
of products.
Privacy. Our policy with respect to the collection and use of your personal
information is set forth in our
Privacy Policy.
Code of Conduct. While using the Site you agree not to:
- Use the Site for any unlawful purpose;
- Transmit any software or other materials that contain any virus, worm, time bomb,
Trojan horse, or other harmful or disruptive component;
- Modify, adapt, sublicense, translate, sell, reverse engineer, decompile or disassemble
any portion of any of the Site;
- Remove any copyright, trademark, or other proprietary rights notices contained
in the Site;
- "Frame" or "mirror" any part of the Site without our prior written authorization;
- Harvest or collect information about Site visitors or members without their express
consent; or Permit anyone else whose account or subscription was terminated to use
the Site through your subscription, username or password.
While using the Site you agree to comply with all applicable laws, rules and regulations.
Cancellation. You may cancel your subscription to NHIondemand.com by notifying
our Customer Service Department.
Cancellation will take effect no later than 10 business days after we receive your
notification, and if you had an annual subscription, we will reimburse you for any
whole months remaining on your subscription after the effective date of the cancellation.
Monthly subscriptions will not be reimbursed or refunded. Any delinquent or unpaid
amounts must be paid in full before you may re-subscribe.
Termination. This Agreement shall remain effective until terminated in accordance
with its terms. NHIondemand, Inc. may terminate this agreement, and/or your access
to and use of the site or any portion thereof, immediately, in the event we determine,
in our sole discretion, that you have breached this Agreement or applicable License
Agreement. In addition, we reserve the right, upon 10 business days notice and the
reimbursement of any whole months remaining on your subscription, to terminate this
Agreement without cause.
Claims of Copyright Infringement. The Digital Millennium Copyright Act of
1998 (the "DMCA") provides recourse for copyright owners who believe that material
appearing on the Internet infringes their rights under U.S. copyright law. If you
believe in good faith that materials hosted by NHIondemand, Inc., are in violation
of copyright, you (or your agent) may send us a notice requesting that the material
be removed, or access to it blocked. If you believe in good faith that a notice
of copyright infringement has been wrongly filed against you, the DMCA permits you
to send us a counter-notice. Notices and counter-notices must meet the then-current
statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright/ for
details. Notices and counter-notices with respect to the Site should be processed through our
contact form. We suggest that you consult your legal advisor before
filing a notice or counter-notice. Also, be aware that there can be penalties for
false claims under the DMCA.
Ownership and Restrictions on Use. 2000 NHIondemand, Inc. All Rights Reserved.
You may only access and use the materials on the Site, and download and/or print
out only one copy of any materials on the Site, solely for your personal use. You
may not republish, reuse, upload, post, transmit or distribute materials from the
Site in any way, without our prior written permission. Modification of the materials
or use of the materials for any other purpose is a violation of our copyright and
other proprietary rights, and is strictly prohibited. You acknowledge that you do
not acquire any ownership rights by using the Site.
"NHIondemand, Inc.," and "nhiondemand.com" are trademarks and/or service marks of
Content Communications Group, Inc.
Links to Other Web Sites. The Site may contain links to other Internet web
sites or resources. We neither control nor endorse such other web site, nor have
we reviewed or approved any content that appears on such other web site. You acknowledge
and agree that we shall not be held responsible for the legality, accuracy, or inappropriate
nature of any content, advertising, products, services, or information located on
or through any other web site, nor for any loss or damages caused or alleged to
have been caused by the use of or reliance on any such content.
Disclaimers. THE SITE, THE MATERIALS ON THE SITE, AND ANY PRODUCT OR SERVICE
OBTAINED OR ACCESSED THROUGH THE SITE ARE PROVIDED "AS IS" AND WITHOUT REPRESENTATIONS
OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE
PURSUANT TO APPLICABLE LAW, CCG/NHIONDEMAND, INC. AND ITS AGENTS DISCLAIM ALL
WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, IMPLIED
WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR
PURPOSE. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE
ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. CCG/NHIONDEMAND, INC. AND ITS AGENTS DO
NOT WARRANT THAT YOUR USE OF THE SITE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE,
THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER(S) ON WHICH THE SITE
ARE HOSTED ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ACKNOWLEDGE THAT
YOU ARE RESPONSIBLE FOR OBTAINING AND MAINTAINING ALL TELEPHONE, COMPUTER HARDWARE
AND OTHER EQUIPMENT NEEDED TO ACCESS AND USE THE SITE, AND ALL CHARGES RELATED THERETO.
YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND YOUR RELIANCE
THEREON. NO OPINION, ADVICE, OR STATEMENT OF NHIONDEMAND, INC. OR ITS AFFILIATES,
SUPPLIERS, AGENTS, MEMBERS, OR VISITORS, WHETHER MADE ON THE SITE OR OTHERWISE,
SHALL CREATE ANY WARRANTY. YOUR USE OF THE SITE AND ANY MATERIALS PROVIDED THROUGH
THE SITE ARE ENTIRELY AT YOUR OWN RISK.
A possibility exists that the Site could include inaccuracies or errors, or materials
that violate these Terms of Use (specifically, the Code of Conduct above). Medical
information changes rapidly and, for that reason, some information on this site
may be out of date. Additionally, a possibility exists that unauthorized alterations
could be made by third parties to the Site. Although we attempt to ensure the integrity
of the Site, we make no guarantees as to the Site' completeness or correctness.
In the event that such a situation arises, please contact us with our
contact form with, if possible, a description of the material
to be checked and the location (URL) where such material can be found on the Site,
as well as information sufficient to enable us to contact you. We will try to address
your concerns as soon as reasonably practicable. For copyright infringement claims,
see the section on "Claims of Copyright Infringement" above.
Limitation of Liability. NEITHER ADCCG/NHIONDEMAND, INC. NOR ITS AGENTS ARE
RESPONSIBLE OR LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY,
PUNITIVE OR OTHER DAMAGES UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER
THEORY ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE AND/OR CONTENT CONTAINED
ON THE SITE, OR ANY PRODUCT OR SERVICE PURCHASED THROUGH THE SITE. YOUR SOLE REMEDY
FOR DISSATISFACTION WITH THE SITE AND/OR CONTENT CONTAINED WITHIN THE SITE IS TO
STOP USING THE SITE. THE SOLE AND EXCLUSIVE MAXIMUM LIABILITY TO COMPANY FOR ALL
DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT
LIMITATION, NEGLIGENCE), OR OTHERWISE) SHALL BE THE TOTAL AMOUNT PAID BY YOU, IF
ANY, TO ACCESS THE SITE.
Indemnification. You agree to indemnify, defend and hold us, our officers,
directors, employees, agents and representatives harmless from and against any and
all claims, damages, losses, costs (including reasonable attorneys' fees), or other
expenses that arise directly or indirectly out of or from (a) your breach of this
Agreement, including any violation of the Code of Conduct above; (b) any allegation
that any materials that you submit to us or transmit to the Site infringe or otherwise
violate the copyright, trademark, trade secret or other intellectual property or
other rights of any third party; and/or (c) your activities in connection with the
Site or any services related to the Site.
Miscellaneous. This Agreement is governed by and construed in accordance
with the laws of the State of Delaware , United States of America , without regards
to its principles of conflicts of law. You agree to personal jurisdiction by the
federal and state courts located in the state of Delaware , United States of America
, and waive any jurisdictional, venue, or inconvenient forum objections to such
courts. If any provision of this Agreement is found to be unlawful, void, or for
any reason unenforceable, then that provision shall be deemed severable from this
Agreement and shall not affect the validity and enforceability of any remaining
provisions. This Agreement is not assignable, transferable or sub-licensable by
you except with our prior written consent. No waiver by either party of any breach
or default hereunder shall be deemed to be a waiver of any preceding or subsequent
breach or default. Any heading, caption or section title contained in this Agreement
is inserted only as a matter of convenience and in no way defines or explains any
section or provision hereof. This, together with all policies referred to herein,
constitutes the entire Agreement between us relating to the subject matter herein
and supersedes and any all prior or contemporaneous written or oral Agreements between
us.
Copyright 2007-2010, NHIondemand