Terms Of Use |
IMPORTANT. PLEASE
READ. BY USING THIS SITE,
YOU ACCEPT THE TERMS OF THIS WEBSITE
SERVICE AGREEMENT (THE "AGREEMENT"), AND YOU AGREE TO THE FOLLOWING
TERMS AND CONDITIONS. IF YOU ARE EXECUTING THIS AGREEMENT ON BEHALF OF A
COMPANY, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND THE COMPANY TO THE
TERMS GOVERNING THE USE OF WEBSITE'S ON_LINE SERVICE (THE
"SERVICE"). THE TERM "YOU" REFERS TO THE INDIVIDUAL OR A
LEGAL ENTITY, AS APPLICABLE, THAT REGISTERS FOR OR USES THE SERVICE. IF YOU
DO NOT HAVE SUCH AUTHORITY. IF YOU DO
NOT AGREE, YOU MAY NOT USE THIS SITE. |
Welcome. As part of the Service, the website will
provide you with use of the Service, including a browser interface and data
encryption, transmission, access and storage. Your registration for, or use
of, the Service shall be deemed to be your agreement to abide by this
Agreement. |
Price and Payment. You will pay all fees or charges to your
account in accordance with the fees, charges, and billing terms in effect at
the time a fee or charge is due and payable. You must also report and pay any
applicable taxes to the appropriate governmental agency. |
Charges. The Infrahealth will automatically renew and bill
your company according to the written contract. |
Non-Payment. If timely payment is not received or cannot be
charged to your credit card for any reason, the website reserves the right to
either suspend or terminate your access to the Service and account and
terminate this Agreement. If this Infrahealth receives a cancellation notice from
you, you will be obligated to pay balance due on your account. You agree that
the Infrahealth may charge such unpaid fees to your credit card or otherwise bill
you for such unpaid fees. |
Non-Transferable
Membership. The Website and its
licensors grant to you a personal, non-exclusive, non-transferable license to
use the Service solely for your own internal business purposes. All rights
not expressly granted by the Infrahealth to you are retained. |
Restrictions. Unauthorized use of the Service, or the resale
of the Services, is expressly prohibited. You shall not copy, license, sell,
transfer, make available, distribute, or assign this license or the Content
to any third party. You also shall not create Internet "link" to
the Service or "frame" or "mirror" any Content contained
on, or accessible from, this Service on any other server or Internet-based
device. |
Third Party Interaction. In your use of the Service, you may enter into
correspondence with, purchase goods and/or services, or participate in
promotions of advertisers or sponsors showing their goods and/or services
through the Service. Any such activity, and any terms, conditions, warranties
or representations associated with such activity, is solely between you and
the applicable third-party. The website shall have no liability, obligation or
responsibility for any such correspondence, purchase or promotion between you
and any such third-party. |
Links to Third Party
Sites. The website does not
endorse any sites on the Internet that are linked through the Service.
The website is providing these links to you only as a matter of convenience,
and in no event shall the website be responsible for any content, products, or
other materials on or available from such sites. |
User Accounts. A user account is required to access the
Service and may be accessed and used only by those authorized individuals who
are registered with the website. To open a user account, you or your company
must complete the registration process by providing the Infrahealth with current,
complete and accurate information as prompted by the registration form. In
registering for the Service, you and your company's users agree to submit
accurate, current and complete information about you and your organization,
and promptly update such information. Should the Infrahealth suspect that such
information is untrue, inaccurate, not current or incomplete, the Infrahealth has
the right to suspend or terminate your usage of the Service. You will choose
a personal, non-transferable password. User accounts cannot be
"shared" or used by more than one individual. User licenses can be
transferred to a new user only if a previous user becomes inactive and is
unable to access the Service. |
User Responsibilities. You are also solely responsible for any and
all activities that occur under your account and ensuring that you exit or
log-off from your account at the end of each session of use. You shall notify
the Infrahealth immediately of any unauthorized use of your password or account or
any other breach of security that is known or suspected by you. You shall
also use your best efforts to stop immediately any copying or distribution of
Content that is known or suspected by you. The Infrahealth shall not be
responsible for any unauthorized access to, or alteration of, your
transmissions or data, any material, information or data sent or received,
regardless of whether the data is actually received by the Infrahealth , or any
transactions entered into through the Service or failure to abide by this
Agreement. |
Account Information and
Data. The Infrahealth does not own
any data, information or material that you submit to the Service
("Data"), unless we specifically tell you otherwise before you
submit it. The Infrahealth will not monitor, edit, or disclose any information regarding
you or your account, including any Data, without your prior permission except
in accordance with this Agreement. Please be aware that the Infrahealth does
provide certain user registration and statistical information such as usage
or user traffic patterns in aggregate form to third parties, but such
information will not include personally identifying information and your
Internet protocol address is not transmitted with each message sent from your
the website account. The Infrahealth may access your account, including its Data,
to respond to service or technical problems or as stated in this Agreement.
You, not the Infrahealth , shall have sole responsibility for the accuracy,
quality, integrity, legality, reliability, appropriateness and copyright of
all Data and the Infrahealth shall not be responsible or liable for the deletion,
correction, destruction, damage, loss or failure to store any Data. |
Use, Storage and Other
Limitations. The Infrahealth
reserves the right to establish or modify general practices and limits concerning
use of the Service, including without limitation the maximum number of days
that Content will be retained by the Service, the maximum disk space that
will be allotted on the Infrahealth 's servers on your behalf. |
User Conduct. You agree to abide by all applicable local,
state, national and foreign laws, treatises and regulations in connection
with the Service. In addition, without limitation, you agree not to use the
Service to: (a) use information from the Service in connection with sending
unsolicited or unauthorized advertising, promotional materials, junk mail,
spam, chain letters, pyramid schemes, or any other form of duplicative or
unsolicited messages, whether commercial or otherwise; (b) harvest, collect,
gather or assemble information or data regarding other users, including
e-mail addresses, without their consent; (c) transmit through or post on the
Service unlawful, harassing, libelous, abusive, harassing, tortious,
defamatory, threatening, harmful, abusive, libelous, invasive of another's privacy,
vulgar, obscene or otherwise objectionable material of any kind or nature or
which is harmful to minors in any way; (d) transmit any material that may
infringe the intellectual property rights or other rights of third parties,
including trademark, copyright or right of publicity; (e) transmit any
material that contains software viruses or other harmful or deleterious
computer code, files or programs such as trojan horses, worms, time bombs,
cancelbots; (f) interfere with or disrupt servers or networks connected to
the Service or violate the regulations, policies or procedures of such
networks; (g) attempt to gain unauthorized access to the Service, other
accounts, computer systems or networks connected to the Service, through
password mining or any other means; or (h) harass or interfere with another
user's use and enjoyment of the Service. |
Termination. The Infrahealth , in its sole discretion, may
terminate your password, account or use of the Service and remove and discard
any Data within the Service if you fail to comply with this Agreement. You
may terminate your user membership upon notice to the Infrahealth at any
time. Upon termination, you will be granted a refund of any prepaid
charges for the remaining term of your subscription starting within one month
of our receipt of your notice. The Infrahealth shall make available a file
of Licensee's data. Licensee must make such request at the notification of
termination to receive such file within (30) days of termination. In
addition, the Infrahealth may terminate a free account if you do not first log-on
within 30 days after registration or 90 days since your last log-on. Upon
termination of an account, your right to use such account and the Service
immediately ceases. The Infrahealth shall have no obligation to maintain any Data
stored in your account or to forward any Data to you or any third party. |
Privacy Policy. Click here to view this Infrahealth
privacy policy. |
Cookies. Cookies are files that your web browser places
on your computer's hard drive and are used to tell us whether you have
visited the Service previously.The website uses a persistent cookie to help
save and retrieve usernames used on the Service. The website issues a session
cookie only to record encrypted authentication information for the duration
of a specific session. The session cookie does not include either the
username or password of the user. |
Proprietary Rights. Except for the licenses granted herein, you
have no right, title or interest in or to the Service or any Content and
the Infrahealth or its licensors, including (a) Infrahealth, retain all proprietary
right, title and interest, including copyright and all other intellectual
property rights, in and to the Service and Content, including, without
limitation, stories, articles, text, images, and other multimedia data.
The Infrahealth and/or other the website products and services referenced herein
are either trademarks or registered trademarks of the Infrahealth . The names of
other companies and products mentioned herein may be the trademarks of their
respective owners. |
Indemnification. You shall indemnify and hold the Infrahealth , its
licensors, and each such party's parents,
subsidiaries, affiliates, officers, directors, employees, attorneys, and
agents, harmless from and against any and all claims, costs, damages, losses,
liabilities, and expenses (including attorneys' fees and costs) arising out
of or in connection with your use of the Service (including the Content) or
breach of this Agreement. |
Disclaimer of Warranties. THE WEBSITE AND ITS LICENSORS, INFRAHEALTH, MAKE NO REPRESENTATION, WARRANTY, OR GUARANTY AS TO THE
RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, TRUTH, AVAILABILITY, ACCURACY
OR COMPLETENESS OF THE SERVICE OR ANY CONTENT. THE WEBSITE AND ITS LICENSORS
DO NOT REPRESENT OR WARRANT THAT: (I) THE USE OF THE SERVICE WILL BE SECURE,
TIMELY, UNINTERRUPTED OR ERROR-FREE OR OPERATE IN COMBINATION WITH ANY OTHER
HARDWARE, SOFTWARE, SYSTEM OR DATA, (II) THE SERVICE WILL MEET YOUR
REQUIREMENTS OR EXPECTATIONS, (III) ANY STORED DATA WILL BE ACCURATE OR
RELIABLE, (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL
PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR REQUIREMENTS
OR EXPECTATIONS, (V) ERRORS OR DEFECTS WILL BE CORRECTED, (VI) THE SERVICE OR
THE SERVER(S) THAT MAKE THE SERVICE AVAILABLE ARE FREE OF VIRUSES OR OTHER
HARMFUL COMPONENTS. THE SERVICE AND ALL CONTENT IS PROVIDED TO YOU STRICTLY
ON AN "AS IS" BASIS. ALL CONDITIONS, REPRESENTATIONS AND
WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING,
WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, ARE HEREBY
DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW BY THE WEBSITE
AND ITS LICENSORS. |
Limitation of Liability. IN NO EVENT SHALL THE WEBSITE'S AGGREGATE
LIABILITY EXCEED THE AMOUNT ACTUALLY PAID BY YOU IN THE TWELVE (12) MONTH
PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH CLAIM. IN NO EVENT
SHALL THE WEBSITE AND/OR ITS LICENSORS
BE LIABLE TO ANYONE FOR ANY INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY,
INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES OF ANY TYPE OR KIND (INCLUDING
LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) ARISING OUT
OF, OR IN ANY WAY CONNECTED WITH THIS SERVICE, INCLUDING BUT NOT LIMITED TO
YOUR USE OR INABILITY TO USE THE SERVICE, OR FOR ANY CONTENT OBTAINED FROM OR
THROUGH THE SERVICE, EVEN IF THE WEBSITE OR ITS LICENSORS HAVE BEEN PREVIOUSLY
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE WEBSITE'S LICENSORS,
BE LIABLE TO ANYONE FOR ANY DIRECT DAMAGES OF
ANY TYPE OR KIND (INCLUDING LOST PROFITS) OR FOR ANY INDIRECT, SPECIAL,
EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS), ARISING UNDER
THIS AGREEMENT OR FROM PERFORMANCE THEREUNDER BASED IN CONTRACT, NEGLIGENCE,
STRICT LIABILITY OR OTHERWISE, WHETHER OR NOT THEY HAD ANY KNOWLEDGE, ACTUAL
OR CONSTRUCTIVE, THAT SUCH DAMAGES MIGHT BE INCURRED, OR FOR ANY
INTERRUPTION, INACCURACY, ERROR OR OMISSION, REGARDLESS OF CAUSE, IN THE
CONTENT. |
Additional Rights. Certain states and/or jurisdictions do not
allow the exclusion of implied warranties or limitation of liability for
incidental or consequential damages, so the exclusions set forth above may
not apply to you. |
Local Laws and Export
Control. The Infrahealth controls
and operates this Service from its location in the United States of America
and is subject to the United States Export Administration Laws and
Regulations. The Website makes no representation that the Service is
appropriate or available for use in other locations. If you use the Service
from outside the United States of America, you are solely responsible for
compliance with all applicable laws, including without limitation export and
import regulations of other countries. Any diversion of the Content contrary
to United States law is prohibited. None of the Content, nor any information
acquired through the use of the Service, is or will be acquired for, shipped,
transferred, or re-exported, directly or indirectly, to proscribed or
embargoed countries or their nationals, nor is or will be used for nuclear
activities, chemical biological weapons, or missile projects, unless
specifically authorized by the United States Government for such purposes.
You shall comply strictly with all United States export laws and assume sole
responsibility for obtaining licenses to export or re-export as may be
required. |
Submissions. The Website alone will own all right, title and
interest, including all related intellectual property rights, to any
suggestions, ideas, feedback, recommendations, or other information provided
by you relating to the Service ("Submissions") and you agree to
assign such Submissions to the Website free of charge. The Website may use such
Submissions as it deems appropriate in its sole discretion. |
Notice. The Infrahealth may give notice by means of a
general notice on the Service, electronic mail to your e-mail address on
record in the website's account information, or by written communication sent
by first class mail to your address on record in the website's account
information. You may give notice to the Infrahealth (such notice shall be deemed
given when received by the Infrahealth ) at any time by any of the following:
electronic mail to help@infrahealth;
letter sent by confirmed facsimile to the Infrahealth at the following fax number:
(512) 233-1795; letter delivered by nationally recognized overnight delivery
service or first class postage prepaid mail to the Infrahealth at the following
address: The Infrahealth , 6101 W. Courtyard Drive, Building #5, Austin
TX 78730. |
Modification to Terms. The Infrahealth reserves the right to change the
terms and conditions of this Agreement or its policies relating to the
Service at any time and shall notify you by posting an updated version of
this Agreement on the Service. You are responsible for regularly reviewing
this Agreement. Continued use of the Service after any such changes shall
constitute your consent to such changes. |
Beneficiaries. The rights and limitations in this Agreement
are also for the benefit of the Infrahealth 's licensors, each of whom shall have the right to enforce its rights hereunder
directly and on its own behalf. |
General. This Agreement will be governed by Texas
law and controlling United States federal law, without regard to the choice
or conflicts of law provisions of any jurisdiction. You shall bring all
disputes, actions, claims, or causes of action related to this Agreement or
in connection with the Service only in the federal and state courts located
in Austin, Texas. No text or information set forth on any other
purchase order, preprinted form or document shall add to or vary the terms
and conditions of this Agreement. The English language version of this
Agreement shall control. If any provision of this Agreement is held by a
court of competent jurisdiction to be invalid or unenforceable, then such
provision(s) shall be construed, as nearly as possible, to reflect the
intentions of the invalid or unenforceable provision(s), with all other
provisions remaining in full force and effect. No joint venture, partnership,
employment, or agency relationship exists between you and the Infrahealth as a
result of this agreement or use of the Service. The failure of the Infrahealth to
enforce any right or provision in this Agreement shall not constitute a
waiver of such right or provision unless acknowledged and agreed to by
the Infrahealth in writing. This Agreement comprises the entire agreement between
you and the Infrahealth and supersedes all prior or contemporaneous negotiations,
discussions or agreements, whether written or oral, between the parties
regarding the subject matter contained herein. |
© Copyright 2001, All rights
reserved. |
QUESTIONS OR ADDITIONAL
INFORMATION. If you have questions regarding this Agreement or wish to obtain
additional information, please send an e-mail to info@infrahealth. |