1. COPYRIGHT, LICENSES AND IDEA SUBMISSIONS
The entire contents of the Site are protected by US and international copyright and trademark laws, which are expressly reserved by MyHealios, the owner of the copyrights and trademarks or its affiliates or third party licensors.
You may not modify, copy, reproduce, republish, upload, post, transmit, or distribute, in any manner, the material on the site, including text, graphics, code and/or software.
You are permitted to print and download one copy of portions of material from the different areas of the Site solely for your own non-commercial use, provided that you agree not to alter or delete any copyright or proprietary notices from the materials. You agree to grant to MyHealios a non-exclusive, royalty-free, worldwide, perpetual license, with the right to sublicense, to reproduce, distribute, transmit, create derivative works of, publicly display and publicly perform any materials and other information (including, without limitation, ideas contained therein for new or improved products and services) you submit to any public areas of the Site (such as bulletin boards, forums and newsgroups) or by e-mail to MyHealios by all means and in any media now known or hereafter developed. You agree that you shall have no recourse against MyHealios for any alleged or actual infringement or misappropriation of any proprietary right in your communications to MyHealios.
Publications, products, content or services referenced herein or on the Site are the exclusive trademarks or service marks of MyHealios. Other product and company names mentioned in the Site may be the trademarks of their respective owners.
3. USE OF THE SITE
Your use of this website and the features, information and any other offerings is solely at your own risk. You understand and agree that, except for information, products or services clearly identified as being supplied through the MyHealios website (www.myhealios.com), MyHealios does not operate, control or endorse any information, products or services on the Internet in any way. Except for MyHealios – identified information, products or services, all information, products and services offered through the Site or on the Internet generally are offered by third parties that are not affiliated with MyHealios. You also understand that MyHealios cannot and does not guarantee or warrant that files that may be made available for downloading through the Site will be free of infection or viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your own particular requirements for accuracy of data input and output, and for maintaining a means external to the Site for the reconstruction of any lost data.
You assume total responsibility and risk for your use of the site and the Internet. MyHealios provides the site and related information “as is” and does not make any express or implied warranties, representations or endorsements whatsoever (including without limitation warranties of title or non-infringement, or the implied warranties of merchantability or fitness for a particular purpose) with regard to the services, any merchandise information or on the Internet generally, and MyHealios shall not be liable for any cost or damage arising either directly or indirectly from any such use or transaction. It is solely your responsibility to evaluate the accuracy, completeness and usefulness of all opinions, commentary, services, merchandise and other information provided through the website or on the Internet generally. MyHealios does not warrant that the service will be uninterrupted or error-free or that defects in the service will be corrected.
4. LIMITATION OF LIABILITY
IN NO EVENT WILL MYHEALIOS BE LIABLE FOR (I) ANY INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OF OR INABILITY TO USE THE WEBSITE, OR ANY INFORMATION, OR TRANSACTIONS PROVIDED ON THE WEBSITE, OR DOWNLOADED FROM THE WEBSITE. EVEN IF MYHEALIOS OR ITS AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE WEBSITE AND/OR MATERIALS OR INFORMATION DOWNLOADED THROUGH THE WEBSITE. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, MYHEALIOS’ LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
MYHEALIOS MAKES NO REPRESENTATIONS WHATSOEVER ABOUT ANY OTHER WEBSITE WHICH YOU MAY ACCESS THROUGH THIS ONE OR WHICH MAY LINK TO THIS SITE. WHEN YOU ACCESS A NON-MYHEALIOS WEBSITE, PLEASE UNDERSTAND THAT IT NOT OTHERWISE ASSOCIATED WITH MYHEALIOS, AND THAT WE HAVE NO CONTROL OVER THE CONTENT ON SUCH OUTSIDE WEBSITE. IN ADDITION, A LINK TO A MYHEALIOS WEBSITE DOES NOT MEAN THAT WE ENDORSE OR ACCEPT ANY RESPONSIBILITY FOR THE CONTENT OR THE USE OF SUCH WEBSITE.
You agree to indemnify, defend and hold harmless MyHealios, its officers, directors, employees, agents, licensors, suppliers and any third party information providers to the website from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of this Agreement (including negligent or wrongful conduct) by you or any other person accessing the website. We do not disclose information about identifiable individuals, but we may provide third parties with aggregate information about our users (both website users and users of the MyHealios Telephone Service) to analyze for various purposes, including improving service content and delivery, or outcomes analysis. Where we provide aggregated information, information about identifiable individuals will not be identifiable within the aggregated data.
6. THIRD PARTY RIGHTS
The provisions of paragraphs 2 (Use of the site), and 3 (Indemnification) are for the benefit of MyHealios and its officers, directors, employees, agents, licensors, suppliers, and any third party information providers to the Service. Each of these individuals or entities shall have the right to assert and enforce those provisions directly on its own behalf.
This Agreement shall all be governed and construed in accordance with the laws of the United States applicable to agreements made and to be performed in the US. You agree that any legal action or proceeding between MyHealios and you for any purpose concerning this Agreement or the parties’ obligations hereunder shall be brought exclusively in a federal or state court of competent jurisdiction sitting in the US. Any cause of action or claim you may have with respect to the website must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred. MyHealios’ failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Agreement. MyHealios may assign its rights and duties under this Agreement to any party at any time without notice to you.
Any rights not expressly granted herein are reserved by MyHealios.