2. Disclaimer of Warranties and Limitation of Liability; THIS SITE AND ITS CONTENTS ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT. Some jurisdictions do not allow the exclusion of certain warranties. As a result the above may not apply to you. These warranties are hereby excluded to the fullest extent permissible by law.
Limitation of Liability. UNDER NO CIRCUMSTANCES SHALL CADENCE HEALTH BE LIABLE FOR ANY DIRECT OR INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES THAT MAY ARISE FROM YOUR USE OF, OR INABILITY TO USE, THIS SITE. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages. In such jurisdictions, Cadence Health’s liability is limited to the greatest extent permitted by law, or the amount paid for your order, whichever is less.
BY ACCESSING THE SITE, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY, WHICH PROVIDES AS FOLLOWS:
“A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”
3. Copyright. The content, organization, graphics, design, compilation, digital conversion and other matters related to the Site are protected under applicable copyrights, trademarks and other proprietary (including, but not limited to, intellectual property) rights. The copying, redistribution, use or publication by you of any such matters or any part or aspect of the Site, except in the limited circumstances discussed in Section 4 below, is strictly prohibited. You do not acquire any ownership rights to the content viewed through the Site. The posting of content on the Site does not constitute a waiver of any right in said content, as some of the content on the Site may be the copyrighted work of third parties. We respect the intellectual property rights of others and require that our users do the same. If you believe that any content available on our Site or any other activity taking place on the site constitutes infringement of your work protected by a copyright law, please notify our agent, designated under the Digital Millennium Copyright Act (17 USC § 512) (the “DMCA”) to respond to such concerns, email@example.com. You notice must comply with the DMCA. Upon receipt of a proper notice, we will respond and proceed in accordance with the DMCA.
4. Service Marks. “Cadence Health”, and others are our service marks or registered service marks or trademarks. Other product and company names, graphics, logos, icons, designs, words, titles or phrases displayed on the Site may be the service marks or trademarks of their respective owners, used by us with their permission, and their display on our Site does not imply that a license of any kind has been granted.
5. Limited License and Permitted Uses. By agreeing to the terms of this Agreement, you are being granted a non-exclusive, non-transferable, revocable license to: (i) access and use the Site strictly in accordance with the terms of this Agreement; (ii) use the Site for personal, non-commercial purposes, and (iii) print out information from the Site solely for personal, non-commercial purposes, provided that you comply with and maintain all copyright and other policies contained therein.
7. Prohibition on Scripts, Bots, Third Parties, etc. You shall not access or use the Site by means of any automated program, expert system, electronic agent or “bot,” and shall not give any person or entity access to the Site.
8. Prohibition on Scraping. You are prohibited from “scraping,” copying, republishing, licensing, or selling the data or information on the Site if you do so for commercial purposes.
9. Linking to the Site. You may provide links to the Site, provided that (i) you do not remove or obscure, by framing or otherwise, advertisements, the copyright notice, this Agreement or any other notices on the Site, (ii) your site does not engage in any illegal, vulgar or pornographic activities, and (iii) you discontinue providing links to our Site immediately upon request by us.
10. Registration. Certain sections of and offerings from the Site may require you to register. If registration is requested, you agree to provide us with accurate, complete registration information. Each registration is for your personal use only. You are solely responsible for preventing the unauthorized use of your personal registration, including any username or password provided to you by us, by (a) any other person using the registration under your name, or (b) access being provided to multiple users on a network under one registration. All information to which you have access through any password-protected section of the Site shall be treated a strictly confidential by you.
11. Errors, Corrections and Changes. WE MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING THE FOLLOWING: (I) THAT THE SITE WILL BE ERROR-FREE, FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, (II) THAT SITE DEFECTS WILL BE CORRECTED, OR (III) THAT THE INFORMATION AVAILABLE ON OR THROUGH THE SITE WILL BE CORRECT, ACCURATE, TIMELY OR OTHERWISE RELIABLE. We may make changes to the features, functionality or content of the Site at any time. We reserve the right, in our sole and absolute discretion, to edit or delete any documents, information or other content appearing on the Site, for any reason whatsoever.
13. Unlawful Activity. We reserve the right to investigate complaints or reported violations of this Agreement and to take any action we deem appropriate, including, without limitation, reporting any suspected unlawful activity to law enforcement officials, regulators or other third-parties persons agencies or entities and disclosing any information necessary or appropriate to such persons, agencies or entities relating to your profile, e-mail address, usage history, posted materials, IP address and Site traffic information. YOU HEREBY CONSENT AND AGREE THAT WE MAY MAKE THESE DISCLOSURES.
14. Indemnification. By agreeing to the terms of this Agreement, you hereby agree to indemnify, defend and hold us and our partners, agents, officers, directors, employees, subcontractors, successors, assigns, third-party suppliers, advertisers, product and service providers and affiliates (collectively, the “Affiliated Parties”) harmless from any liability, loss, claim, injury and expense related to your violation of this Agreement or your use of the Site.
15. Limitation of Liability. We and any Affiliated Party shall not be liable for any loss, injury, claim, liability or damage of any kind resulting in any way from (a) any errors in or omissions from the Site or any services or products obtainable therefrom, (b) the unavailability or interruption of the Site or any features thereof, (c) you use of the Site, (d) the content contained on the Site, or (e) any delay or failure in performance beyond the reasonable control of the Site. IN NO EVENT SHALL OUR AND ANY OF OUR AFFILIATED PARTIES’ AGGREGATE LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER BASED IN CONTRACT, TORT, INCLUDING BUT NOT LIMITED TO NEGLIGENCE OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE SITE.
17. Links to Other Web Sites. Our Site may contain links to other Web sites. We are not responsible for the content, accuracy, reliability or opinions expressed in such Web sites, and such Web sites are not investigated, monitored or checked for accuracy, reliability or completeness by us. The inclusion of any linked Web site on our Site does not imply our approval or endorsement thereof. If you decide to leave our Site and access any such third-party Web site, you do so at your own risk. WE ASSUME NO RESPONSIBILITY FOR ANY LOSS, DAMAGE OR INJURY RESULTING FROM YOUR ACCESSING SUCH THIRD-PARTY WEB SITES.
18. Legal Compliance. You agree to comply with all applicable domestic and international laws, statutes, ordinances and regulations pertaining to your use of the site and the Content and materials provided therein. You hereby represent and warrant that (a) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (b) you are not listed on any U.S. Government list of prohibited or restricted parties.
19. Miscellaneous. This Agreement shall be governed by and construed in accordance with the laws of the State of California, without regard to conflict of laws principles. Any cause of action by you with respect to the Site (and/or any information, documents, products or services related thereto) must be instituted within one (1) year after the cause of action arose or be forever waived and barred. All actions shall be subject to the limitations set forth in Sections 14 and 15. The language in this Agreement shall be interpreted as to its fair meaning and not strictly for or against any party. Any rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in interpreting this Agreement. This Agreement, along with any agreements incorporated herein, are your personal information may be automatically assigned by us in our sole discretion to a third-party in the event of an acquisition, sale or merger. If any provision of this Agreement is held illegal, invalid or unenforceable for any reason, that provisions shall be enforced to the maximum extent permissible, and the other provisions of this Agreement shall remain in full force and effect. If any provision of this Agreement is held illegal, invalid or unenforceable, it shall be replaced, to the extent possible, with a legal, valid, and enforceable provision similar in tenor to the illegal, invalid or unenforceable provision. To the extent that anything in or associated with the Site is in conflict or inconsistent with this Agreement, this Agreement shall be controlling. Our failure to enforce any provision of this Agreement shall not be deemed a waiver thereof, nor shall any such failure to enforce be deemed a waiver by us of the right to enforce such provision. Our rights under this Agreement shall survive the termination of this Agreement. The title, headings and captions of this Agreement are provided for convenience only and shall have no effect on the construction of the terms of this Agreement.
21. Not Authorized to Do Business In Every Jurisdiction. Cadence Health is not authorized to do business in every jurisdiction. Information published on this Site may contain references or cross-references to goods or services that are not available in your state or country.
For further information, or inquiries about this Agreement, please contact:
Cadence Health, Legal Department, 1440 Broadway, Suite 750, Oakland, CA 94612; firstname.lastname@example.org
NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
NOTE: THE FOLLOWING INFORMATION IS PROVIDED EXCLUSIVELY FOR NOTIFYING THE SERVICE PROVIDERS REFERENCED BELOW THAT YOUR COPYRIGHTED MATERIAL MAY HAVE BEEN INFRINGED. ALL OTHER INQUIRIES WILL NOT RECEIVE A RESPONSE THROUGH THIS PROCESS.
Pursuant to Title 17, U.S. Code, Section 512(c)(2), written notification must be submitted to the following Designated Agent:
Cadence Health, Legal Department, 1440 Broadway, Suite 750, Oakland, CA 94612; email@example.com
To be effective, the Notification must include the following:
1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
2. Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;
4. Information reasonably sufficient to permit the service provider to contact the Complaining Party, such as an address, telephone number, and if available, an electronic mail address at which the complaining party may be contacted;
5. A statement that the Complaining Party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
6. A statement that the information in the notification is accurate, and under penalty of perjury, that the Complaining Party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.