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  The use of this site is governed by the policies, terms and conditions set forth below. Please read them carefully. Your use of this site indicates your acceptance of these terms and conditions. Your placement of an order indicates your acceptance of these terms and conditions. TextbookHealth.com reserves the right to make changes to this site and these terms and conditions at any time. Section 1. Use of Content.Section 2. Company's Liability; Disclaimer of Consequential Damages. Section 3. Subscriber Submissions. Section 4. Order Acceptance. Section 5. Termination of Usage. Section 6. Use of Interactive Areas. Section 7. Home Page. Section 8. Links to Other Sites. Section 9. Advertisements. Section 10. Licenses. Section 11. Indemnity. Section 12. Export Control. Section 13. General. Section 14. Jurisdiction. Section 15. Complete Agreement. Upon acceptance of these Terms and Conditions, Total Health Rewards authorizes you to view or download a single copy of the material on this website solely for your personal, noncommercial use. The contents of the TextbookHealth.com Site, such as text, graphics, images and other material including software licensed by TextbookHealth.com to permit Subscribers to access the TextbookHealth.com's Site ("Content") are protected by copyright under both United States and foreign laws, and title to the Content shall not pass to you or any other User. Unauthorized use of the Content may violate copyright, trademark, and other laws. None of the Content may be reverse-engineered, disassembled, decompiled, reproduced, transcribed, stored in a retrieval system, translated into any language or computer language, re-transmitted in any form or by any means (electronic, mechanical, photoreproduction, recordation or otherwise), resold or redistributed without the prior written consent of TextbookHealth.com. For information obtained from TextbookHealth.com's licensors, you are solely responsible for compliance with any copyright, trademark and other proprietary rights and restrictions and are referred to the publication data appearing in bibliographic citations, as well as to the copyright notices appearing in the original publications. You may not sell or modify the Content or reproduce, display, publicly perform, distribute, or otherwise use the Content in any way for any public or commercial purpose. The use of the Content on any other website or in a networked computer environment for any purpose is prohibited. Content is subject to change without notice at the editorial discretion of TextbookHealth.com. If you violate any of these Terms and Conditions, your permission to use the Content automatically terminates and you must immediately destroy any copies you have made of any portion of the Content. Section 2. Company's Liability; Disclaimer of Consequential Damages. The Content comes from sources believed to be accurate, but may contain inaccuracies or typographical errors. TextbookHealth.com makes no representations about the results to be obtained from using the TextbookHealth.com’s Site or the Content. The use of the TextbookHealth.com’s Site and the Content is at your own risk. YOU ACKNOWLEDGE THAT IN CONNECTION WITH THE TextbookHealth.com SITE, INFORMATION WILL BE TRANSMITTED OVER LOCAL EXCHANGE, INTEREXCHANGE AND INTERNET BACKBONE CARRIER LINES AND THROUGH ROUTERS, SWITCHES AND OTHER DEVICES OWNED, MAINTAINED AND SERVICED BY THIRD PARTY LOCAL EXCHANGE AND LONG DISTANCE CARRIERS, UTILITIES, INTERNET SERVICE PROVIDERS AND OTHERS, ALL OF WHICH ARE BEYOND THE CONTROL AND JURISDICTION OF TextbookHealth.com AND ITS SUPPLIERS. ACCORDINGLY, TextbookHealth.com ASSUMES NO LIABILITY FOR OR RELATING TO THE DELAY, FAILURE, INTERRUPTION OR CORRUPTION OF ANY DATA OR OTHER INFORMATION TRANSMITTED IN CONNECTION WITH USE OF THE TextbookHealth.com SITE. IF YOUR USE OF THE TextbookHealth.com SITE OR THE CONTENT RESULTS IN THE NEED FOR SERVICING OR REPLACING DATA OR EQUIPMENT, TextbookHealth.com IS NOT RESPONSIBLE FOR THOSE COSTS. THE TextbookHealth.com SITE AND THE CONTENT ARE PROVIDED ON AN "AS IS" BASIS WITHOUT ANY WARRANTIES OF ANY KIND. TextbookHealth.com, ITS LICENSORS, AND ITS SUPPLIERS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES' RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE. TextbookHealth.com, ITS LICENSORS, AND ITS SUPPLIERS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, CURRENTNESS OR TIMELINESS OF THE CONTENT, SERVICES, TEXT, GRAPHICS, LINKS, OR COMMUNICATIONS PROVIDED ON OR THROUGH USE OF THE TextbookHealth.com’s SITE, ITS LICENSORS, AND ITS SUPPLIERS DO NOT MAKE ANY WARRANTY THAT THE CONTENT CONTAINED ON THE TextbookHealth.com’s WEBSITE SATISFIES GOVERNMENT REGULATIONS REQUIRING DISCLOSURE OF INFORMATION ON PRESCRIPTION DRUG PRODUCTS. IN NO EVENT SHALL TextbookHealth.com, ITS LICENSORS, ITS SUPPLIERS OR ANY THIRD PARTIES MENTIONED AT THE TextbookHealth.com’s WEBSITE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE TextbookHealth.com AND THE CONTENT WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT TextbookHealth.com IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Section 3. Subscriber Submissions. Except as described herein, any communication, which you post on the TextbookHealth.com’s Site, is considered to be non-confidential. You agree that you will not upload or transmit any communications that infringe any patent, trademark, trade secret, copyright or other proprietary rights of any party. By submitting communications to any part of this Site, you automatically grant-or warrant that the owner of such Content has expressly granted TextbookHealth.com a royalty-free, perpetual, irrevocable, world-wide nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, and display the communication alone or as part of other works in any form, media, or technology whether now known or hereafter developed, and to sublicense such rights through multiple tiers of sublicenses. Section 4. Order Acceptance. The receipt of an email order confirmation does not constitute the acceptance of an order or a confirmation of an offer to sell. TextbookHealth.com reserves the right, without prior notification, to limit the order quantity on any item and/or refuse service to any customer. Verification of information may be required prior to the acceptance of any order. Section 5. Termination of Usage. TextbookHealth.com. may terminate User access, or suspend any User's access to all or part of its sites and services, without notice, for any conduct that TextbookHealth.com, in its sole discretion, believes is in violation of any applicable law or is harmful to the interests of another User, a third-party Provider, a Merchant, a Sponsor, a Licenser, a service provider, or TextbookHealth.com. Section 6. Use of Interactive Areas. TextbookHealth.com may provide Interactive Areas on the TextbookHealth.com’s Site. If you use an Interactive Area, you are solely responsible for your own communications and the consequences of posting those communications. TextbookHealth.com does not assume any responsibility for the consequences of any Interactive Area communications on or arising from use of the TextbookHealth.com’s Site. In cases where you feel threatened or believe someone else is in danger, you should contact your local law enforcement agency immediately. In consideration of being allowed to use the Interactive Areas, you agree that the following actions shall constitute a material breach of these Terms and Conditions:
TextbookHealth.com reserves the right to record the dialogue in public chat rooms. TextbookHealth.com does not screen communications in advance and is not responsible for screening or monitoring material posted by Subscribers or any other person or entity. If notified by a Subscriber of communication(s) which are alleged not to conform to the terms of this Section, TextbookHealth.com may investigate the allegation and determine in its sole discretion to remove or request the removal of the communication(s). TextbookHealth.com reserves the right to remove communications, which are abusive, illegal, disruptive, or that otherwise fail to conform to these Terms and Conditions. In addition to the removal rights described above, TextbookHealth.com reserves the right to terminate a Subscriber's access to any or all-Interactive Areas upon Subscriber's breach of these Terms and Conditions. TextbookHealth.com reserves the right (but is not obligated) to edit or delete any communication(s) posted on the TextbookHealth.com’s Site, or regardless of whether such communication(s) violate these standards for content. Furthermore, TextbookHealth.com reserves the right (but is not obligated) to monitor, edit, or disclose any type of communication(s) on the Interactive Areas for adherence to the Terms and Conditions, if required in the course of normal operation and maintenance of TextbookHealth.com, or if required to do so by law or in the good-faith belief that such action is necessary to: (i) comply with the law or comply with legal process served; (ii) protect and defend the rights of TextbookHealth.com or others; or (iii) act in an emergency to protect the personal safety of our guests or the public. TextbookHealth.com HAS NO LIABILITYOR RESPONSIBILITY TO SUBSCRIBERS OR ANY OTHER PERSON OR ENTITY FOR PERFORMANCE OR NONPERFORMANCE OF THE AFOREMENTIONED SCREENING ACTIVITIES. TextbookHealth.com does not represent or guarantee the truthfulness, accuracy, or reliability of any of the material posted by Interactive Area users or endorses any opinions expressed by such users. YOU ACKNOWLEDGE THAT ANY RELIANCE ON CONTENT POSTED IN AN INTERACTIVE AREA IS AT YOUR OWN RISK. Through your use of the TextbookHealth.com Site's Interactive Areas, you are agreeing to all of the aforementioned terms and conditions contained herein governing the use of such Interactive Areas. Section 7. Home Page. Certain Service Packages may include TextbookHealth.com's providing a customized template-designed home page ("Home Page"). If your Service Package includes a Home Page: i) during the term of the Service Agreement, TextbookHealth.com shall provide you the Internet address, at which your Home Page may be accessed by Internet users; and ii) the presentation and arrangement of the textual, graphic, video and audio materials provided by you to TextbookHealth.com in order to create your Home Page and all associated elements, including but not limited to, video and audio materials, coding and commandsets, and on-line screen displays (such as screen designs, format, text, hyperlinks, layouts, typesets, coloration and graphics), provided by TextbookHealth.com or developed by you and TextbookHealth.com (the "End-User Interface") and the URL are the exclusive property of TextbookHealth.com which are available for your use only as provided in your Service Agreement and these Terms and Conditions. You warrant and guarantee that the materials and content provided by you to TextbookHealth.com to create the End-User Interface do not violate the proprietary rights of any third party, and you agree to indemnify TextbookHealth.com for any such violations or infringements. Section 8. Links to Other Sites. TextbookHealth.com contains links to third party websites. These links are provided solely as a convenience to you and not as an endorsement by TextbookHealth.com of the content on such third-party websites. TextbookHealth.com is not responsible for the content of linked third-party sites and does not make any representations regarding the content or accuracy of materials on such third-party websites. If you decide to access linked third-party websites, you do so at your own risk. Your use of third-party websites is subject to the terms and conditions of use for such sites. Section 9. Advertisements. TextbookHealth.com contains advertisements by third parties, and these advertisements may contain links to other websites. Unless otherwise specifically stated, TextbookHealth.com does not endorse any product or make any representation regarding the content or accuracy of any materials contained in, or linked to, any advertisement on TextbookHealth.com. Section 10. Licenses. You shall have no rights other than as a non-exclusive licensee under the terms of your Service Agreement to the proprietary software and related materials or documentation, or any enhancement or modifications thereto, that have been or will be provided to you in order for you to access or use any of the Services, including, but not limited to, email; financial and/or insurance information; your Home Page; medical research and resource information; and continuing medical education resources (collectively, "Software"). Your rights to the Content and Software are derived solely from TextbookHealth.com, as owner or authorized user of the Content and Software. All Software that is made available through TextbookHealth.com or the TextbookHealth.com’s Site is protected by copyright and may be protected by other rights. Your use of the Software is conditioned on your agreement to be bound by these Terms and Conditions. Section 11. Indemnity. You agree to defend, indemnify and hold TextbookHealth.com, its officers, directors, employees and agents, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your use of the Content (including Software) and the Services in a manner that violates or is alleged to violate these Terms and Conditions. TextbookHealth.com shall provide notice to you promptly of any such claim, suit, or proceeding and shall reasonably cooperate with you, at your expense, in your defense of any such claim, suit or proceeding. Section 12. Export Control. The United States controls the export of products and information. You agree to comply with such restrictions and not to export or re-export the Contents (including Software) to countries or persons prohibited under the export control laws. By downloading the Contents (including Software), you are agreeing that you are not in a country where such export is prohibited or are a person or entity to which such export is prohibited. You are responsible for compliance with the laws of your local jurisdiction regarding the import, export, or re-export of the Contents (including Software). Section 13. General. TextbookHealth.com is based in Parsippany, New Jersey, in the United States of America and is a division of Total Health Rewards, LLC. TextbookHealth.com makes no claims the Content is appropriate or may be downloaded outside of the United States. Access to the Content may not be legal by certain persons or in certain countries. If you access the TextbookHealth.com’s Site from outside the United States, you do so at your own risk and are solely responsible for compliance with the laws of your jurisdiction. Section 14. Jurisdiction. You expressly agree that exclusive jurisdiction for any dispute with TextbookHealth.com, or in any way relating to use of the TextbookHealth.com’s Site, resides in the courts of the State of New Jersey and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the State of New Jersey in connection with any such dispute including any claim involving TextbookHealth.com or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers and content providers. These Terms and Conditions are governed by the internal substantive laws of the State of New Jersey, without respect to its conflict of law principles. If any provision of these Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect. No waiver of any of these Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or any other term or condition. Section 15. Complete Agreement. EXCEPT AS EXPRESSLY PROVIDED IN A PARTICULAR "LEGAL NOTICE" ON THE TextbookHealth.com WEBSITE, OR IN THE SERVICE AGREEMENT, THESE TERMS AND CONDITIONS CONSTITUTE THE ENTIRE AGREEMENT BETWEEN YOU AND THE COMPANY WITH RESPECT TO THE USE OF THE TextbookHealth.com SITE, SERVICES, AND CONTENT. Thank you for your cooperation. We hope you find the TextbookHealth.com Site helpful and convenient to use. Questions or comments regarding this Site should be directed by electronic mail to info@textbookhealth.com. |
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