This Web site is provided by Dr. Cares
as an Internet-based online information and communication service.
BY ACCESSING OR USING hlcares.com, YOU AGREE TO BE BOUND BY THE TERMS AND
CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT WISH TO BE BOUND BY THIS AGREEMENT,
YOU MAY NOT ACCESS OR USE hlcares.com.
hlcares.com RESERVES THE RIGHT TO MODIFY THIS AGREEMENT AT ANY TIME, AND SUCH
MODIFICATION SHALL BE EFFECTIVE IMMEDIATELY UPON EITHER POSTING OF THE
MODIFIED AGREEMENT OR NOTIFYING YOU. YOU AGREE TO REVIEW THIS AGREEMENT
PERIODICALLY TO ENSURE THAT YOU ARE AWARE OF ANY MODIFICATIONS. YOUR CONTINUED
ACCESS OR USE OF hlcares.com SHALL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE OF
THE MODIFIED AGREEMENT.
The information contained in hlcares.com is presented for the purpose of
educating patients on overall health and disease management.
Nothing contained in hlcares.com is intended to be
instructional for medical diagnosis or treatment.
The information presented by hlcares.com should not be considered complete,
or take the place of a consultation with a physician or competent healthcare
professional for medical diagnosis and/or treatment; or serve as an endorsement
for any medical practice, physician, pharmaceutical product, medical device
It should not be used in place of a visit, call, consultation with or
the advice of your physician or other qualified health care provider.
Information obtained in hlcares.com is not exhaustive and does not cover
all diseases, ailments, physical conditions or their treatment.
See your physician or other qualified health care provider promptly with
any health care related questions. Always consult with your physician
or other qualified health care provider before embarking on any new treatment,
diet or fitness program. You should never disregard medical advice or
delay in seeking it because of something you have read in hlcares.com.
The information contained in hlcares.com is compiled from a variety of Information
Providers. Neither hlcares.com nor Information Providers directly or indirectly
practice medicine or dispense medical services as part of hlcares.com.
ALL SERVICES AND INFORMATION ARE PROVIDED "AS IS" AND hlcares.com
DISCLAIMS ANY WARRANTY OF ANY KIND, INCLUDING BUT NOT LIMITED TO WARRANTIES
OF MERCHANTABILITY AND FITNESS FOR PARTICULAR PURPOSE OR USE.
hlcares.com AND INFORMATION PROVIDERS DO NOT MAKE, AND HEREBY
DISCLAIM, ANY WARRANTY AS TO THE RELIABILITY, ACCURACY, TIMELINESS,
USEFULNESS, ADEQUACY, COMPLETENESS OR SUITABILITY OF THE SERVICES. hlcares.com
AND INFORMATION PROVIDERS CANNOT AND DO NOT WARRANT AGAINST HUMAN AND
MACHINE ERRORS, OMISSIONS, DELAYS, INTERRUPTIONS OR LOSSES, INCLUDING LOSS
OF DATA. hlcares.com AND INFORMATION PROVIDERS CANNOT AND DO NOT GUARANTEE OR
WARRANT THAT FILES AVAILABLE FOR DOWNLOADING FROM THE hlcares.com SITE WILL
BE FREE OF INFECTION BY VIRUSES, WORMS, TROJAN HORSES OR OTHER CODE THAT
MANIFEST CONTAMINATING OR DESTRUCTIVE PROPERTIES.
hlcares.com AND INFORMATION PROVIDERS DO NOT WARRANT OR GUARANTEE
THAT THE FUNCTIONS OR SERVICES PERFORMED IN hlcares.com WILL BE UNINTERRUPTED
OR ERROR-FREE OR THAT DEFECTS IN hlcares.com WILL BE CORRECTED. USERS OF
hlcares.com ARE RESPONSIBLE FOR (1) IMPLEMENTING AND MAINTAINING ADEQUATE
PROCEDURES AND CHECKPOINTS TO SATISFY THEIR PARTICULAR REQUIREMENTS FOR
ACCURACY OF DATA INPUT AND OUTPUT AND (2) MAINTAINING A MEANS EXTERNAL
TO hlcares.com FOR THE RECONSTRUCTION OF ANY LOST DATA. WITHOUT LIMITING
ANY OF THE FOREGOING, hlcares.com AND INFORMATION PROVIDERS SPECIFICALLY DISCLAIM
ANY REPRESENTATION OR WARRANTY REGARDING ANY BENEFIT, ECONOMIC, HEALTH-RELATED
OR OTHERWISE, THAT MIGHT BE OBTAINED THROUGH hlcares.com.
2. OTHER SITES AND SOURCES
You are encouraged to use discretion while browsing the Internet on searches
initiated at hlcares.com. hlcares.com links may lead unintentionally to sites
containing information that some people may find inappropriate or offensive.
WE DO NOT WARRANT THE ACCURACY, APPROPRIATENESS, QUALITY OR STABILITY
OF THIRD-PARTY INFORMATION THAT WE LINK TO.
hlcares.com DOES NOT WARRANT THE ACCURACY, APPROPRIATENESS, OR QUALITY OF ANY
INFORMATION FROM THIRD PARTIES PRESENTED ON hlcares.com.
3. REVIEW OF POSTINGS & UPLOADS
hlcares.com does not and cannot review all communications and materials posted
or uploaded to hlcares.com and is not responsible for the content of these
communications and materials. However, hlcares.com reserves the right to block
or remove communications or materials that it determines, in its sole
discretion, to be (a) abusive, libelous, defamatory or obscene, (b) fraudulent,
deceptive, or misleading, (c) in violation of a copyright or trademark,
other intellectual property right of another or (d) offensive or otherwise
unacceptable to hlcares.com. ANY MESSAGES, ADVICE, OPINIONS OR OTHER INFORMATION
CONTAINED IN ANY DISCUSSION AREA SHOULD NOT BE CONSTRUED AS PROFESSIONAL
ADVICE OR INSTRUCTION.
4. LIMITED LICENSE
By this Agreement, hlcares.com grants, subject to the terms of this Agreement,
only a limited, non-transferable and non-exclusive license to use the
software and documentation necessary to access, explore and otherwise
use hlcares.com in real time and to use the materials in hlcares.com in a manner
consistent with paragraph 11 (Copyright) below.
5. USER'S AGREEMENT
You agree to: (a) maintain all equipment required for your access to and
use of hlcares.com ; (b) maintain the security of your user identification,
password and other confidential information relating to your hlcares.com
account; and (c) be responsible for all charges resulting from use of
your hlcares.com account, including unauthorized use prior to your notifying
hlcares.com of such use and taking steps to prevent its further occurrence by
changing your password.
6. COMMUNICATIONS ONLINE
6.01 Your participation in online communications occurs in real time and
is not edited, censored, or otherwise controlled by hlcares.com. hlcares.com cannot
and does not screen content provided by you to hlcares.com . Notwithstanding
the foregoing, hlcares.com reserves the right to monitor content on hlcares.com
and to remove content that hlcares.com, in its sole discretion, determines
to be harmful, offensive, or otherwise in violation of this Agreement
or hlcares.com operating policies for users of hlcares.com ("Users").
6.02 You may send and receive electronic mail ("email"), engage
in conferences and chats, download and upload files and otherwise use
hlcares.com as permitted by this Agreement, hlcares.com operating policies and
applicable law. Files that you upload, public messages that you send and
your activity in conferences and chats are subject to review, modification
and deletion without notice by the forum manager responsible for the hlcares.com
area where your uploading or other activity takes place (or by an individual
designated by such forum manager for such purpose). hlcares.com operating policies
relating to online conduct, storage and deletion of email and uploaded
files, conferences, forums (a.k.a. "BBSs") and other matters
are available and/or will be made available online. hlcares.com reserves the
right in its sole discretion to change such policies at any time. Files
uploaded to a forum may be subject to posted limitations on usage, reproduction
and/or dissemination, and you are responsible for adhering to such limitations
if you download them.
6.03 You are responsible for your communications and your use of hlcares.com.
You may not, under any circumstances, do any of the following: (a) use
simultaneous, unattended or continuous connections to hlcares.com with one
account; (b) post or transmit any message which is libelous or defamatory;
(c) post or transmit any message, data, image or program which is indecent,
obscene or pornographic; (d) post or transmit any message, data, image
or program that would violate the property rights of others, including
unauthorized copyrighted text, images or programs, trade secrets or other
confidential or proprietary information, and trademarks or service marks
used in an infringing fashion; (e) use hlcares.com to threaten, harass, stalk,
abuse, or otherwise violate the legal rights (including rights of privacy
and publicity) of others; (f) intercept or attempt to intercept email
or other private communications not intended for you; (g) send email to
Users or other Internet users for any purpose other than personal communication,
including to advertise or offer unsolicited to sell goods or services
to other Users, use as a mass unsolicited distribution medium to communicate
a generally unsolicited message, or use your email account as an address
to which Users or other Internet users need to respond (except as otherwise
expressly permitted by hlcares.com); (h) send unsolicited email messages through
third-party mail servers in order to relay your email or hide the origination
of your email to others; (i) upload or download files that contain software
or other material protected by intellectual property laws, rights of privacy
or publicity, or any other applicable law unless you own or control the
rights to such files or have received all necessary consents; (j) upload
files that contain a virus or corrupted data; (k) delete any author attributions,
legal notices or proprietary designations or labels in a file that you
upload to a forum or hlcares.com; (l) falsify the source or origin of software
or other material contained in a file that you upload to a forum or hlcares.com;
(m) use hlcares.com in a manner that adversely affects the availability of
its resources to other Users; (n) use, download or otherwise copy, or
provide (whether or not for a fee) to a person or entity that is not a
subscriber to hlcares.com, the User directory or any portion thereof other
than for personal, noncommercial purposes (except as otherwise expressly
permitted by hlcares.com); (o) falsely purport to be an employee or agent of
hlcares.com (p) cause repeated disruptive incidents; or (q) act, or fail to act,
in your use of hlcares.com, in a manner that is contrary to applicable law
or regulation. In addition, you may not post or transmit any message that
is harmful, threatening, abusive or hateful. It is not the intent of hlcares.com
to discourage Users from taking controversial positions or expressing
vigorously what may be unpopular views in hlcares.com, nonetheless, hlcares.com
reserves the right to take such action as it deems appropriate in cases
where hlcares.com is used to disseminate statements that are deeply or widely
offensive and/or harmful. Each time you upload a file on hlcares.com, you
represent and warrant that you own or otherwise control the rights or
have the necessary consents to do so, and you grant every other User the
right to download and use such file. Your failure to observe any of the
foregoing limitations or obligations may result in civil or criminal liability.
hlcares.com considers its users' privacy to be of the utmost
hlcares.com reserves complete and sole discretion with respect to the operation
of Medical Messaging. hlcares.com may, among other things: (a) delete email if
it has not been accessed by a User within the time established by hlcares.com
policies; (b) subject to Section 6, make available to third parties information
relating to hlcares.com and Users; and (c) withdraw, suspend or discontinue
any functionality or feature of hlcares.com.
hlcares.com may, in its complete and sole discretion, review uploaded files,
conferences, forums, and chats and authorize restrictions on access thereto.
hlcares.com will not review the contents of email except as required or allowed
by applicable law or legal process.
hlcares.com at its discretion may preserve any and all email (including any and
all files attached to or otherwise associated with that email), Medical
Messaging, patient forms, or any other patient-submitted information.
Notwithstanding the foregoing, you will not rely on hlcares.com to preserve any
of your medical information and you agree to release hlcares.com from any liability
that may arise from not preserving your medical information.
9. USER REPRESENTATIONS
You represent and warrant that you are at least 18 years of age and that
you possess the legal right and ability to enter into this Agreement and
to use hlcares.com in accordance with this Agreement. You agree to be financially
responsible for your use of hlcares.com (as well as for use of your account
by others, including minors living with you) and to comply with your responsibilities
and obligations as stated in this Agreement.
You acknowledge that statements made in Web sites, newsgroups, message
boards, email, forums, conferences and chats reflect only the views of
their authors, and that forum managers, forum hosts, or Partners appearing
on hlcares.com are not authorized hlcares.com spokespersons, and their views do
not necessarily reflect those of hlcares.com.
The entire contents of hlcares.com are copyrighted as a collective work under
the laws of United States and other copyright laws. hlcares.com holds the copyright
in the collective work. The collective work includes works that are the
property of the Information Providers, which are also protected by copyright
and other intellectual property laws. You may display and, subject to
any expressly stated restrictions or limitations relating to specific
material, download portions of the material from the different areas of
hlcares.com solely for your own non-commercial use, unless otherwise permitted
(e.g., in the case of electronic coupons, etc). Any redistribution retransmission
or publication of any copyrighted material is strictly prohibited without
the express written consent of the copyright owner. You agree not to change
or delete any proprietary notices from materials downloaded from hlcares.com.
12. LICENSES AND IDEA
You agree to grant to hlcares.com a non-exclusive, worldwide, royalty-free, 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 or services) you submit
to public areas of hlcares.com (such as BBSs, forums and chat rooms) by all
means and in any media now known or hereafter developed. You hereby waive
your moral rights in any such materials and information, and you hereby
warrant that any such materials and information are original with you,
or that you have the right to submit such materials and information. You
agree that you shall have no recourse against hlcares.com for any alleged or
actual infringement or misappropriation of any proprietary right in your
communication to us.
YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS hlcares.com, INC., ITS OFFICERS,
DIRECTORS, EMPLOYEES, AGENTS, INFORMATION PROVIDERS, LICENSORS AND SUPPLIERS
FROM AND AGAINST ALL LOSSES, EXPENSES, DAMAGES AND COSTS, INCLUDING REASONABLE
ATTORNEY'S FEES, RESULTING FROM ANY VIOLATION OF THIS AGREEMENT OR ANY
ACTIVITY RELATED TO YOUR ACCOUNT (INCLUDING INFRINGEMENT OF THIRD PARTIES'
INTELLECTUAL PROPERTY RIGHTS, WHEREVER ARISING, OR NEGLIGENT OR WRONGFUL
CONDUCT) BY YOU OR ANY OTHER PERSON ACCESSING hlcares.com USING YOUR SERVICE
ACCOUNT, WHETHER OR NOT AUTHORIZED BY YOU.
14. WAIVER, RELEASE AND LIMITATION OF LIABILITY
YOU AGREE THAT NEITHER hlcares.com, INC., NOR ITS OFFICERS, DIRECTORS, EMPLOYEES,
AGENTS, INFORMATION PROVIDERS, LICENSORS OR SUPPLIERS SHALL HAVE ANY LIABILITY
TO YOU UNDER ANY THEORY OF LIABILITY OR INDEMNITY IN CONNECTION WITH YOUR
USE OF hlcares.com. YOU HEREBY RELEASE AND FOREVER WAIVE ANY AND ALL CLAIMS
YOU MAY HAVE AGAINST hlcares.com, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS,
INFORMATION PROVIDERS OR SUPPLIERS (INCLUDING BUT NOT LIMITED TO CLAIMS
BASED UPON THE NEGLIGENCE OF hlcares.com, ITS OFFICERS, DIRECTORS, EMPLOYEES,
AGENTS, INFORMATION PROVIDERS OR SUPPLIERS) FOR LOSSES OR DAMAGES YOU
SUSTAIN IN CONNECTION WITH YOUR USE OF hlcares.com.
NOTWITHSTANDING THE FOREGOING PARAGRAPH, THE TOTAL LIABILITY OF hlcares.com,
ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, INFORMATION PROVIDERS, LICENSORS
AND SUPPLIERS, IF ANY, FOR LOSSES OR DAMAGES SHALL NOT EXCEED THE FEES
PAID BY THE USER FOR THE PARTICULAR INFORMATION OR SERVICE PROVIDED. IN
NO EVENT SHALL hlcares.com, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, INFORMATION
PROVIDERS OR SUPPLIERS BE LIABLE TO YOU FOR ANY LOSSES OR DAMAGES OTHER
THAN THE AMOUNT REFERRED TO ABOVE. ALL OTHER DAMAGES, DIRECT OR INDIRECT,
SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE ARISING FROM
ANY USE OF THE INFORMATION OR OTHER PARTS OF hlcares.com ARE HEREBY EXCLUDED
EVEN IF hlcares.com, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, INFORMATION
PROVIDERS, LICENSORS OR SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES.
15. THIRD PARTY RIGHTS
The provisions of paragraphs 13 (Indemnification) and 14 (Waiver, Release
and Limitation of Liability) are for the benefit hlcares.com and its officers,
directors, employees, agents, licensors, suppliers, and Information Providers.
Each of these individuals or entities shall have the right to assert and
enforce those provisions directly against you on its own behalf.
16. TERM; TERMINATION
Either you or hlcares.com may terminate your right to use hlcares.com at any time,
with or without cause, upon notice. hlcares.com also reserves the right to terminate
or suspend your hlcares.com membership without prior notice, but hlcares.com will
confirm such termination or suspension by subsequent notice. The provisions
of paragraphs 11 (Copyright), 12 (License, and Idea Submission), 13 (Indemnification),
14 (Waiver, Release and Limitation of Liability), 15 (Third Party Rights),
and 17 (Miscellaneous) shall survive any termination of this Agreement.
This Agreement shall be governed by and construed in accordance with the
laws of the State of Oregon. You agree that any legal action or proceeding
between hlcares.com and you for any purpose concerning this Agreement or the
parties' obligations hereunder shall be brought exclusively in a court
of competent jurisdiction sitting in the city of Portland, Multnomah County,
Oregon, United States. Any cause of action or claim you may have with
respect to hlcares.com must be commenced within one (1) year after the claim
or cause of action arises. hlcares.com 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 hereunder. Neither the course of
conduct between the parties nor trade practice shall act to modify any
provision of this Agreement. hlcares.com may assign its rights and duties under
this Agreement to any party at any time without notice to you.
hlcares.com may deliver notice to you under this Agreement by means of electronic
mail, a general notice on hlcares.com, or by written communication delivered
by first class U. S. mail to your address on record in hlcares.com account
information. You may give notice to hlcares.com at any time via electronic mail
to hlcares.com or by letter delivered by first class postage prepaid U. S. mail
or overnight courier to the following address:
The provisions of this Agreement are severable, and in the event any provision
hereof is determined to be invalid or unenforceable, such invalidity or
unenforceability shall not in any way affect the validity or enforceability
of the remaining provisions hereof.