Pacific Health Sciences TERMS AND CONDITIONS OF USE

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE.By using this site, you signify your assent to these Terms and Conditions. If you do not agree to all of these Terms and Conditions of use, do not use this site! Pacific Health Sciences, Inc. ("Pacific Health Sciences") may revise and update these Terms and Conditions at any time. Your continued usage of the Pacific Health Sciences website ("Pacific Health Sciences Site," or the "Site,") will mean you accept those changes.

THE SITE DOES NOT PROVIDE MEDICAL ADVICE

CHILDREN'S PRIVACY

USER SUBMISSIONS

Pacific Health Sciences MEMBERS

CHAT ROOMS AND BULLETIN BOARDS ADVERTISEMENTS AND LINKS TO OTHER SITES INDEMNITY GENERAL JURISDICTION COMPLETE AGREEMENT

THE SITE DOES NOT PROVIDE MEDICAL ADVICE.

The contents of the Pacific Health Sciences Site, such as text, graphics, images, information obtained from Pacific Health Sciences's licensors, and other material ("Content") contained on the Pacific Health Sciences Site are for informational purposes only. The Content is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read on the Pacific Health Sciences Site!

If you think you may have a medical emergency, call your doctor or 911 immediately. Pacific Health Sciences does not recommend or endorse any specific tests, products, procedures, opinions, or other information that may be mentioned on the Site. Reliance on any information provided by Pacific Health Sciences, Pacific Health Sciences employees, others appearing on the Site at the invitation of Pacific Health Sciences, or other visitors to the Site is solely at your own risk.

The Site may contain health or medical related materials which you find sexually explicit or otherwise offensive. Pacific Health Sciences, its licensors, and its suppliers have no control over and accept no responsibility for such materials. You are solely responsible for compliance with the laws applicable to your country of residence.

CHILDREN'S PRIVACY.

We are committed to protecting the privacy of children. You should be aware that this Site is not intended or designed to attract children under the age of 13. We do not collect personally identifiable information from any person we actually know is a child under the age of 13.

USE OF CONTENT.

Pacific Health Sciences authorizes you to view or download a single copy of the material on the Pacific Health Sciences Site solely for your personal, noncommercial use if you include the following copyright notice: "Copyright (c) 2009, Pacific Health Sciences, Inc. All rights reserved" and other copyright and proprietary rights notices which were contained in the Content. Any special rules for the use of certain software and other items provided on the Pacific Health Sciences Site may be included elsewhere within the Site and are incorporated into these Terms and Conditions by reference.

The Content is protected by copyright under both United States and foreign laws. Title to the Content remains with Pacific Health Sciences or its licensors. Any use of the Content not expressly permitted by these Terms and Conditions is a breach of these Terms and Conditions and may violate copyright, trademark, and other laws. Content and features are subject to change or termination without notice in the editorial discretion of Pacific Health Sciences. All rights not expressly granted herein are reserved to Pacific Health Sciences and its licensors.

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.

LIABILITY OF Pacific Health Sciences AND ITS LICENSORS.

The use of the Pacific Health Sciences Site and the Content is at your own risk.

When using the Pacific Health Sciences Site, information will be transmitted over a medium which is beyond the control and jurisdiction of Pacific Health Sciences and its suppliers. Accordingly, Pacific Health Sciences 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 Pacific Health Sciences Site.

The Pacific Health Sciences Site and the content are provided on an "as is" basis. Pacific Health Sciences, 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. Specifically, Pacific Health Sciences, its licensors, and its suppliers make no representations or warranties about the following:

  1. The accuracy, reliability, completeness, currentness, or timeliness of the Content, software, text, graphics, links, or communications provided on or through the use of the Pacific Health Sciences Site or Pacific Health Sciences.
  2. The satisfaction of government regulations requiring disclosure of information on prescription drug products with regard to the Content contained on the Pacific Health Sciences Site.

In no event shall Pacific Health Sciences, its licensors, its suppliers, or any third parties mentioned on the Pacific Health Sciences Site be liable for any damages (including, without limitation, incidental and consequential damages, personal injury/wrongful death, lost profits, or damages resulting from lost data or business interruption) resulting from the use or inability to use the Pacific Health Sciences Site or the Content, whether based on warranty, contract, tort, or any other legal theory, and whether or not Pacific Health Sciences is advised of the possibility of such damages. Pacific Health Sciences is not liable for any personal injury, including death, caused by your use or misuse of the Site, Content, or Public Area (as defined below). Any claims arising in connection with your use of the Site, any Content, or the Public Areas must be brought within one (1) year of the date of the event giving rise to such action occurred. Remedies under these Terms and Conditions are exclusive and are limited to those expressly provided for in these Terms and Conditions.

USER SUBMISSIONS.

You agree that you will not upload or transmit any communications or content of any type that infringe or violate any rights of any party. By submitting communications or content to any part of this Site, you agree that such submission is non-confidential for all purposes. If you make any such submission, you automatically grant--or warrant that the owner of such content has expressly granted--Pacific Health Sciences 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 or content in any media or medium, or any form, format, or forum now known or hereafter developed. Pacific Health Sciences may sublicense its rights through multiple tiers of sublicenses.

Pacific Health Sciences Members and Users

Pacific Health Sciences Members is a service that allows you to record limited amounts of personal health information on a voluntary basis on servers maintained by Pacific Health Sciences or on its behalf. Pacific Health Sciences Members area is structured to allow access only to visitors with a valid password. Whenever you submit or modify your information in Pacific Health Sciences Members, we will send such information over the Internet using encryption technology (Secure Socket Layer (SSL) software). The information you submit to MyHealthRecord will be stored on a separate server as an additional security precaution. However, we do not warrant or represent that the information you submit to MyHealthRecord will be protected against loss, misuse, or alteration by third parties.

You are responsible for taking all reasonable steps to ensure that no unauthorized person shall have access to your Pacific Health Sciences Member password or account. It is your sole responsibility to (1) control the dissemination and use of activation codes and passwords; (2) authorize, monitor, and control access to and use of your Pacific Health Sciences Member account and password; (3) promptly inform Pacific Health Sciences of any need to deactivate a password. You grant Pacific Health Sciences and all other persons or entities involved in the operation of the Site and Pacific Health Sciences Member Services the right to transmit, monitor, retrieve, store, and use your information in connection with the operation of Pacific Health Sciences Members. Pacific Health Sciences cannot and does not assume any responsibility or liability for any information you submit to Pacific Health Sciences or your or third parties' use or misuse of information transmitted or received using Pacific Health Sciences .

Pacific Health Sciences Live and Member to Member Areas ("Public Areas").

If you use a Public Area, you are solely responsible for your own communications, the consequences of posting those communications, and your reliance on any communications found in the Public Areas. Pacific Health Sciences is not responsible for the consequences of any communications in the Public Areas. In cases where you feel threatened or believe someone else is in danger, you should contact your local law enforcement agency immediately. If you think you may have a medical emergency, call your doctor or 911 immediately.

In consideration of being allowed to use the Public Areas, you agree that the following actions shall constitute a material breach of these Terms and Conditions:

  1. Using a Public Area for any purpose in violation of local, state, national, or international laws;
  2. Posting material that infringes on the intellectual property rights of others or on the privacy or publicity rights of others;
  3. Posting material that is unlawful, obscene, defamatory, threatening, harassing, abusive, slanderous, hateful, or embarrassing to any other person or entity as determined by Pacific Health Sciences in its sole discretion;
  4. Posting advertisements or solicitations of business;
  5. After receiving a warning, continuing to disrupt the normal flow of dialogue, or posting comments that are not related to the topic being discussed (unless it is clear the discussion is free-form);
  6. Posting chain letters or pyramid schemes;
  7. Impersonating another person;
  8. Distributing viruses or other harmful computer code;
  9. Harvesting or otherwise collecting information about others, including email addresses, without their consent;
  10. Allowing any other person or entity to use your identification for posting or viewing comments;
  11. Posting the same note more than once or "spamming"; or
  12. Engaging in any other conduct that restricts or inhibits any other person from using or enjoying the Public Area or the Site, or which, in the judgment of Pacific Health Sciences, exposes Pacific Health Sciences or any of its customers or suppliers to any liability or detriment of any type.

Pacific Health Sciences reserves the right (but is not obligated) to do any or all of the following:

  1. Record the dialogue in public chat rooms.
  2. Investigate an allegation that a communication(s) do(es) not conform to the terms of this section and determine in its sole discretion to remove or request the removal of the communication(s).
  3. Remove communications which are abusive, illegal, or disruptive, or that otherwise fail to conform with these Terms and Conditions.
  4. Terminate a user's access to any or all Public Areas and/or the Pacific Health Sciences Site upon any breach of these Terms and Conditions.
  5. Monitor, edit, or disclose any communication in the Public Areas.
  6. Edit or delete any communication(s) posted on the Pacific Health Sciences Site, regardless of whether such communication(s) violate these standards.

Pacific Health Sciences reserves the right to take any action it deems necessary to protect the personal safety of our guests or the public. Pacific Health Sciences has no liability or responsibility to users of the Pacific Health Sciences Site or any other person or entity for performance or nonperformance of the aforementioned activities.

ADVERTISEMENTS AND LINKS TO OTHER SITES.

Pacific Health Sciences does not endorse the content on any third-party websites. Pacific Health Sciences is not responsible for the content of linked third-party sites, sites framed within the Pacific Health Sciences Site, or third-party advertisements, and does not make any representations regarding their content or accuracy. Your use of third-party websites is at your own risk and subject to the terms and conditions of use for such sites. Pacific Health Sciences does not endorse any product advertised on the Pacific Health Sciences Site.

INDEMNITY.

You agree to defend, indemnify, and hold Pacific Health Sciences, its officers, directors, employees, agents, licensors, and suppliers, 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 violation of these Terms and Conditions.

GENERAL.

Pacific Health Sciences is based in Malibu, CA. in the United States of America. Pacific Health Sciences makes no claims that 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 Pacific Health Sciences Site from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. The following provisions survive the expiration or termination of these Terms and Conditions for any reason whatsoever: Liability, User Submissions, Indemnity, Jurisdiction, and Complete Agreement.

JURISDICTION.

You expressly agree that exclusive jurisdiction for any dispute with Pacific Health Sciences, or in any way relating to your use of the Pacific Health Sciences Site, resides in the courts of the State of Califorinia and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the State of California in connection with any such dispute including any claim involving Pacific Health Sciences 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 Georgia, without respect to its conflict of laws 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.

COMPLETE AGREEMENT.

Except as expressly provided in a particular "legal notice" on the Pacific Health Sciences Site, these Terms and Conditions constitute the entire agreement between you and Pacific Health Sciences with respect to the use of the Pacific Health Sciences Site, and Content. Your use of the Pacific Health Sciences Site is also subject to the Pacific Health Sciences Privacy Policy.

Thank you for your cooperation. We hope you find the Pacific Health Sciences Site helpful and convenient to use! Questions or comments regarding this website should be directed to our Customer Service department via U.S. mail to Pacific Health Sciences Health, Attn: Office of Privacy, PO Box 6828, Malibu, CA. 90264



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