Terms and Conditions of Use
PLEASE READ THIS ENTIRE AGREEMENT CAREFULLY BEFORE ACCESSING OR USING THIS WEBSITE (“ACCESSLIFENETHEALTH.ORG”). IT IS A BINDING AGREEMENT BETWEEN YOU AND LIFENET HEALTH, INC. AND ITS SUBSIDARIES AND OR AFFILIATES (COLLECTIVELY REFERRED TO AS “LIFENET HEALTH”). BY ACCESSING OR USING THIS WEBSITE, THE USER ACKNOWLEDGES THAT HE/SHE HAS REVIEWED THESE TERMS AND CONDITIONS OF USE AND AGREES TO THEM IN THEIR ENTIRETY. IF THE USER DOES NOT ACCEPT THESE TERMS AND CONDITIONS OF USE, THE USER MUST STOP USING THIS WEBSITE IMMEDIATELY.
LifeNet Health reserves the right to modify this Agreement at any time, without notice, effective upon posting of an updated version of this Agreement on the Website. User is responsible for regularly reviewing updates to this Agreement. Continued use of the Service after any such changes shall constitute User’s consent to such changes. Additionally, this Website may contain links and pointers to other websites and resources maintained or created by third parties. Any such links or pointers to other websites or resources do not constitute an endorsement by LifeNet Health of any third-party resources or their content.
Medical Information. Any information contained on this Website regarding medical conditions, surgical techniques and products, and other medical treatments is provided for educational purposes only and should not be used in lieu of medical advice provided by your healthcare provider. LifeNet Health is not a healthcare provider and does not practice medicine or recommend any specific surgical technique or treatment for any medical condition. This Website should not be used to diagnose any healthcare problem or condition and use of this Website does not create a doctor-patient relationship. Your healthcare provider should be consulted for diagnosis of any medical problems and treatment options. Do not use this Website in a medical emergency. In an emergency, call 911 or your local emergency assistance number.
Product Information. The LifeNet Health products described on this Website are approved for certain uses in the United States and may not be available or approved for all or any uses in other countries or jurisdictions. LifeNet Health products described on this Website may not be available at all times within or outside of the United States. Additionally, LifeNet Health products may be available outside of the United States under a different trade name. For products used outside of the United States, different countries may impose different requirements for sale or use of such products. LifeNet Health does not recommend or promote the products for sale or use in any country or jurisdiction except in the manner such product has been approved for sale and use by the applicable governmental authorities of such country or jurisdiction and in accordance with applicable law. Healthcare providers should address any questions regarding LifeNet Health products to the appropriate LifeNet Health sales representative for your country and territory. Patients with questions about LifeNet Health products should address such questions with their healthcare provider.
Communications Sent Through Website. All information you send to LifeNet Health through the Website, including, but not limited to, any personal identifiable information, questions or comments, or requests for information, is voluntarily disclosed by you and is considered non-confidential information. LifeNet Health is not a healthcare provider and requests that Users do not send any protected health information as defined in the Health Insurance Portability and Accountability Act of 1996 (P.L. 104-191) and implementing regulations, as amended from time to time. LifeNet Health has no obligation with respect to the information submitted by you through this Website and by submitting any information to LifeNet Health through this Website you authorize LifeNet Health to use such information for any purpose.
Acceptable Use. User agrees that, except as otherwise permitted by LifeNet Health, User shall use the Service and the Website only for its own personal purposes. User shall neither sell nor otherwise provide, directly or indirectly, unauthorized access to the Service. User represents and warrants that he/she will: (a) not use the Service or any other LifeNet Health product, equipment, program, or service (collectively and individually, the “LifeNet Health Technology”) in a manner that: (i) is prohibited by any law or regulation or LifeNet Health policy, or to facilitate the violation of any law or regulation or such policy, or (ii) will disrupt third parties’ use or enjoyment of any communications service or outlet, including the Service and LifeNet Health Technology; (b) not violate or tamper with the security of any LifeNet Health Technology; and (c) comply at all times with the terms and conditions of this Agreement as it may be modified from time to time without notice to User. If LifeNet Health has reasonable grounds to believe that User is utilizing the Service or LifeNet Health Technology for any illegal or disruptive purpose LifeNet Health may suspend or terminate User’s access to the Service immediately and may seek other remedies, as determined in LifeNet Health’s sole discretion.
Restrictions. All rights not expressly granted to User are reserved by LifeNet Health. User may use the Service only for its intended purposes and shall not: (i) send or store infringing, obscene, threatening, libelous, or otherwise unlawful or tortious material, including material harmful to children or violative of third-party privacy rights; (ii) send or store material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs; (iii) interfere with or disrupt the integrity or performance of the Service; or (iv) attempt to gain unauthorized access to the Service, the Website or its related systems or networks.
Ownership of this Website and its Content. The Service is proprietary to LifeNet Health and is protected by intellectual property laws and international intellectual property treaties. Under the terms and conditions of this Agreement, LifeNet Health grants you a nonexclusive, nontransferable, nonsublicensable right to access and use the Service. All of the Content provided on the Website is owned by LifeNet Health, its licensors or its content providers. “Content” means all of the content featured or displayed on the Website, including, but not limited to, all pictures, images, and narrative text. All elements of the Website, including, but not limited to, the general design and the Content, are protected by trade dress, copyright, trademarks, moral rights, and/or other laws relating to intellectual property rights. Any copying, re-publication, re-displaying, re-transmitting or re-distribution of the Content, including by caching, framing or similar means, is expressly prohibited without prior written consent of LifeNet Health. The Website, its Content and all related rights shall remain the exclusive property of LifeNet Health, its licensors, or its content providers unless otherwise expressly agreed. No User may remove, alter or cover any copyright or other proprietary notices placed on this Website.
Indemnification. You agree to indemnify, hold harmless and defend LifeNet Health, its shareholders, directors, officers, employees and agents from and against any action, cause, claim, damage, debt, demand or liability, including reasonable costs and attorney’s fees, asserted by any person, arising out of or relating to: (a) this Agreement; (b) your use of the Content and related rights; and (c) your use of the Service.
Internet Delays. LIFENET HEALTH’S SERVICES MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS. LIFENET HEALTH IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS.
Disclaimer of Warranties. THE SERVICE IS PROVIDED ON AN “AS IS” BASIS AND LIFENET HEALTH EXCLUDES TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW ANY WARRANTY OF ANY KIND, EXPRESS, IMPLIED, OR STATUTORY. YOU EXPRESSLY AGREE THAT THE USE OF THE SERVICE IS AT YOUR SOLE RISK. LIFENET HEALTH MAKES NO WARRANTY AS TO ANY RESULTS THAT MAY BE OBTAINED BY USE OF THE SERVICE. LIFENET HEALTH MAKES NO OTHER WARRANTIES, EXPRESSED, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, IN RELATION TO THE SERVICE.
LIFENET HEALTH DOES NOT WARRANT THAT THE INFORMATION PROVIDED BY THIS WEBSITE, OR ANY INFORMATION PROVIDED BY OTHER WEBSITES LINKED TO THIS WEBSITE, IS ACCURATE, COMPLETE OR UP-TO-DATE. LIFENET HEALTH HAS NO OBLIGATION TO UPDATE THE CONTENT OF THIS WEBSITE OR ANY WEBSITE LINKED TO THIS WEBSITE, INCLUDING, BUT NOT LIMITED TO, INFORMATION REGARDING ITS PRODUCTS AND SERVICES. YOU ACKNOWLEDGE THAT ANY RELIANCE UPON ANY OPINION, ADVICE, DATA, STATEMENT, MEMORANDUM, OR INFORMATION PROVIDED BY THIS WEBSITE, OR INFORMATION PROVIDED ON WEBSITES LINKED TO THIS WEBSITE, SHALL BE AT YOUR SOLE RISK. LIFENET HEALTH RESERVES THE RIGHT, IN ITS SOLE DISCRETION, TO CORRECT ANY ERRORS OR OMISSIONS IN ANY PORTION OF THE WEBSITE.
Limitation of Liability. YOU AGREE THAT LIFENET HEALTH SHALL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS OR INJURY CAUSED IN WHOLE OR IN PART BY RELYING UPON, USE OF, OR INTERPRETING INFORMATION OBTAINED THROUGH USE OF THE SERVICE. UNDER NO CIRCUMSTANCES SHALL LIFENET HEALTH BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE USE OF OR INABILITY TO USE THE SERVICE EVEN IF LIFENET HEALTH OR ITS AGENTS OR REPRESENTATIVES KNOW OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE AND EXCLUSIVE REMEDY HEREUNDER SHALL BE FOR YOU TO DISCONTINUE YOUR USE OF THE SERVICE AND TERMINATE THIS AGREEMENT.
LIFENET HEALTH DOES NOT CONTROL OTHER WEBSITES THAT MAY PROVIDE LINKS TO THE SERVICE. LIFENET HEALTH SHALL NOT BE LIABLE FOR ANY LOSS OR INJURY ARISING FROM INFORMATION CONTAINED ON OTHER WEBSITES, FROM THEIR LINKING TO THIS WEBSITE, OR FROM LINKS ON THE LIFENET HEALTH WEBSITE TO OTHER WEBSITES.
SOME STATES IN THE UNITED STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL DAMAGES, OR LIMITATIONS UPON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. Users may also have other rights that vary from state to state.
Where We are Located. LifeNet Health’s administrative office is 1864 Concert Drive, Virginia Beach, VA 23453-1903. Any notices to LifeNet Health shall be directed to that address, attention: Douglas Wilson, Executive Vice President. LifeNet Health’s phone number is 800-847-7831.
General. This Agreement shall be governed by Virginia law and controlling United States federal law, without regard to the choice or conflicts of law provisions of any jurisdiction. The parties agree that jurisdiction and venue for all suits relating to or arising out of this Agreement or the Service shall be proper only in the state or federal courts located in Virginia Beach, Virginia. User hereby consents and agrees to the exercise of jurisdiction by such courts. If any provision of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision shall be construed, as nearly as possible, to reflect the intentions of the invalid or unenforceable provision, with all other provisions remaining in full force and effect. No joint venture, partnership, employment, or agency relationship exists between User and LifeNet Health as a result of this Agreement or use of the Service. The failure of LifeNet Health to enforce any right or provision in this Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by LifeNet Health in writing. This Agreement, together with any exhibits or attachments hereto, comprises the entire Agreement between User and LifeNet Health and supersedes all prior or contemporaneous negotiations, discussions or agreements, whether written or oral, between the parties regarding the subject matter contained herein.