Ownership of ARLUMEN HEALTH Websites
Agreement to Terms and Conditions
Introduction
These Terms and Conditions of Use (the “Terms of Use”) apply to the ARLUMEN HEALTH also referred to as, ARLUMEN HEALTH Website located at arlumenhealth (dot) com, and all associated ARLUMEN HEALTH Websites linked to arlumenhealth (dot) com by ARLUMEN HEALTH, its subsidiaries and affiliates, including ARLUMEN HEALTH Websites (At) Blogspot and (At) WordPress, displayed around the world (collectively, the “ARLUMEN HEALTH Websites”). The ARLUMEN HEALTH Website is the property of ARLUMEN HEALTH (“ARLUMEN HEALTH“) and its licensors.
License to use website ARLUMEN HEALTH
Unless otherwise stated, ARLUMEN HEALTH and/or its licensors own the intellectual property rights in the website and material on the website, arlumenhealth (dot) com. Subject to the license below, all these intellectual property rights are reserved.
BY USING THE ARLUMEN HEALTH WEBSITE, YOU AGREE TO THESE (“TERMS OF USE”); IF YOU DO NOT AGREE, DO NOT USE THE ARLUMEN HEALTH WEBSITE.
ARLUMEN HEALTH reserves the right, at its sole discretion, to change, modify, add or remove portions of these (“Terms of Use”), at any time. It is your responsibility to check these (“Terms of Use”) periodically for changes. Your continued use of the ARLUMEN HEALTH Website following the posting of changes will mean that you accept and agree to the changes. As long as you comply with these (“Terms of Use”), ARLUMEN HEALTH grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the ARLUMEN HEALTH Website.
Content
All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (collectively, “Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such Content, contained on the ARLUMEN HEALTH Website is owned, controlled or licensed by or to ARLUMEN HEALTH, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.
Except as expressly provided in these (“Terms of Use”), no part of the ARLUMEN HEALTH Website and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including “mirroring”) to any other computer, server, ARLUMEN HEALTH Website or other medium for publication or distribution or for any commercial enterprise, without ARLUMEN HEALTH’s express prior written consent.
You may use information on ARLUMEN HEALTH products and services (such as data sheets, knowledge base articles, and similar materials) purposely made available by ARLUMEN HEALTH for downloading from the ARLUMEN HEALTH Website, provided that you (1) not remove any proprietary notice language in all copies of such documents, (2) use such information only for your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media, (3) make no modifications to any such information, and (4) not make any additional representations or warranties relating to such documents.
Your Use Of The ARLUMEN HEALTH (Dot) Com Website(s)
You may not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the ARLUMEN HEALTH Website or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the ARLUMEN HEALTH Website or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the ARLUMEN HEALTH Website. ARLUMEN HEALTH reserves the right to bar any such activity.
You may not attempt to gain unauthorized access to any portion or feature of the ARLUMEN HEALTH Website, or any other systems or networks connected to the ARLUMEN HEALTH Website or to any ARLUMEN HEALTH server, or to any of the services offered on or through the ARLUMEN HEALTH Website, by hacking, password “mining” or any other illegitimate means.
You may not probe, scan or test the vulnerability of the ARLUMEN HEALTH Website or any network connected to the ARLUMEN HEALTH Website, nor breach the security or authentication measures on the ARLUMEN HEALTH Website or any network connected to the ARLUMEN HEALTH Website. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the ARLUMEN HEALTH Website, or any other customer of ARLUMEN HEALTH, including any ARLUMEN HEALTH account not owned by you, to its source, or exploit the ARLUMEN HEALTH Website or any service or information made available or offered by or through the ARLUMEN HEALTH Website, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the ARLUMEN HEALTH Website.
You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the ARLUMEN HEALTH Website or ARLUMEN HEALTH’s systems or networks, or any systems or networks connected to the ARLUMEN HEALTH Website or to ARLUMEN HEALTH.
You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the ARLUMEN HEALTH Website or any transaction being conducted on the ARLUMEN HEALTH Website, or with any other person’s use of the ARLUMEN HEALTH Website.
You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to ARLUMEN HEALTH on or through the ARLUMEN HEALTH Website or any service offered on or through the ARLUMEN HEALTH Website. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.
You may not use the ARLUMEN HEALTH Website or any Content for any purpose that is unlawful or prohibited by these (“Terms of Use”), or to solicit the performance of any illegal activity or other activity that infringes the rights of ARLUMEN HEALTH or others.
Purchases: Other Terms And Conditions
Additional terms and conditions may apply to purchases of donations, goods or services and to specific portions or features of the ARLUMEN HEALTH Website, including contests, promotions or other similar features, all of which terms are made a part of these (“Terms of Use”) by this reference. You agree to abide by such other terms and conditions, including where applicable representing that you are of sufficient legal age to use or participate in such service or feature. If there is a conflict between these (“Terms of Use”) and the terms posted for or applicable to a specific portion of the ARLUMEN HEALTH Website or for any service offered on or through the ARLUMEN HEALTH Website, the latter terms shall control with respect to your use of that portion of the ARLUMEN HEALTH Website or the specific service.
ARLUMEN HEALTH’s obligations, if any, with regard to its products and services are governed solely by the agreements pursuant to which they are provided, and nothing on this ARLUMEN HEALTH Website should be construed to alter such agreements.
ARLUMEN HEALTH may make changes to any products or services offered on the ARLUMEN HEALTH Website, or to the applicable prices for any such products or services, at any time, without notice. The materials on the ARLUMEN HEALTH Website with respect to products and services may be out of date, and ARLUMEN HEALTH makes no commitment to update the materials on the ARLUMEN HEALTH Website with respect to such products and services.
The following terms also govern and apply to your use of the ARLUMEN HEALTH Website, and they are incorporated herein by this reference:
• Terms of Service
• Copyright and Trademark Information
• Privacy Policy
Each of these policies may be changed from time to time and are effective immediately upon posting such changes on the ARLUMEN HEALTH Website.
Accounts, Passwords And Security
Certain features or services offered on or through the ARLUMEN HEALTH Website may require you to open an account (including setting up an ARLUMEN HEALTH ID and password). You are entirely responsible for maintaining the confidentiality of your account information, including your password, and for any and all activity that occurs under your account. You agree to notify ARLUMEN HEALTH immediately of any unauthorized use of your account or password, or any other breach of security. However, you may be held liable for losses incurred by ARLUMEN HEALTH or any other user of or visitor to the ARLUMEN HEALTH Website due to someone else using your ARLUMEN HEALTH ID, password or account.
You may not use anyone else’s ARLUMEN HEALTH ID, password or account at any time without the express permission and consent of the holder of that ARLUMEN HEALTH ID, password or account. ARLUMEN HEALTH cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.
Privacy
ARLUMEN HEALTH’s Privacy Policy applies to use of this and all ARLUMEN HEALTH Websites, and its terms are made a part of these (“Terms of Use”) by this reference. To view ARLUMEN HEALTH’s Privacy Policy, click here. Additionally, by using the ARLUMEN HEALTH Website, you acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information you send to the ARLUMEN HEALTH Website may be read or intercepted by others, even if there is a special notice that a particular transmission (for example, credit card information) is encrypted.
Links To Other Websites And To The ARLUMEN HEALTH Website(s)
This ARLUMEN HEALTH Website may contain links to other independent third-party ARLUMEN HEALTH Websites (“Linked ARLUMEN HEALTH Websites”). These Linked ARLUMEN HEALTH Websites are provided solely as a convenience to our visitors. Such Linked ARLUMEN HEALTH Websites are not under ARLUMEN HEALTH’s control, and ARLUMEN HEALTH is not responsible for and does not endorse the content of such Linked ARLUMEN HEALTH Websites, including any information or materials contained on such Linked ARLUMEN HEALTH Websites. You will need to make your own independent judgment regarding your interaction with these Linked ARLUMEN HEALTH Websites.
Disclaimers
ARLUMEN HEALTH DOES NOT PROMISE THAT THE ARLUMEN HEALTH WEBSITE OR ANY CONTENT, SERVICE OR FEATURE OF THE ARLUMEN HEALTH WEBSITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE ARLUMEN HEALTH WEBSITE WILL PROVIDE SPECIFIC RESULTS. THE ARLUMEN HEALTH WEBSITE AND ITS CONTENT ARE DELIVERED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. ALL INFORMATION PROVIDED ON THE ARLUMEN HEALTH WEBSITE IS SUBJECT TO CHANGE WITHOUT NOTICE. ARLUMEN HEALTH CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE ARLUMEN HEALTH WEBSITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. ARLUMEN HEALTH DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. ARLUMEN HEALTH DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE ARLUMEN HEALTH WEBSITE AND/OR ANY ARLUMEN HEALTH SERVICES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE ARLUMEN HEALTH WEBSITE AND ANY LINKED ARLUMEN HEALTH WEBSITES. YOUR SOLE REMEDY AGAINST ARLUMEN HEALTH FOR DISSATISFACTION WITH THE ARLUMEN HEALTH WEBSITE OR ANY CONTENT IS TO STOP USING THE ARLUMEN HEALTH WEBSITE OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.
The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.
ARLUMEN HEALTH reserves the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the ARLUMEN HEALTH Website, or any portion of the ARLUMEN HEALTH Website, for any reason; (2) to modify or change the ARLUMEN HEALTH Website, or any portion of the ARLUMEN HEALTH Website, and any applicable policies or terms; and (3) to interrupt the operation of the ARLUMEN HEALTH Website, or any portion of the ARLUMEN HEALTH Website, as necessary to perform routine or non-routine maintenance, error correction, or other changes.
Limitation Of Liability
Except where prohibited by law, in no event will ARLUMEN HEALTH be liable to you for any indirect, consequential, exemplary, incidental or punitive damages, including lost profits, even if ARLUMEN HEALTH has been advised of the possibility of such damages.
If, notwithstanding the other provisions of these (“Terms of Use”), ARLUMEN HEALTH is found to be liable to you for any damage or loss which arises out of or is in any way connected with your use of the ARLUMEN HEALTH Website or any Content, ARLUMEN HEALTH’s liability shall in no event exceed the greater of (1) the total of any subscription or similar fees with respect to any service or feature of or on the ARLUMEN HEALTH Website paid in the six months prior to the date of the initial claim made against ARLUMEN HEALTH (but not including the purchase price for any ARLUMEN HEALTH software products or service), or (2) US$100.00. Some jurisdictions do not allow limitations of liability, so the foregoing limitation may not apply to you.
Indemnity
You agree to indemnify and hold ARLUMEN HEALTH, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, (where applicable) harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against ARLUMEN HEALTH by any third party due to or arising out of or in connection with your use of the ARLUMEN HEALTH Website.
Violation Of These (“Terms Of Use”)
ARLUMEN HEALTH may disclose any information we have about you (including your identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the ARLUMEN HEALTH Website, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) ARLUMEN HEALTH’s rights or property, or the rights or property of visitors to or users of the ARLUMEN HEALTH Website, including ARLUMEN HEALTH’s customers.
ARLUMEN HEALTH reserves the right at all times to disclose any information that ARLUMEN HEALTH deems necessary to comply with any applicable law, regulation, legal process or governmental request. ARLUMEN HEALTH also may disclose your information when ARLUMEN HEALTH determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.
You acknowledge and agree that ARLUMEN HEALTH may preserve any transmittal or communication by you with ARLUMEN HEALTH through the ARLUMEN HEALTH Website(s) or any service offered on or through the ARLUMEN HEALTH Website, and may also disclose such data if required to do so by law or ARLUMEN HEALTH determines that such preservation or disclosure is reasonably necessary to (1) comply with legal process, (2) enforce these (“Terms of Use”), (3) respond to claims that any such data violates the rights of others, or (4) protect the rights, property or personal safety of ARLUMEN HEALTH, its employees, users of or visitors to the ARLUMEN HEALTH Website, and the public.
You agree that ARLUMEN HEALTH may, in its sole discretion and without prior notice, terminate your access to the ARLUMEN HEALTH Website and/or block your future access to the ARLUMEN HEALTH Website if we determine that you have violated these (“Terms of Use”) or other agreements or guidelines which may be associated with your use of the ARLUMEN HEALTH Website. You also agree that any violation by you of these (“Terms of Use”) will constitute an unlawful and unfair business practice, and will cause irreparable harm to ARLUMEN HEALTH, for which monetary damages would be inadequate, and you consent to ARLUMEN HEALTH obtaining any injunctive or equitable relief that ARLUMEN HEALTH deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies ARLUMEN HEALTH may have at law or in equity.
You agree that ARLUMEN HEALTH may, in its sole discretion and without prior notice, terminate your access to the ARLUMEN HEALTH Website, for cause, which includes (but is not limited to) (1) requests by law enforcement or other government agencies, (2) a request by you (self-initiated account deletions), (3) discontinuance or material modification of the ARLUMEN HEALTH Website or any service offered on or through the ARLUMEN HEALTH Website, or (4) unexpected technical issues or problems.
If ARLUMEN HEALTH does take any legal action against you as a result of your violation of these (“Terms of Use”), ARLUMEN HEALTH will be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to ARLUMEN HEALTH. You agree that ARLUMEN HEALTH will not be liable to you or to any third party for termination of your access to the ARLUMEN HEALTH Website as a result of any violation of these (“Terms of Use”).
Governing Law And Dispute Resolution
You agree that all matters relating to your access to or use of the ARLUMEN HEALTH Website, including all disputes, will be governed by the laws of the United States and by the laws of the State of Texas without regard to its conflicts of laws provisions. You agree to the personal jurisdiction by and venue in the state and federal courts in McLennan County, Texas, and waive any objection to such jurisdiction or venue. Any claim under these (“Terms of Use”) must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred. No recovery may be sought or received for damages other than out-of-pocket expenses, except that the prevailing party will be entitled to costs and attorneys’ fees. In the event of any controversy or dispute between ARLUMEN HEALTH and you arising out of or in connection with your use of the ARLUMEN HEALTH Website, the parties shall attempt, promptly and in good faith, to resolve any such dispute. If we are unable to resolve any such dispute within a reasonable time (not to exceed thirty (30) days), then either party may submit such controversy or dispute to mediation. If the dispute cannot be resolved through mediation, then the parties shall be free to pursue any right or remedy available to them under applicable law.
Void Where Prohibited
ARLUMEN HEALTH administers and operates the ARLUMEN HEALTH Website from its location in Waco, Texas, USA; ARLUMEN HEALTH Websites are visible from various locations outside the United States. Although the ARLUMEN HEALTH Website is accessible worldwide, not all features, products or services discussed, referenced, provided or offered through or on the ARLUMEN HEALTH Website are available to all persons or in all geographic locations, or appropriate or available for use outside the United States. ARLUMEN HEALTH reserves the right to limit, in its sole discretion, the provision and quantity of any feature, product or service to any person or geographic area. Any offer for any feature, product or service made on the ARLUMEN HEALTH Website is void where prohibited. If you choose to access the ARLUMEN HEALTH Website from outside the United States, you do so on your own initiative and you are solely responsible for complying with applicable local laws.
Miscellaneous
You may not use or export or re-export any Content or any copy or adaptation of such Content, or any product or service offered on the ARLUMEN HEALTH Website, in violation of any applicable laws or regulations, including without limitation United States export laws and regulations.
If any of the provisions of these (“Terms of Use”) are held by a court or other tribunal of competent jurisdiction to be void or unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these (“Terms of Use”), so that these (“Terms of Use”) shall remain in full force and effect. These (“Terms of Use”) constitute the entire agreement between you and ARLUMEN HEALTH with regard to your use of the ARLUMEN HEALTH Website, and any and all other written or oral agreements or understandings previously existing between you and ARLUMEN HEALTH with respect to such use are hereby superseded and cancelled. ARLUMEN HEALTH will not accept any counter-offers to these (“Terms of Use”), and all such offers are hereby categorically rejected. ARLUMEN HEALTH’s failure to insist on or enforce strict performance of these (“Terms of Use”) shall not be construed as a waiver by ARLUMEN HEALTH of any provision or any right it has to enforce these (“Terms of Use”), nor shall any course of conduct between ARLUMEN HEALTH and you or any other party be deemed to modify any provision of these (“Terms of Use”). These (“Terms of Use”) shall not be interpreted or construed to confer any rights or remedies on any third parties.
ARLUMEN HEALTH provides access to ARLUMEN HEALTH international data and, therefore, may contain references or cross references to ARLUMEN HEALTH products, programs and services that are not announced in your country. Such reference does not imply that ARLUMEN HEALTH in your country intends to announce such products, programs or services.
Feedback And Information
Any feedback you provide at this ARLUMEN HEALTH Website shall be deemed to be non-confidential. ARLUMEN HEALTH shall be free to use such information on an unrestricted basis. If you have questions, feedback, or complaints, please fill out the CONTACT FORM located on the ARLUMEN HEALTH (dot) com website and make this reference in the subject line: Customer Care.
The information contained in ARLUMEN HEALTH (dot) com website is subject to change without notice.
Copyright © 2008 ARLUMEN HEALTH. All rights reserved.