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PLEASE READ THESE TERMS AND CONDITIONS AGREEMENT (“AGREEMENT”) CAREFULLY BEFORE ORDERING ANY SERVICES FROM THE yourHEALTH WEBSITE OR ANY RELATED SITE.
UNIVAL’s yourHealth website provides options to receive, manage, and transmit personal health information, allowing our partners to provide solutions to patients based on their preferences for managing their medical information.
This yourHealth Terms and Conditions Agreement applies to the use of any component or version of the yourHealth website. UNIVAL provides several Services (the “Services”), including each component of the website and related information, text, images, graphs and other data (collectively the “Content”)
The Services are provided through UNIVAL’s yourHealth web sites, including yourhealth.UNIVAL-med.com (the “Sites”). If you violate this Agreement in any way, your permission to use the Sites and the Services automatically terminates and you must immediately destroy any copies you have made of any portion of the Content.
UNIVAL may modify this Agreement at any time and it is your responsibility to review this Agreement and related policies each time you access one of the Sites.
This is a legal agreement between the end user (“You”) and UNIVAL, Inc. (hereinafter UNIVAL or the “Licensor”). The rights granted herein are limited to Licensor’s intellectual property rights on the your Health website and do not include any other patents or intellectual property rights.
Table of Contents
1. Not Medical Advice
2. Use of the Content, the Sites and the Services
3. Ownership, Restrictions, Copyright Infringement and Related Issues
4. Your Responsibilities
5. Disclaimer of Warranties and Limitations of Liability
6. Links to Other Web Sites
7. Indemnity
8. Safeguards and Security.
9. Complete Agreement
10. No Assignment
11. Choice of Law and Jurisdiction
12. Contacting Us
13. Governing Language
14. Age Requirement
1. Not Medical Advice
UNIVAL provides the Services and the Sites for informational purposes only. The Sites and the Services are not intended as a substitute for the advice provided by your own physicians or health care providers, and may not take your individual health situation into account. Neither you nor your health care provider may use the Sites or Services, or any of the Content, to diagnose a health problem or disease, or as a means of determining treatment. You are encouraged to share any Content with your health care provider, but you agree that the only health advice you will be receiving will be from your health care provider, and not from UNIVAL. ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR QUALIFIED HEALTH PROVIDER WITH ANY AND ALL QUESTIONS YOU MAY HAVE REGARDING A MEDICAL CONDITION. THE yourHEALTH WEB SITE PROVIDED BY LICENSOR IS NOT INTENDED IN ANY WAY TO BE A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE. THE yourHEALTH SUITE IS NOT TO DIAGNOSE, TREAT, CURE, OR PREVENT ANY DISEASE OR MEDICAL CONDITION. YOU SHOULD NEVER DISREGARD MEDICAL ADVICE OR DELAY SEEKING SUCH ADVICE BECAUSE OF SOMETHING CONTAINED IN THE yourHEALTH SUITE.
UNIVAL does not provide emergency medical or health services or advice. In the event of an emergency, immediately contact your physician, go to the emergency room of the nearest hospital, or call for emergency help (e.g., dial 911 where 911 service is available).
UNIVAL does not recommend or endorse any specific tests, physicians, products, procedures, opinions, or other information or Content that may be contained on the Sites, or any linked site.
The Sites may contain Content, including health or medical materials, that are contain graphic depictions of human anatomy, including the reproductive system.
The materials on this Site are intended for use by adults only. UNIVAL is not responsible for any use of or exposure to this Site by children.
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2. Use of the Content, the Sites and the Services
UNIVAL authorizes you to view and download the Content, and use the Sites and the Services, solely for your personal, noncommercial use. If you make any copies of the Content, you must also copy any copyright or other proprietary rights notices already on the Content. If the Content does not including any copyright notices, you agree to add the following copyright notice to your copies: “Copyright © 2008, UNIVAL. All rights reserved.”
Terms and conditions for your use of the Content, Services and certain software and other items accessible on the Sites may be included elsewhere within the Sites and are incorporated into this Agreement by reference.
Title to the Content, the Services and the Sites remains with UNIVAL, its partners, licensors or third-party providers. Any use of the Content, the Services or the Sites not expressly permitted by this Agreement is a breach of these Terms of Use and may violate copyright, trademark, and other laws. All rights not expressly granted herein are reserved to UNIVAL, its partners, licensors and third-party providers.
All UNIVAL trade names, trademarks and service marks are the sole property of UNIVAL. All other trademarks and service marks are the registered or unregistered trademarks and service marks of their respective owners. Use of any UNIVAL or third party trademark, trade name, service mark, or other logo or mark is prohibited, unless expressly authorized in writing in advance by its owner.
The Content, the Services and the Sites are subject to change or termination without notice in the discretion of UNIVAL.
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3. Ownership, Restrictions, Copyright Infringement and Related Issues
Title to the yourHealth web site, including all intellectual property rights thereto, shall at all times remain solely and exclusively with, and You shall not take any action inconsistent with such title. The yourHealth web site contains confidential and proprietary information of Licensor and is protected under applicable Copyright, Trade Secret and Trademark law. Any rights not expressly granted herein are reserved to the Licensor, Inc. You may not cause or permit the disclosure, copying, decompiling, reverse engineering, disassembling, modifying, creating derivative works, renting, licensing, sublicensing, leasing, dissemination or other distribution of the yourHealth website, or any part thereof, by any means or in any form, without the prior written consent of Licensor. You are entitled to use this yourHealth website for your own use, but may not sell or transfer reproductions of the yourHealth website to other parties in any way.
You agree that you will not transmit any communications or content of any type that infringe or violate any rights of any party. If you submit any business information, idea, concept or invention to UNIVAL or via the Sites, you agree such submission is non-confidential for all purposes.
UNIVAL is committed to complying with copyright and related laws, and expects all users of the Sites to comply with such laws as well. Using our Sites to transmit (whether by email, uploading, posting, or otherwise) any information or items without the express permission of the owner of such information or items or to engage in any activity that infringes any copyright or any other right of a third party violates these legal provisions. You represent and warrant to UNIVAL that you own, or are otherwise lawfully authorized to use, any files, data, text, or other information that you may transmit to or through the UNIVAL yourHealth web site, and that any use of the files, data, text, or other information supplied by you does not violate these legal notices and will not cause injury to any person or entity.
UNIVAL reserves the right, but disclaims any responsibility, to remove any and all Content, and suspend or terminate any person from using the Sites, for any reason in UNIVAL’s sole discretion, including if UNIVAL suspects that any Content or other information on the Sites, or any actions by such persons, violates the U.S. Copyright Act or any other law or regulation of any state, country or other jurisdiction.
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4. Your Responsibilities
You are responsible for obtaining and maintaining the equipment necessary to access and use UNIVAL’s Services and Sites, including any computer hardware, telephone line, Internet connection, etc.
You also are responsible for maintaining the confidentiality of your user identification and password. As part of this Agreement, you also must contact UNIVAL immediately in the event that you have reason to believe there has been any unauthorized access or use of your account.
Moreover, consistent with any and all applicable laws, the files, data, text or other information supplied by you shall not contain any material or information that is obscene, pornographic, defamatory, libelous, or slanderous, or which violates any laws of the United States or any State, the rights of any person or entity, including without limitation, rights of publicity, privacy or personality, or which infringes on any third party rights, including intellectual property rights.
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5. Disclaimer of Warranties and Limitations of Liability
You assume the sole risk of using the Sites, the Services and the Content.
THE SITES, THE SERVICES AND THE CONTENT ARE PROVIDED ‘AS IS’ AND ‘AS AVAILABLE’ AND WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, TITLE, AND FITNESS FOR A PARTICULAR PURPOSE.
WITHOUT LIMITING THE FOREGOING, UNIVAL, ITS PARTNERS, ITS LICENSORS, AND ITS SUPPLIERS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE FOLLOWING:
- THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE CONTENT, THE SERVICES, OR ANY SOFTWARE, LINKS, OR COMMUNICATIONS PROVIDED ON OR THROUGH THE USE OF THE SITES.
- THE COMPLIANCE WITH ANY GOVERNMENT LAWS OR REGULATIONS REQUIRING DISCLOSURE OF INFORMATION ON PRESCRIPTION DRUG PRODUCTS OR THE APPROVAL OR COMPLIANCE OF ANY SOFTWARE TOOLS WITH REGARD TO THE CONTENT CONTAINED ON OR THE SERVICES PROVIDED VIA THE SITES.
- ANY MEDICAL OR OTHER TREATMENT, ACTION OR PROTOCOL.
- ANY MEDICINE OR MEDICAL DEVICE.
- THAT ANY TREATMENTS DISCUSSED OR REFERRED TO IN THE CONTENT OR ON THE SITES ARE AVAILABLE TO YOU OR LEGAL IN YOUR JURISDICTION.
- ANY SUPPLEMENTS OR OTHER SUBSTANCES, WHETHER INGESTED OR OTHERWISE USED OR APPLIED.
- THAT ANY CONTENT, SERVICES OR OTHER INFORMATION WILL BE STORED, TRANSMITTED OR RECEIVED IN A TIMELY OR COMPLETE MANNER, OR THAT SUCH CONTENT, SERVICES OR OTHER INFORMATION WILL REMAIN UNALTERED, UNCORRUPTED AND USABLE AS INTENDED.
- THAT ANY CONTENT OR OTHER INFORMATION IS SECURE FROM ANY ATTACK OR ANY INTENTIONAL OR UNINTENTIONAL DAMAGE OR DELETION.
IN NO EVENT SHALL UNIVAL, ITS PARTNERS, LICENSORS, SUPPLIERS, OR ANY THIRD PARTIES MENTIONED ON THE SITES, 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 OF OR INABILITY TO USE THE SITES OR THE CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT UNIVAL, ITS PARTNERS, LICENSORS, SUPPLIERS, OR ANY THIRD PARTIES MENTIONED ON THE SITES ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT SHALL UNIVAL OR ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, PREDECESSORS, SUCCESSORS, PARENTS, SUBSIDIARIES, ASSIGNS, AFFILIATES, LICENSORS OR ANY THIRD PARTIES MENTIONED ON THE SITES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA, OR BUSINESS INFORMATION AND THE LIKE), WHETHER IN AN ACTION BASED IN CONTRACT, TORT OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE CONTENT, THE SERVICES OR WEB SITES. IN NO EVENT SHALL UNIVAL’S TOTAL LIABILITY TO YOU UNDER THIS AGREEMENT EXCEED $100. THE FOREGOING LIMITATIONS OF LIABILITY REFLECT A DELIBERATE AND BARGAINED FOR ALLOCATION OF RISKS BETWEEN UNIVAL AND YOU.
ANY CLAIMS ARISING IN CONNECTION WITH YOUR USE OF THE SITES, THE CONTENT OR ANY RELATED SERVICES MUST BE BROUGHT WITHIN ONE (1) YEAR OF THE DATE OF WHEN THE EVENT GIVING RISE TO SUCH ACTION OCCURRED.
REMEDIES UNDER THIS AGREEMENT ARE EXCLUSIVE AND ARE LIMITED TO THOSE EXPRESSLY PROVIDED FOR IN THIS AGREEMENT.
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6. Links to Other Web Sites
The Sites contain links to third-party web sites. UNIVAL does not recommend and does not endorse the content on any third-party web sites. UNIVAL is not responsible for the content of third-party sites that are linked to or provide links to the Sites. UNIVAL does not endorse any third-party advertisements on the Sites or that are accessible to or from the Sites, and UNIVAL does not make any representations regarding their content or accuracy. Your use of third-party web sites is at your own risk and subject to the terms of use for such sites.
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7. Indemnity
You agree to defend, indemnify, and hold UNIVAL, 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 of Service.
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8. Safeguards and Security.
UNIVAL does not warrant the accuracy of data you provide to UNIVAL, or for the integrity of the computing systems you use to access this Site. You are responsible for utilizing and protecting the security features of the UNIVAL System, including passwords, identification numbers, and account numbers. Further, although UNIVAL is not a “covered entity” as that term is defined in the privacy regulations promulgated pursuant to the Health Insurance Portability and Accountability Act of 1996, Pub. L. No. 104-191(“HIPAA”), for the purposes of performance standards hereunder, the UNIVAL database shall be compliant with administrative, physical, and technical safeguard requirements set forth in 45 C.F.R. §§ 164.308-164.312.
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9. Complete Agreement
Except as expressly provided in a particular “Legal Notice” and Privacy Policies on the Sites, this Agreement constitutes the entire agreement between you and UNIVAL with respect to the use of the Sites, the Services and the Content.
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10. No Assignment
You shall not assign this Agreement or any of your rights or obligations hereunder and any purported assignment of this Agreement by you in contravention of the foregoing shall be null and void.
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11. Choice of Law and Jurisdiction
UNIVAL is based in Ann Arbor, Michigan, USA. Access to the Sites, the Services or the Content may not be legal by certain persons or in certain countries. If you access the Sites from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction and every other jurisdiction that may apply.
This Agreement is governed by the laws of the state of Michigan, without respect to its conflict of laws principles. The U.N. Convention on Contracts for the International Sale of Goods shall not apply to this Agreement. If any provision of this Agreement 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 this Agreement, which shall remain in full force and effect.
You expressly agree that exclusive jurisdiction for any dispute with UNIVAL, or in any way relating to your use of the Sites, resides in the Federal and State courts of the state of Michigan and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the state of Michigan in connection with any such dispute including any claim involving UNIVAL or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers, and content providers.
Alternative to court: At the sole discretion of UNIVAL, any controversy or claim between the parties or arising out of this Agreement may be determined by one disinterested arbitrator in binding arbitration administered by the American Arbitration Association (the “AAA”) pursuant to the AAA's Commercial Arbitration Rules, the Optional Rules for Emergency Measures of Protection and the Supplementary Procedures for Online Arbitration. The arbitral award will be final and binding, and may be entered and enforced in any court of competent jurisdiction.
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12. Contacting Us
If you have any questions about this Agreement or services provided by UNIVAL, please contact us at:
UNIVAL, Inc.
2100 Commonwealth Blvd.
Suite 300
Ann Arbor, MI 48105
e-mail: yourhealthsupport@UNIVAL-med.com
1-800-332-4463
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13. Governing Language
This Agreement constitutes the entire agreement between the parties with respect to the use of the Sites licensed hereunder and supersedes all prior or contemporaneous understandings regarding such subject matter. No amendment to or modification of this Agreement will be binding unless in writing and signed by Licensor. ALL PURCHASES ARE FINAL. NO PURCHASES CAN BE RETURNED OR EXCHANGED FOR LEGAL CURRENCY OF ANY KIND. THANK YOU.
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14. Age Requirement
You must be at least 18 years old to register with yourHealth. By agreeing to these terms and conditions you are acknowledging that you are at least 18 years old.
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