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WWW.CADENCEHEALTH.ORG - TERMS AND CONDITIONS OF USE

Cadence Health is pleased to provide this web site (this “Web Site”) in order to help familiarize you with the services offered by Cadence Health.  Use of the Web Site is subject to the terms and conditions that follow. You acknowledge that health care information changes continually with advances in medical research, and that this Web Site, which is updated periodically, may not contain the most recent, complete or useful information at the time you access the Web Site. You understand that the health care providers whose information is available on the Web Site are not necessarily agents or employees of Cadence Health. Your use of this Web Site indicates your acceptance of these terms and conditions.

NO MEDICAL ADVICE

The content of this Web Site is provided for educational purposes and should not be relied upon as a substitute for personal consultation with a health care provider regarding your medical condition, diagnosis or treatment; nor, is it provided in the course or within the context of a physician-patient relationship. Call your health care provider or “911” immediately if you think you have a medical emergency. Always seek the advice of your physician or other qualified health care provider prior to starting any new treatment or if you have any questions regarding symptoms or a medical condition.

PHYSICIAN INFORMATION

Please understand that the physicians whose information is available on this Web Site are not necessarily agents or employees of Cadence Health.  Although we have obtained the information provided on this Web Site concerning physicians (including specialty, credentials and training) from sources we believe to be reliable and accurate, Cadence Health can make no guarantee or warranty as to the accuracy, timeliness or completeness of that information.

PERMITTED USE OF CONTENT

Please understand that the works of authorship contained on this Web Site, including all design, text and images, are owned, except as otherwise expressly stated, by Cadence Health or its licensors. The contents of this Web Site are protected by United States’ and worldwide copyright laws and treaty provisions. 

Individual users of this Web Site should feel free to download one copy of the materials on this Web Site for their personal, non-commercial use, provided that they do not modify or alter the materials in any way, nor delete or change any copyright or trademark notice.  Please be advised that systematic retrieval of data or information from this Web Site to create or compile, directly or indirectly, a collection, compilation, database or directory is prohibited.  In addition, except as stated above, you may not copy, reproduce, modify, use, republish, upload, post, transmit or distribute any material from this Web Site, including any trademarks, names or logos appearing on this Web Site, in any way without Cadence Health’s written permission.  In addition, you may not redeliver any of the pages, text, images or other content of this Web Site using “framing” technology without Cadence Health’s written permission.  All rights not expressly granted herein are reserved to Cadence Health and its licensors.

CHILDREN’S PRIVACY

Cadence Health is committed to protecting the privacy of children.  You should be aware that this Web Site is not intended or designed to attract children under the age of 13.  In addition, we do not collect personally identifiable information from any person known by Cadence Health to be a child under the age of 13.

DISCLAIMER/NO WARRANTY

ALL INFORMATION IN THIS WEB SITE IS PROVIDED FREE AND “AS IS.”  ACCORDINGLY, CADENCE HEALTH AND ITS AFFILIATES MAKE NO EXPRESS OR IMPLIED WARRANTIES OR ANY WARRANTIES OF ANY KIND WITH RESPECT TO THE CONTENT OR OTHERWISE REGARDING THIS WEB SITE OR ANY LINKED WEB SITE.  TO THE FULL EXTENT PERMITTED UNDER LAW, CADENCE HEALTH AND ITS AFFILIATES DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.  FURTHER, CADENCE HEALTH AND ITS AFFILIATES DO NOT WARRANT THE ACCURACY, RELIABILITY, COMPLETENESS, CURRENTNESS, TIMELINESS OR AVAILABILITY OF THIS WEB SITE OR ITS CONTENT OR OF ANY LINKED WEB SITE.

In using this Web Site, you assume the risk of accessing and using the information provided herein.  Cadence Health is not responsible, in any way, for any loss, that results from the use of this Web Site, use of linked web sites, information contained in this Web Site or information contained in linked web sites, including lost profits or direct, indirect, special, consequential, compensatory damage, incidental damage, or damages to your computer resulting from viruses.  Your sole and exclusive remedy against Cadence Health is to cease use of this Web Site.

Without limiting the foregoing, you expressly release Cadence Health, its affiliates, directors, officers, employees, contractors, agents, successors and assigns (the “Cadence Health Parties”), of any responsibility and/or liability pertaining to the use of this Web Site, use of linked web sites, information contained in this Web Site or linked web sites, including any liability or responsibility pertaining to the use, administration, and/or nonuse of any quiz, assessment, questionnaire, survey, and the like, and your responses thereto and results thereof, and the use and/or disclosure of your information in accordance with the Privacy Policy. 

WHAT YOU SHOULD KNOW ABOUT INFORMATION YOU PROVIDE TO CADENCE HEALTH

We reserve the right, but not the duty, to monitor use of this Web Site, including any information you provide to us.  The information you send to us by email may be misdirected or intercepted by unintended recipients, and thus may not constitute a confidential medium of communication.  If you have any confidentiality concerns, please consider using an alternative mode of communication and do not transmit any sensitive or confidential information to us via e-mail.  If you communicate with us by e-mail or choose to receive e-mail from us, you should understand that e-mail transmission is being used for convenience, and that we do not warrant the confidentiality and security of the transmission.

You are personally responsible for all information you send to or through this Web Site.  Accordingly, please do not post or transmit any information that is illegal, threatening, libelous, defamatory, obscene, ethnically or racially offensive or discriminatory, profane, invades the privacy of another person or any other information or materials that violate any law or confidentiality agreement. Cadence Health reserves the right to refuse to post any such message, and, if necessary, to take appropriate legal action.

LINKAGE

You may, through hypertext or other computer links, gain access to third parties’ web sites which are not related to or maintained by us.  Cadence Health is not affiliated with such third parties, and we take no responsibility for the content of their sites, regardless of whether the link is provided by us or a third party.  We make no judgment or warranty with respect to the accuracy, timeliness, or suitability of the content of any web site to which this Web Site may link, including information on such other web site regarding Cadence Health. By providing access to other web sites, you understand that we are not endorsing the products and services provided by any web site’s sponsoring organization and that any services you elect and any purchases you make are between you and the third party product or service provider.  As such, your sole and exclusive remedy for claims arising from any such product or service is against the third party product or service provider (and not Cadence Health).

Other web sites should feel free to include a link to this Web Site, provided such links are only to Cadence Health home page (www.cadencehealth.org).  Linking to other content within the Web Site (so called “deep linking”) is prohibited without Cadence Health prior written consent.  This limited license expressly prohibits the framing of Cadence Health content in any way or any other activity that could create a misimpression or confusion among users with respect to sponsorship or affiliation.

SUBMISSIONS

Cadence Health is happy to hear from you and other users of this Web Site; however, Cadence Health policy is not to accept or consider any ideas, suggestions or materials from any of those users. While Cadence Health values your feedback on the Web Site and services, Cadence Health requests that you be specific in your comments on those services and not submit any ideas, suggestions, materials, concepts or other information (collectively referred to herein as “Information”).  If, despite Cadence Health’s request, you send us any such Information, that Information will become and will remain Cadence Health property.  None of the Information so submitted will be subject to any obligation of confidence on Cadence Health part, and we will not be liable for disclosure of any Information, and will have unrestricted use of such Information for any purpose whatsoever, commercial or otherwise, without compensation or liability to you or any other provider of the Information.  You agree to waive your moral rights in any such materials or information, and you warrant that any such materials and information are original with you, or that you have the right to submit such materials and information to us.  You further agree that you will have no recourse against Cadence Health for any alleged or actual infringement or misappropriation of any proprietary right in your communications with us.

OPERATION OF THE WEB SITE

Cadence Health uses reasonable commercial efforts to keep this Web Site available for access on a 24-hour-a-day, seven-day-a-week basis, subject to scheduled downtime for maintenance purposes, unscheduled maintenance and systems outages.  Cadence Health can provide no assurances; however, that access will be available at all times, or that it will be uninterrupted.   Further, Cadence Health does not warrant that the operation of this Web Site will be error-free, that defects will be corrected, or that this Web Site or the servers that make it available are free from viruses or other harmful components.  You assume the entire cost of all necessary servicing, repair or correction of your property.

PRIVACY AND SECURITY

Cadence Health uses best efforts to comply with all applicable laws concerning privacy of on-line communications.  You should be aware, however, that the Internet is neither more nor less secure than other communications media, including mail, facsimile, and  telephone services, all of which can be intercepted and otherwise compromised.  As a matter of prudence, therefore, you should assume that all on-line communications are not secure.  Please refer to the terms and conditions of Cadence Health Privacy Policy which describes Cadence Health information practices. 

PROPRIETARY RIGHTS

All materials available on this Web Site are protected by applicable copyrights, trademarks, service marks, patents, or by other proprietary rights and laws.  Except as expressly authorized, you agree not to sell, license, rent, modify, copy, distribute, reproduce, transmit, redistribute,  publicly display, publicly perform, publish, adapt, edit or create derivative works from such materials.  Use of the materials or design elements on this Web Site for any purpose not expressly permitted in these Terms and Conditions of Use or by written permission is prohibited.  Reproduction, copying or redistribution for commercial purposes of any materials or design elements found on this Web Site is strictly prohibited without Cadence Health written permission.

APPLICABLE LAW; ENFORCEMENT OF TERMS AND CONDITIONS

These Terms and Conditions of Use are governed and interpreted pursuant to the laws of the State of Illinois, notwithstanding any principles of conflicts of law.  If you take legal action relating to these Terms and Conditions or your interactions with or relationship to Cadence Health, you agree to file such action only in the state and federal courts located in the State of Illinois, County of DuPage.  If any part of these terms and conditions is found by a court of competent jurisdiction to be invalid, unlawful, void or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of remaining provisions, which will remain in full force and effect.  No waiver of any of these Terms and Conditions of Use shall be deemed valid unless in writing signed by an authorized representative of Cadence Health, and any such writing shall not be deemed a further or continuing waiver of such term or any other term or condition.  Except as expressly supplemented elsewhere on this Web Site, these Terms and Conditions of Use and Cadence Health’s Privacy Policy constitute the entire agreement between you and Cadence Health with respect to your use of this Web Site.

AMENDMENTS AND MODIFICATIONS

Cadence Health reserves the right to change these Terms and Conditions of Use and/or the information, services, content of, and access to this Web Site, at any time without prior notice.  If you use this Web Site after we post changes to the Terms and Conditions of Use, you accept and agree to be bound by the changed terms and conditions.  We suggest that you check these Terms and Conditions of Use periodically for changes.  These Terms and Conditions of Use can be accessed from the link at the bottom of Cadence Health Web Site home page. 

Copyright © 2012 Cadence Health. All rights reserved.

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