Terms of Service

Wherever this Terms Of Service refers to “you”, “your”, or “user”, it means “you”, while “we” and “our” refers to Healthcare Elsewhere (“HE”) an Onwards Media, LLC, dba Healthcare Elsewhere and HealthcareElsewhere.com (“HE”) product.

This Web site, www.HealthcareElsewhere.com, (the “Site”) is an online information service provided by HE, subject to your compliance with the terms and conditions set forth below. By accessing this web site, you are acknowledging and accepting these terms of use. These terms of use are subject to change by HE at any time and at our discretion without notice. Your use of this web site after any changes are implemented constitutes your acceptance of the changes. As a result, we encourage you to consult the terms and conditions each time you use this web site.

1. INTELLECTUAL PROPERTY

You acknowledge and agree that all content and materials available on this site are protected by copyrights, trademarks, service marks, patents, trade secrets, or other proprietary rights and laws. Except as expressly authorized by HE, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from such materials or content.

As noted above, reproduction, copying, or redistribution for commercial purposes of any materials or design elements on this site is strictly prohibited without the express written permission of HE. For information on requesting such permission, please contact us at info@HealthcareElsewhere.com.

2. CONTENT SUBMITTED TO HEALTHCAREELSEWHERE.COM

You grant to HE a non-exclusive, royalty-free, worldwide, perpetual license, with the right to sub-license, to reproduce, distribute, transmit, create derivative works of, publicly display and publicly perform any comments and other information (including, without limitation, ideas contained therein for new or improved products and services) you submit to any public areas of HE’s Site(s) (such as bulletin boards, forums and newsgroups) or by e-mail to HE by all means and in any media now known or hereafter developed. You also grant to HE the right to use your name in connection with the submitted comments and other information as well as in connection with all advertising, marketing and promotional material related thereto. You agree that you shall have no recourse against HE for any alleged or actual infringement or misappropriation of any proprietary right in your communications to HE.

3. THIRD PARTY REFERENCES / HYPERLINKS

This site or the sites of our customers may link you to other sites on the Internet. These sites may contain information or material that some people may find inappropriate or offensive. These other sites are not under the control of HE and you acknowledge that HE is not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites. The inclusion of such a link does not imply endorsement of the site by or any association with its operators.

4. DISCLAIMER OF WARRANTIES

ALL MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THIS SITE (THE “CONTENT”) ARE PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE. THE CONTENT IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. ONWARDS MEDIA, LLC AND ITS LICENSORS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THIS SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF THIS SITE IS SOLELY AT YOUR RISK. BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, THESE EXCLUSIONS MAY NOT APPLY TO YOU.

5. OBJECTIONABLE MATERIALS

Certain content dealing with pornography, illegal activities of any kind, occult, hate, and racism may not be promoted through the HE system. HE reserves the rights to make the final decision as to what is appropriate. Violators may be terminated without notice.

6. LIMITATION OF LIABILITY OFHEALTHCARE ELSEWHERE AND ITS LICENSORS

The use of the Healthcare Elsewhere Site and the Content is at your own risk. When using the HE Site, information will be transmitted over a medium that may be beyond the control and jurisdiction of HE and its suppliers. Accordingly, HE 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 HE Site.

The HE Site and the Content are provided on an “as is” basis. HE, 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-INFRINGMENT OF THIRD PARTIE’S RIGHT, AND FITNESS FOR PARTICULAR PURPOSE. Without limiting the foregoing, HE, its licensors, and its suppliers make no representations or warranties about the following:

The accuracy, reliability, completeness, currentness, or timeliness of the Content, software, text, graphics, links, or communications provided on or through the use of the HE Site or HE.
The satisfaction of any government 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 the HE Site.

In no event shall HE, its licensors, its suppliers, or any third parties mentioned on the HE 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 of or inability to use the HE Site or the Content, whether based on warranty, contract, tort, or any other legal theory, and whether or not HE is advised of the possibility of such damages. HE is not liable for any personal injury, including death, caused by your use or misuse of the Site, Content, or Public Areas (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 of Use are exclusive and are limited to those expressly provided for in these Terms of Use.

UNDER NO CIRCUMSTANCES SHALL HE OR ITS LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THIS SITE. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF ONWARDS MEDIA, LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, HE’S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

7. INDEMNIFICATION

Upon a request by HE, you agree to defend, indemnify, and hold HE and its other affiliated companies harmless, and their employees, contractors, officers, and directors from all liabilities, claims, and expenses, including attorney’s fees, that arise from your misuse of this site.

8. SEVERABILITY AND INTEGRATION

Unless otherwise specified herein, this agreement constitutes the entire agreement between you and HE regarding this site and supersedes all prior or contemporaneous communications between you and HE with respect to this site. If any part of these Terms of Use is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.

9. JURISDICTION

You expressly agree that exclusive jurisdiction for any dispute with Healthcare Elsewhere, or in any way relating to your use of the Healthcare Elsewhere Site, resides in the courts of the State of Alabama and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the State of Alabama in connection with any such dispute including any claim involving Healthcare Elsewhere or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers, and content providers.

These Terms of Use are governed by the internal substantive laws of the State of Alabama, without respect to its conflict of laws principles. If any provision of these Terms of Use 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 of Use, which shall remain in full force and effect. No waiver of any of these Terms of Use shall be deemed a further or continuing waiver of such term or condition or any other term or condition.

Unauthorized duplication or publication of any materials from this site is expressly prohibited.

Healthcare Elsewhere is pending application to register a trademark.