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User Agreement with Healthy Footsteps
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IMPORTANT - READ THESE TERMS CAREFULLY BEFORE USING THE PRODUCT OR ACCESSING THE CONTENT OF THIS WEBSITE. BY USING THE PRODUCT OR ACCESSING THE CONTENT, YOU ACKNOWLEDGE AND REPRESENT THAT YOU ARE AN AUTHORIZED USER; THAT YOU HAVE READ THIS AGREEMENT AND THE PRIVACY STATEMENT; THAT YOU UNDERSTAND THEIR TERMS; AND THAT YOU AGREE TO BE BOUND BY THOSE TERMS.
Definitions
Authorized User/User: An individual who has obtained a license to access and use the Product for personal purposes by registering on the Website. All Users must be 18 years or older to register on the Website.
Content: All the search pages, indexes, databases, online help, video, text, still images, and all other content provided by Mosaic Health Solutions, LLC on the Website.
Product: The Healthy FootstepsTM and MedNoticesTM services that provide tools for health self-management initiatives through online technology delivered via the Internet. Mosaic Health Solutions, LLC does not provide medical advice, diagnosis or treatment, or advice on health care providers.
Website: The websites located at www.healthyfootsteps.com, www.hfmsg.com, www.mednotices.com.
Terms and Conditions
1. Effective Date of User Agreement.
This Agreement will become effective upon acceptance of this Agreement by User clicking the box next to "I have read and agree with the Terms of Use" on the Product registration page.
2. Grant of License. Mosaic Health Solutions, LLC grants to User a personal, limited, non-exclusive, non-transferable revocable license to access the Product through the Website in accordance with the terms of this Agreement. This license may not be transferred to third parties, nor may User allow an unauthorized third party to gain access to the Product, the Content or any Log-In Information (as defined in Section 2 below). Without limiting any other provisions in this Agreement, any violation of this provision constitutes a breach of this Agreement, and grounds for immediate termination by Mosaic Health Solutions, LLC.
3. Log-In Information. By registering with Mosaic Health Solutions, LLC, User has been provided with a valid screen name and password for the purpose of accessing the Product (the "Log-In Information"). All Log-In Information must be kept confidential, and may only be used by User. The unauthorized use of any Log-In Information, either with or without User's knowledge, shall be deemed a breach of this Agreement, and may constitute infringement of Mosaic Health Solutions, LLC's intellectual property rights or other proprietary rights. User is responsible for maintaining the security and confidentiality of all Log-In Information, and for preventing access to the Product and/or the Content by unauthorized persons. Unauthorized access to or use of the Product and/or the Content by someone using User's Log-In information may be attributed to User.
4. User Agreement. Mosaic Health Solutions, LLC may from time to time change this Agreement. Such amendments will become effective when Mosaic Health Solutions, LLC posts an updated User Agreement on the website, or when Mosaic Health Solutions, LLC otherwise provides notice to User of any amendments. User is responsible for periodically checking the posted User Agreement for updates, and User shall be bound by the terms of the User Agreement posted on the website at the time of User's website access. Any revised User Agreement shall supersede the previous version of the User Agreement.
5. Refund Policy. The Product is currently a free service requiring no refunds. If subscription services are available in the future, the terms, limitations and refund policies related to the subscription services will be addressed in an amended User Agreement available on the Website.
6. Communications from Mosaic Health Solutions, LLC. Mosaic Health Solutions, LLC will periodically contact User for customer service purposes, including without limitation, to provide Product information such as Product updates and Content changes. By accessing the Product and the Content, User consents to receive such limited communications.
a) Wireless Alerts and Reminders. Wireless alerts are provided to our Users that request the MedNotices™ Product.
In order to take advantage of this Product you must have a mobile phone that accepts SMS messages. Alerts will not be available through all wireless networks. Provided you have a compatible mobile phone and participating wireless provider, and have requested to receive MedNotices™, the types of wireless alerts you have requested will be sent to your mobile phone via SMS. Wireless service is not available at all times or in all locations, so Mosaic Health Solutions, LLC cannot guarantee that every alert will be delivered to you in a timely fashion, or at all. You should not rely on MedNotices™ as your only method of notification. Mosaic Health Solutions, LLC does not charge any fees for SMS alerts, but your wireless provider may charge fees for services such as SMS messages that require the use of airtime and wireless data services. Users receiving MedNotices™ are solely responsible for any costs associated with your use of the wireless alerts Product.
7. Conditions Regarding Use of the Content:
a) Content Shall Be Used for Personal Purposes Only. The Product and the Content may be used for personal purposes only. In no event shall the Content be used in any commercial and/or for-profit manner, or in any public exhibition. In no event shall the Product or the Content be used outside of the scope of this Agreement, or be used beyond the Term of the User’s registration.
b) Original Intent and Purpose of Content. User agrees to maintain the original intent of all Content. For clarity of purpose, this means that the Content should not be used in a manner that disparages the Content or Mosaic Health Solutions, LLC, or in any manner that may be deemed inappropriate by Mosaic Health Solutions, LLC in its sole discretion.
c) Security of the Content and the Website. User shall not take any actions, whether intentional or unintentional, that may circumvent, disable, damage or impair the Product's control or security systems, nor allow or assist a third party to do so. This prohibition includes but is not limited to hacking, de-compiling, disassembling and reverse-engineering the website or the Content.
d) Content Displayed on the Website. User shall not remove, obscure or alter the Content or the website itself. User shall not sub-license, distribute, rent, lease, transfer or otherwise make the Content available to any third party, or make the Content accessible to any party by broadcast or transmission, including without limitation by television, cable, satellite, telephony, wireless, closed-circuit or Internet broadcasting, or use the Content for systematic downloading, service bureau redistribution services, printing for fee-for-service purposes and/or the making of print or electronic copies for transmission to non-Users, except as expressly permitted in this Agreement.
e) Images. User may download still images from the Product for personal use only.
f) Content May Not be Downloaded. Under no circumstances may a User download the Content or combine, merge or incorporate the Content in or with any other materials except as specifically stated in the Agreement.
g) Attribution and Citations. User shall maintain all proprietary notices on the Content. Reference to Mosaic Health Solutions, LLC as the source of the Content is required for all Content.
8. Ownership; Copyrights And Trademarks:
a) Ownership of Content. User acknowledges that as between User and Mosaic Health Solutions, LLC, ownership in and to the Product, the website and the Content and all intellectual property or other proprietary rights therein, shall remain with Mosaic Health Solutions, LLC. Without limiting any other legal rights or remedies Mosaic Health Solutions, LLC may have, User agrees that any and all use of the Content by User is governed by and shall be in compliance with United States patent, trademark, and copyright laws. Nothing in this Agreement shall be construed to give User ownership in the Product, the website or the Content. User acknowledges that User has no right to use the Content other than as set forth in this Agreement. All rights not expressly granted are reserved to Mosaic Health Solutions, LLC.
b) Reporting Infringement. By accessing and/or using the Product, Users agree to report to Mosaic Health Solutions, LLC all claims or suspected claims of copyright or other infringement of Mosaic Health Solutions, LLC's intellectual property or other proprietary rights. Claims of infringement should be directed to Mosaic Health Solutions, LLC's Product Development Team at 50 Jericho Turnpike, Suite 201, Jericho, NY 11746.
9. Termination and Effect of Termination:
a) Term and Termination. Mosaic Health Solutions, LLC may terminate this Agreement immediately if: (i) User violates this Agreement; (ii) Mosaic Health Solutions, LLC believes in good faith that User's conduct violates or may violate applicable law; or (iii) Mosaic Health Solutions, LLC believes in good faith that the conduct of User is harmful to the interests of Mosaic Health Solutions, LLC or other subscribers or users.
b) Effect of Termination. Prior to termination of this Agreement, Mosaic Health Solutions, LLC will attempt to notify User. Upon termination, all rights granted to User in the User Agreement will terminate and revert to Mosaic Health Solutions, LLC; all access to and use of Product, Content, and the Website by User must cease. In no event will any ownership rights in or to the Product, Content or Website be transferred to the User. All benefits in and to the Prodcut, Content and Website remain with Mosaic Health Solutions, LLC.
10. User Warranties. By accessing the Product and/or using the Content, User warrants as follows: (i) User will comply with the Agreement, as it may be amended pursuant to Section 3 above; (ii) User will not modify or alter Product and the Content; (iii) all copyright, patent, trademark and proprietary notices included with, attached to or embedded in the Product or the Content will be maintained without modification, obstruction or deletion, including but not limited to proper attribution to Mosaic Health Solutions, LLC as the owner of the Product and the source of the Content; (iv) all Log-In Information shall be maintained confidentially and (v) User is an individual located in the United States of America.
11. Disclaimer Of Warranties; Limitation of Liability. THE PRODUCT AND THE CONTENT ARE PROVIDED AS IS, AND ALL WARRANTIES OF ANY KIND, PAST OR PRESENT, WHETHER STATUTORY, COMMON-LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SECURITY AND, EXCEPT AS STATED IN THIS AGREEMENT, NON-INFRINGEMENT, ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. MOSAIC HEALTH SOLUTIONS, LLC DOES NOT WARRANT THAT THE PRODUCT MAY BE USED OUTSIDE THE UNITED STATES. MOSAIC HEALTH SOLUTIONS, LLC DOES NOT GUARANTEE OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR ACCURACY OF THE PRODUCT OR THE CONTENT, AND MOSAIC HEALTH SOLUTIONS, LLC DOES NOT GUARANTEE THAT THE PRODUCT IS ERROR-FREE, WITHOUT INTERRUPTION, OR AVAILABLE AT ALL TIMES. MOSAIC HEALTH SOLUTIONS, LLC DOES NOT WARRANT THAT PRODUCT OR CONTENT IS UP-TO-DATE OR COMPLETE. NO ORAL OR WRITTEN INFORMATION GIVEN BY MOSAIC HEALTH SOLUTIONS, LLC OR ITS EMPLOYEES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF MOSAIC HEALTH SOLUTIONS, LLC'S OBLIGATIONS IN THIS AGREEMENT, AND USER MAY NOT RELY ON ANY SUCH INFORMATION. USER'S SOLE AND EXCLUSIVE REMEDY IN THE EVENT OF ANY DISPUTE WITH RESPECT TO THE PRODUCT IS TO DISCONTINUE THEIR USE OF THE PRODUCT AND REQUEST THAT MOSAIC HEALTH SOLUTIONS, LLC TERMINATE THEIR REGISTRATION. IN NO EVENT SHALL MOSAIC HEALTH SOLUTIONS, LLC BE LIABLE FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR INDIRECT DAMAGES, HOWEVER CAUSED AND REGARDLESS OF THEORY OF LIABILITY.
12. We Do Not Provide Medical Advice. THE WEBSITE AND THE CONTENT AND PRODUCTS ARE DESIGNED FOR EDUCATIONAL PURPOSES ONLY. YOU SHOULD NOT RELY ON THIS INFORMATION AS A SUBSTITUTE FOR, NOR DO THEY REPLACE, PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. YOU SHOULD ALWAYS CONSULT WITH A PHYSICIAN OR OTHER HEALTH-CARE PROFESSIONAL. DO NOT DISREGARD, AVOID OR DELAY OBTAINING MEDICAL OR HEALTH RELATED ADVICE FROM YOUR HEALTH-CARE PROFESSIONAL BECAUSE OF SOMETHING YOU MAY HAVE READ ON THIS WEBSITE OR VIA THE CONTENT OR PRODUCTS. THE USE OF ANY INFORMATION PROVIDED ON THIS SITE OR THROUGH THE CONTENT OR PRODUCTS IS SOLELY AT YOUR OWN RISK.
NOTHING STATED OR POSTED ON THE WEBSITE OR AVAILABLE THROUGH ANY PRODUCT ARE INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, THE PRACTICE OF MEDICAL OR COUNSELING CARE, INCLUDING BUT NOT LIMITED TO, PSYCHIATRY, PSYCHOLOGY, PSYCHOTHERAPY, OR PROVIDING HEALTH CARE TREATMENT, INSTRUCTIONS, DIAGNOSIS, PROGNOSIS OR ADVICE.
13. Miscellaneous:
a) Law. This Agreement shall be construed and enforced under the laws of the State of New York without reference to the choice of law principles. User consents to and submits to the jurisdiction of the federal and state courts located in the State of New York. User waives any defenses based upon lack of personal jurisdiction, venue, or inconvenient forum. Mosaic Health Solutions, LLC makes no representation with respect to compliance with laws of territories outside of the United States.
b) Severability. If any provision of this Agreement is unenforceable, then such provision will be of no effect on any other provision hereof.
c) Waiver. No waiver of any breach of this Agreement will be deemed a waiver of any other breach of this Agreement.
d) Remedies. Rights and remedies granted in this Agreement are cumulative. The exercise of one shall not diminish or affect any other rights or remedies at law or in equity. User's sole remedy under this Agreement shall be an action at law for damages; User shall not be entitled to equitable relief.
e) Surviving Obligations. Each party's representations, warranties, indemnities and confidentiality obligations and the provisions regarding ownership of intellectual property, to the extent granted under this Agreement, shall survive the expiration or prior termination of this Agreement.
f) Controlling Language. This Agreement has been written in the English language, and all provisions of this Agreement shall be construed and interpreted in the English language as commonly used in the United States of America.
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