The Services is offered and available to users who are 13 years of age or older. By using the Services, you represent and warrant that you meet the foregoing eligibility requirement. If you do not meet this requirement, you must not access or use the Services.
PLEASE BE AWARE THAT THESE TERMS INCLUDE LIMITATIONS ON THE LIABILITY OF Apicalhealth AND OUR OBLIGATIONS RELATING TO THE SERVICES, CERTAIN CONDITIONS WITH RESPECT TO JURISDICTION, AND CERTAIN EXCLUSIONS OF Apicalhealth’S RESPONSIBILITY.
THE SERVICES DO NOT PROVIDE MEDICAL ADVICE.
The Contents of the Apicalhealth Services, such as text, graphics, images, information obtained from Apicalhealth’s licensors, and other material contained of the Apicalhealth Services (“Content”) are for informational purposes only. The content is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health provider with any question you may have regarding a medical condition.
If you think you may have a medical emergency, call your doctor or 911 immediately. Apicalhealth does not recommend or endorse any specific tests, physician, products, procedures, opinions, or other information that may be mentioned on the Services. Reliance on any information provided by Apicalhealth, Apicalhealth employees, others appearing on the Services at the invitation of Apicalhealth, or other visitors to the Services is solely at your own risk. The Services may contain health-or-medical- related materials that are sexually explicit. If you find these materials offensive, you may not want to use our Site.
Unless otherwise noted, all Contents on the Services, whether publicly posted or privately transmitted, as well as all derivative works are property owned, controlled, licensed or used with permission by Apicalhealth, and/or its parents, subsidiaries and affiliates or other parties that have licensed to or otherwise permitted their material to be used by Apicalhealth. The Services as a whole and their Contents are protected by copyright, trademark, trade dress and other laws and all worldwide right, title and interest in and to the Services and its Contents are owned by Apicalhealth or used with permission. Apicalhealth.com, Apicalhealth, the Apicalhealth logos, and all other trademarks appearing on the Services are trademarks of Apicalhealth or are licensed or used with permission of the owner by Apicalhealth. You agree not to display or use such trademarks without Apicalhealth’s prior written permission. Apicalhealth disclaims any proprietary interest in trademarks, service marks, logos, slogans, domain names and trade names other than its own.
The information presented on or through the Services is made available solely for general information purposes. We may update the content on this Services from time to time, but the content is not necessarily complete or up-to-date. Any of the material on the Services may be out of date at any given time, and we are under no obligation to update such material.
You are prohibited from violating or attempting to violate the security measures on the Services, including, without limitation:
Using a false password or one belonging to another user or accessing data not intended for the user or logging into a server or account which such user is not authorized to access;
Disclosing a password or permitting a third party to use a password or failing to notify us if a password is compromised;
Attempting to probe, scan or test the vulnerability of the system or network or to breach security or authentication measures without proper authorization;
Attempting to interfere with service to any user, host or network, including, without limitation, via means of overloading, “flooding”, “mail bombing” or “crashing”;
Sending unsolicited e-mail or commercial electronic messages, including promotions and/or advertising of products or services;
Forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting; or
Hijacking all or any part of the Services content, deleting or changing any Services content, deploying pop-up messages or advertising, running or displaying this Services or any Services content in frames or through similar means on another website, or linking to the Services or any page within the Services, without our specific written permission.
You agree to use the Services only for lawful purposes and only for your own personal, non-commercial use. You may not use the Services to transmit, post, download, distribute, copy, display publicly, store or destroy material (a) in violation of any applicable law or regulation, (b) in a manner that will infringe the copyright, patent, trademark, trade secret or other intellectual property rights of others or violate the privacy or publicity or other personal rights of others, or (c) that is libelous, obscene, offensive, threatening, defamatory, abusive or hateful.
We have absolute discretion to determine if any use violates these rules, and to act as we deem appropriate in the event of any violation. Violations of system or network security may result in civil or criminal liability. We will investigate occurrences which may involve such violations and may involve, cooperate with, and make disclosures to, law enforcement authorities in identifying and prosecuting users who are involved in such violations.
LIABILITY OF Apicalhealth AND ITS LICENSORS
BECAUSE SOME JURISDICTIONS DO NOT ALLOW EXCLUSIONS OF IMPLIED WARRANTIES, LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE BELOW LIMITATIONS MAY NOT APPLY TO YOU.
The use of the Apicalhealth Services and the Content is at your own risk. When using the Apicalhealth Services, information will be transmitted over a medium that may be beyond the control and jurisdiction of Apicalhealth and its suppliers. Accordingly, Apicalhealth 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 Apicalhealth Services.
The Apicalhealth Services and the Content are provided on an “as is” basis. Apicalhealth, ITS LICENSORS, AND ITS SUPPLIERS, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE. Without limiting the foregoing, Apicalhealth, 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 Apicalhealth Services or Apicalhealth.
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 Apicalhealth Services.
ADVERTISEMENTS, SEARCHES AND LINKS TO OTHER SITES
Apicalhealth is based in San Francisco, CA, in the United States of America. Apicalhealth makes no claims that Apicalhealth Content is appropriate or may be downloaded outside of the United States. Access to the Content may not be legal by certain persons or in certain countries. If you access the Apicalhealth Services from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.
The following provisions survive the expiration or termination of this Agreement for any reason whatsoever: Location; Survival, Liability of Apicalhealth and its Licensors, User Submissions, Indemnity, Jurisdiction, No Waiver, and Complete Agreement.
You expressly agree that exclusive jurisdiction for any dispute with Apicalhealth, or in any way relating to your use of the Apicalhealth Services, resides in the courts of the State of California and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the State of California in connection with any such dispute including any claim involving Apicalhealth or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers, and content providers.
All comments, feedback, suggestions, ideas, and other submissions disclosed, submitted or offered to Apicalhealth on or by the Services or otherwise disclosed, submitted or offered in connection with your use of the Services (collectively, “Comments”) shall be and remain Apicalhealth’s property. Such disclosure, submission or offer of any Comments shall constitute an assignment to Apicalhealth of all worldwide right, title and interest in all copyrights and other intellectual properties in the Comments. Apicalhealth is and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay to user any compensation for any Comments; or (3) to respond to any user Comments.
You agree that none of the Comments submitted by you to the Services will violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s). You further agree that none of the Comments submitted by you to the Services will be or contain libelous or otherwise unlawful, abusive or obscene material. You are and shall remain solely responsible for the content of any Comments you make.
Without limiting the generality of the foregoing, Apicalhealth shall have the right to:
Remove or refuse to post any Comments for any or no reason in our sole discretion.
Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Services.
Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Services. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
However, we cannot review all material before it is posted on the Services, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, to the fullest extent permitted by applicable law, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
NOTICES FOR REPORTING AND MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
This policy is intended to comply with the requirements of the Online Copyright Infringement Liability Limitation Act and the Digital Millennium Copyright Act.
Apicalhealth will investigate notices of copyright infringement and take appropriate actions under the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c)(2) (“DMCA”). If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Apicalhealth’s copyright agent the written information specified below:
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest
- A description of the copyrighted work that you claim has been infringed upon
- A description of where the material that you claim is infringing is located on the Services
- Your address, telephone number, and e-mail address
- A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf