IMPORTANT: If you are having or may be having a medical emergency, call your physician or 9-1-1 now.
Anschutz Media, Inc. (we or "Anschutz Media") operates an Internet-based health information and communication service including all text, content, information and data (collectively the "Content") available on this software application and on any web site associated with this software application (collectively the "Service"), and provides users with access to the Service subject to the terms and conditions of these Terms of Service (collectively the "Agreement").
The Uphealth Service and Content are for informational purposes only. The Content is not intended to be and should not be interpreted as a substitute for professional medical advice, diagnosis or treatment. Always seek the advice of a physician or other qualified healthcare provider with any questions regarding a medical condition. Never disregard professional medical advice or delay in seeking such advice because of Content on the Service.
Your use of the Service does not create a doctor/patient relationship. THE SERVICE DOES NOT OFFER MEDICAL ADVICE AND NOTHING CONTAINED IN THE CONTENT IS INTENDED TO CONSTITUTE PROFESSIONAL ADVICE FOR MEDICAL DIAGNOSIS OR TREATMENT. You should not use the Service to diagnose or treat a health or wellness problem or a medical disease.
Anschutz Media does not recommend or endorse any specific tests, physicians, products, procedures, opinions or other information that may be mentioned in the Service. Reliance on any information provided by the Service, the Content, Anschutz Media, Anschutz Media employees, others appearing on the Service at the invitation of Anschutz Media, or other users of the Service is solely at your own risk. Anschutz Media disclaims all responsibility for the professional qualifications and licensing of, and services provided by, any physician or other healthcare provider, or any attorney or other legal services provider, referred to on the Service and/or any third-party web site.
The Service may contain health- or medical-related materials that are sexually explicit. If you may find such materials offensive, you should not use the Service.
Anschutz Media is committed to protecting the privacy of children and teens. The Service is not intended or designed to attract anyone under the age of 18. Anschutz Media does not collect personally identifiable information from any person that is known to be a child or teen under the age of 18.
Anschutz Media hereby grants you, subject to the terms and conditions of this Agreement, the right to view and use the Service. You may download and/or print a copy of the Content for your personal and non-commercial use only (the "Permitted Uses") provided the Content is not modified in any way and all copyright and other proprietary notices are kept intact. You agree to use the Content lawfully and only for the Permitted Uses. No other use of the Content is permitted.
Permission to reprint or electronically reproduce any document or graphic in whole or in part for any other purpose is expressly prohibited, unless prior written consent is obtained from the respective copyright holder(s). Furthermore, you may not sell, resell, modify, reverse engineer, decompile, disassemble, frame or create derivative works of or otherwise exploit for any commercial purpose the Service or any portion thereof, without our prior written consent in each instance. Any special rules for the use of certain software and other items accessible on the Service may be included elsewhere within the Service and are incorporated into these Terms of Service by reference.
The Content is protected by copyright under both United States and foreign laws. Title to the Content remains with Anschutz Media or its licensors. Any use of the Content not expressly permitted by these Terms of Service is a breach of these Terms of Service and may violate copyright, trademark and other laws. The Service and Content are subject to change or termination without notice at the discretion of Anschutz Media. All rights not expressly granted herein are reserved to Anschutz Media and its licensors.
If you violate any of these Terms of Service, your permission to use the Content automatically terminates and you must immediately destroy any copies you have made of any portion of the Content.
Use of the Uphealth Service and the Content is at your own risk.
When using the Uphealth Service, information will be transmitted over a medium that may be beyond the control and jurisdiction of Anschutz Media and its suppliers. Accordingly, Anschutz Media 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 Service, or that results from the act or omission of any other party involved in making the Service or the Content contained thereon available to you.
The Service and the Content are provided on an "as is" basis. ANSCHUTZ MEDIA, 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-INFRINGEMENT OF THIRD PARTY RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE. ALTHOUGH WE MAY UPDATE THE SERVICE AND THE CONTENT FROM TIME TO TIME, PLEASE NOTE THAT HEALTHCARE INFORMATION CHANGES FREQUENTLY. THEREFORE, SOME OF THE INFORMATION MAY BE OUT OF DATE AND/OR MAY CONTAIN ERRORS. BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, THESE EXCLUSIONS MAY NOT APPLY TO YOU.
Without limiting the foregoing, Anschutz Media, its licensors and its suppliers make no representations or warranties about the following:
1. The accuracy, reliability, completeness, currentness or timeliness of the Content, application, text, graphics or communications provided on or through the use of the Service or Uphealth.
2. 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 Service or Uphealth.
In no event shall Anschutz Media, its licensors, its suppliers or any third parties mentioned on the Service 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 Service or the Content, whether based on warranty, contract, tort or any other legal theory, and whether or not Anschutz Media is advised of the possibility of such damages.
Anschutz Media is not liable for any personal injury, including death, caused by your use or misuse of the Service or the Content. Any claims arising in connection with your use of the Service or the Content must be brought within one (1) year of the date of the event giving rise to such action occurred. Remedies under these Terms of Service are exclusive and are limited to those expressly provided for in these Terms of Service.
Uphealth accounts are secured using passwords. You are responsible for taking all reasonable steps to ensure that no unauthorized person shall have access to your passwords. It is your sole responsibility to (1) control the dissemination and use of passwords; (2) authorize, monitor and control access to and use of your Uphealth passwords; (3) promptly inform Uphealth of any security breaches. You grant Uphealth and all other persons or entities involved in the operation of the Service the right to transmit, monitor, retrieve, store and use your information in connection with the operation of the Service. Uphealth cannot and does not assume any responsibility or liability for any information you submit, or your or third parties' use or misuse of information transmitted or received using the Service or the Content.
Uphealth may provide links to third-party web sites. Uphealth may also select certain advertisers or sponsors for priority placement given certain user actions or user settings. Anschutz Media does not recommend and does not endorse the content on any third-party web sites or services. Anschutz Media is not responsible for the content of linked third-party web sites, web sites referred to on the Service or in the Content, third-party web sites provided in response to medical conditions or care actions, or third-party advertisements, and 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 and conditions of use for such web sites. Anschutz Media does not endorse any product, service or treatment advertised on the Service.
The trademarks, logos and service marks (collectively the "Trademarks") displayed on the Service are registered and unregistered trademarks of Anschutz Media, its affiliates and others. Nothing contained on the Service should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Trademark displayed on the Service without the written permission of Anschutz Media or such third party that may own the trademark displayed on the Service. Your misuse of the Trademarks displayed on the Service, or any of the Content on the Service, except as provided herein, is strictly prohibited.
You agree to defend, indemnify and hold Anschutz Media, its officers, directors, employees, agents, information providers, partners, advertisers 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, (a) your use of the Service or the Content, or (b) your violation of these Terms of Service (including infringement of third parties' worldwide intellectual property rights or negligent or wrongful conduct) by you or any other person accessing the Service using your installation of Uphealth.
Anschutz Media is based in San Francisco, California, in the United States of America. Anschutz Media makes no claims that Uphealth, the Service and the Content are 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 Service from outside the United States, you do so at your own risk and are responsible for compliance with all applicable laws and regulations of your jurisdiction.
The following provisions survive the expiration or termination of this Agreement for any reason whatsoever: Use of Content, Liability of Anschutz Media and Its Licensors, Indemnity, Jurisdiction, Termination and Assignment, and Complete Agreement.
Provisions of the (a) Liability of Anschutz Media and Its Licensors and (b) Indemnity sections are for the benefit of third parties. Each of the third parties shall have the right to assert and enforce those provisions directly against you on its own behalf.
You represent and warrant that you are at least 18 years of age and that you possess the legal right and ability to enter into this Agreement and to use the Service in accordance with this Agreement. You agree to be financially responsible for your use of the Service [as well as for use of your Uphealth installation by others (whether authorized or unauthorized), including use by any minors living with you] and to comply with your responsibilities and obligations as stated in this Agreement.
You expressly agree that exclusive jurisdiction for any dispute with Uphealth, or in any way relating to your use of the Service, 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 Anschutz Media or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers and content providers.
This Agreement is governed by the internal substantive laws of the State of California, without respect to its conflict of laws principles. If any provision of this Agreement is found to be invalid or unenforceable by any court having competent jurisdiction, the invalidity or unenforceability of such provision shall not in any way affect the validity or enforceability of the remaining provisions of this Agreement, which shall remain in full force and effect. No waiver of any of these Terms of Service shall be deemed a further or continuing waiver of such term or condition or any other term or condition.
Anschutz Media may terminate your use of the Service at any time without notice to you. We may assign our rights and duties under this Agreement to any party at any time without notice to you. You may not assign this Agreement to anyone else.
Thank you for your cooperation. We hope you find Uphealth helpful. Questions or comments regarding the Service or the Content should be directed by email to email@example.com or via U.S. mail to Anschutz Media at 497 Elizabeth Street, San Francisco, CA 94114.
Effective: July 30, 2014