Terms of Use
Acceptance of Terms of Use.
As used in these Terms of Use “we” or “us” means HealthyJackson, and “you” means you, the user of this website. By using this website you agree to the following Terms of Use, which constitute a legally binding agreement between you and HealthyJackson. If you do not agree to these Terms of Use, do not use this website. By accessing, browsing and/or using this website, you acknowledge that you have read and understand these Terms of Use and agree to comply with and be bound by these Terms of Use. We reserve the right at any time and, from time to time, to modify these Terms of Use without notice to you. If we make any such changes, we will post the revised Terms of Use to this website, and will indicate the date and time the revised Terms of Use were published on this website, but will not provide any other notice to you. The most current version of the Terms of Use can be viewed by clicking on the “Terms of Use” hypertext link located at the bottom of the home page on this website. Your continued access or use of this website constitutes acceptance by you of these changes.
Use.
This website is intended for your personal and noncommercial lawful use. Subject to these terms and conditions, you may use this website, and the information made available on this website, for informational and noncommercial and personal use only. You may not use this website for any unlawful purpose. You agree not to disrupt, place unreasonable burdens or excessive loads on or otherwise interfere with the normal operation of this website or another user’s use and enjoyment of this website.
Copyright.
The information and other content of this website is protected by copyright under United States, and foreign laws. This website may contain other proprietary notices and copyright information, the terms of which must be observed. You may not use any information or other material on this website, including photographs and graphic images, in any manner that infringes any copyright, trademark or other proprietary right of any person. You may not reproduce or display or make derivative works or translations of any information or other content made available on this website. You have no right to distribute any information or other content made available on this website but you may download the informational material on this website solely for your personal, noncommercial use, provided you do not modify or alter that informational material in any way or delete or modify any copyright or trademark notice set forth in that informational material. This right does not extend to the design or layout of this website or to content that is not indicated for download. Any use of the information and other content of this website not expressly permitted by these Terms of Use may violate copyright, trademark, and other laws.
User Name and Password.
You will be given the opportunity to create an account by providing us with certain information, and you will choose a password and user name. You are responsible for maintaining the confidentiality and security of your password and user name. If you suspect that your user name or password is not secure due to unauthorized access, disclosure or use, you must promptly notify us and obtain a new user name and password. You are responsible for all use of the website using your user name and password. You may not access or use any other user’s account at any time without permission of the accountholder.
Use of the Internet or other Electronic Media.
Your use of this website and its contents is at your own risk. You understand that transmission of data or information (including communications by e-mail) over the Internet or other publicly accessible networks is not secure, and is subject to possible loss, interception or alteration while in transit. We do not assume any liability or obligation for any disclosure or interception of information or loss, damage or injury that you may incur as a result of any transmissions over the Internet or other publicly accessible networks in connection with your use of this website. This website is based in the United States. We do not represent or warrant that the content of this website is appropriate or available for use in all locations. Access to or downloading of the content of this website may not be legal in certain foreign countries. If you access this website from a foreign country, you are responsible for complying with the laws of the foreign jurisdiction.
Links.
This website may contain links to other websites. We make no representation or warranty in relation to any other website you might access through this website. When you use a link to access another website, please understand that it is independent from us, and that we have no control over the content on that website. A link to another website does not mean that we endorse or accept any responsibility for the content, use or otherwise of that website.
Privacy and Protection of Personal Information.
See, the “Privacy Statement” at the bottom of the home page for this website relating to the collection and use of personal information. The Privacy Statement as in effect from time to time is incorporated by reference into and made a part of these Terms of Use.
Reservation of Rights.
All rights not expressly granted by these Terms of Use are reserved to HealthyJackson. We reserve the right at all times to terminate your access to the website without notice for any reason whatsoever. Further, we reserve the right at any time and from time to time to modify this website, its features and functionality, in whole or in part without notice to you. We will not be liable to you or any third party for any modification, suspension, or termination of access to this website, or loss of related information.
Notice of Claimed Infringement.
Notices of claimed infringement pursuant to Tile 17, United States Code, §512(c)(3), should be sent to the following agent designated pursuant to Title 17, United States Code, §512(c)(2):
HealthyJackson
Email address: Privacy@HealthyJackson.org
Notice to United States Government Users.
This website and its contents and any information downloaded from this website is provided with "Restricted Rights" applicable to private and public licenses alike. Without limiting the foregoing, use, duplication, or disclosure by the United States Government is subject to restrictions as set forth in this Agreement and as provided in Federal Acquisition Regulation §§52.227-19, and 52.227-14, §227.7202 of the Defense Federal Acquisition Regulation Supplement, and other applicable provisions of the Federal Acquisition Regulations.
Limitation of Liability and Disclaimer.
USE OF THIS WEBSITE IS AT YOUR OWN RISK. THIS WEBSITE IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EXCEPT AS EXPRESSLY SET FORTH IN THESE TERMS OF USE. THE ENTIRE RISK ARISING OUT OF YOUR USE OR PERFORMANCE OF THIS WEBSITE REMAINS WITH YOU.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE MAKE NO REPRESENTATION, WARRANTY OR GUARANTY RELATING TO THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, QUALITY, ACCURACY, OR COMPLETENESS OF THIS WEBSITE, ANY DATA, INFORMATION, RECORD OR RESULTS AVAILABLE ON OR THROUGH THIS WEBSITE OR OBTAINED THROUGH OR RESULTING FROM THE USE OF THIS WEBSITE, FOR ANY PURPOSE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE MAKE NO REPRESENTATION, WARRANTY OR GUARANTY THAT THIS WEBSITE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, THAT THIS WEBSITE WILL BE TIMELY, UNINTERRUPTED, SECURE OR ERROR-FREE, THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED, OR THAT ANY DATA, INFORMATION, RECORD OR RESULTS OBTAINED FROM THE USE OF THIS WEBSITE WILL BE ACCURATE OR RELIABLE FOR ANY PURPOSE.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS, IMPLIED OR STATUTORY RELATING TO THIS WEBSITE, AND THE INFORMATION AVAILABLE ON OR THROUGH THIS WEBSITE, INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, LACK OF VIRUSES, AND NON-INFRINGEMENT OR ARISING OUT OF ANY COURSE OF DEALING OR USAGE OF TRADE OR BY COURSE OF PERFORMANCE.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE ARE NOT LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, COLLATERAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, WHETHER IN AN ACTION OF CONTRACT, EQUITY, STATUTORY OR STRICT LIABILITY, TORT (INCLUDING NEGLIGENCE) OR OTHER THEORY OF LIABILITY (INCLUDING BREACH OF WARRANTY), INCURRED BY YOU OR ANY OTHER PERSON ARISING OUT OF OR IN ANY WAY CONNECTED WITH OR RELATING TO THE USE OR PERFORMANCE OF THIS WEBSITE, ANY DELAY OR INABILITY TO ACCESS OR USE THIS WEBSITE, OR THE USE OR INABILITY TO USE, OR ANY ERROR, OMISSION OR INACCURACY CONTAINED IN, ANY DATA, INFORMATION, RECORD OR RESULTS OBTAINED THROUGH OR RESULTING FROM THE USE OF THIS WEBSITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES INCLUDING LIABILITY TO THIRD PARTIES OR ARISING FROM ANY FAILURE TO MEET ANY DUTY, INCLUDING ANY DUTY OF GOOD FAITH OR TO EXERCISE COMMERCIALLY REASONABLE CARE OR ARISING OUT OF ANY COURSE OF DEALING OR USAGE OF TRADE OR BY COURSE OF PERFORMANCE.
THE LIMITATIONS AND EXCLUSIONS SET FORTH ABOVE APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY OR ANY BREACH OR DEFAULT BY US.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.
Governing Law.
District of Columbia law and controlling United States federal law govern any action or proceeding relating to these Terms of Use, and your use of the website. Choice of law rules of any jurisdiction and the United Nations Convention on Contracts for the International Sale of Goods will not apply to any dispute under these terms of use. You and HealthyJackson agree to submit to the personal and exclusive jurisdiction of the courts located within the District of Columbia, USA.
Additional Disclaimers.
See, “Disclaimer Statement”, within the Privacy Policy, at the bottom of the home page for this website for additional disclaimers. The Disclaimer Statement as in effect from time to time is incorporated by reference into and made a part of these Terms of Use.
Copyright © 2006 HealthyJackson, All rights reserved.