Terms and Conditions

Use of Communication Services

The Covington Healthcare Associates web site and web-portal may contain bulletin board services, chat areas, news groups, forums, communities, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively). You agree to use these Communication Services only to post, send and receive messages and material that are proper. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:

  • Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
  • Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or other inappropriate information.
  • Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control rights thereto or have received all necessary consents.
  • Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer.
  • Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messaging.
  • Conduct or forward surveys, contests, pyramid schemes or chain letters.
  • Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.
  • Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other information or material contained in a file that is uploaded.
  • Restrict or inhibit any other user from using and enjoying the Communication Service.
  • Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
  • Harvest or otherwise collect information about others, including e-mail addresses, without their consent.
  • Violate any applicable laws or regulations.

Covington Healthcare Associates (CHA) has no obligation to monitor the Communication Services. However, Covington Healthcare Associates reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. Covington Healthcare Associates reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.

Covington Healthcare Associates reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process, governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in CHA's discretion.

Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. CHA does not control or endorse the content, messages or information found in any Communication Service and, therefore, CHA specifically disclaims any liability with regard to any actions resulting from your participation in any Communication Service.

Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.

No Unlawful or Prohibited Use

As a condition of your use of the CHA Web Site or Web-Portal, you warrant to CHA that you will not use the CHA Web Site or Web-Portal for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the CHA Web Site or Web-Portal in any manner which could damage, disable, overburden, or impair the CHA Site or interfere with any other party's use and enjoyment of the CHA Web Site or Web-Portal. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the CHA Web Site or Web-Portal.

Liability Disclaimer

The information, software, products, and services included in or available through the CHA Web Site and Web-Portal may include inaccuracies or typographical errors. Changes are periodically added to the information herein. CHA and/or its suppliers may make improvements and/or changes in the CHA Web Site and Web-Portal. Advice received via the CHA Web Site or Web-Portal should not be relied upon for personal, medical, legal or financial decisions and you should consult an appropriate health professional for specific advice tailored to your individual situation.

The CHA Web Site and Web-Portal and its information and services are for consumer education only. Nothing contained in these sites is considered, or to be used as a substitute for, medical care, medical advice, medical diagnosis or medical treatment. Information and services provided do not constitute or substitute for the diagnostic and treatment care of your doctor or other health care provider.

CHA advises all users to always seek the advice of a physician or other healthcare provider with questions regarding personal health or medical conditions. Never disregard, avoid or delay seeking advice from your doctor or other healthcare provider because of something you have read on the CHA Web Site or Web-Portal. Do not delay seeking medical advice if you suspect you have an undiagnosed medical condition. If you are experiencing a medical emergency, dial 911 or call for other emergency assistance.

Covington Healthcare Associates and/or its suppliers make no representations about the suitability, reliability, availability, timeliness, and accuracy of the information, software, products, services, and related graphics contained on the CHA Web Site or Web-Portal for any purpose. To the maximum extent permitted by applicable law, all such information, software, products, services and related graphics are provided "as is" without warranty or condition of any kind. CHA and/or its suppliers hereby disclaim all warranties and conditions with regard to this information, software, products, services and related graphics, including all implied warranties or conditions of merchantability, fitness for a particular purpose, title and non-infringement.

To the maximum extent permitted by applicable law, in no event shall CHA and/or its suppliers be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use of performance of the CHA Web Site or Web-Portal, with the delay or inability to use the CHA Web Site or Web-Portal or related services, the provision of or failure to provide services, or for any information, software, products, services and related graphics obtained through the CHA Web Site or Web-Portal, or otherwise arising out of the use of the CHA Web Site or Web-Portal, whether based on contract, tort, negligence, strict liability or otherwise, even if CHA or any of its suppliers has been advised of the possibility of damages. Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. If you are dissatisfied with any portion of the CHA Web Site or Web-Portal, or with any of these terms of use, your sole and exclusive remedy is to discontinue using the CHA Web Site and/or Web-Portal.

Termination/Access Restriction

Covington Healthcare Associates reserves the right, in its sole discretion, to terminate your access to the CHA Web Site and/or Web-Portal and related services or any portion thereof at any time, without notice. Use of the CHA Web Site and Web-Portal is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and CHA as a result of this agreement or use of the CHA Web Site or Web-Portal. CHA's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of CHA's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the CHA Web Site or Web-Portal or information provided to or gathered by CHA with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimer and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and CHA with respect to the CHA Web Site and/or Web-Portal and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and CHA with respect to the CHA Web Site and Web-Portal. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be drawn up in English.

Copyright and Trademark Notices

All contents of the Covington Healthcare Associates Web Site and Web-Portal are: Copyright 2008 Covington Healthcare Associates, LLC and/or its suppliers. All rights reserved.

Trademarks

The names of actual companies and products mentioned herein may be the trademarks of their respective owners.

Any rights not expressly granted herein are reserved.

Notices and Procedure for Making Claims of Copyright Infringement

Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement under United States copyright law should be sent to Service Provider's Designated Agent. ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE.

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