Terms of Service

These Terms of Use govern your access to and use of this website (the "Site") and any information, text, graphics, collection of search results, or other materials appearing on the Site (the "Content"). Your access to and use of the Site and the Content are expressly conditioned on your compliance with these Terms of Use and by accessing or using the Site and the Content you agree to be bound by these Terms of Use.

Modification of Terms of Use

You acknowledge and agree that Health2009 Corporation ("Health2009") may revise these Terms of Use from time to time. By continuing to access or use the Site or the Content after Health2009 makes any such revision, you agree to be bound by the revised Terms of Use.

Disclaimer; This Site Does Not Provide Medical Advice or Other Health Services

Use of the information provided by this Site is at your own risk. The Content provided by the Site and use of information obtained by using the Site is for informational purposes only and is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always consult your doctor or other qualified healthcare provider with any questions you may have regarding a medical condition. If you have a medical emergency, call your doctor or dial 911 immediately. Health2009 does not endorse, recommend, evaluate or guarantee any specific physicians, products, procedures, medical theories, or other information appearing in the search results, and hereby disclaims any and all liability relating to any use thereof. Your access to and use of the Site and the Content is at your own risk. Health2009 assumes no responsibility for any harm to your computer system, loss of data, or other harm that results from your access to or use of the Site or the Content, and disclaims any and all liability relating thereto.

Links

Much of the Content provided by the Site comprises search results consisting of links to third-party websites over which Health2009 exercises no control. These search results are generated automatically by Health2009's computers and search software. As a result some of the results may link to websites that are missing, out-of-date, inaccurate, inappropriate, objectionable, or offensive. You acknowledge and agree that Health2009 is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources and Health2009 hereby disclaims any and all liability relating thereto. Links to such websites or resources do not imply any endorsement by Health2009 of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.

Health2009 Property

All right, title, and interest in and to the Site and the Content, as applicable, are and will remain the exclusive property of Health2009 and its licensors. The Site and the Content are protected by copyright, trademark, and other laws of both the United States and foreign countries. Except as permitted in these Terms of Use, you may not reproduce, modify or prepare derivative works based upon, distribute, sell, transfer, publicly display, publicly perform, transmit, or otherwise use the Site or the Content. You may not copy or modify the HTML code used to generate web pages on the Site.

Your Use of the Content

You may access and use the Site and the Content for your personal, non-commercial use only. You agree not to use the Site or the Content to sell products or services, to increase traffic to other websites, or for other commercial purposes.

General Prohibitions

You agree not to do any of the following while using the Site or Content:

  • Access, tamper with, or use non-public areas of the Site, Health2009's computer systems, or the technical delivery systems of Health2009's providers;
  • Attempt to probe, scan, or test the vulnerability of any system or network or breach any security or authentication measures;
  • Attempt to access or search the Site or the Content with any engine, software, tool, agent, device or mechanism other than the software and/or search agents provided by Health2009 or other generally available third party web browsers (such as Microsoft Internet Explorer or Netscape Navigator);
  • Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Site or the Content;
  • Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Site; or
  • Impersonate or misrepresent your affiliation with any person or entity.
  • Send automated queries of any sort to Health2009's system without express permission from Health2009.

Termination

If you violate any of these Terms of Use, your permission to use the Site and the Content will automatically terminate. Health2009 also reserves the right to cease providing or to change the Site or the Content at any time and without notice.

The Site is Available "AS-IS"

THE SITE AND THE CONTENT ARE PROVIDED "AS IS", WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, COSMIX EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT.

COSMIX MAKES NO WARRANTY THAT THE SITE AND THE CONTENT WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. COSMIX MAKES NO WARRANTY REGARDING THE QUALITY OF ANY PRODUCTS, SERVICES, OR INFORMATION PURCHASED OR OBTAINED THROUGH THE SITE OR CONTENT, OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SITE OR CONTENT.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM COSMIX OR THROUGH THE SITE AND THE CONTENT, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

Indemnity

You agree to defend, indemnify, and hold harmless Health2009, its officers, directors, employees and agents, from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with your access to or use of the Site or the Content, or your violation of these Terms of Use.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER Health2009 NOR ANY OTHER party involved in creating, producing, or delivering the SITE AND THE CONTENT will be liable for any DIRECT, incidental, SPECIAL, consequential or PUNITIVE damages resulting from your access to or use of, or inability to access or use, the SITE AND THE CONTENT, whether based on warranty, contract, tort (INCLUDING NEGLIGENCE) or any other legal theory, whether or not COSMIX has been informed of the possibility of such damage, EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PUrPOSE. YOU SPECIFICALLY ACKNOWLEDGE THAT COSMIX IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. FURTHER, COSMIX WILL HAVE NO LIABILITY TO YOU OR TO ANY THIRD PARTY FOR ANY THIRD-PARTY CONTENT UPLOADED ONTO OR DOWNLOADED FROM THE SITE.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

Force Majeure

Without limiting the foregoing, under no circumstances will Health2009 be held liable for any delay or failure in performance due in whole in or in part to any acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, software bugs, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, earthquakes, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning.

Severability

In the event that any provision of these Terms of Use is held to be invalid or unenforceable, the remaining provisions of these Terms of Use will remain in full force and effect.

Waiver

The failure of Health2009 to enforce any right or provision of these Terms of Use will not be deemed a waiver of such right or provision.

Controlling Law and Jurisdiction

These Terms of Use and any action related thereto will be governed by the laws of the State of California without regard to its conflict of law provisions. The exclusive jurisdiction and venue of any action with respect to the subject matter of these Terms of Use will be the state and federal courts located in San Francisco County, California, and each of the parties hereto waives any objection to jurisdiction and venue in such courts.

Entire Agreement

These Terms of Use are the entire and exclusive agreement between Health2009 and you regarding the Site and the Content, and these Terms of Use supersede and replace any prior agreements between Health2009 and you regarding the Site and the Content.