Last
Updated: June 15, 2020.
1.1 Ai Health Insights LLC (herein referred to as the “Company,” “we,” “us” or
“our”) provides and makes available this website (the “website”). All use
of the website is subject to the terms and conditions contained in this Terms
of Use agreement (the “agreement”). Please read this agreement carefully.
By accessing, browsing or otherwise using the website, you acknowledge
that you have read, understood, and agree to be bound by this agreement.
If you do not accept the terms and conditions of this agreement, you
shall not access, browse or use the website.
1.2 You understand and agree that we may change this agreement at any time
without prior notice. If we do this, we will post the changes on this
page and will indicate at the top of this page the date these terms were last
revised. You may read a current, effective copy of this agreement at any time
by selecting the “Terms of Use” link on the website. If any change to this
agreement is not acceptable to you, your must cease accessing, browsing and
otherwise using the website.
1.3 Your access to and use of the website is also subject to the Company’s
Privacy Policy located at http:aihealthinsights.com/privacy the terms and
conditions of which are hereby incorporated herein by reference.
2. Use of the website.
2.1 This website contains material, including but not limited to software,
text, graphics and images (collectively referred to as the “content”). We may
own the content or portions of the content may be made available to us through
arrangements that we have with our partners and third-parties. The content
is protected by United States and foreign intellectual property laws.
Unauthorized use of the content may result in violation of copyright,
trademark, and other laws. You have no rights in or to the content, and
you will not use, copy or display the content except as permitted under this agreement.
No other use is permitted without our prior written consent. You
must retain all copyright and other proprietary notices contained in the
original content on any copy you make of the content. You may not sell,
transfer, assign, license, sublicense, or modify the content or reproduce,
display, publicly perform, make a derivative version of, distribute, or
otherwise use the content in any way for any public or commercial purpose.
The use or posting of any of the content on any other website or in a
networked computer environment for any purpose is expressly prohibited. If you
violate any part of this agreement, your right to access and/or use the content
and website shall automatically terminate and you shall immediately destroy any
copies you have made of the content.
2.2 The trademarks, service marks, and logos of the Company (the “Company trademarks”)
used and displayed on this website are registered and unregistered trademarks
or service marks of the Company. Other company, product, and service
names located on the website may be trademarks or service marks owned by
third-parties (the “Third-Party trademarks”, and, collectively with the Company
trademarks, the “trademarks”). Nothing on this website or in this agreement
should be construed as granting, by implication, estoppel, or otherwise, any
license or right to use any trademark displayed on this website without the
prior written consent of the Company specific for each such use. The trademarks
may not be used to disparage the Company or the applicable third-party, the
Company’s or third-party’s products or services, or in any manner (using
commercially reasonable judgment) that may damage any goodwill in the trademarks.
Use of any trademarks as part of a link to or from any website is
prohibited without the Company’s prior written consent. All goodwill
generated from the use of any Company trademark shall accrue to the Company’s
benefit.
2.3. You agree not to: (a) take any action that imposes an unreasonable load on
the website’s infrastructure, (b) use any device, software or routine to
interfere or attempt to interfere with the proper working of the website or any
activity being conducted on the website, (c) attempt to decipher, decompile,
disassemble or reverse engineer any of the software comprising or making up the
website, (4) delete or alter any material posted on the website by the Company
or any other person or entity, or (5) frame or link to any of the materials or
information available on the website.
2.4 The website contains links to third-party websites (“external sites”).
These links are provided solely as a convenience to you and not as an
endorsement by us of the content on such external sites. The content of
such external sites is developed and provided by others. You should
contact the site administrator or Webmaster for those external sites if you
have any concerns regarding such links or any content located on such external
sites.
We are not responsible for the content of any linked external sites and do not
make any representations regarding the content or accuracy of any materials on
such external sites. You should take precautions when downloading files from
all websites to protect your computer from viruses and other destructive
programs. If you decide to access any external sites, you do so at your
own risk.
2.5 Certain elements of the website are protected by trade dress, trademark,
unfair competition, and other state and federal laws and may not be copied or
imitated in whole or in part, by any means, including but not limited to, the
use of framing or mirrors, except as otherwise expressly permitted by Section
2.1 of the agreement. None of the content for this website may be retransmitted
without the express written consent from the Company for each and every
instance.
3. Limitation of
Liability and Disclaimer of Warranties.
3.1 THE COMPANY, ITS AFFILIATES, THEIR RESPECTIVE OFFICERS, DIRECTORS,
EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS (COLLECTIVELY, THE “COMPANY
PARTIES“) MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE CONTENT, INCLUDING
BUT NOT LIMITED TO ITS ACCURACY, RELIABILITY, COMPLETENESS, TIMELINESS OR
RELIABILITY. THE COMPANY PARTIES SHALL NOT BE SUBJECT TO LIABILITY FOR
THE TRUTH, ACCURACY OR COMPLETENESS OF THE CONTENT OR ANY OTHER INFORMATION
CONVEYED TO THE USER OR FOR ERRORS, MISTAKES OR OMISSIONS THEREIN OR FOR ANY
DELAYS OR INTERRUPTIONS OF THE DATA OR INFORMATION STREAM FROM WHATEVER CAUSE.
YOU AGREE THAT YOU USE THE WEB SITE AND THE CONTENT AT YOUR OWN RISK.
THE COMPANY PARTIES DO NOT WARRANT THAT THE WEB SITE WILL OPERATE ERROR FREE OR
THAT THE WEB SITE, ITS SERVER, OR THE CONTENT ARE FREE OF COMPUTER VIRUSES OR
SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES. IF YOUR USE OF THE WEB SITE OR
THE CONTENT RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA,
NO COMPANY PARTY SHALL BE RESPONSIBLE FOR THOSE COSTS.
THE WEB SITE AND CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS
WITHOUT ANY WARRANTIES OF ANY KIND. THE COMPANY PARTIES DISCLAIM ALL
WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF TITLE,
MERCHANTABILITY, NONINFRINGEMENT OF THIRD PARTIES RIGHTS, AND FITNESS FOR
PARTICULAR PURPOSE.
3.2 IN NO EVENT SHALL ANY COMPANY PARTY BE LIABLE FOR ANY DAMAGES WHATSOEVER
(INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST
PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION)
RESULTING FROM THE USE OR INABILITY TO USE THE WEBSITE AND THE CONTENT, WHETHER
BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL
THEORY, EVEN IF SUCH COMPANY PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES.
3.3 SOME STATES DO NOT ALLOW THE DISCLAIMER OR EXCLUSION OF CERTAIN WARRANTIES
OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL
DAMAGES. ACCORDINGLY, IN SUCH STATES, SOME OF THE ABOVE LIMITATIONS MAY
NOT APPLY TO YOU OR BE ENFORCEABLE WITH RESPECT TO YOU, AND THE LIABILITY OF
THE COMPANY PARTIES SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
3.4 CERTAIN STATES MAY HAVE THEIR OWN STATE REGULATIONS. IF ANY PORTION
OF THESE SECTIONS IS HELD TO BE INVALID UNDER THE LAWS OF A PARTICULAR STATE,
THE INVALIDITY OF SUCH PORTION SHALL NOT AFFECT THE VALIDITY OF THE REMAINING
PORTIONS OF THE APPLICABLE SECTIONS.
4. Indemnification.
You agree to defend, indemnify, and hold harmless the Company Parties from and
against any claims, actions or demands, including, without limitation,
reasonable legal and accounting fees, arising or resulting from your breach of
this agreement or your access to, use or misuse of the content or website.
The Company shall provide notice to you of any such claim, suit, or
proceeding. The Company reserves the right to assume the exclusive
defense and control of any matter which is subject to indemnification under
this section. In such case, you agree to cooperate with any reasonable requests
assisting the Company’s defense of such matter.
5. Termination of the
agreement.
5.1 The Company reserves the right, in its sole discretion, to restrict,
suspend, or terminate this agreement and your access to all or any part of the website
or the content at any time and for any reason without prior notice or
liability. The Company reserves the right to change, suspend, or discontinue
all or any part of the website or the content at any time without prior notice
or liability.
5.2 Sections 2 (Use of the website), 3 (Limitation of Liability and Warranty),
4 (Indemnification), 5 (Termination of agreement), and 8 (Miscellaneous) shall
survive the termination of this agreement.
6. User Must Comply
with Applicable Laws.
6.1 The Company is headquartered in West Chester, PA, USA. We make no
claims concerning whether the content may be downloaded, viewed, or be
appropriate for use outside of the United States. If you access the website
or the content from outside of the United States, you do so at your own risk.
Whether inside or outside of the United States, you are solely
responsible for ensuring compliance with the laws of your specific
jurisdiction.
6.2 The United States controls the export of products and information. You
expressly agree to comply with such restrictions and not to export or re-export
any of the content to countries or persons prohibited under the export control
laws. By downloading the content, you are expressly agreeing that you are not
in a country where such export is prohibited or are a person or entity for which
such export is prohibited. You are solely responsible for compliance with the
laws of your specific jurisdiction regarding the import, export, or re-export
of the content.
7. U.S. Government
Restricted Rights.
The content is provided with “RESTRICTED RIGHTS.” Use, duplication, or
disclosure by the Government is subject to the restrictions contained in 48 CFR
52.227-19 and 48 CFR 252.227-7013 et seq. or its successor. Use of the website
or content by the Government constitutes acknowledgement of our proprietary
rights in the website and content.
8. Miscellaneous.
This agreement is governed by the internal substantive laws of the State of Pennsylvania.
You expressly agree to submit to the exclusive personal jurisdiction of the
state and federal courts sitting in the State of Pennsylvania. If any
provision of this agreement is found to be invalid by any court having
competent jurisdiction, the invalidity of such provision shall not affect the
validity of the remaining provisions of this agreement, which shall remain in
full force and effect. Failure of the Company to act on or enforce any
provision of the agreement shall not be construed as a waiver of that provision
or any other provision in this agreement. No waiver shall be effective
against the Company unless made in writing, and no such waiver shall be
construed as a waiver in any other or subsequent instance. Except as expressly
agreed by the Company and you, this agreement constitutes the entire agreement
between you and the Company with respect to the subject matter, and supersedes
all previous or contemporaneous agreements, whether written or oral, between
the parties with respect to the subject matter. The section headings are
provided merely for convenience and shall not be given any legal import.
This agreement will inure to the benefit of our successors, assigns, licensees,
and sublicensees. Any information submitted or provided by you to the website
might be publicly accessible. Important and private information should be
protected by you. The Company is not liable for protection of privacy of
electronic mail or other information transferred through the Internet or any
other network that you may use.
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