Healthium :: Terms & Conditions

Terms & Conditions

Agreement

Telehealth Broadband grants you a limited license to access and make personal, non-commercial use of this Site but not to download (other than page caching) or modify it or any portion of it without the express written consent of Telehealth Broadband. This license does not include: any resale or commercial use of this Site or any content on this Site; any collection or use of any product listings, descriptions or prices; any derivative use of this Site or any content on this site; any downloading or copying of this Site or any content on this site for the benefit of another person or entity; or any use of data mining, robots or similar data gathering or extraction tools. This Site and the content on this Site may not be reproduced, duplicated, copied, sold, resold, visited or otherwise exploited for any commercial purpose without the express written consent of Telehealth Broadband. You may not frame or utilize framing techniques to enclose any trademark, logo or other proprietary information (including, without limitation, images, text, page layouts or forms) of Telehealth Broadband or its affiliates, vendors, contractors, agents or content providers without the express written consent of Telehealth Broadband. You may not use any meta tags or any other "hidden text" utilizing Telehealth Broadband or any of its affiliates' names or trademarks without the express written consent of Telehealth Broadband. Any unauthorized use or use in excess of one's authorized use terminates the limited license granted by Telehealth Broadband. In addition, Telehealth Broadband may revoke your limited license at any time at its sole and absolute discretion.

top

Copyright Notice

Notice and Procedure for Copyright Infringement Claims Pursuant to 17 U.S.C. Section 512, as amended by Title II of the Digital Millennium Copyright Act (the "Act"), Telehealth Broadband reserves the right to terminate a person's use of this Site and any services or information provided at or through this Site, if Telehealth Broadband determines in its sole and absolute discretion that the person is engaged in any activity that may be infringing, including, without limitation, alleged acts of first-time or repeat infringement, regardless of whether the material or activity is ultimately determined to be infringing. Telehealth Broadband accommodates and does not interfere with standard technical measures used by copyright owners to protect their materials. In addition, pursuant to the Act, Telehealth Broadband has implemented procedures for receiving written notification of claimed infringements and for processing such claims in accordance with the Act. Telehealth Broadband's designated agent to receive such notification of claimed infringement is:

Telehealth Broadband, LLC
600 Congress, Suite 200
Austin, Texas 78701
admin@healthium.com

In addition, any written notice regarding any defamatory or infringing activity, whether of a copyright, patent, trademark or other proprietary right, should be sent to Telehealth Broadband's designated agent listed above, and must include the following information:

(i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

(ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; and, similarly, for other types of infringing materials, a list of such materials;

(iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Telehealth Broadband to locate the material;

(iv) Information reasonably sufficient to permit Telehealth Broadband to contact the complaining party, such as an address, telephone number, and, if available, an email address at which the complaining party may be contacted;

(v) A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner or other proprietary right owner, its agent, or the law; and

(vi) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

top

Trademark Notice

Any word, name, symbol or device bearing the symbol "TM", "SM" or "(r)" or any similar indication is a trademark or service mark of Telehealth Broadband, any of its affiliates, vendors, contractors, agents or content providers, or a third party. No right or license related to any trademark is provided to users of this Site. Unauthorized use of any trademark appearing on this Site is strictly prohibited. Further information regarding ownership of any trademark appearing on this Site can be obtained by sending an email message to admin@healthium.com.

top

Privacy

If you post or submit to this Site information, emails, content or suggestions ("Submitted Content"), you grant Telehealth Broadband and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute and display your Submitted Content throughout the world in any media. You grant Telehealth Broadband and its affiliates and sublicensees the right to use the name that you submit in connection with your Submitted Content, if they choose. You represent and warrant: that you own or otherwise control all of the rights to your Submitted Content; that your Submitted Content is accurate; that use of your Submitted Content does not violate these policies and will not cause injury to any person or entity; and that you will indemnify Telehealth Broadband and its affiliates and sublicensees for all losses, damages and claims directly or indirectly caused by, arising out of or relating to your Submitted Content. Telehealth Broadband has the right but not the obligation to monitor, edit and/or remove any Submitted Content. Telehealth Broadband takes no responsibility and assumes no liability for any Submitted Content from you or any third party.

top

Links to Other Sites

This Site may provide links to third party websites or resources or materials provided by third parties, through hypertext links, framing techniques or other means (collectively "Other Links and Content"). Because Telehealth Broadband has no control over any Other Links and Content, you acknowledge and agree that Telehealth Broadband is not responsible for the accuracy, completeness, usefulness, adequacy, reliability, availability, content or use of any Other Links and Content. Other Links and Content are meant solely for your convenience. The provision of Other Links and Content does not constitute any recommendation, sponsorship, endorsement or approval thereof by Telehealth Broadband. You acknowledge and agree that Telehealth Broadband will not be liable to you or any third party for any loss, damage or claim directly or indirectly caused by, arising out of or related to your access to, use of or reliance on any Other Links and Content, or any information, goods or services available on or through any Other Links and Content.

top

DISCLAIMERS

Telehealth Broadband and its affiliates, vendors, contractors, agents and content providers do not warrant that this Site, the Materials or the Other Links and Content, including, without limitation, any descriptions of any products or services contained in this Site, the Materials or the Other Links and Content, are accurate, complete, useful, adequate, reliable, current or error-free. Telehealth Broadband and its affiliates, vendors, contractors, agents or content providers may make changes to this Site, the Materials and the Other Links and Content, including, without limitation, the information, products and services contained or described therein, at any time without notice. However, Telehealth Broadband makes no commitment to update this Site, the Materials or the Other Links and Content.

Telehealth Broadband assumes no responsibility, and will not be liable for, any damages to or viruses, trojan horses, trap doors, back doors, worms, time bombs, cancelbots or other computer programming routines that may infect or affect your computer equipment or other property on account of your access to, browsing in or use of this Site, any emails sent from Telehealth Broadband or any of its affiliates, your use or downloading of any Material from this Site or your access to or use of any Other Links and Content.

top

Acceptable Use

Telehealth Broadband retains the right to delete any posting or to prevent the posting of any Material to this Site at its sole and absolute discretion without notice. Telehealth Broadband further retains all of its other rights and remedies, including, without limitation, the right to terminate, deactivate and/or delete your account, your password and/or information and files in your account, and/or otherwise prevent or disable your access to this Site, at its sole and absolute discretion without notice. You agree that Telehealth Broadband and its affiliates, vendors, contractors, agents, content providers, officers, directors, investors, employees and partners will not be liable to you for any such deletion, prevention or termination. Telehealth Broadband also retains the right to file criminal charges and/or instigate civil actions as permitted by these Terms and Conditions and applicable laws and regulations.

top

Applicable Laws

This Site is controlled by Telehealth Broadband from its offices within the United States of America. Telehealth Broadband makes no representation that the Materials on this Site are appropriate or available for use in other locations, and access to such Materials from territories where their content is illegal is prohibited. Those who choose to access this Site from locations outside the United States of America do so on their own initiative and are responsible for compliance with applicable local, state, provincial, national and international laws. You may not use or export the Materials on this Site in violation of U.S. export laws and regulations. Any dispute, controversy or claim directly or indirectly caused by, arising out of or relating to this Site, the Materials on this Site or the Other Links and Content will be governed by the internal substantive laws of the State of Texas, except its provisions related to the conflict of laws.

top

Disputes

Any dispute, controversy or claim directly or indirectly caused by, arising out of or relating to your accessing, browsing or using this Site, any Materials on this Site or any Other Links and Content will be submitted to confidential, mandatory and binding arbitration in Austin, Texas, except that, to the extent you have in any manner violated or threatened to violate Telehealth Broadband's or any of its affiliate's patents, copyrights, trademarks, trade secrets or other intellectual property rights, Telehealth Broadband may seek injunctive or other appropriate relief in any state or federal court in the state of Texas, and you consent to exclusive jurisdiction and venue in such courts. The arbitration will be conducted on an expedited basis before a single arbitrator under the Commercial Arbitration Rules then prevailing of the American Arbitration Association (as modified by this paragraph). The arbitrator's award will be final and binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement will be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.