Terms of service
Last Updated: December 20, 2012
1. Ownership and Use of Web Site and Services. All of the content featured or displayed on the Web Site,including without limitation text, graphics, photographs, images, moving images, sound, and illustrations("Content"), is owned by HPC, its licensors, vendors, agents and/or its Content providers. All elementsof the Web Site, including without limitation the general design and the Content, are protected by tradedress, copyright, moral rights, trademark, and other laws relating to intellectual property rights. Exceptas may be otherwise indicated in specific documents within the Web Site, you are authorized to view,play, print, and download documents, audio, and video found on our Web Site for personal, informational,and noncommercial purposes only. You may not modify any of the materials and you may not copy,distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer,or sell any information or work contained on the Web Site. You shall comply with all applicable domesticand international laws, statutes, ordinances, and regulations regarding your use of the Web Site and theServices. The Web Site and the Services may only be used for the intended purpose for which such WebSite and Services are being made available.
Unauthorized access, distribution, reproduction, copying, retransmission, publication, sale,exploitation (commercial or otherwise), or any other form of transfer of any portion of the Web Siteis hereby expressly prohibited. Sending unsolicited email, solicitations, or advertisements to any userof the Web Site is expressly prohibited by these Terms of Service.
2. License & Submission Policy. At various points on the Web Site, HPC may invite you to submit usercontent that they have created, e.g., to post commentary and photos (“User Submissions”). By submittingcontent to the Web Site, you expressly grant HPC a non-exclusive, perpetual, irrevocable, royalty-free,fully paid-up, worldwide, fully sub-licensable right (including moral rights) to use, reproduce, modify,adapt, publish, translate, create derivative works from, distribute, transmit, perform, and display such UserSubmissions (in whole or in part) and your name, voice, and/or likeness, in any form and in any mediaor technology whether now known or hereafter discovered, and for any purpose including promotion,advertising, marketing, merchandising, publicity, and any other ancillary uses thereof. You also permit anyuser to access, display, view, store, and reproduce such User Submissions for personal use. By submittingany User Submissions, you hereby expressly permit HPC to identify you as the contributor of such UserSubmissions in any media now known or later developed.
Any User Submissions are deemed non-confidential and HPC shall be under no obligation to maintainthe confidentiality of any information, in whatever form, contained in any User Submission. Pleasecarefully consider the information you choose to submit to the Web Site, including, but not limited to, anycommentary, photograph, or mailing or email address. You should not include your telephone number,street address, or last name in any User Submission. HPC assumes no responsibility for the deletion of orfailure to store User Submissions.
HPC reserves the right, in its sole discretion, to refuse to accept any User Submissions and to remove anyUser Submissions from the Web Site.
3. Inappropriate User Submissions. HPC does not seek, and you agree that you will not submit, UserSubmissions that are unlawful, harassing, libelous, defamatory, abusive, threatening, harmful, vulgar,obscene, pornographic, profane, racially offensive, inaccurate, or otherwise objectionable; that encourageconduct that could constitute a criminal offense, give rise to civil liability, or otherwise violate anyapplicable local, state, national, or international law or regulation; or that are commercial in nature (e.g.,advertisements, chain letters). Without limiting the foregoing, you will not submit any User Submissionsthat may infringe upon any intellectual property rights; express support or opposition to any candidate forelected office; or may constitute a crime or tort.
You agree not to impersonate any other person or entity, whether actual or fictitious. You further agree notto use an inappropriate member name of any kind.
4. Third-Party Links. This Web Site may contain links to web sites that are not owned, operated orcontrolled by HPC or its affiliates. All such links are provided solely as a convenience to you. If you usethese links, you will leave this Web Site. Neither we nor any of our respective affiliates are responsible forany content, materials, or other information located on or accessible from any other web site.
5. Account Registration and Security. You understand that you may need to create an account to make UserSubmissions and/or have access to parts of the Web Site. In consideration of your use of the Web Site, youwill provide true, accurate, current, and complete information about yourself as prompted by the Web Site'sregistration form. You are entirely responsible for the security and confidentiality of your password andaccount, and any and all activities that occur under your account. You agree to immediately notify us ofany unauthorized use of your account or any other breach of security of which you become aware.
7. Access and Interference. You agree that you will not use any robot, spider, scraper or other automatedmeans to access the Web Site for any purpose without our express written permission. Additionally,you agree that you will not: (i) take any action that imposes, or may impose in our sole discretion anunreasonable or disproportionately large load on our infrastructure; (ii) interfere or attempt to interferewith the proper working of the Web Site or any activities conducted on the Web Site; or (iii) bypass anymeasures we may use to prevent or restrict access to the Web Site.
8. Representations and Warranties. You shall be solely responsible for your own User Submissions and theconsequences of posting or publishing them. In connection with User Submissions, you affirm, representand warrant the following: (i) you are over the age of 18 and have the right and authority to enter into thisAgreement, and are fully able and competent to satisfy the terms, conditions and obligations therein; (ii)you have obtained all consents, and possess all copyright, patent, trademark, trade secret, and any otherproprietary rights, or the necessary licenses thereto, to grant the license in Section 2; (iii) you have thewritten consent of each and every identifiable natural person in your User Submissions to use such person’sname or likeness in the manner contemplated by the Web Site and this Agreement; (iv) you have read,understood, agree with, and will abide by the terms of this agreement; and (v) the User Submission andHPC’s use thereof as contemplated by this Agreement and the Web Site will not violate Section 3 of thisAgreement.
9. DISCLAIMERS. Your use of this Site is at your risk. HPC does not assume any responsibility, norwill it be liable, for any damages to, or any viruses that may infect, your computer, telecommunicationequipment, or other property caused by or arising from your access to, use of, or browsing this WebSite, or your downloading of any information or materials from this Web Site. THE INFORMATION,MATERIALS AND SERVICES PROVIDED ON OR THROUGH THIS WEB SITE AREPROVIDED "AS IS" WITHOUT ANY WARRANTIES OF ANY KIND INCLUDING WARRANTIES
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENTOF INTELLECTUAL PROPERTY. NEITHER HPC, NOR ANY OF ITS AFFILIATES, WARRANTSTHE ACCURACY OR COMPLETENESS OF THE INFORMATION, MATERIALS, OR SERVICESPROVIDED ON OR THROUGH THIS WEB SITE. THE INFORMATION, MATERIALS ANDSERVICES PROVIDED ON OR THROUGH THIS WEB SITE MAY BE OUT OF DATE, ANDNEITHER HPC NOR ANY OF ITS AFFILIATES MAKES ANY COMMITMENT OR ASSUMESANY DUTY TO UPDATE SUCH INFORMATION, MATERIALS OR SERVICES. THE FOREGOINGEXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BYLAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.
HPC is not obligated to review User Submissions. User Submissions do not reflect the opinions or views ofHPC or its affiliates, and HPC does not vouch for the accuracy or credibility of any User Submissions, anddoes not take any responsibility or assume any liability for any actions you may take as a result of readingUser Submissions. In no event shall you represent or suggest, directly or indirectly, HPC’s endorsement ofUser Submissions.
10. LIMITATIONS OF LIABILITY. IN NO EVENT WILL HPC, OR ANY OF ITS OFFICERS,DIRECTORS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, AGENTS, SUCCESSORS ORASSIGNS, NOR ANY PARTY INVOLVED IN THE CREATION, PRODUCTION OR TRANSMISSIONOF THIS WEB SITE, BE LIABLE TO YOU OR ANYONE ELSE FOR ANY INDIRECT, SPECIAL,PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUTLIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESSINTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USEOF THIS WEB SITE, ANY WEB SITES LINKED TO THIS WEB SITE, OR THE MATERIALS,INFORMATION OR SERVICES CONTAINED ON ANY OR ALL SUCH WEB SITES, WHETHERBASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY ANDWHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOINGLIMITATIONS OF LIABILITY DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASEREFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.IN THE EVENT OF ANY PROBLEM WITH THIS WEB SITE OR ANY CONTENT, YOU AGREETHAT YOUR SOLE REMEDY IS TO CEASE USING THIS WEB SITE. IN NO EVENT SHALLHPC'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTIONWHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OROTHERWISE EXCEED TWENTY FIVE DOLLARS ($25.00).
11. Indemnity. You agree to defend, indemnify and hold HPC and any individuals or entities affiliatedwith HPC (including officers, directors, and employees) harmless from any and all liabilities, costs, andexpenses, including reasonable attorneys’ fees, related to or in connection with (i) your use of the Web Site,(ii) your violation of any term of this Agreement; or (iii) your violation of any third party right, includingwithout limitation any right of privacy, publicity rights, or intellectual property rights.
12. Release. In the event that you have a dispute with one or more other users of the Web Site, you releaseHPC (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demandsand damages (actual and consequential) of every kind and nature, known and unknown, suspected andunsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
15. DIGITAL MILLENNIUM COPYRIGHT ACT (“DMCA”) NOTICE. In operating the Web Site, wemay act as a “services provider” (as defined by DMCA) and offer services as online provider of materialsand links to third-party web sites. As a result, third-party materials that we do not own or control may betransmitted, stored, accessed or otherwise made available using the Web Site. If you believe any materialavailable via the Web Site infringes a copyright, you should notify us using the notice procedure forclaimed infringement under the DMCA (17 U.S.C. Sect. 512(c)(2)). We will respond expeditiously toremove or disable access to the material claimed to be infringing and will follow the procedures specifiedin the DMCA to resolve the claim between the notifying party and the alleged infringer who provided theContent. Our designated agent (i.e., proper party for notice) to whom you should address infringementnotices under the DMCA is Meg Sinclair, Holistic Primary Care, PO Box 953, Peck Slip Station, New York, NY 10272.