Health Sciences Online (HSO)
Terms of Use
Effective: December 16, 2010.
WEBSITE TERMS AND CONDITIONS OF USE
The Ulrich and Ruth Frank Foundation for International
Health (together with all its subsidiaries and affiliates who operate the Sites
(as defined below) to be collectively referred to as "us,"
"we," or "HSO") provides its website www.hso.info
as well as other related services and websites such as www.globaluni.info
(together referred to as the “Sites”), subject to your compliance with all the
terms, conditions, and notices contained or referenced herein (the “Terms of
Use”), and any other written agreement between us (or your company). In addition, when using particular
services or HSO Content (as defined below) on the Sites, you shall be subject
to any posted guidelines or rules applicable to such services or HSO Content
that may contain terms and conditions in addition to those in these Terms of
Use. All such guidelines or rules
are hereby incorporated by reference into these Terms of Use.
THIS PAGE STATES THE TERMS AND CONDITIONS UNDER WHICH YOU MAY
USE THE SITES. PLEASE READ THIS
PAGE CAREFULLY. BY NAVIGATING
THROUGH THE SITES OR ANY OF ITS PAGES AND LINKS, YOU AGREE TO BE BOUND BY THESE
TERMS OF USE. IF YOU DO NOT WISH
TO BE BOUND BY THESE TERMS OF USE, YOU SHOULD EXIT THE SITES NOW. YOUR REMEDY FOR DISSATISFACTION WITH
THE SITES, OR ANY PRODUCTS, SERVICES, CONTENT, OR OTHER INFORMATION AVAILABLE
ON OR THROUGH THE SITES, IS TO STOP USING THE SITES AND/OR THOSE PARTICULAR
PRODUCTS OR SERVICES. YOUR
AGREEMENT WITH US REGARDING COMPLIANCE WITH THESE TERMS OF USE BECOMES
EFFECTIVE IMMEDIATELY UPON COMMENCEMENT OF YOUR USE OF ANY OF THE SITES.
We reserve the right to change these Terms of Use from time
to time without notice to you. You
acknowledge and agree that it is your responsibility to review the Sites and
these Terms of Use periodically and to be aware of any modifications to these
Terms of Use. Your continued use
of any of the Sites after such modifications will constitute your
acknowledgment of the modified Terms of Use and agreement to abide and be bound
by the modified Terms of Use.
2.
Privacy Policy
The
Health Sciences Online Privacy
Policy (“Privacy Policy”) is part of and incorporated into these Terms
of Use. You agree that you have
reviewed, agree to and understand our Privacy Policy and the terms and
conditions thereof. If you are located outside of the United States, please
note that the information that you provide is being sent to the United States.
By using the Sites, you consent to your data being sent to the United States
and to such other third parties and jurisdictions as may be involved in the
provision and operation of the Sites.
3.
HSO Does Not Provide Medical or
Health Advice
The Sites
do not provide medical or health advice:
The contents of the Sites, such as text, graphics, images, information
obtained from HSO’s licensors, and other HSO Content contained on or linked to
or from the Sites
are for informational purposes only.
The HSO Content is not intended to be a substitute for professional
medical or health advice, diagnosis, or treatment, or for a coordinated
education in a health sciences discipline. Information on these Sites is generic and is not designed to
take into account the specific objectives, needs and circumstances of any
particular individual. We cannot
guarantee that the information on the Sites is accurate and up-to-date. Seek the advice of a physician or other
qualified health provider with any questions you may have regarding a medical
condition. You should never
disregard professional medical advice or delay in seeking it because of
something you have read on the Sites.
If you think you may have a medical emergency, you should call your
doctor or 911 immediately.
HSO does
not recommend or endorse any specific tests, physicians, products, procedures, treatments,
opinions, or other information that may be described, mentioned or discussed in
any of the services, databases or pages accessible within or from the Sites. Reliance on any information provided by
HSO, HSO employees, others appearing on the Sites at the invitation of HSO,
other visitors to the Sites, or Third Party Sites that the Sites may link to, is
solely at your own risk. The Sites
may contain health- or medical-related materials that are sexually explicit. If
you find these materials offensive, you may not want to use the Sites.
4.
Eligibility
By using
the Sites, you affirm that you are either more than eighteen (18) years of age (or
the applicable age of majority in your jurisdiction of residence, if higher
than 18), or an emancipated minor, or possess legal parental or guardian
consent to use the Sites, and that you are fully able and competent to enter
into the terms, conditions, obligations, affirmations, representations, and
warranties set forth in these Terms of Use, and to abide by and comply with
these Terms of Use. If you are a parent or guardian and you
provide your consent to your child’s use of the Sites, you agree to be bound by
these Terms of Use in respect of their use of the Sites.
In any
case, you affirm that you are over the age of 13, as the Sites is not intended
for children under 13. If you are under 13 years of age, please do not use the Sites.
5.
HSO Content
HSO owns or
licenses all legal right, title and interest in the Sites and in any text, information,
communications, software, photos, video, graphics, music, sounds, scripts,
icons, images, audio clips, designs, interfaces, layouts, and other material
and services developed by or for HSO on the Sites, and the trademarks, service
marks and logos contained therein, including without limitation, message
boards, chat and other original content (the “HSO Content”). For
the avoidance of doubt, the HSO Content does not include any materials or
services provided by Third Party Sites or any Third Party Content (as defined
below). HSO
authorizes you to view and download copies of the HSO Content on the Sites solely
for personal or educational, noncommercial use, provided:
a. The source
of the content is appropriately acknowledged; and
b. You
acknowledge that HSO providers remain the owner of all HSO content posted on
the Sites, and that you do not acquire any of those ownership rights by
reproducing such content for non-commercial or educational purposes.
c. You may
not download, copy or use the HSO logo and any other marks or logos appearing
on the Sites for any purpose without the permission of HSO.
Unless stated otherwise, all HSO Content is Copyright© Health
Sciences Online, c/o Dr. Ruth Frank, Pennswood Village, 1382 Newtown-Langhorne
Road, Newtown, PA 18940. HSO
reserves all rights not expressly granted in and to the Sites and its HSO
Content. The copyright for text or
images on these Sites may be held by an entity other than HSO. All rights are reserved on such material
and permission of the copyright owner must be requested to use it.
The HSO Content may be protected by copyright under both
United States and foreign laws and unauthorized use of the HSO Content may violate
copyright, trademark, and other laws. You may
not use any trademark, service mark, trade name, logo of any company or
organization in a way that is likely or intended to cause confusion about the
owner or authorized use of such marks, names or logos. You must retain all copyright and
other proprietary notices contained in the original HSO Content on any copy made
by you of the HSO Content. You may
not remove, obscure, or alter any
proprietary rights notices (including copyright and trademark notices) which
may be affixed to or contained within the HSO Content. You may not sell or modify the HSO
Content or reproduce, display, publicly perform, distribute, or otherwise use
the HSO Content in any way for any commercial purpose without prior written
permission. If you breach the Terms of Use or the terms of use of any Third
Party Sites that you visit through your use of the Sites, your permission to
use the HSO Content shall be automatically terminated and you must immediately
destroy any copies you have made of the HSO Content.
6.
Third Parties and Third Party Sites
Our Sites contain links to external websites owned by third
parties. These Terms of Use do not
apply to external or third party websites (“Third Party Sites”) or to any text,
information, communications, software, photos, video, graphics, music, sounds,
scripts, icons, images, audio clips, designs, interfaces, layouts, and other
material and services on such Third Party Sites, and the trademarks, service
marks and logos contained therein (the “Third Party Content”), whether or not
HSO provides a link to such Third Party Sites.
You understand that all Third Party Content which you may
have access to as part of, or through your use of the Sites, is the sole
responsibility of the person or organization from which such content
originated. You should be aware
that Third Party Content that the Sites may link to, may be protected by
intellectual property rights which are owned by the persons who provide that
Third Party Content. It is your responsibility to examine the policies of
Third Party Sites and to secure all necessary permissions. You cannot assume that the external
sites will abide by the same provisions as these Terms of Use or Privacy
Policy. Any opinions, advice, statements,
services, offers or other information contained in Third Party Sites is the
responsibility of the respective authors or providers of that third party
material. HSO is not responsible for the accuracy, usefulness, safety, or
intellectual property rights of or relating to such Third Party Sites.
HSO TAKES
NO RESPONSIBILITY FOR ANY THIRD PARTY CONTENT, AND DOES NOT ENDORSE THE VIEWS
EXPRESSED BY THE ORGANIZATIONS OR INDIVIDUALS RESPONSIBLE FOR SUCH THIRD PARTY SITES.
TO THE EXTENT PERMITTED BY LAW, HSO DENIES ALL LIABILITY (INCLUDING FOR
NEGLIGENCE) FOR ANY LOSS, COST, EXPENSE OR DAMAGE ARISING OUT OF YOUR USE OF
THIRD PARTY SITES.
7.
HSO Software
HSO
gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive
license to use the software provided to you by HSO as part of HSO’s services
(referred to as the “Software” below).
This license is granted for the sole purpose of enabling you to use and
enjoy the benefit of the services as provided by HSO, in the manner permitted
by the Terms of Use. You may not
(and may not permit anyone else to) copy, modify, create a derivative work of,
reverse engineer, decompile or otherwise attempt to extract the source code of
the Software or any part thereof, unless this is expressly permitted or
required by law, or unless you have been specifically permitted to do so by HSO,
in writing. Unless HSO has given you
specific written permission to do so, you may not assign (or grant a
sub-license of) your rights to use the Software, grant a security interest in
or over your rights to use the Software, or otherwise transfer any part of your
rights to use the Software.
8.
Submissions.
Subject to our Privacy Policy, any communication or HSO
Content that you transmit to the Sites or to us, including any unsolicited articles,
syllabi, suggestions, ideas, inquiries, feedback, ideas or other information you
provide to HSO (collectively, “Submissions”), whether by email or other means,
for any reason, will be treated as non-confidential and non-proprietary. While you retain all rights in such Submissions,
subject to the terms of our Privacy Policy, by
transmitting or posting any Submission, you hereby grant HSO a worldwide, non-exclusive,
royalty-free, perpetual, transferable, irrevocable, and fully sub-licensable
right to use, reproduce, modify, adapt, publish, sell, assign, translate,
create derivative works from, distribute and display such Submissions, in whole
or in part, in any form, media, or technology, whether now known or hereafter
developed, alone or as part of other works. You also acknowledge Submissions may not be returned and HSO
may use your Submissions, and any ideas, concepts or know-how contained
therein, for any purpose including, without limitation, developing,
manufacturing, distributing and marketing products. You also hereby grant each user of the Sites a non-exclusive
license to access your Submissions through the Sites, and to use, reproduce,
distribute, display and perform such Submissions as permitted through the
functionality of the Sites and under these Terms of Use.
You shall be solely responsible for your own Submissions
and the consequences of posting or publishing them. By uploading Submissions, you affirm, represent, and warrant
that you own or have all of the necessary licenses, rights, consents, and
permissions (including, without limitation, permission from any third parties
depicted in your Submission to use their name, image, likeness, sound or
biographical material) to use and authorize HSO to use all patent, trademark,
trade secret, copyright or other proprietary rights in and to any and all
Submissions to enable inclusion and use of the Submissions in the manner
contemplated by the Sites and these Terms of Use.
You agree that
you will not submit, post or upload any material to the Sites that:
a.
Is inappropriate, offensive or contrary to any applicable laws or standards. This
includes, without limitation, material which: (i) is obscene or indecent,
depicts violence, sexual activity, or pornography; or contains instructions in crime or drug use; or (ii)
defames, harasses, menaces, threatens, abuses, offends, bullies or embarrasses
any person;
b. Infringes
the copyright, moral rights, confidentiality rights or intellectual property
rights of any person, for example, by reproducing songs, poems, articles,
logos, trade marks, pictures, photos, music or other material that is not owned
by you (or which you do not have a license to reproduce on the Sites);
c. Infringes
any of our rights or the rights of any third person including privacy rights;
d. Breaches
applicable local, national, or international laws, regulations, standards or
codes as enacted, modified or updated from time to time;
e. Advocates
the use of force or violence towards any person;
f. Encourages,
endorses, approves or recommends the performance of dangerous or illegal acts;
or
g.
Contains a virus or other code
that has harmful or destructive properties.
You may not use a false email address, impersonate any
person or entity, or otherwise mislead HSO as to the origin of any
Submissions. You agree to
indemnify HSO for all claims arising from or in connection with any claims to
any rights in any Submissions.
You further
understand and acknowledge that you may be exposed to Submissions that are
inaccurate, offensive, indecent, or objectionable, and you agree to waive, and
hereby do waive, any legal or equitable rights or remedies you have or may have
against HSO with respect thereto.
9.
User Conduct
You agree not to use the Sites or the HSO Content to: (i) restrict or inhibit others from
using and enjoying the Sites; (ii) gain unauthorized access to other accounts
on the Sites, other computer systems or networks; (iii) store, collect or
disclose any information except as strictly necessary to use the Sites; or (iv)
impersonate or otherwise misrepresent any person or entity, make false or
misleading indications of origin or fact.
You agree not to use the Sites or the HSO Content to transmit or upload:
(i) unauthorized advertising, promotional materials, junk mail,
"spam," chain letters or any other form of unauthorized solicitation;
(ii) any material that violates or infringes the rights of third parties; (iii)
any virus or any programs or component designed to interrupt, destroy or limit
the functionality of any computer software, hardware or telecommunications
equipment; (iv) any material that is unlawful, threatening, abusive, harmful,
harassing, defamatory, tortious, hateful, obscene, sexually explicit or
indecent, or racially, ethnically or otherwise objectionable. Without limiting
the foregoing, you agree to comply with all applicable laws, rules and
regulations that apply to your use of the Sites. You, and not HSO, shall be responsible for ensuring that
your use of the Sites and HSO Content does not constitute a criminal offense,
give rise to civil liability or otherwise violate any applicable law,
regulation or ordinance, including, but not limited to, U.S. law regarding the
transmission of technical data. You agree to obey the requirements, procedures
and policies of computer systems connected to the Sites. HSO shall have the
right, but not the obligation, to monitor or review your conduct on the Sites.
10.
Notices of Alleged Infringement
In the event you believe that any content posted on the Sites
infringes your copyright or other intellectual property rights, you may notify
HSO by providing the information required by the Online Copyright Infringement
Liability Limitation Act of the Digital Millennium Copyright Act (“DMCA”), 17
U.S.C. 512, to HSO as follows: a) a physical or electronic signature of a person
authorized to act on behalf of the owner of an exclusive right that is
allegedly infringed; b) identification of the copyrighted work claimed to have
been infringed; c) information reasonably sufficient to permit us to contact
the complaining party, such as address, telephone number, and if available, an
electronic mail address at which the complaining party may be contacted; d)
identification of the HSO Content that is claimed to be infringing or to be
subject to infringing activity and that is to be removed, and information
reasonably sufficient to permit us to locate the HSO Content; e) a statement
that you have a good faith belief that use of the HSO Content in the manner
complained of is not authorized by the copyright owner, agent, or the law; and
f) 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.
HSO’s
designated Copyright Agent to receive notifications of claimed infringement is Michelle
Wruck, who can be reached at Pennswood Village, 1382 Newtown-Langhorne Road,
Newtown, PA 18940; phone: (604) 822-3282; fax: (604) 822-4994; or e-mail:
mwruck@hso.info. You acknowledge
that if you fail to comply with all of the requirements of this Section 10, your DMCA notice may not be valid.
You
acknowledge and agree that upon receipt of a notice of a claim of copyright
infringement, we may immediately remove the identified HSO Content from the Sites
without liability to you or any other party, and that the claims of the
complaining party and the party that originally posted the HSO Content will be
referred to the United States Copyright Office for adjudication as provided in
the DMCA. If you believe that your
Submission that was removed (or to which access was disabled) is not
infringing, or that you have the authorization from the copyright owner, the
copyright owner's agent, or pursuant to the law, to post and use the content in
your User Submission, you may send a counter notice containing the following
information to the Copyright Agent: a) your physical or
electronic signature; b) identification of the content that has been removed or
to which access has been disabled and the location at which the content
appeared before it was removed or disabled; c) a statement that you have a good faith belief that the content was
removed or disabled as a result of mistake or a misidentification of the
content; d) your name, address, telephone number, and e-mail address; e) a
statement that you consent to the jurisdiction of the federal court in
California; and f) a statement that you will accept service of process from the
person who provided notification of the alleged infringement.
If a counter notice is received by the Copyright Agent, HSO
may send a copy of the counter notice to the original complaining party
informing that person that it may replace the removed content or cease
disabling it in 10 business days. Unless the copyright owner files an action
seeking a court order against the content provider, member or user, the removed
content may be replaced, or access to it restored, in 10 to 14 business days or
more after receipt of the counter notice, at HSO’s sole discretion.
THE SITES AND ALL CONTENT, FUNCTIONS, MATERIALS AND
INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH THE SITES, ARE PROVIDED
"AS IS," WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE
FOREGOING, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, HSO AND ITS SUBSIDIARIES
AND AFFILIATES MAKE NO REPRESENTATION OR WARRANTIES OF ANY KIND WHATSOEVER FOR THE
SITES, THE CONTENT, OR ANY OTHER MATERIALS, SERVICES, INFORMATION AND FUNCTIONS
MADE ACCESSIBLE BY OR ACCESSED THROUGH THE SITES, FOR ANY PRODUCTS OR SERVICES
OR HYPERTEXT LINKS TO THIRD PARTIES, OR FOR ANY BREACH OF SECURITY ASSOCIATED
WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE SITES OR ASSOCIATED
MATERIALS OR ANY THIRD PARTY SITE. HSO MAKES NO REPRESENTATION THAT THE
MATERIALS ON THESE SITES CONFORM TO YOUR LOCAL LAWS, AND IF YOU ARE ACCESSING THESE
SITES FROM A LOCATION OUTSIDE CALIFORNIA, YOU ALONE ARE RESPONSIBLE FOR
COMPLIANCE WITH YOUR LOCAL LAWS. HSO AND ITS SUBSIDIARIES AND AFFILIATES HEREBY
DISCLAIM ANY AND ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY,
INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF TITLE, NON-INFRINGEMENT,
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. HSO MAKES NO WARRANTIES
OR REPRESENTATIONS AS TO THE ACCURACY OR COMPLETENESS OF THE SITES, THE
CONTENT, OR ANY OTHER MATERIALS, INFORMATION OR FUNCTIONS MADE ACCESSIBLE BY OR
ACCESSED THROUGH THE SITES. THE
ABOVE LIMITATIONS MAY NOT APPLY TO YOU, TO THE EXTENT THAT APPLICABLE LAW MAY
NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES.
TO THE FULLEST EXTENT PERMISSIBLE BY LAW, HSO OR ANY PERSON
OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING ANY CONTENT OR
SERVICES CONTAINED ON THE SITES, OR ANY OF THEIR RESPECTIVE DIRECTORS,
OFFICERS, EMPLOYEES OR AGENTS, SHALL NOT UNDER ANY CIRCUMSTANCES BE RESPONSIBLE
OR LIABLE TO YOU OR ANY THIRD PARTIES CLAIMING THROUGH OR UNDER YOU FOR ANY LOST
PROFITS, LOST DATA, EQUIPMENT DOWNTIME, FOR ANY DIRECT, INDIRECT,
CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES OR LOSSES, ARISING OUT OF
YOUR ACCESS, USE OR INABILITY TO USE THE SITES OR ANY CONTENT, INCLUDING BUT
NOT LIMITED TO INTERRUPTIONS, DELAYS IN TRANSMISSION OR COMPUTER VIRUSES
THEREOF, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION,
EVEN IF HSO HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGE OR LOSS. IF YOU ARE
DISSATISFIED WITH THE SITES, DO NOT AGREE WITH ANY PART OF THIS AGREEMENT, OR
HAVE ANY OTHER DISPUTE OR CLAIM WITH OR AGAINST HSO RELATED TO THE SITES OR ANY
CONTENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SITES. THE FOREGOING LIMITATIONS SHALL APPLY
NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY, AND TO
THE EXTENT APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF
LIABILITY OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE FOREGOING LIMITATION MAY
NOT APPLY TO YOU. YOU
ACKNOWLEDGE AND AGREE THAT IN THE ABSENCE OF THIS LIMITATION OF LIABILITY THESE
TERMS OF USE WOULD BE MATERIALLY DIFFERENT.
You agree to defend, indemnify, and hold harmless HSO, its
officers, directors, employees, volunteers, and agents, from and against all
liabilities, claims, expenses, actions or demands, including, without
limitation, reasonable legal and accounting fees, alleging or resulting from (i)
your use of and access to the Sites; (ii) your violation of any term of these
Terms of Use; (iii) your violation of any third party right, including without
limitation any copyright, property, or privacy right; or (iv) any claim that
one of your User Submissions caused damage to a third party. HSO shall provide
notice to you promptly of any such claim, suit, or proceeding and shall assist you,
at your expense, in defending any such claim, suit, or proceeding. We reserve the right, at our own
expense, to assume the exclusive defense and control of any matter otherwise
subject to indemnification by you, in which event, you will cooperate with us
in asserting any available defenses. This defense and indemnification obligation will survive
these Terms of Use and your use of the Sites.
14.
Security and Password.
In the event that you are
given a username and password to access certain portions of the Sites, you are solely
responsible for maintaining the confidentiality of your password and account
and for any and all statements made and acts or omissions that occur through
the use of your password and account, including any mail sent and any charges
incurred. Therefore, you must take
steps to ensure that others do not gain access to your password and
account. Our personnel will never
ask you for your password. You may not transfer or share your account with anyone, and we reserve
the right to immediately terminate your account in the event of any unauthorized
transfer or sharing thereof.
15.
International Use.
Although the Sites may be accessible worldwide, HSO
makes no representations that the HSO Content is appropriate or may be
downloaded outside of the United States.
Access to the HSO Content (including Software) may not be legal by
certain persons or in certain countries, and accordingly accessing HSO Content
from territories where it is illegal to do so is prohibited. Those who choose to access the Sites
from outside of the United States do so at their own risk and are responsible
for compliance with the laws of their jurisdiction. Any offer for any product, service, and/or information made
in connection with the Sites is void where prohibited.
You agree that you will not directly or indirectly,
export, re-export, or knowingly permit the export or re-export of the Sites or
any HSO Content to any country or otherwise use the Sites or any HSO Content in
violation of any applicable export or other laws and regulations of the U.S. or
any other country.
You agree
that we may, in our sole discretion, terminate or suspend your access to all or
part of the Sites with or without notice and for any reason, including, without
limitation, breach of these Terms of Use.
Any suspected fraudulent, abusive, or illegal activity may be grounds
for terminating your relationship and may be referred to appropriate law
enforcement authorities. Upon
termination or suspension, regardless of the reasons therefor, your right to
use the services available on the Sites immediately ceases, and you acknowledge
and agree that we may immediately deactivate or delete your account and all
related information and files in your account and/or bar any further access to
such files or the Sites. We shall
not be liable to you or any third party for any claims or damages arising out
of any termination or suspension or any other actions taken by us in connection
therewith. Sections 11, 12, 13, 16, 17, 18, and 19 of these Terms of Use, as well as your liability for any unpaid fees
shall survive any termination.
These Terms of Use shall be governed by and construed in
accordance with the laws of the state of California, without regard to
conflicts of laws principles. The
parties agree that the U.N. Convention on Contracts for the International Sale
of Goods shall not apply to this agreement. You agree that if you decide to make any claim against HSO,
the sole and exclusive jurisdiction for any action or proceeding arising out of
or related to these Terms of Use shall be an appropriate state or federal court
located in California. Any cause of action you may have with respect to your
use of the Sites must be commenced within six (6) months after the claim or
cause of action arises.
All notices to a party shall be in writing and shall
be made either via e-mail or conventional mail. Notices to us must be sent to the attention of Customer
Service at info@hso.info if by
e-mail, or at HSO, c/o Dr. Ruth Frank, Pennswood Village, 1382
Newtown-Langhorne Road, Newtown, PA 18940 if by conventional mail.
We may send notices to the e-mail address supplied
for your account. In addition, we
may broadcast notices or messages through the Sites to inform you of changes to
the Sites or other matters of importance, and such broadcasts shall constitute
notice to you.
HSO may revise any of the Terms of Use at any time by
placing a notice on any of the Sites advising that the Terms of Use have
changed. You will be deemed to have accepted and agreed to the revised Terms of
Use if you continue to use any of the Sites after notice of the revised Terms
of Use has been placed on the Sites.
If revisions to the Terms of Use are unacceptable to you or cause you to
no longer be in compliance with the Terms of Use, you must cease using the Sites.
These Terms of Use constitute the entire agreement between
you and HSO and supersede any other communications or advertising with respect
to the Sites and any HSO Content.
If any provision of this Agreement shall be held illegal, invalid, or
unenforceable, in whole or in part, such provision shall be modified to the
minimum extent necessary to make it legal, valid, and enforceable and the
legality, validity and enforceability of all other provisions of this Agreement
shall not be affected thereby. The failure of HSO to exercise or enforce any
right or provision of these Terms of Use shall not constitute a waiver of such
right or provision. These Terms of Use are not intended and shall not be
construed to create any rights or remedies in any parties other than the
parties hereto and no person shall assert any rights as a third party
beneficiary hereunder. You
agree that no joint venture, partnership, employment, or agency relationship
exists between you and HSO as a result of your use of the Sites. In any action to
enforce these Terms of Use, and in the event that HSO prevails, it shall be
entitled to costs and attorneys’ fees.
Any cause of action brought by you against us must be instituted within six
(6) months after the cause of action arises or be deemed forever waived and
barred.
You represent and warrant that you are authorized to bind
and do so bind your principal or employer and have adequate legal capacity to
enter these Terms of Use. You may not assign these Terms of Use or any rights
or obligations hereunder, directly or indirectly, by operation of law or
otherwise, without the prior written consent of HSO. Subject to the foregoing
sentence, these Terms of Use shall inure to the benefit of and be binding upon
the parties and their respective successors and permitted assigns.