Terms and Conditions of Use
TERMS AND CONDITIONS OF USE
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY
BEFORE USING THIS WEBSITE.
Digital Health Navigation Solutions,
Inc., a Delaware corporation (the “Company”),
owns and operates the mpathhealth.com website, including any subdomains thereof
(this “Website”). By using this Website, you signify your assent
to these Terms and Conditions of Use. If you do not agree to all of these Terms
and Conditions of Use, do not use this Website. The Company may revise
and update these Terms and Conditions of Use at any time. Please continue to
review these Terms and Conditions of Use periodically. Your continued usage of this
Website, whether as a guest or a registered user, will mean you accept any
revisions to the Terms and Conditions of Use.
1.
Use of Content; Trademarks.
(a)
This Website contains copyrighted material,
including, without limitation, text, software, photos, audio and video clips,
graphics, illustrations, images, logos, and music and sound (the “Content”).
You may download the Content only for your personal use for noncommercial purposes
and may not modify or further reproduce the Content. This Website and the Content
are protected by copyright, patent, trademark, and other intellectual property
laws. The Company and third-party content providers also own (or have the right
to use) intellectual property rights in the content original to them. Any use of the Content not expressly permitted by these
Terms and Conditions of Use is a breach of these Terms and Conditions of Use
and may violate copyright, trademark, and other laws. The Content and features,
including without limitation product pricing and availability, are subject to
change or termination without notice in the sole discretion of the Company. The
Content may contain technical inaccuracies or typographical errors. All rights
not expressly granted herein are reserved to the Company and its licensors.
Your use of this Website does not grant to you ownership of any Content you may
access on or through this Website.
(b)
The trademarks,
logos, service marks, and trade names (collectively, the “Trademarks”)
displayed on this Website or on the Content available through this Website are
registered and unregistered trademarks of the Company and others and may not be
used in connection with products and/or services that are not related to,
associated with, or sponsored by their rights holders, including uses that are
likely to cause customer confusion, or in any manner that disparages or
discredits their rights holders. All Trademarks not owned by the Company that
appear on this Website or on or through this Website’s products or services, if
any, are the property of their respective owners. Nothing contained on this
Website should be construed as granting, by implication, estoppel, or
otherwise, any license or right to use any Trademark displayed on this Website without
the written permission of the Company or the third party that may own the
applicable Trademark. Any use of the Trademarks not expressly permitted by
these Terms and Conditions of Use is a breach of these Terms and Conditions of
Use and may violate trademark and other laws. Your misuse of the Trademarks displayed
on this Website or on or through any of this Website’s services is strictly
prohibited. Your use of this Website does not grant to you ownership of any Trademarks
you may access on or through this Website.
(c)
If you violate any
of these Terms and Conditions of Use, your permission to use the Content and
the Trademarks automatically terminates and you must immediately destroy any
copies you have made of any portion of the Content or Trademarks, and we may,
in our sole discretion and without prior notice to you, terminate your access
to this Website and block your future access to this Website. You agree that
the Company will not be liable to you or to any third party for termination of
your access to this Website as a result of any violation of these Terms and
Conditions of Use.
2.
Use of this Website.
(a)
In your use of this Website, you agree to act
responsibly in a manner demonstrating the exercise of good judgment and in
compliance with these Terms and Conditions of Use. For example and without
limitation, you agree not to (i) use this Website for any purpose in violation
of local, state, national, or international laws; (ii) insert your own or a
third party’s advertising, branding, or other promotional content into any of
the Content or use, redistribute, republish, copy, or exploit the Content in
any way or for any further commercial or promotional purposes; (iii) infringe
or violate the rights of any third party, including without limitation,
intellectual property, privacy, publicity, or contractual rights; (iv) engage
in spidering, “screen scraping,” “database scraping,” harvesting of e-mail
addresses, wireless addresses, or other contact or personal information, or any
other automatic means of obtaining lists of users or other information from or
through this Website or the services offered on or through this Website,
including without limitation any information residing on any server or database
connected to this Website or the services offered on or through this Website; (v)
interfere with, interrupt, damage, disable, overburden, or impair this Website,
the Content, or the services made available on or through this Website,
including, without limitation, through the use of viruses, cancelbots, Trojan horses,
harmful code, ping floods, denial of service attacks, packet or IP spoofing,
forged routing, or electronic mail address information or similar methods or
technology; (vi) attempt to gain unauthorized access to any portion of this
Website or other computer systems through this Website; (vii) misrepresent your
relationship with, or impersonate, any other person or entity; (viii) link any
other website to this Website or link this Website to any other website; or (ix)
assist any third party in doing any of the foregoing.
(b)
You further agree that you shall not attempt
(or encourage or support anyone else’s attempt) to circumvent, reverse
engineer, decrypt, or otherwise alter or interfere with this Website or this
Website’s services, or any Content thereof, or make any unauthorized use
thereof. You agree that you shall not use this Website in any manner that could
damage, disable, overburden, or impair this Website or interfere with any other
party’s use and enjoyment of this Website or any of its services. You shall not
obtain or attempt to obtain any materials or information through any means not
intentionally made publicly available or provided for through this Website.
(c)
With respect to your use of this Website, you
acknowledge and agree we may monitor and retain all communications by you and
that we may disclose information we have about you to comply with applicable
laws and regulations, or should we investigate your use or any complaint about
your use, including without limitation any legal action related to such use. You
also agree that any violation by you of these Terms and Conditions of Use will
constitute an unlawful and unfair business practice, and will cause irreparable
harm to the Company, for which monetary damages would be inadequate, and you
consent to the Company obtaining any injunctive or equitable relief that the Company
deems necessary or appropriate in such circumstances. These remedies are in
addition to any other remedies the Company may have at law or in equity. Further,
if we do take any legal action against you as a result of your violation of
these Terms and Conditions of Use, you agree the Company will be entitled to
recover from you, and you agree to pay, all reasonable attorneys’ fees and
costs of such action, in addition to any other relief granted to the Company.
3.
The Company Accounts.
(a)
In order to access some features of this
Website, you may have to register for one or more Company accounts. When
registering, you must provide accurate and complete information. You may never
use another’s account without permission. It is your sole responsibility to (i)
control the dissemination and use of passwords; (ii) authorize, monitor, and
control access to and use of your account and password; and (iii) promptly
inform the Company of any need to deactivate a password. You grant the Company and
all other persons or entities involved in the operation of this Website the
right to transmit, monitor, retrieve, store, and use your information in
connection with the operation of this Website. The Company cannot and does not
assume any responsibility or liability for any information you submit, or your
or third parties’ use or misuse of information transmitted or received using the
Company tools and services. You must notify the Company immediately of any
breach of security or unauthorized use of your account.
(b)
Although the Company will not be liable for
your losses caused by any unauthorized use of your account, you may be liable
for the losses of the Company or others due to such unauthorized use.
4.
Liability.
(a)
THE USE OF THIS
WEBSITE AND THE CONTENT IS AT YOUR OWN RISK.
(b)
WHEN USING THIS
WEBSITE, INFORMATION WILL BE TRANSMITTED OVER A MEDIUM THAT MAY BE BEYOND THE
CONTROL AND JURISDICTION OF THE COMPANY. ACCORDINGLY, THE COMPANY ASSUMES NO
LIABILITY FOR OR RELATING TO THE DELAY, FAILURE, INTERRUPTION, OR CORRUPTION OF
ANY DATA OR OTHER INFORMATION TRANSMITTED IN CONNECTION WITH USE OF THIS
WEBSITE. THE COMPANY ALSO ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE
FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR EQUIPMENT ON ACCOUNT OF
YOUR ACCESS TO, USE OF, OR BROWSING IN THIS WEBSITE OR YOUR DOWNLOADING OF ANY
MATERIALS OR CONTENT FROM THIS WEBSITE.
(c)
THIS WEBSITE AND THE
CONTENT ARE PROVIDED ON AN “AS IS” BASIS. THE COMPANY AND ITS LICENSORS, TO THE
FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR
IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED
WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND
FITNESS FOR PARTICULAR PURPOSE. WE MAKE NO WARRANTY THAT THIS WEBSITE OR THE
PROVIDED PRODUCTS OR SERVICES WILL MEET YOUR REQUIREMENTS. NO ADVICE, RESULTS,
OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THIS
WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. IF YOU ARE
DISSATISFIED WITH THIS WEBSITE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THIS
WEBSITE.
(d)
IN NO EVENT SHALL
THE COMPANY, ITS DIRECTORS, ITS OFFICERS, ITS EMPLOYEES, ITS AGENTS, ITS
LICENSORS, ITS SUPPLIERS, OR ANY THIRD PARTIES MENTIONED ON THIS WEBSITE BE
LIABLE FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND
CONSEQUENTIAL DAMAGES, PERSONAL INJURY/WRONGFUL DEATH, LOST PROFITS, OR DAMAGES
RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OF OR
INABILITY TO USE THIS WEBSITE OR THE CONTENT, WHETHER BASED ON WARRANTY,
CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY, ITS
LICENSORS, ITS SUPPLIERS, OR ANY THIRD PARTIES MENTIONED ON THIS WEBSITE ARE
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE COMPANY, ITS LICENSORS, ITS
SUPPLIERS, OR ANY THIRD PARTIES MENTIONED ON THIS WEBSITE SHALL BE LIABLE ONLY
TO THE EXTENT OF ACTUAL DAMAGES INCURRED BY YOU, NOT TO EXCEED U.S. ONE
THOUSAND DOLLARS ($1,000.00). THE COMPANY, ITS LICENSORS, ITS SUPPLIERS, OR ANY
THIRD PARTIES MENTIONED ON THIS WEBSITE ARE NOT LIABLE FOR ANY PERSONAL INJURY,
INCLUDING DEATH, CAUSED BY YOUR USE OR MISUSE OF THIS WEBSITE OR CONTENT. ANY
CLAIMS ARISING IN CONNECTION WITH YOUR USE OF THIS WEBSITE OR ANY CONTENT MUST
BE BROUGHT WITHIN ONE (1) YEAR OF THE DATE OF THE EVENT GIVING RISE TO SUCH
ACTION OCCURRED. REMEDIES UNDER THESE TERMS AND CONDITIONS OF USE ARE EXCLUSIVE
AND ARE LIMITED TO THOSE EXPRESSLY PROVIDED FOR IN THESE TERMS AND CONDITIONS
OF USE.
5.
User Submissions. By submitting to the Company via e-mail or this Website any
ideas, suggestions, concepts, methods, systems, designs, plans, techniques,
business information, inventions, how-to, or product information or material
relating to the Company’s business, products, or services (collectively, the “Ideas”),
you: (a) agree such submission is non-confidential for all purposes and the Company
has no obligation of any kind with respect to such submission; (b) grant the Company
an unrestricted, irrevocable license to use the Ideas for any purpose
whatsoever, including to reproduce, display, perform, modify, transmit, create
derivative works of, and distribute the Ideas; and (c) represent and warrant
that you own or otherwise control all of the rights to the Ideas and that the Company
is free to use the Ideas that you send us for any purpose. For the avoidance of
doubt, “Ideas” does not include any data, information, drawings, files, etc.
that you submit to the Company for the purposes of receiving customer support. The
Company may sublicense its rights through multiple tiers of sublicenses. Notwithstanding
anything herein to the contrary, the personal information you submit to the Company,
including your e-mail address, is governed by the Company’s Privacy Policy. Please
review our Privacy Policy located at https://mpathhealth.com/privacy-policy/,
as amended from time to time, for a complete description of how we handle
personal information submitted in the process of ordering products or
registering on this Website. We may remove any material (and limit or ban such
materials and/or your access) for reasons in our sole discretion, including the
discovery of materials containing violence, illegal activity, pornography, or
other inappropriate subject matter. You will indemnify, defend, and hold the
Company harmless from and against all third-party actions that: (i) arise from
your activities on this Website; (ii) assert a violation by you of any term of these
Terms and Conditions of Use; or (iii) assert that any content you submitted to us
violates any law or infringes any third party right, including any intellectual
property or privacy right.
6.
Rights Reserved. The Company reserves
the right to refuse service, terminate your account or your access to this
Website or any of this Website’s services or features, and/or cancel orders in
its sole discretion, including, without limitation, if the Company believes
that customer conduct violates applicable law or is harmful to the interests of
the Company.
7.
Links to Other Websites. THE COMPANY
MAY PROVIDE LINKS TO THIRD-PARTY WEBSITES. THE COMPANY IS NOT RESPONSIBLE FOR
THE CONTENT, PRODUCTS, SERVICES, OR OTHER MATERIALS OF LINKED THIRD-PARTY WEBSITES,
AND DOES NOT MAKE ANY REPRESENTATIONS REGARDING THEIR CONTENT, RELIABILITY, OR
ACCURACY. YOUR USE OF THIRD-PARTY WEBSITES IS AT YOUR OWN RISK AND SUBJECT TO
THE TERMS AND CONDITIONS OF USE FOR SUCH WEBSITES. THE COMPANY SHALL HAVE NO
LIABLITY WHATSOEVER WITH RESPECT TO ANY LIABILITIES THAT YOU MAY INCUR WITH ANY
OF THESE THIRD-PARTY WEBSITES OR VENDORS. PLEASE CAREFULLY REVIEW THE TERMS AND
CONDITIONS APPLICABLE TO YOUR PURCHASE OF GOODS FROM A THIRD PARTY.
8.
Orders. The Company is
constantly improving its information and services. Consequently, the Company cannot
and does not guarantee the accuracy or completeness of the information,
including prices, specifications, availability, and services, on this Website. Prices
are subject to change at any time prior to filling your order. Additional terms
and conditions may apply to purchases of services, which are made part of these
Terms and Conditions of Use, and to which you agree to comply.
9.
Indemnity. You agree to defend, indemnify,
and hold the Company, its directors, officers, employees, agents, licensors,
advisors, and suppliers, harmless from and against any claims, actions or
demands, liabilities, and settlements, including, without limitation, reasonable
legal and accounting fees resulting from or alleged to result from: (a) your use of and access to this Website; or (b) your
violation of any term of these Terms and Conditions of Use. This defense and
indemnification obligation will survive these Terms and Conditions of Use and
your use of this Website.
10.
General.
(a)
The Company’s
principal offices are in Winston-Salem, North Carolina, in the United States of
America. The Company makes no claims that this Website and the Content are
appropriate or may be downloaded outside of the United States. Access to the Content
may not be legal by certain persons or in certain countries, and our products
and services may not meet the regulatory requirements in these countries. If
you access this Website from outside the United States, you do so at your own
risk and are responsible for compliance with the laws of your jurisdiction. We
reserve the right to limit provision of our products or services to any person,
geographic region, or jurisdiction. Any offer for any of our products and
services on this Website are void where prohibited.
(b)
The following
provisions survive the expiration or termination of these Terms and Conditions of
Use for any reason whatsoever: Liability, User Submissions, Rights Reserved,
Indemnity, Jurisdiction, and Complete Agreement.
11.
Jurisdiction.
(a)
You expressly agree
that exclusive jurisdiction for any dispute with the Company, or in any way
relating to your use of this Website, resides in the courts of Forsyth County, North
Carolina, and you further agree and expressly consent to the exercise of personal
jurisdiction of such courts in connection with any such dispute including any
claim involving the Company or its affiliates, subsidiaries, employees,
contractors, officers, directors, telecommunication providers, and content providers.
(b)
These Terms and
Conditions of Use are governed by the internal substantive laws of the State of
North Carolina, without respect to its conflict of laws principles. If any
provision of these Terms and Conditions of Use 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 these Terms and Conditions
of Use, which shall remain in full force and effect. No waiver of any of these
Terms and Conditions of Use shall be deemed a further or continuing waiver of
such term or condition or any other term or condition.
Thank
you for your cooperation. Questions or comments regarding this Website should
be submitted to [email protected].
500 West 5th Street, Suite 400
Winston-Salem, NC 27101
Cloud-based Automation to Improve Preventive Care
Copyright © 2024 DHN Solutions – All Rights Reserved.
Terms of Use | Privacy Policy | Financial Conflict of Interest Policy