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SavvyHealth.com Terms and Conditions SavvyHealth.com offers the SavvyHealth site, including all information, software, products and services available from the site or offered as part of or in conjunction with the site ("SavvyHealth site"), to you, the user, conditioned upon your acceptance of all of the terms, conditions, policies and notices stated here. SavvyHealth reserves the right to make changes to these Terms and Conditions immediately by posting the changed Terms and Conditions in this location. Your continued use of the SavvyHealth site constitutes your agreement to all of these Terms and Conditions, and any changes to the Terms and Conditions made by SavvyHealth. No Medical Advice The information and content provided on the SavvyHealth site is is provided to you for informational and self-care purposes only, and should not be regarded as medical or health care advice. You should seek the advice of your physician or other qualified health care provider with any questions you may have regarding a physical or mental health condition. Nothing contained on the SavvyHealth site is intended to be used for medical diagnosis or treatment or as a substitute for consultation with a qualified health care professional. You should not disregard medical or behavioral health care advice or delay in seeking it because of something you have read on the SavvyHealth site. SavvyHealth does not recommend or endorse any specific tests, products or procedures that may be mentioned on the SavvyHealth site. Any opinions expressed on the Web site are the opinions of the individual authors, not of SavvyHealth. While SavvyHealth frequently updates its content, medical information changes rapidly. Therefore, some information might be out of date. Personal Health Information Any medical information you provide about yourself as a user of any area of the SavvyHealth site will be maintained as confidential information to the extent set forth in the SavvyHealth Privacy Statement. Because medical information is by nature private and personal, you agree to read the Privacy Statement and understand SavvyHealth's responsibilities and its limitations with respect to the confidentiality of your personal or medical information. Personal and Noncommercial Use The SavvyHealth site is for your personal and noncommercial use. As a condition to your continued use of the SavvyHealth site, you warrant to SavvyHealth that you will not use the SavvyHealth site for any purpose that is unlawful or prohibited by these Terms and Conditions of use. No Warranties USE THE SAVVYHEALTH SITE AT YOUR OWN RISK. THE SAVVYHEALTH SITE IS PROVIDED TO YOU "AS IS," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT. SAVVYHEALTH MAKES NO WARRANTY THAT THE CONTENT CONTAINED ON THIS WEB SITE SATISFIES GOVERNMENTAL REGULATIONS ON PRESCRIPTION DRUG PRODUCTS. Neither SavvyHealth nor its employees, agents, third party information providers, merchants, licensors or the like warrant that the SavvyHealth site or its operation will be accurate, reliable, uninterrupted or error-free. No agent or representative has the authority to create any warranty regarding the SavvyHealth site on behalf of SavvyHealth. SavvyHealth reserves the right to change or discontinue any aspect or feature of the Web site at any time. Exclusion of Liability UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL SAVVYHEALTH OR ANYONE ELSE INVOLVED IN CREATING, PRODUCING, STORING OR DISTRIBUTING THE SAVVYHEALTH SITE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES AND EXPENSES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, HEALTH PROBLEMS, LOST PROFITS, AND DAMAGES ARISING FROM LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF OR IN ANY WAY CONNECTED WITH USE OF THE SAVVYHEALTH SITE, DELAY OR INABILITY TO USE THE SAVVYHEALTH SITE, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS OR SERVICES OBTAINED THROUGH THE SAVVYHEALTH SITE, WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Because some states do not permit the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. Indemnification You agree to defend, indemnify and hold SavvyHealth, its officers, directors, employees and agents, licensors 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, your use of the SavvyHealth site, or any content, product or service offered through the SavvyHealth site, in a manner that violates or is alleged to violate these Terms and Conditions. SavvyHealth shall provide notice to you promptly of any such claim, suit or proceeding and shall reasonably cooperate with you, at your expense, in your defense of any such claim, suit or proceeding. Links and Advertisements The SavvyHealth site may contain hyperlinks to Web sites offered by parties other than SavvyHealth. Such hyperlinks are provided for your reference and convenience only. SavvyHealth has not reviewed the content on nor controls such other Web sites and is not responsible for their content. Nor does SavvyHealth's inclusion of hyperlinks to such Web sites imply any endorsement of the material on such Web sites or any association with their operators. These Terms and Conditions apply solely to the SavvyHealth site and you should review the terms and conditions of any site that you access through a hyperlink from this site. Unless otherwise specifically stated on the SavvyHealth site, SavvyHealth does not endorse any product or service or make any representation regarding the reliability, quality or accuracy of any products or services featured in, or linked to, any advertisement appearing on the SavvyHealth site. Linking Unless SavvyHealth subsequently advises you otherwise, you are hereby licensed to create hyperlinks to the content on the SavvyHealth site, provided that the hyperlink accurately describes the content as it appears on the SavvyHealth site. SavvyHealth reserves the right to revoke this license generally, or your right to use specific links, at any time, and may normally break any hyperlink after 14 days. Under no circumstances may you "frame" the SavvyHealth site or any of its content or copy portions of the SavvyHealth site to a server, except as part of an Internet service provider's incidental caching of pages. Each page within the SavvyHealth site must be displayed in full (including all trademarks, branding, advertising and promotional materials), without any accompanying frame, border, margin, design, branding, trademark, advertising or promotional materials not originally displayed on the page within the SavvyHealth site. Copyright Except for material in the public domain under United States copyright law, all material contained on the SavvyHealth site (including all software, HTML code, Java applets, Active X controls, ASP, and other code) is protected by United States and foreign copyright laws. Except as otherwise expressly provided in these Terms and Conditions, you may not copy, distribute, transmit, display, perform, reproduce, publish, license, modify, rewrite, create derivative works from, transfer, or sell any material contained on the SavvyHealth site without the prior consent of the copyright owner. None of the material contained on the SavvyHealth site may be reverse-engineered, disassembled, decompiled, transcribed, stored in a retrieval system, translated into any language or computer language, retransmitted in any form or by any means (electronic, mechanical, photoreproduction, recordation or otherwise), resold or redistributed without the prior written consent of SavvyHealth. You may, however make single copies of materials displayed on the SavvyHealth site for your own personal and noncommercial use only, provided all copies include the copyright and other notices displayed with the materials on the SavvyHealth site. You may not distribute such copies to others, whether or not for a charge or other consideration, without prior written permission from SavvyHealth or the copyright owner of the copied material. Requests to reproduce materials on the SavvyHealth site for distribution or other purposes should be sent to the attention of Legal Counsel at info@SavvyHealth.com. Violation of this provision may result in severe civil and criminal penalties. Trademarks SavvyHealth and SavvyHealth.com are trademarks or registered trademarks of SavvyHealth and are protected by state and federal trademark laws. Other trademarks appear on the SavvyHealth site with permission from their respective owners. Your unauthorized use of any trademarks appearing on the SavvyHealth site may constitute trademark infringement, which could subject you to substantial civil penalties. Community Discussions SavvyHealth may provide chat rooms, message boards and other community discussions ("Community Discussions") on the SavvyHealth site. If you participate in a Community Discussion, you are solely responsible for your own communications and the consequences of posting those communications on the SavvyHealth site. SavvyHealth does not assume any responsibility for the consequences of any information you provide or receive in a Community Discussion or arising from your use or the use of other persons of the SavvyHealth site. In cases where you feel threatened or believe someone else is in danger as a result of something posted on the SavvyHealth site, you should contact your local law enforcement agency immediately. In consideration for being allowed to use the Community Discussions, you agree to abide by the following guidelines: : * You will respect the privacy and views of others; * You will not use SavvyHealth for commercial purposes, including the promotion of any specific goods or services; * You will not post obscene, defamatory, harmful or knowingly false information about anything or any person; * You will not use SavvyHealth for unlawful purposes; * You will not impersonate another person; * You will not allow any other person or entity to use your identification to post or view comments; and * You will not post material that infringes on the copyright or other intellectual property rights of others or the privacy and publicity rights of others. * You agree that your failure to follow these guidelines will be considered a material breach of the Terms & Conditions. SavvyHealth reserves the right to record dialogue in Community Discussions. SavvyHealth does not screen communications in advance and is not responsible for screening or monitoring material posted by users or any other person or entity. SavvyHealth may investigate any allegations that communication posted on the SavvyHealth site fails to comply with these Terms and Conditions and determine in its sole discretion to remove or request the removal of the subject communication. SavvyHealth reserves the right to remove any communication that is abusive, illegal, disruptive or that otherwise fails to conform to these Terms and Conditions. SavvyHealth reserves the right (but is not obligated) to edit or delete any communication posted on the SavvyHealth site, regardless of whether such communication violates these standards for content. Furthermore, SavvyHealth reserves the right (but is not obligated) to monitor, edit or disclose any type of posting in the Community Discussion for adherence to the Terms and Conditions, if required in the course of normal operations and maintenance of the SavvyHealth site, or if required to do so by law or in the good faith belief that such action is necessary to (i) comply with the law or comply with legal process served; (ii) protect and defend the rights of SavvyHealth or others; or (iii) act in an emergency to protect the personal safety of our users or the public. SAVVYHEALTH HAS NO LIABILITY OR RESPONSIBILITY TO USERS OR ANY OTHER PERSON OR ENTITY FOR PERFORMANCE OR NONPERFORMANCE OF THE AFOREMENTIONED SCREENING ACTIVITIES. SavvyHealth does not represent or guarantee the truthfulness, accuracy or reliability of any of the material posted by Community Discussion users or endorse any opinions expressed by such users. ANY RELIANCE UPON CONTENT POSTED IN A COMMUNITY IS AT YOUR OWN RISK. By posting messages or other material in the Community Discussion areas of the SavvyHealth site, you are granting to SavvyHealth and its licensees a worldwide, royalty-free, perpetual, non-exclusive and irrevocable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display any posting by you (in whole or in part) and/or to incorporate it in other works in any form, media or technology now known or hereafter developed. Termination of Privileges SavvyHealth reserves the right to terminate your privilege of using all or any portion of the SavvyHealth site if you breach any of these Terms and Conditions. If SavvyHealth receives notice or otherwise discovers that you have posted material that infringes another party's copyright or trademark rights or violates another party's rights of privacy or publicity, SavvyHealth may terminate your access to the SavvyHealth site, including all of your privileges or accounts that you may have established in connection with the SavvyHealth site. Copyright Infringement SavvyHealth will not tolerate copyright infringement of any kind. SavvyHealth does not, however, monitor user-submitted materials for copyright infringement. If you believe that any material on the SavvyHealth site infringes your copyright, you may seek to have the material removed by sending SavvyHealth notice that includes all of the following information: * your full name, address and telephone number; * your e-mail address; * identification of the copyrighted work(s) that you believe is being infringed; * identification of the infringing material and information sufficient for SavvyHealth to locate the material; * your statement of good faith belief that (a) the material infringes your copyrights, (b) the information provided in the notice is accurate and (c) under penalty of perjury, you are authorized to act for the copyright owner; and * your physical or electronic signature. Direct such notice to SavvyHealth's designated agent for receiving copyright infringement notices: SavvyHealth 2600 18th Street Suite #15 San Francisco, CA 94110 Phone: (415) 626-4600 Fax: (415) 626-4600 Upon receipt of notice complying with the above requirements, SavvyHealth will act to remove infringing materials and, if applicable, send notice to the user who posted such materials on the SavvyHealth site. If SavvyHealth removes materials posted by you, as a user, due to alleged copyright infringement, you may seek to have the materials reinstated by notifying SavvyHealth's designated agent in writing and including the following information: * your full name, address and telephone number; * your e-mail address; * identification of the material that has been removed or to which access has been disabled, including: 1. its location before it was removed or disabled; 2. your statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material; 3. your statement consenting to the jurisdiction of the Federal District Court for the district in which your address is located, or, if you reside outside of the United States, for the eastern district of Virginia; 4. and that you will accept service of process from the person who provided notice of copyright infringement or from such person's agent; and 5. your physical or electronic signature. Upon receipt of a notice meeting the above requirements, SavvyHealth will send a copy of the notice to the copyright owner who initially claimed copyright infringement. Within 10 to 14 days following receipt of the notice, SavvyHealth will replace or enable access to the removed material unless SavvyHealth receives notice from the copyright owner who submitted the first notification that it has filed an action seeking a court order to restrain the user that posted the materials from engaging in infringing activity. Please note that parties who misrepresent that materials are infringing or were removed by mistake or misidentification are subject to substantial civil liability to SavvyHealth and/or the copyright owner or SavvyHealth site user. Jurisdiction The SavvyHealth site is controlled and operated by SavvyHealth from its principal office in the State of California, United States of America. SavvyHealth makes no representation that materials on the SavvyHealth site are appropriate or available for use in other locations. Those who choose to access the SavvyHealth site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. The SavvyHealth site is not intended to subject SavvyHealth to the laws or jurisdiction of any state, country or territory other than the State of California and the United States of America. Survival The provisions of these Terms and Conditions entitled "No Warranties," "Exclusion of Liability," "Indemnification," "Community Discussions," "Personal Health Information" and "General Provisions" will survive the termination of this agreement. General Provisions Except as provided in a particular "Legal Notice" on the Web site, these Terms and Conditions, along with the SavvyHealth Privacy Statement, constitute the entire agreement and understanding between you and SavvyHealth with respect to use of the SavvyHealth site, superseding all prior or contemporaneous communications and/or proposals. These Terms and Conditions also are severable, and in the event any provision is determined to be invalid or unenforceable, such invalidity or unenforceability shall not in any way affect the validity or enforceability of the remaining provisions. A printed version of these Terms and Conditions shall be admissible in judicial or administrative proceedings based upon or relating to use of the SavvyHealth site to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Notices SavvyHealth may deliver notice to you under these Terms and Conditions by means of electronic mail, a general notice posted on the SavvyHealth site, or by written communication delivered by first class U.S. mail to your address on record in SavvyHealth's account information. You may give notice to SavvyHealth at any time via electronic mail to SavvyHealth or by letter delivered by first class postage prepared U.S. mail or overnight courier to the following address: SavvyHealth 2600 18th Street Suite #15 San Francisco 94110 Phone: (415) 626-4600 Fax: (415) 626-4600 E-mail: info@SavvyHealth.com Revised: April 26, 2000 Copyright 2000 SavvyHealth, Inc. All Rights Reserved.