Active Health Management, Inc. (“ActiveHealth”) offers this website (the “Website”) to you, the user, conditioned upon your acceptance of all of the terms, conditions, policies and notices stated on the Website. By using the Website, you signify your agreement with these Terms and Conditions and any subsequent modifications. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS SET FORTH BELOW, PLEASE DO NOT USE THIS WEBSITE.
Disclaimer
Information on this website is provided “AS IS” without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement. Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you. The data set forth herein is for informational purposes only, and no warranty is made that the information is error-free. The Website is for your personal and noncommercial use. As a condition to your continued use of the Website, you warrant to ActiveHealth that you will not use the Website for any purpose that is unlawful or prohibited by these Terms and Conditions. Please note that once you leave this site, either by using a link we may have provided for your convenience or by specifying your own destination, ActiveHealth accepts no responsibility for the content, products and/or services provided at these non-ActiveHealth locations. ActiveHealth does not control, endorse, promote or have any affiliation with any other website unless expressly stated herein.
Limitation of Liability
IN NO EVENT WILL ACTIVEHEALTH BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, SPECIAL OR OTHER CONSEQUENTIAL DAMAGES ARISING OUT OF ANY USE OF THIS WEBSITE, OR ANY OTHER HYPER-LINKED WEBSITE, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR DATA ON YOUR EQUIPMENT, OR OTHERWISE, EVEN IF WE ARE EXPRESSLY ADVISED OF THE POSSIBILITY OR LIKELIHOOD OF SUCH DAMAGES.
You agree to defend, indemnify and hold ActiveHealth, its subsidiaries and affiliates, and their officers, directors, employees and agents, licensors and business partners 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 Website in a manner that violates or is alleged to violate these Terms and Conditions. ActiveHealth shall provide you with prompt notice 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.
Changes to This Site
Information on this Website may be changed or updated without notice. ActiveHealth has no obligation to update information presented on this Website, so information contained herein may be out of date at any given time. ActiveHealth may also make improvements and/or changes in the products and/or services described on this Website at any time without notice. Any modifications made to these Terms and Conditions will be effective immediately upon posting on the Website. By accessing or using the Website, you agree to be bound by all of the Terms and Conditions as posted on the site at the time of your access or use. You agree to review the Terms and Conditions posted on the site each time you use the Website so that you are aware of any modifications.
Trademarks
The ActiveHealth logo, ActiveHealth®, CareEngine®, ActiveAdvice®, Active Disease ManagementSM, ActivePHR®, Active Benefit DesignSM, ActiveAdvocateSM, Active Maternity ManagementSM, ActiveUM/CMSM, ActiveAnalyticsSM and ActiveAnalyticsSM and all other trademarks, service marks, trade names, logos, domain names, URLs and icons (“Marks”) appearing on this Website, registered or not, are the property of ActiveHealth or their respective owners. Nothing on this Website grants you any right or license to use any of the Marks without the express written permission of ActiveHealth or the third party owners of the Marks. Unauthorized use may violate trademark and other laws.
Not a Substitute for Professional Health Care or Advice
Health information that may be contained in this Website is general in nature and is not a substitute for professional health care. It is not meant to replace the advice of health care professionals. ActiveHealth does not engage in the practice of medicine, provide medical diagnoses or recommend or endorse any specific medical tests, products, procedures, opinions, or information that may be contained in this Website. If you have specific health care needs, or for complete health information, please see a doctor or other health care provider.
Jurisdiction
You expressly agree that exclusive jurisdiction for any dispute with ActiveHealth, or in any way relating to your use of this Website, resides in the courts of the State of New York and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the State of New York in connection with any such dispute including any claim involving ActiveHealth or its subsidiaries.
These Terms and Conditions are governed by the internal substantive laws of the State of New York, without respect to its conflict of laws principles. If any provision of these Terms and Conditions 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, which shall remain in full force and effect.