Terms and Conditions
Password and Security: You are solely responsible for maintaining the confidentiality of any user name and hospital ID password you use to access the Health e Galaxy Website and are fully responsible for all activities that occur under your user name and hospital ID. You agree to (i) immediately notify Health e Galaxy of any unauthorized use of your user name and hospital ID or any other breach of security, and (ii) ensure that you exit from your account at the end of each session. Health e Galaxy cannot and will not be liable for any loss or damage arising from your failure to comply with this provision.
Communications with Health e Galaxy: You consent to receipt of electronic communications from Health e Galaxy, and agree that all agreements, notices, and other disclosures communicated to you by Health e Galaxy electronically (whether by electronic mail, by posting at this web site, or by other electronic means) satisfy any legal requirement that such communication be in writing.
Your communications with Health e Galaxy, including transmission of needs assessment information and submission of testimonials, constitute electronic communications. You grant to Health e Galaxy a perpetual, irrevocable, worldwide, non-exclusive, transferable, royalty-free right to use all information and materials that you submit to us, including the right to exercise copyright and publicity rights, in any media, in connection with the Health e Galaxy web site.
No Medical Advice: The Health e Galaxy website is not intended to provide, and disclaims any suggestion that is does provide, medical advice of any nature. The information made available through this Website should not be construed as medical advice by you or your patients and such information should be used in place of seeking professional opinions by licensed practitioners. Only licensed medical professionals may offer medical advice, diagnosis and recommendations for treatment of medical conditions. Health e Galaxy and its affiliates do not practice medicine or law, and do not offer any other professional advice or services. You assume full responsibility for appropriate use of the information through this Website.
Disclaimers — You acknowledge and agree that:
- YOUR USE OF THIS WEB SITE IS AT YOUR OWN RISK. ANY FEATURES AVAILABLE THROUGH OUR WEB SITE ARE PROVIDED TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS. HEALTH E GALAXY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. Because our web site is provided to you "AS IS," you agree that Health e Galaxy shall not be liable to you or to any third party for any delay in delivery of, or failure to deliver, any of your communications or other information you submit using our web site. Because our web site is provided to you "AS AVAILABLE," you agree that Health e Galaxy shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Health e Galaxy web site or of your ability to access it.
- Health e Galaxy also disclaims any warranty that (i) our web site will meet your requirements, (ii) our web site's operation will be uninterrupted, timely, secure, or error-free, and (iii) any information or communication that may be obtained from the use of our web site will be accurate or reliable (and Health e Galaxy disclaims any liability for damages that may arise from your reliance on any such information or communication) or are free of viruses or other harmful components.
- You assume the full responsibility and risk for any damage to your computer or other consequences that result from your downloading any information, software, or other materials through our web site. Health e Galaxy shall have no liability for any damage to your computer, including loss of data that results from your downloading any such materials.
Limitation of Liability: YOU AGREE THAT HEALTH E GALAXY SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOST PROFITS OR LOSS OF GOODWILL, USE, OR DATA (EVEN IF HEALTH E GALAXY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), THAT RESULT FROM: (a) YOUR USE OF OR INABILITY TO USE THE HEALTH E GALAXY WEB SITE; (b) THE COST YOU INCUR TO SUBSTITUTE FOR ANY GOODS YOU NORMALLY ACCESS THROUGH THE HEALTH E GALAXY WEB SITE; (c) ACCESS TO OR ALTERATION OF YOUR PERSONALLY-IDENTIFIABLE INFORMATION OR OTHER INFORMATION IN AN UNAUTHORIZED MANNER; (d) REPRESENTATIONS OR CONDUCT OF ANY THIRD PARTY RELATED TO THE HEALTH E GALAXY WEB SITE, INCLUDING OUR BUSINESS PARTNERS; OR (e) ANY OTHER MATTER RELATING TO THE HEALTH E GALAXY WEB SITE. Some states do not allow the limitation of liability, so this provision may not apply to you.
Intellectual Property: The content that Health e Galaxy provides on our web site, including, but not limited to, text, graphics, images, and logos, is owned by either Health e Galaxy or the party that has provided the content to us and is protected by U.S. and international copyright laws. Health e Galaxy is the sole and exclusive owner of its compilation of this content on our web site, and this compilation is also protected by U.S. and international copyright laws. Unauthorized copying of any of this content could lead to copyright infringement.
Health e Galaxy, and other logos, slogans, and product and service names used on this site are trademarks owned by Health e Galaxy, its subsidiaries, or its affiliates. You agree not to display or use such trademarks, in any manner, without the written permission of Health e Galaxy. Trademarks and trade names of third parties are the property of those third parties, and are used by Health e Galaxy subject to license, or subject to the fair use provisions of U.S. trademark law.
Health e Galaxy will not be liable to you or be deemed to be in breach of its obligations hereunder for any delay or failure in performance caused by acts beyond Health e Galaxy reasonable control, including, without limitation, acts of God, war, terrorism, accidents, fires, floods, strikes, labor disputes, mechanical breakdown, shortages or delays in obtaining supplies, materials, labor, or transportation, interruption of utility services or the Internet, acts of any unit of government or any governmental agency, or any similar or dissimilar cause.
Severability/Waiver: If any provisions of these Terms and Conditions are found to be invalid by any court having jurisdiction, then the invalidity of such provision shall not affect the validity of the remaining Terms and Conditions, which shall remain in full force and effect. Our failure to exercise or enforce any right or provision of these terms and conditions will not constitute or be deemed a waiver of such right or provision.