HealthOnline.com: Notice of Terms of Use
Effective Date: October 24, 2017
Read these Terms of Use (this “Agreement”) for important
information about our health content and our Service (as defined below).
Please read this Agreement carefully and completely before
using https://www.heathonline.com/patient-privacy (the “Site”) or any services, content, or information
provided through or in connection with the Site (together with the Site,
collectively, the “Service”). By tapping or clicking “I agree,” “I accept,” or
any other similar button or box with respect to this Agreement, or by using the
Service (including any access to the Service), you expressly agree to be bound
by this Agreement, by and between you and Health Online Health Corporation
(“H.O.,” “us,” or “we”), which incorporates by this reference any additional
terms and conditions posted by Health Online through the Site, or otherwise
made available to you by Health Online. For clarity, this Agreement does not
govern your use of other sites or apps (including services on other sites or
apps) operated by any affiliate of Health Online such as www.healthonline.com/photo. The information and resources contained on and accessible
through the Service are made available by Health Online and its suppliers and
vendors, and other third parties, in each case subject to your agreement to the
terms and conditions of this Agreement.
THIS AGREEMENT CONTAINS A MANDATORY ARBITRATION OF DISPUTES
PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO
RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.
By using the Service, you affirm that you are of legal age to enter
into this Agreement.
We may update this Agreement at any time, and may notify you of
such updates by any reasonable means, including by posting the updated
Agreement to the Site/application. Any changes in updating this Agreement will
not apply to any dispute between you and us arising prior to the date on which
we posted the updated Agreement, or otherwise notified you of such updated
Agreement. The “Last Updated” legend above indicates when this Agreement was
last changed. YOU AGREE TO PERIODICALLY REVIEW THIS PAGE TO DETERMINE IF THIS
AGREEMENT HAS BEEN UPDATED. YOUR CONTINUED USE OF THE SERVICE FOLLOWING ANY
UPDATES TO THIS AGREEMENT SHALL CONSTITUTE NOTICE AND ACCEPTANCE OF THE UPDATED
AGREEMENT.
About
Our Health Content
OUR HEALTH CONTENT DESCRIBES GENERAL PRINCIPLES OF HEALTH CARE
THAT SHOULD NOT IN ANY EVENT BE CONSTRUED AS SPECIFIC INSTRUCTIONS FOR
INDIVIDUAL PATIENTS. This material is not intended as a guide to
self-medication or as a substitute for proper medical advice, diagnosis, or
treatment. It is for reference only and should not be used to determine
treatment for specific medical conditions. You should never disregard, avoid or
delay obtaining medical advice from a licensed practitioner because of
information made available through the Service. The Service and its health
related information and resources are not intended and must not be taken as the
rendering of medical, nursing, or professional health care advice or services,
or the practice of medicine, nursing, or professional health care in any
jurisdiction. You should discuss the information provided with a physician,
pharmacist, nurse, or other licensed health care professional. You should also
check product information (including package inserts) regarding dosage,
precautions, warnings, interactions, and contraindications before administering
or using any device, drug, herb, vitamin, or supplement discussed on the
Service.
You understand and agree that neither Health Online nor its
suppliers or vendors are responsible for any claim, loss, or damage directly or
indirectly resulting from your use of the Service or the information resources
contained on or accessible through the Service.
Proper treatment of health conditions depends upon a number of
factors, including, but not limited to, your medical history, diet, lifestyle,
and medication regimen. Your health care provider can best assess and address
your individual health care needs. You should consult with your health care
provider before starting a new diet, fitness, or supplement regimen.
Information and statements about dietary supplements have not
been evaluated by the Ghana Food and Drug Board and are not intended to
diagnose, treat, cure, mitigate, or prevent any disease or health condition.
Health Online does not endorse manufacturers’ or others’ claims about the
efficacy of these products. We specifically disclaim any guarantee or warranty,
express or implied, with respect to any products or services sold, including
any warranty of merchantability or fitness for a particular purpose. No
information conveyed by Health Online either orally or in writing shall create
such a warranty.
Health Online does not provide any form of insurance. The
inclusion of information about any particular service or product does not
indicate anything about whether any insurance plan may or may not provide
benefits with respect to that service or product.
Materials
For purposes of this Agreement, “Materials” includes user
IDs, email addresses, passwords, comments, photographs, images, graphics, text,
and data, and any other forms of materials or information submitted by Service
users through or otherwise in connection with the Service, regardless of
whether such information is posted publicly or with password protection.
The Service is not designed or intended to be used as a disaster
recovery or emergency data storage facility and you are responsible for
creating and maintaining copies of your Materials prior to posting, uploading,
or otherwise submitting such Materials through the Service.
Health Online and its suppliers and vendors have no obligation
of any kind with respect to Materials and are not required to assess or
otherwise determine the validity or legitimacy of any complaints or demands
that they may receive regarding any Materials that you may use or allow others
to use in connection with the Service (including Materials posted or submitted
to the Service) before Health Online and its suppliers and vendors take any
remedial action that they consider, in their sole discretion, to be
appropriate.
NEITHER HEALTH ONLINE NOR ITS SUPPLIERS OR VENDORS CONTROL THE
MATERIALS POSTED OR SUBMITTED TO THE SERVICE, NOR DO WE OR THEY HAVE ANY
OBLIGATION TO (A) MONITOR, SCREEN, POLICE, EDIT, OR ACKNOWLEDGE RECEIPT OF
THOSE MATERIALS FOR COMPLIANCE WITH APPLICABLE LAWS OR THIS AGREEMENT, OR
(B) EVALUATE THOSE MATERIALS FOR INDICATIONS OF A NEED FOR MEDICAL
ATTENTION OR PROVIDE MEDICAL ADVICE IN RESPONSE. YOU MAY FIND SOME OF THE
MATERIALS POSTED BY OTHER USERS TO BE OFFENSIVE, HARMFUL, INACCURATE, OR DECEPTIVE.
YOU SHOULD USE CAUTION AND COMMON SENSE WHEN USING THE SERVICE. IF YOU CHOOSE
TO MAKE ANY OF YOUR PERSONALLY IDENTIFIABLE OR OTHER INFORMATION PUBLICLY
AVAILABLE THROUGH THE SERVICE, YOU DO SO AT YOUR OWN RISK.
Disclaimer
of Warranty
Although Health Online reserves the right to correct any errors,
omissions, or inaccuracies, we do not accept any responsibility for the
accuracy, reliability, currency, or completeness of any information, content,
materials, services, products, merchandise, functionality, or other resources
(collectively, “Resources”) available on or accessible through the Service
(even typographical or imaging errors), including the substance, accuracy, or
sufficiency of any service or product information listed on the Service.
Further, we do not represent that the Service will operate without interruption
or error, nor do we provide any assurances of the availability or usability of
the shopping services offered through the Service.
Health Online does not accept any liability for the consequences
arising from the application, use, or misuse of any Resources contained on or
made available through the Service, including any injury and/or damage to any
person or property as a matter of product liability, negligence, or otherwise.
Health Online also does not accept any responsibility for
technical failures or for unauthorized access of user transmissions or
Materials by third parties.
Your use of (including any access to) the Service and any other
Internet sites, including any Resources contained on, or otherwise made
available by, them, is solely at your own risk.
Health Online and its suppliers and vendors will attempt to keep
the information, services, and resources accessible through the Service timely
and accurate, but make no guarantees, and disclaim any implied warranty or
representation about, the Resources or the Service, or any Resource’s or the
Service’s accuracy, relevance, timeliness, completeness, reliability, security,
or appropriateness for a particular purpose.
HEALTH ONLINE AND ITS SUPPLIERS AND VENDORS DISCLAIM ALL EXPRESS
OR IMPLIED REPRESENTATIONS OR WARRANTIES REGARDING THE INFORMATION, CONTENT,
SERVICES, PRODUCTS, MERCHANDISE, MATERIALS, FUNCTIONALITY, AND ANY OTHER
RESOURCES AVAILABLE ON OR ACCESSIBLE THROUGH THE
SERVICE, INCLUDING (WITHOUT LIMITATION) ANY IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. ALL
SUCH INFORMATION, CONTENT, SERVICES, PRODUCTS, MERCHANDISE, MATERIALS,
FUNCTIONALITY, AND OTHER RESOURCES ARE MADE AVAILABLE “AS IS” AND “AS
AVAILABLE” WITHOUT WARRANTY OF ANY KIND.
Without limiting the generality of the foregoing, Health Online
makes no representation or warranty that the quality of any Resources purchased
or obtained through the Service will meet your expectations, or that any
password protection or other security measures will prevent unauthorized access
to Materials.
Limitation
of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT
SHALL HEALTH ONLINE OR ITS SUPPLIERS OR VENDORS, OR ITS OR THEIR RESPECTIVE
EMPLOYEES, OFFICERS, DIRECTORS, AGENTS, AFFILIATES, SUPPLIERS, VENDORS,
LICENSORS, CO-BRANDERS, OR PARTNERS (COLLECTIVELY, “HEALTH ONLINE PARTIES”) BE
LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY, OR
CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER RESULTING FROM ANY LOSS OF
USE, LOSS OF DATA, LOSS OF PROFITS, BUSINESS INTERRUPTION, LITIGATION, OR ANY
OTHER PECUNIARY LOSS, WHETHER BASED ON BREACH OF CONTRACT, TORT (INCLUDING
NEGLIGENCE), PRODUCT LIABILITY, OR OTHERWISE ARISING OUT OF OR IN ANY WAY
CONNECTED WITH THE USE, OPERATION, OR PERFORMANCE OF THE SERVICE, WITH THE
DELAY OR INABILITY TO USE THE SERVICE, ANY DEFECTS IN THE SERVICE, OR WITH THE
PROVISION OF, OR FAILURE TO MAKE AVAILABLE, ANY INFORMATION, SERVICES,
PRODUCTS, MATERIALS, OR OTHER RESOURCES AVAILABLE ON OR ACCESSIBLE THROUGH THE
SERVICE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Neither Health Online nor its suppliers or vendors guarantee the
sequence, accuracy, or completeness of any information or content available
through the Service and shall not be liable in any way to you or anyone else
who may use the information or content or to whom the information or content
may be furnished, for any delays, inaccuracies, unavailability, errors, or
omissions therefrom or in the transmission or delivery of all or any part
thereof or for any damage arising therefrom or occasioned thereby.
THE OPERATION OF THE SERVICE MAY BE AFFECTED BY NUMEROUS FACTORS
BEYOND HEALTH ONLINE’S OR ITS SUPPLIERS’ OR VENDORS’ CONTROL. THE OPERATION OF
THE SERVICE, WHETHER BY HEALTH ONLINE, ITS SUPPLIERS, OR ITS VENDORS, MAY NOT
BE SECURE. SECURITY AND PRIVACY RISKS CANNOT BE ELIMINATED. PASSWORD PROTECTION
AND ANY OTHER SECURITY MEASURES MAY NOT PREVENT UNAUTHORIZED ACCESS TO
MATERIALS.
WITH RESPECT TO PRODUCTS, GOODS, OR SERVICES PURCHASED THROUGH
HEALTH ONLINE’S SUPPLIERS’ AND VENDORS’ SITES, IN NO EVENT SHALL ANY HEALTH
ONLINE PARTY BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL,
EXEMPLARY, OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER, RESULTING FROM
ANY LOSS OF USE, LOSS OF PROFITS, LITIGATION, OR ANY OTHER PECUNIARY LOSS,
WHETHER BASED ON BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT
LIABILITY, OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE
PROVISION OF OR FAILURE TO MAKE AVAILABLE ANY SUCH PRODUCTS, GOODS, OR
SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
ANY LIABILITY ON THE PART OF THE HEALTH ONLINE PARTIES, IN THE
AGGREGATE, SHALL NOT EXCEED THE FEES PAID BY YOU SOLELY FOR THE RIGHT TO USE
THE PARTICULAR INFORMATION OR SERVICE PROVIDED BY HEALTH ONLINE HEREUNDER OR
$25, WHICHEVER IS GREATER.
You acknowledge and agree that the limitations set forth above
are fundamental elements of this Agreement and the Service would not be
provided to you absent such limitations.
Indemnification
You hereby agree to indemnify, defend, and hold the Health
Online Parties harmless from any liability, loss, claim, and expense (including
reasonable attorneys’ fees) related to or arising out of your use of the
content on the Service, or any Materials that you submit, post, or transmit
through the Service, your use of the Service, your connection to the Service,
your violation of this Agreement, or your violation of any rights of another.
Changes
to the Service
Health Online and its suppliers and vendors may change or modify
the information, services, products, materials, and any other Resources
contained on or accessible through the Service, may charge, modify, or waive
any fees required to use the Service (including any portion thereof), or
discontinue the Service altogether, at any time without notice.
Your
Obligations
You agree to use the Service only for lawful purposes. You agree
not to interrupt or attempt to interrupt the operation of the Service in any
way. Any conduct by you that, in our sole discretion, restricts, inhibits, or
interferes with the ability of any other user to enjoy the Service (including
by means of hacking or defacing any portion of the Service, or by engaging in
spamming, flooding, or other disruptive activities, including with respect to
the servers or networks used to make the Service available) will not be
tolerated. You are strictly prohibited from communicating on or through the
Service (including in connection with any Materials) any unlawful, harmful,
offensive, threatening, abusive, libelous, harassing, defamatory, vulgar,
obscene, profane, hateful, fraudulent, sexually explicit, racially, ethnically,
or otherwise objectionable material of any sort, including, but not limited to,
any material that encourages conduct that would constitute a criminal offense,
give rise to civil liability, or otherwise violate any applicable local, state,
national, or international law. We reserve the right to terminate or suspend
your use of (including any access to) the Service, or parts of the Service,
without notice, if we believe, in our sole discretion, that it is in violation
of this Agreement, our requirements, or any applicable law, or it is harmful to
our interests or the interests, including intellectual property or other
rights, of another user or any other third party, including any of our
partners, affiliates, sponsors, providers, licensors, or merchants.
You must not post, transmit, or otherwise make available through
or in connection with the Service any virus or other computer code, file, or
program that is potentially harmful or invasive or intended to damage or hijack
the operation of, or to monitor the use of, any hardware, software, or
equipment.
You agree to provide true, accurate, current, and complete
information in connection with the Service. It is your responsibility to
maintain and promptly update this account information to keep it true,
accurate, current, and complete. If you provide any information that is
fraudulent, untrue, inaccurate, incomplete, or not current, or we have
reasonable grounds to suspect that such information is fraudulent, untrue,
inaccurate, incomplete, or not current, we reserve the right to suspend or
terminate your account without notice and refuse any and all current and future
use of the Service. Because any termination of your access to the Service may
be effected without prior notice, you acknowledge and agree that we may
immediately deactivate or delete your account and all related information and
files in your account and bar any further access to such files or the Service.
Furthermore, you agree that we shall not be liable to you or any third party
for any termination of your access to your account or the Service.
You may be asked to supply a user ID and password and other
information to register to use all or part of the Service. We may refuse to
grant you a user ID that impersonates someone else, is or may be illegal, is or
may be protected by trademark or other proprietary rights law, is vulgar or
otherwise offensive, or may cause confusion, as determined by us in our sole
discretion. For security reasons, user IDs and passwords must be non-obvious,
hard-to-guess, confidential, and changed on a regular basis, and you must log
out at the end of each session. You are responsible for maintaining the
confidentiality of your user ID and password and are fully responsible for all
activities (including purchases, as applicable) that occur in connection with
your user ID or password such that, for all purposes under this Agreement, any
activities in connection with your user ID or password will be deemed to be
your activities. You agree to immediately notify us of any unauthorized use of
either your user ID or password or any other breach of security. You further
agree that you will not permit others, including those whose accounts have been
terminated, to access the Service using your user ID or password. All user IDs
and passwords remain the property of Health Online, and may be cancelled or
suspended at any time by Health Online without any prior notice or any
liability to you or any other person. Health Online is not under any obligation
to verify the actual identity or authority of the user of any user ID or
password. If Health Online, in its sole discretion, considers a password to be
insecure, then Health Online may cancel the password.
You must respond promptly to all email and other correspondence
from Health Online, including without limitation email and correspondence
concerning complaints or concerns regarding your use of the Service and the use
of your account.
Your submission of information through the Service is governed
by our Privacy Policy for the Service, located at https://www.heathonline.com/patient-privacy (“Privacy Policy”), which, among other things, explains how we
seek to protect the privacy of the personal information that you provided to us
through the Service.
When participating in surveys, contests, or other promotions
(collectively, “Promotions”) offered through the Service, you are urged to
review the official rules and regulations governing those Promotions (if
applicable) and the Privacy Policy. If the rules for a Promotion conflict with
this Agreement, the Promotion rules will govern with respect to that Promotion.
You are responsible for obtaining, maintaining and paying for
all hardware, software, and all telecommunications and other services needed
for you to use the Service.
Termination
This Agreement is effective until terminated by either party. If
you no longer agree to be bound by this Agreement, you must cease your use of
the Service, including any access thereto. Your use of the Service is at your
sole risk. If you are dissatisfied with the Service, its content, or any of the
terms, conditions, and policies of this Agreement, your sole and exclusive
legal remedy is to discontinue using the Service.
If you breach any provision of this Agreement, then you may no
longer use the Service.
Health Online or its suppliers or vendors may at any time and
for any reason, with or without cause, and in their sole discretion,
immediately: (i) suspend or terminate (in whole or in
part) your authorization to use the Service and any membership and account you
may have; (ii) suspend or terminate and permanently delete and destroy any user
ID, password, URL, IP address, or domain name; (iii) remove from the
Service and permanently delete and destroy any Materials (or any components
thereof) that you or others may have posted or submitted to the Service (and
for purposes of this Agreement, “posted” and “submitted” includes transmission
on or through the Internet and in hardcopy format through facsimile or post)
for any reason or no reason; (iv) restrict access to the Materials posted or
submitted to the Service and to any account you may have; and (v) prohibit you
from any future use of the Service; all without any prior notice or liability
to you or any other person.
If this Agreement is terminated for any reason, then: (a) this
Agreement will continue to apply and be binding upon you in respect of your
prior use of the Service (and any unauthorized further use of the Service),
including payment of any charges accrued in connection with use of the Service
and your indemnification obligations; (b) Health Online may immediately
remove from the Service and permanently delete and destroy any Materials that
you or others may have posted or submitted to the Service without any prior
notice or liability to you or any other person; (c) any fees and charges
previously paid by you for unused services will not be refunded; and (d) any
rights or licenses granted to us under this Agreement will survive such
termination.
Proprietary
Rights
Subject to your compliance with this Agreement, Health Online
grants to you, solely for so long as you are permitted by us to use the
Service, a limited, revocable, non-exclusive, non-transferable license to
access, use, and display the Service (including any content or other materials
generally made available through the Service to users of the Service) solely
for your personal, non-commercial use. No title, rights, or interests in any
content or other materials made available by the Service are afforded to you;
to the extent that you are authorized to download any such materials via the
Service, any such downloaded materials will be for your own personal,
non-commercial use only.
As between you and Health Online, Health Online (and its
suppliers and vendors) owns the Service and all the content on the Service
other than Materials, including text, graphics, legends, customized graphics,
original photographs, data, images, music, audio and video clips, typefaces,
titles, button icons, logos, designs, words or phrases, page headers, and
software as well as the design, coordination, arrangement, enhancement, and
presentation of this material. The Service and, other than Materials, all the
content on the Service is subject to trademark, service mark, copyright, and/or
other intellectual property rights held by Health Online and its suppliers and
vendors. Any trademark or copyright notices may not be deleted or altered in
any way. Health Online’s trademarks and copyrights may not be used in
connection with any products or services that are not offered by or on behalf
of Health Online, or in any manner that is likely to cause confusion or
otherwise violate our rights. You acknowledge that these rights are valid and
protected in all forms, media, and technologies existing now or hereinafter
developed.
Copying, publishing, broadcasting, re-broadcasting, webcasting,
transmitting, modifying, deleting, augmenting, distributing, downloading,
storing, reproducing, sublicensing, adapting, creating derivative works of any
content available through the Service other than Materials that you submit
through or otherwise in connection with the Service, or posting or otherwise
making available this content (including selected portions of this content) in
any manner on any network computer, broadcast media, or other technologies
existing now or hereinafter developed for unauthorized publication or
commercial use without the prior written consent of Health Online is strictly
prohibited. You hereby agree not to reproduce, duplicate, copy, sell, resell,
decompile, disassemble, or exploit for any purpose other than for your
personal, non-commercial use the Service (including any portion thereof) or the
use (including any access to) thereof, or to collect any information about Site
visitors or users of the Service, or otherwise systematically download and
store Service content. You represent, warrant, and agree that you will not
send, submit, upload, post, reproduce, transmit, or distribute any
communication, content, or Material of any type through or in connection with
the Service or otherwise to Health Online that infringes or violates any rights
of any party or violates this Agreement.
If you submit or otherwise provide to Health Online any
communications, content, or Material, including, without limitation, any
personal or commercial information, idea, concept, or invention, you hereby
irrevocably grant to Health Online an unrestricted, worldwide, perpetual, sub
licensable (through multiple tiers), royalty-free license to use, reproduce,
display publicly, perform, publish, transmit, distribute, modify, create
derivative works of, and otherwise exploit such Materials in any medium and for
any purpose, and you further agree that Health Online is free to (but has no
obligation to) use any ideas, concepts, or know-how that you or individuals
acting on your behalf provide to Health Online in accordance with the foregoing
license grant. You further irrevocably waive any “moral rights” or other rights
with respect to attribution of authorship or integrity of materials regarding
Materials, ideas, concepts, or know-how provided to Health Online that you may
have under any applicable law under any legal theory.
Electronic
Communications
When you send emails or other electronic messages to us or in
connection with the Service, you are communicating with us electronically and
consent to our review and analysis of such messages and to receive return
communications, if any, from us electronically. You agree that all agreements,
notices, disclosures, and other communications that we provide to you
electronically satisfy any legal requirement that such communications be in
writing.
Location
Based Services
If you enable location-based services on your computer or other
device in connection with your use of the Service, you expressly consent to
Health Online or its suppliers or vendors collecting the precise location
information of your device. This information may be used in accordance with
the Privacy Policy for the Service. Please see the Privacy Policy for
further information.
Telephone,
Text, and Fax Policy
By providing your residential or wireless phone and/or fax
number(s) to Health Online, you expressly consent to receive marketing and
non-marketing autodialed and/or prerecorded calls, text messages and faxes (including
fax advertisements) from or on behalf of Health Online at the number(s)
provided. Your consent to receive calls or texts on your wireless device is not
a condition of any purchase. Consent may be revoked at any time by calling the
number at (+233) 245283533. You may also send an opt-out request via email
to healthonlineghana@gmail.com with the phone number you wish to opt-out. Your wireless
carrier’s standard message and data rates may apply.
Third
Party Resources
The Service may contain links to, or otherwise make available,
third-party sites, services, products, information, content, materials,
merchandise, functionality, and/or other resources (“Third Party Resources”).
These links and access are provided for your convenience and reference only. We
do not control such Third Party Resources and, therefore, we are not
responsible for such Third Party Resources, or any content posted on or made
available by such Third Party Resources. Be aware that Health Online does not
control, makes no guarantees about, and disclaims any express or implied
representations or warranties about such Third Party Resources, including
without limitation the security of any Materials, or the accuracy, relevance,
timeliness, completeness, or appropriateness for a particular purpose of the
information or the resources contained on or made available by such Third Party
Resources or any other Internet sites. We reserve the right to terminate such
links or such access at any time. The fact that the Service includes such links
or access should not be construed in any way as an endorsement, authorization,
or sponsorship of such Third Party Resources, or any content made available
thereby. Because some Third Party Resources employ automated search results or
otherwise link you to Third Party Resources containing information that may be
deemed inappropriate or offensive, we cannot be held responsible for the
accuracy, copyright compliance, legality, or decency of material contained in
or made available by Third Party Resources, and you hereby irrevocably waive
any claim against us with respect to such Third Party Resources. Your use of
any Third Party Resources is at your own risk and is subject to any additional
terms, conditions, and policies applicable to such Third Party Resources (such
as Terms of Service or Privacy Policies of the providers of such Third Party
Resources).
Governing
Law
This Agreement, your use of the Service, and all related
matters, regardless of your location, are governed solely by, and construed
solely in accordance with, the laws of Ghana (including federal arbitration
law), excluding any rules of private international law or the conflict of laws
which would lead to the application of any other laws. This Agreement will not
be governed by the U.N. Convention on Contracts for the International Sale of
Goods.
Dispute
Resolution
EXCEPT FOR DISPUTES THAT QUALIFY FOR SMALL CLAIMS COURT, ALL
DISPUTES ARISING OUT OF OR RELATED TO THIS AGREEMENT OR YOUR USE OF THE
SERVICE, WHETHER BASED IN CONTRACT, TORT, STATUTE, FRAUD, MISREPRESENTATION, OR
ANY OTHER LEGAL THEORY, WILL BE RESOLVED THROUGH FINAL AND BINDING ARBITRATION
BEFORE A NEUTRAL ARBITRATOR INSTEAD OF IN A COURT BY A JUDGE OR JURY AND YOU
AGREE THAT HEALTH ONLINE AND YOU ARE EACH WAIVING THE RIGHT TO TRIAL BY A JURY.
YOU AGREE THAT ANY ARBITRATION UNDER THIS AGREEMENT WILL TAKE PLACE ON AN
INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED AND
YOU ARE AGREEING TO GIVE UP THE ABILITY TO PARTICIPATE IN A CLASS ACTION. The
arbitration will be administered by the Alternative Dispute Resolution Act,
2010(Act 798) at https://www.wipo.int/edocs/lexdocs/laws/en/gh/gh036en.pdf as amended by this
Agreement. The arbitrator will conduct hearings, if any, by teleconference or
videoconference, rather than by personal appearances, unless the arbitrator
determines upon request by you or by us that an in-person hearing is appropriate.
Any in-person appearances will be held at a location which is reasonably
convenient to both parties with due consideration of their ability to travel
and other pertinent circumstances. If the parties are unable to agree on a
location, such determination should be made by the arbitrator. If you are able
to demonstrate that the costs of arbitration will be prohibitive as compared to
the costs of litigation, Health Online will pay as much of your filing and
hearing fees in connection with the arbitration as the arbitrator deems
necessary to prevent the arbitration from being cost-prohibitive. The
arbitrator’s decision will follow the terms of this Agreement and will be final
and binding. The arbitrator will have authority to award temporary, interim, or
permanent injunctive relief, or relief providing for specific performance of
this Agreement, but only to the extent necessary to provide relief warranted by
the individual claim before the arbitrator. The award rendered by the
arbitrator may be confirmed and enforced in any court having jurisdiction
thereof. Notwithstanding any of the foregoing, nothing in this Agreement will
preclude you from bringing issues to the attention of federal, state, or local
agencies and, if the law allows, they can seek relief against us for you.
With the exception of any of the language above in this Dispute
Resolution provision relating to the waiver of class and representative
actions, if a court decides that any part of this Dispute Resolution provision
is invalid or unenforceable, the other parts of this Dispute Resolution
provision shall still apply. If a court decides that any aspect of the language
above in this Dispute Resolution provision relating to the waiver of class and
representative actions is invalid or unenforceable, then the entirety of this
Dispute Resolution provision shall be null and void. The remainder of the
Agreement will continue to apply and be unaffected by this severability provision.
Copyright
Infringement Claims: Notice and Take-Down Procedures
The Copyright Act of 2005 provides recourse for copyright owners
who believe that material appearing on the Internet infringes their rights
under Ghana copyright law. If you believe in good faith that materials
available on the Service infringe your rights under Ghana copyright law, you
(or your agent) may send to Health Online a written notice by mail, e-mail, or
fax, requesting that Health Online remove such material or block access to it.
If you believe in good faith that someone has wrongly filed a notice of
copyright infringement against you, the Copyright Act of 2005 permits you to
send to Health Online a counter-notice. Notices and counter-notices must be
sent in writing and meet the then-current statutory requirements imposed by the
Copyright Act of 2005 (see http://www.copyright.gov/gh
Forward-Looking
Statements
The Service may contain or make available forward-looking
statements within the meaning of the federal securities laws. In addition,
Health Online and its subsidiaries (collectively, “Health Online Group”), and
its and their representatives may, from time to time, make written or verbal forward-looking
statements, including statements contained in filings with the Ghana Securities
and Exchange Commission and in the Health Online Group’s reports to
stockholders, press releases, webcasts, conference calls, meetings, and other
communications. Generally, the inclusion of the words “believe,” “expect,”
“intend,” “estimate,” “project,” “anticipate,” “will,” “should,” and similar
expressions identify statements that constitute forward-looking statements. All
statements addressing operating performance of Health Online or any subsidiary,
events, or developments that the Health Online Group expects or anticipates
will occur in the future, as well as statements expressing optimism or
pessimism about future operating results or events, are forward-looking
statements within the meaning of the federal securities laws. The
forward-looking statements are and will be based upon management’s then-current
views and assumptions regarding future events and operating performance, and
are applicable only as of the dates of such statements. The Health Online Group
undertakes no obligation to update or revise any forward-looking statements,
whether as a result of new information, future events, or otherwise. By their
nature, all forward-looking statements involve risks and uncertainties. There
can be no assurance that Health Online has correctly identified and
appropriately assessed all factors affecting its business. Additional risks and
uncertainties not presently known to Health Online or that it currently believes
to be immaterial also may adversely impact the Health Online Group. Should any
risks and uncertainties develop into actual events, these developments could
have a material adverse effect on the Health Online Group’s business, financial
condition, and results of operations. For these reasons, you are cautioned not
to place undue reliance on the Health Online Group’s forward-looking
statements.
General
Information
In addition to the rights and privileges described in the terms,
conditions, and policies outlined above, we further reserve the right to elect
to electronically monitor areas of the Service and may disclose any content,
records, or electronic communication of any kind if required to do so by any
law, regulation, or government request, if we believe that such disclosure is
necessary or appropriate to operate the Service, or to protect our rights or
property, or the rights of the users, partners, affiliates, sponsors,
providers, licensors, or merchants. If alerted to allegedly infringing,
defamatory, damaging, illegal, or offensive content, we may investigate the
allegation and determine in our sole discretion whether to remove or request
the removal of such content from the Service.
We control the Service from our corporate offices within Ghana
and the Service is not intended to subject Health Online to any non-Ghana
jurisdiction or law. By using (including any access to) the Service you agree
that such use (including any such access) is subject to the terms, conditions,
and policies of this Agreement as well as applicable laws. The Service may not
comply with legal requirements of foreign countries. Other countries may have
laws, regulatory requirements, and medical practices that differ from those in
the Ghana. Any portion of the Service or any other product or service provided
by Health Online is void where and to the extent prohibited by law, and you may
not use the Service where it would be illegal to do so. We may limit the
availability of the Service at any time, in whole or in part, to any person,
geographic area, or jurisdiction that we choose.
Our failure to insist upon strict performance of any provision
of this Agreement shall not be construed as an implicit waiver of any provision
or right.
If any part of this Agreement is ruled to be unenforceable, then
such part shall be severed, with the remainder of the Agreement remaining in
full force and effect. This Agreement constitutes the entire agreement between
you and Health Online governing your use of the Service. You may not assign,
transfer, or sublicense any or all of your rights or obligations under this Agreement
without our express prior written consent. We may assign, transfer, or
sublicense any or all of our rights or obligations under this Agreement without
restriction.
We hereby notify you that parental control protections (such as
computer hardware, software, or filtering services) are commercially available
that may assist you in limiting access to material that is harmful to minors.
Please note that Health Corporation does not endorse any of the products or
services listed on such site.
Contact
Us
If you have a question or complaint regarding the Service,
please see here for information on how to contact us, or you can write to
us at:
Health Corporation
Health Online
320 McCarthy Hill Street
Accra-Ghana