TERMS AND CONDITIONS OF USE

 

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY. YOU MUST ACCEPT THESE TERMS AND CONDITIONS OF USE BEFORE USING THIS SITE.

 

This Health eTools for Schools website ("Site") is powered by Population Health Innovations, LLC. (“PHI”). The following is a legal agreement between PHI, and “you,” the user of this Site. By accessing, browsing, and/or using this Site, and by clicking on the “Accept” button below, you acknowledge that you have read, understand, and agree to be bound by these Terms and Conditions of Use, and to comply with all applicable laws and regulations.

 

THIS AGREEMENT CONTAINS WARRANTY DISCLAIMERS AND OTHER PROVISIONS THAT LIMIT OUR LIABILITY TO YOU. PLEASE READ THIS AGREEMENT IN ITS ENTIRETY.

 

If you do not agree to these Terms and Conditions of Use, and do not click on the “I agree” button below, you will not be able to access or use this Site!

 

We may change these Terms and Conditions of Use at any time. Your continued use of this Site means that you accept all such changes.

 

HEALTH ETOOLS FOR SCHOOLS. This Site intends to make it possible for children (ages 6 to 18 years) to have the skills to live healthier by making informed choices. This Site provides evidence-based programs that address children's health promotion through one or more of the following critical areas:

 

THIS SITE DOES NOT PROVIDE MEDICAL ADVICE. As a user of this Site, you agree that no relationship exists between you and us for the purpose of providing recommendations or advice, and that we do not owe you any duty of care to screen or evaluate information for its safety, reliability, completeness, or suitability for any purpose.

The contents of this Site, such as text, graphics, images, information obtained from our licensors, and other material contained on this Site ("Content") are for informational purposes only. The Content is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified healthcare provider concerning any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read on this Site!

If you think you may have a medical emergency, call your doctor or 911 immediately. We do not recommend or endorse any specific tests, physicians, products, procedures, opinions, or other information that might be mentioned on this Site. Reliance on any information provided by us on this Site is solely at your own risk.

 

USE OF CONTENT. We authorize you to view or download the Content on this Site in accordance with this Agreement. You may use the Content solely for noncommercial purposes and without modification, and you must include all copyright, trademark and other proprietary rights notices that are contained in the Content. The design and layout of this Site are specifically excluded from the Content. No other use of the Site or the Content is authorized. Further, the Content shall be used solely for the purposes contemplated by the Site, and all use of the Content must be strictly in accordance with the copyright and trademark laws of the United States of America. You agree that any copy of the Content or any portion thereof that you make shall retain all copyright and other proprietary notices contained therein. Any special rules for the use of certain software and other items accessible on this Site may be included elsewhere within this Site and are incorporated into these Terms and Conditions of Use by reference.

Portions of the Content are protected by copyright under both United States and foreign laws. Title to such portions of the Content remains with PHI or its licensors. Any use of the Content not expressly permitted by these Terms and Conditions of Use is a breach hereof, and may violate copyright, trademark, and other laws. Content and features are subject to change or termination without notice in our editorial discretion. All rights not expressly granted herein are reserved to PHI and its licensors. The trademark “Health eTools for Schools” is owned by PHI.

If you violate any of these Terms and Conditions of Use, your permission to use the Content automatically terminates, and you must immediately destroy any copies you have made of any portion of the Content, and you must retrieve any copies that you may have given to others, or permitted others to make.

 

LIABILITY OF POPULATION HEALTH INNOVATIONS, LLC.,LICENSORS AND SUPPLIERS. Please be aware that your use of this Site and its Content is at your own risk.

When using this Site, information will be transmitted over a medium that might be beyond the control and jurisdiction of PHI and our licensors and suppliers. Accordingly, we assume no liability for or relating to the delay, failure, interruption, or corruption of any data or other information transmitted in connection with the use of this Site.

This Site and its Content are provided on an "as is" basis. PHI and OUR LICENSORS AND SUPPLIERS, 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, NON-INFRINGEMENT OF THIRD PARTIES' RIGHTS, AND FITNESS FOR A PARTICULAR PURPOSE. Without limiting the foregoing, PHI, and our licensors and suppliers make no representations or warranties about the following:

1. The accuracy, reliability, completeness, currentness, or timeliness of the Content, software, text, graphics, links, or communications provided on or through the use of this Site.

2. The satisfaction of any governmental regulations requiring the approval or compliance of any software tools with regard to the Content contained on this Site.

In no event shall PHI, our licensors or suppliers, or any third parties mentioned on this Site, 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 Site or the Content, whether based on warranty, contract, tort, or any other legal theory, and whether or not PHI, our licensors or suppliers, or any third parties mentioned on this Site, know, should know or are advised of the possibility of such damages. PHI, our licensors and suppliers, and any third parties mentioned on this Site, shall be liable, if at all, jointly and only to the extent of actual damages incurred by you, not to exceed U.S. $1000. PHI, our licensors and suppliers, and any third parties mentioned on this Site, are not liable for any personal injury, including death, caused by your use or misuse of this Site or the Content. Any claim arising in connection with your use of this Site and/or any Content must be brought within one (1) year of the date that the event giving rise to such claim 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.

 

USER SUBMISSIONS. You agree that you will not upload or transmit to this Site, or send or transmit to us by email (including through email addresses listed on the "Contact Us" link), any communication of any type that infringes or violates any rights of any third party. By submitting such a communication, you agree that it is non-confidential for all purposes. If you submit any business information, idea, concept, or invention to us by email, you agree that it is non-confidential for all purposes, and you automatically grant—or warrant that the owner thereof has expressly granted—PHI a royalty-free, perpetual, irrevocable, world-wide, nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, and display it in any media or medium, or any form, format, or forum now known or hereafter developed. PHI may sublicense its rights through multiple tiers of sublicenses. If you wish to keep your business information, ideas, concepts, or inventions private or proprietary, do not submit them to us by email. We save emails for appropriate action and response, and then we delete them. We try to answer every email within 48 business hours, but are not always able to do so.

 

PASSWORDS. This Site has tools that allow you to record and store information. You are responsible for taking all reasonable steps to ensure that no unauthorized person has access to your Health eTools for Schools password, user name, or account. It is your sole responsibility to (1) control the dissemination and use of activation codes, user names, and passwords; (2) authorize, monitor, and control access to and use of your Health eTools for Schools user name, account, and password; and (3) promptly inform PHI of any need to deactivate a password. You grant us and all other persons or entities involved in the operation of this Site the right to transmit, monitor, retrieve, store, and use your information in connection with the operation of this Site. We cannot and do not assume any responsibility or liability for any information you submit to us, or your or any third party’s use or misuse of information transmitted or received using this Site’s tools and services.

 

LINKS TO OTHER SITES. The Site may provide links to third-party web sites. We do not recommend and do not endorse the content on any third-party websites. We are not responsible for the content of linked third-party sites, and do not make any representations regarding their content, accuracy or legality. Your use of third-party websites is at your own risk, and subject to the terms and conditions of use for such sites. We do not endorse any product advertised on this Site or other websites.

 

PRIVACY POLICY. The Health eTools for Schools Privacy Policy is incorporated into and made a part of these Terms and Conditions of Use.

 

USE OUTSIDE THE UNITED STATES. We are based in the United States of America and makes no claim that this Site and its Content are appropriate or may be downloaded outside of the United States. Access to the Content might not be legal by certain persons or in certain countries. If you access this Site from outside the United States, you do so at your own risk, and are responsible for compliance with the laws of your jurisdiction(s).

 

NOTICE AND TAKE DOWN PROCEDURES. If you believe any materials accessible on or from this Site infringe your copyright, you may request removal of those materials (or access thereto) from this Site by contacting PHI's General Counsel at info@healthetools.com or 866.522.5487, and providing the following information:

In an effort to protect the rights of copyright and trademark owners, we maintain a policy for the termination, in appropriate circumstances, of subscribers and account holders of this Site who are repeat infringers.

 

CONTACT US. Questions or comments regarding this Site and/or its Content, including any reports of non-functioning links, should be directed to:

info@healthetools.com 
- or -
Health eTools Customer Service
313 W. Liberty Street
Liberty Place Suite 350
Lancaster, PA 17603
- or -
866.522.5487 (PHONE)
717.735.8109 (FAX)

 

JURISDICTION. You expressly agree and consent to, for any dispute with us (including, if applicable, our respective directors, officers, employees, agents, suppliers, and/or licensors) that in any way relates to your use of this Site, (1) exclusive jurisdiction in the Court of Common Pleas in Allegheny County, Pennsylvania, or in the Federal District Court for the Western District of Pennsylvania, (2) service of process under Pennsylvania Rules, and (3) waiver of trial by jury.

GOVERNING LAW. Pennsylvania law governs these Terms and Conditions of Use, without regard to its conflict of laws principles.

SURVIVAL OF PROVISIONS. If a court of competent jurisdiction finds any provision of these Terms and Conditions of Use to be invalid, the remaining provisions shall survive such finding and remain in full force and effect. All provisions hereof survive a waiver of any provision hereof. Upon expiration or termination of your right to use this Site and/or these Terms and Conditions of Use, all provisions survive as necessary to carry out their purpose and intent.

INDEMNITY. You agree to defend, indemnify, and hold us, and our respective officers, directors, employees, 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 violation of these Terms and Conditions of Use.

COMPLETE AGREEMENT. Except as expressly provided in a particular "legal notice" on this Site, these Terms and Conditions of Use constitute the entire agreement between you and us with respect to the use of this Site and its Content.

Thank you for your cooperation. We hope you find this Site helpful and convenient to use! Questions or comments regarding this website, including any reports of non-functioning links, should be submitted using our Contact Us Form.

PLEASE NOTE: This Site does not provide medical advice, diagnosis, or treatment. The Content and other information described in these Web pages is accurate, to the best of our knowledge, at the time of publication. We provide this information for informational purposes only, and not as a substitute for medical, legal, or other professional advice. Neither PHI nor any of our respective licensors or suppliers, shall be liable to any other person or entity for any damages of any kind for any reason pursuant to any legal theory, incurred by the User as a result of its/her/his use of or reliance on the information.

I UNDERSTAND AND AGREE THAT CLICKING ON THE “I AGREE” BUTTON BELOW CONSTITUTES AN ELECTRONIC SIGNATURE. THE ELECTRONIC SIGNATURE SHALL BE TREATED IN ALL RESPECTS AS HAVING THE SAME LEGAL EFFECT AS AN ORIGINAL HANDWRITTEN SIGNATURE. THE ELECTRONIC SIGNATURE SHALL AFFIRM THAT I HAVE READ THE FOREGOING IN ITS ENTIRETY; AND THAT I FULLY UNDERSTAND THE TERMS, CONDITIONS, RISKS AND LIABILITIES INVOLVED. THE ELECTRONIC SIGNATURE SHALL CONSTITUTE MY AGREEMENT TO AND ACCEPTANCE OF THESE TERMS AND CONDITIONS OF USE.