This Terms of Use (referred to as the "Agreement") is a legal agreement between you and Western Health Advantage ("WHA") governing your use of this website (the "site").

YOUR USE OF THIS SITE IS SUBJECT TO THE TERMS AND CONDITIONS OF THIS AGREEMENT.  BY ACCESSING, USING AND/OR VIEWING OUR SITE, YOU HEREBY AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT AND YOU AGREE TO THE TERMS OF WHA'S INTERNET PRIVACY PRACTICES.  IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, YOU MUST EXIT THIS SITE.

Occasionally, the terms of this Agreement may change.  If you access our site at any time, then you are deemed to have accepted and agreed to any changes. 

LICENSE AND WEBSITE ACCESS.  WHA hereby grants you a personal, non-exclusive, non-transferable, revocable license to access our site.  Our site contains software tools and databases that allow you to search and retrieve information.  You may not (1) sell, distribute or commercially exploit such software tools, databases or the results of any database search performed on this site, (2) use any data mining, robots, or similar gathering and extraction tools, or (3) sell, rent, lease, lend, or transfer any services provided on this site. 

You may use our services for lawful purposes only.  You may not impersonate another person or entity, nor use the site in any way that is inconsistent with any applicable law or regulation.  You may not attempt to use or distribute tools designed for compromising security or take action to compromise the security of this site.  Examples of these tools include, but are not limited to, password guessing programs, cracking tools, or network probing tools.  You may not "flood" or disrupt our site through any means or process.  If we become aware of any violation of these conditions, in addition to our right to terminate your access to the site without further notice or warning at any time, we reserve the right to take any other actions and pursue any other legal rights available to us. 

You are responsible for all use of our services and our site, with or without your consent, by yourself and others, which occurs by, through, or in connection with access to our site via your computer. 

COPYRIGHT, TRADEMARKS & TRADE DRESS.  All content included on the site, the compilation of all content on the site, including text, documents, forms, software, images, sounds, names, logos, trademarks, service marks and all other materials, and all software used on the site are the property of WHA, its affiliates or its suppliers, and are protected by U. S.  and international copyright laws.  Furthermore, Western Health Advantage and WHA, as well as other marks so indicated on the site and other WHA graphics, logos, images, page headers and titles, button icons, scripts and trade and service names, are trademarks and/or trade dress of WHA in the U. S.  and other countries. 

Except as provided in the "License and Website Access" section above, and except as expressly authorized or contemplated (such as for files containing Benefit Plans and Sales Materials), you may not: (1) copy, reproduce, publish, distribute, create derivative works of, sell, transfer, display, transmit, compile or collect in a database, or in any manner commercially exploit, any copyright-protected element of the site, including the content and/or software on the site; (2) make any use of WHA's trademarks and/or trade dress; (3) frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including, but not limited to, images, text, page layout, and/or form) of WHA; or (4) use any metatags or any other "hidden text" utilizing WHA's name or trademarks. 

PRIVACY.  Please review our Internet Privacy Practices to understand our privacy practices.

CONTENT, PRODUCTS AND SERVICES.  WHA reserves the right to change or discontinue any content, products and services made available through the site at any time and without any notice to you. 

PASSWORDS.  In order to access certain features of our site, you must register and create a password.  We require registration as part of a verification system designed to protect your privacy and security as well as the privacy and security of the information you are accessing.  If you choose to register on our site, you are responsible for maintaining the security of your password and other login information. 

DISCLAIMER.  Our site contains or links to various types of information originating from ourselves or third parties, including outside vendors that provide health-related information or goods and services.  Although we have taken care to make sure our information is accurate and useful, we urge you to consult a physician if you want professional assurance that our information, and your interpretation of our information, is appropriate to your particular situation. 

ASSUMPTION OF RISK AND HOLD HARMLESS.  You assume full risk and responsibility for your use of this site and the information it contains.  The medical and health-related information on the site is intended to be a general information resource only.  It does not constitute medical advice and is not a substitute for professional medical advice or treatment.  You are responsible for seeking professional medical advice if you have any questions about your health or a health condition. 

You agree to hold Western Health Advantage and its affiliates harmless from any and all claims relating to your use of, your reliance upon, or errors or omissions in, information found on this site.

NO WARRANTY.  The services, information and functions contained on our site are provided "as is" without warranty of any kind.  We expressly disclaim any and all representations and warranties, express or implied, including those of accuracy, completeness, timeliness, non-infringement, merchantability and fitness for a particular use or purpose of the information, functions or services included on our site, or that the site's operations will be uninterrupted or error-free.  We are not responsible for the content of any linked website or any link contained in a linked website, except to the extent that such website or link is owned and operated by Western Health Advantage.

LIMITATION OF LIABILITY.  Use of our site is at your own risk.  We do not own or control other networks, sites, or hyperlinked sites outside of our own site, including the outside vendors accessed through our site.

We will not be liable to you or anyone else for any harm to you or others resulting from the use of our site and/or the products and services provided through our site.  To the maximum extent permitted by law, in no event will we be liable to you or anyone else for any special, incidental, direct, indirect, consequential or punitive damages whatsoever, including, without limitation, damages for personal injury, wrongful death, loss of revenue, business interruption, loss of business information or any other pecuniary loss, loss of technology, loss of rights or services, loss of data, interruption or loss of use of any equipment, mental anguish, emotional distress, or invasion of privacy, arising out of the use of or inability to use our site and/or the products and services provided through our site, even if we have been advised of the possibility of such damages, whether under theory of contract, tort (including negligence), strict liability, or otherwise. 

We are not responsible or liable for the acts or omissions of outside vendors or information providers, or for performance (or non-performance) within outside networks or interconnection points between our site and other networks and/or sites that are operated by third parties.  We also make no representation regarding your ability to transmit and receive information from or through our site, and you agree and acknowledge that at times your ability to access our site may be impaired or disrupted.  Although we will use commercially reasonable efforts to take any action we consider appropriate to remedy and avoid such events, we cannot guarantee that they will not occur, and accordingly we disclaim any and all liability resulting from or related to such events. 

We are not liable for any failure or delay in our performance due to any cause beyond our reasonable control, including acts of war, acts of god, earthquake, flood, embargo, riot, sabotage, labor shortage or dispute, governmental act or failure of the internet.

LIMITATION OF LIABILITY FOR YOUR EMPLOYER.  You agree that your employer shall not be subject to any claims, whether in contract, tort, or otherwise, based on your use of this site, and your employer shall not be liable for any direct, indirect, consequential, special, exemplary, or other damages that may result from your use of the site, including, but not limited to, any such damages with respect to any economic loss, injury, illness, or death.

INDEMNIFICATION.  You agree to defend, indemnify and hold WHA and its directors, officers, employees, agents, affiliates and successors harmless from and against any and all claims, demands, liabilities, judgments, losses, damages, costs, fees and expenses (including but not limited to reasonable attorneys' fees) arising from or relating to your use of the site or your acts or omissions, including but not limited to (1) infringement or misappropriation of any intellectual property rights, (2) defamation, libel, slander, obscenity, pornography, or violation of the rights of privacy or publicity, (3) spamming, or any other offensive, harassing or illegal conduct or violation of this Agreement, or (4) any damage or destruction to our site, to us, or to other persons or parties. 

TERMINATION AND INVESTIGATION.  WHA may terminate the license granted to you under the above "License and Website Access" section at any time without notice from WHA in WHA's sole discretion. 

We reserve the right to investigate suspected violations of this Agreement.  If we become aware of possible violations, we may initiate an investigation that may include gathering information from you or any user involved and the complaining party, if any, and examination of other material.  We may suspend the provision of our services temporarily, or we may permanently remove the material involved from our servers, cancel posts, provide warnings to you, or suspend or terminate your access to our services.  We will determine what action will be taken in response to a violation on a case-by-case basis, and at our sole discretion.  We will fully cooperate with law enforcement authorities in investigating suspected lawbreakers. 

BREACH.  You hereby acknowledge that your breach of this Agreement may result in immediate and irreparable harm to WHA, for which there will be no adequate remedy at law, and that WHA shall be entitled to equitable relief to compel you to cease and desist all unauthorized use, evaluation and/or disclosure of information obtained through the site.  Your breach of this Agreement may also entitle WHA to bring an action against you for any and all other remedies available at law or in equity. 

JURISDICTION.  We operate and control our site from our location in California, United States of America.  We make no representation that any information, materials or functions included on or through our site are appropriate for use in any other jurisdiction.  If you choose to access our site from locations other than California, you do so on your own initiative and are responsible for compliance with applicable laws and regulations. 

This Agreement, and the rights and obligations of you and WHA hereunder, shall be governed by, and construed in accordance with, the laws of the State of California.  You further agree that any legal action or proceeding between you and WHA arising out of or relating to this Agreement or your use of the site shall be brought exclusively in a federal or state court of competent jurisdiction sitting in Sacramento, California, and you hereby expressly and irrevocably consent to the jurisdiction and venue of such courts. 

NO WAIVER; SEVERABILITY.  A waiver of any breach of any provision of this Agreement shall not be deemed to be a waiver of any repetition of such breach or in any manner affect any other terms or conditions of this Agreement.  In the event that any provision of this Agreement is held to be unenforceable, it will not affect the validity or enforceability of the remaining provisions and will be replaced by an enforceable provision that is the closest to the intention underlying the unenforceable provision. 

ASSIGNABILITY.  We may assign our rights and delegate our duties under this Agreement either in whole or in part at any time, at our sole discretion, and without your consent.  You may not assign, sublicense or otherwise transfer your rights or obligations, in whole or in part, under this Agreement to anyone else. 

RELATIONSHIP.  This Agreement does not establish any relationship of partnership, joint venture, employment, franchise or agency between you and us. 

Date last updated: 2/3/2009