Please read this agreement ("Agreement") carefully before accessing or using the DirectHealth website at www.directhealthmall.com (the "Site"). By accessing or using the Site, You agree to be bound by this Agreement. DirectHealth provides the information and services on this Site to you, the user, conditioned on your acceptance without modification of the terms, conditions and notices contained herein. Your use of the Site constitutes your agreement to all such terms, conditions and notices.
The information, products and services offered on the Site are provided with the understanding that neither DirectHealth nor its representatives are engaged in rendering legal services or other such advice. Your use of the Site is subject to the additional disclaimers and notices that may appear throughout the Site.
DirectHealth and its representatives assume no responsibility for any consequence relating directly or indirectly to any action or inaction that you take based on the information, services or other material on this Site. While DirectHealth strives to keep the information on this Site accurate, complete and up-to-date, DirectHealth and its representatives cannot guarantee, and will not be responsible for any damage or loss related to, the accuracy, completeness or timeliness of the information.
PERSONAL AND NONCOMMERCIAL USE LIMITATION: PROHIBITED USES
DirectHealth provides members with member-direct access to discounted laboratory testing and a wide variety of other discounted products and services through affiliate partners. DirectHealth grants You access to the Site during the term of this agreement to post content and receive the Services. You may access, download, and print materials as necessary to receive the Services. You may not license, copy, distribute, create derivative works from, frame in another Web page, use on any other Web site, or sell any information, databases or lists obtained from the Site, except as expressly permitted on the Site. When requested, you agree to provide true, accurate and complete user information. You shall not access or attempt to access password protected, secure or non-public areas of the Web site without DirectHealth's prior written permission. You will comply with all privacy laws.
All materials on this Site (as well as the organization and layout of the Site) are owned and copyrighted, licensed by, or used with permission that is granted to DirectHealth. No reproduction, distribution, or transmission of the copyrighted materials at this Site is permitted without the prior written permission of DirectHealth or as specifically permitted on the Site.
You agree that you will not disclose Confidential Information to any person or entity outside of your organization. You will not use or permit the use of any Confidential Information except as necessary in connection with the Services. You shall use at least the same degree of care in safeguarding the Confidential Information as you use in safeguarding your own confidential information, but in no event shall you use less than due diligence and care. "Confidential Information" means all information or material which: (i) is obtained from password protected portions of the Site or (ii) which is (A) marked "Confidential," "Restricted,” or other similar marking, (B) known by the parties to be considered confidential, or (C) which should be known or understood to be confidential or proprietary by an individual exercising reasonable judgment.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of this Site, you warrant to DirectHealth that you will not use this Site for any purpose that is unlawful or prohibited by these terms. If you violate any of these terms, your permission to use the Site automatically terminates. You may not without the prior written permission of DirectHealth use any computer code, data mining software, "robot," "bot," "spider," "scraper" or other automatic device, or program, algorithm or methodology having similar processes or functionality, or any manual process, to monitor or copy any of the Web pages, data or content found on this site or accessed through this site.
If you are under the age of 13, you may not use this Site without parental consent.
DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THIS SITE AND THE SERVICES OFFERED AT THE SITE IS AT YOUR SOLE RISK. THE SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. DIRECTHEALTH 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 AND NON-INFRINGEMENT. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT DIRECTHEALTH SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SITE OR SERVICES; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES RESULTING FROM ANY DATA, INFORMATION OR SERVICES OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO ON THE SITE OR THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SITE OR THE SERVICES. IN NO EVENT WILL OUR MAXIMUM LIABILITY TO YOU EXCEED THE AMOUNT YOU PAID TO US FOR THE SUBJECT SERVICES OR $100, WHICHEVER IS GREATER.
LINKS TO THIRD PARTY SITES
LINKS TO OUR SITE
RULES OF CONDUCT
DirectHealth may offer the opportunity for users of the site to contribute ideas, comments, questions, video, audio, text and other communications to or from the Site (the "User Content") in message boards, blogs, galleries, on-line stores and other features of the Site ("User Input Areas") that may be offered from time to time and may be operated by DirectHealth. At all times during your use of the Site, User Content and User Input Areas, you agree to abide by the DirectHealth Rules of Conduct.
You acknowledge that User Content is not endorsed by DirectHealth and such user content should not be considered to have been reviewed, screened or approved by DirectHealth. You should exercise discretion before relying on information contained in User Content. You agree to evaluate, and assume all risks associated with the use of any User Content, including without limitation any risk relating to any reliance on the accuracy, completeness, or usefulness of such User Content.
You shall not (nor cause any third party to) use the Site to perform any illegal activities (including without limitation defaming, abusing, harassing, stalking, threatening or otherwise violating the legal rights - such as rights of privacy –of others) or immoral activities or any of the following types of activities, without limitation: a) transmitting information that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party; b) transmitting any material that contains software viruses, trojan horses, worms, time bombs, cancelbots, or any other computer code, files, or programs which may interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; c) impersonating anyone or any entity, falsely stating or otherwise misrepresenting your affiliation with a person or entity; d) advertising or commercial content; e) interfering with or disrupting the Site; f) disrupting the activities or enjoyment of the Site for other users; or g) collecting, or storing personal data about other users; h) posting pornography or sexually explicit content; i) posting content showing dangerous or illicit acts; j) posting content showing graphic or gratuitous violence; or k) posting content which includes hate speech, racial slurs, or malicious use of stereotypes. You agree to abide by all applicable local, state and federal laws and regulations and are solely responsible for all acts or omissions that occur under your account or password, including without limitation any of the User Content created or submitted by you.
CHANGES TO SITE
DirectHealth may make improvements or changes in the information, services, products, and other materials on this Site, or terminate this Site at any time. DirectHealth may modify this Agreement at any time, and such modifications shall be effective immediately upon posting of the modified Agreement. Accordingly, you agree to review the Agreement periodically, and your continued access or use of this Site shall be deemed your acceptance of the modified Agreement.
DIGITAL MILLENIUM COPYRIGHT ACT
If you believe that any material contained on the Site infringes your copyright or other intellectual property rights, you should notify DirectHealth of your copyright infringement claim in accordance with the following procedure. DirectHealth will process notices of alleged infringement, which it receives and will take appropriate action as required by the Digital Millennium Copyright Act (DMCA) and other applicable intellectual property laws. The DMCA requires that notifications of claimed copyright infringement should be sent to this Site's Designated Agent. Please contact us for the contact information of our Designated Agent. To be effective, the notification must be in writing and contain the following information (DMCA, 17 U.S.C. §512(c)(3)):
• Physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
• Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
• Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;
• Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
• A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
• A statement, made under penalty of perjury, that the information in the notification is accurate and that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
E-mails sent to our desginated agent for purposes other than communication about copyright claims may not be acknowledged or responded to. DirectHealth will, in appropriate circumstances, terminate repeat infringers. If you believe that an account holder or subscriber is a repeat infringer, please follow the instructions above to contact DirectHealth and provide information sufficient for us to verify that the account holder or subscriber is a repeat infringer.
This site is intended to and directed to residents of the United States where state law permits the offering of discounted health related products and services. In those states that do not allow such services, DirectHealth will decline service requests to remain compliant with specific state laws. All advertising claims contained in this site are valid only in the United States. This Agreement and the resolution of any dispute related to this Agreement or this Site shall be governed by and construed in accordance with the laws of Kansas, without giving effect to any principles of conflicts of law. Failure by DirectHealth to insist upon strict enforcement of any provision of this Agreement shall not be construed as a waiver of any provision or right. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of this Site or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred. Any legal action or proceeding between DirectHealth and you related to this Agreement shall be brought exclusively in the state of Kansas. If any of these terms shall be deemed invalid, void, or for any reason unenforceable, that term shall be deemed severable and shall not affect the validity and enforceability of any remaining term.
DirectHealth and other logos, product and service names are trademarks and service marks owned by or licensed to DirectHealth or its affiliates (the "Marks"). Without the prior written permission of DirectHealth, or its appropriate affiliate partners, you agree not to display or use in any manner, the Marks. All other trademarks are the property of their respective owners.
© Copyright 2014 DirectHealth. All rights reserved.
Last Updated: November 1, 2014