TERMS OF SERVICE
These Terms of Service (the “Terms”) constitute a legal agreement between “you” and Managed Health Connections, Inc., a Delaware corporation (“Company,” “we” or “us”) and govern your access to and use of our web-based training platform (the “Platform”) made available to be accessed by you in connection with the Neowithdrawal training program (the “Program”). These Terms expressly supersede any “click-wrap” terms on the Platform. IF YOU DO NOT ACCEPT ALL OF THE TERMS AND CONDITIONS HEREIN, COMPANY IS UNWILLING TO ALLOW YOU TO ACCESS THE PLATFORM, NO LICENSE IS GRANTED AND YOU ARE NOT AUTHORIZED TO ACCESS OR USE THE PLATFORM. The parties agree as follows:
1. License Grant. Subject to all of the terms and conditions herein, Company hereby grants you a non-exclusive, personal, non-transferable, non-assignable, limited license to use and access the Platform solely in accordance with the Terms. The Platform is licensed to you, not sold, and Company reserves the right to revoke such license at any time and disable your ability to use or access the Platform for any reason or for no reason.
2. Privacy Policy. Company’s Privacy Policy is available online at https://neowithdrawal.com/privacy-policy-2/ (the “Privacy Policy”). The Privacy Policy provides information regarding the Company’s privacy practices and how Company uses personal information in connection with providing the Platform.
3. Proprietary Rights. The Platform and Program are protected by copyright laws, international copyright treaties, and other intellectual property laws and treaties. All rights in the Platform and Program not expressly licensed under these Terms are reserved to Company. You shall not reproduce, retransmit, disseminate, sell, publish, broadcast, circulate, rent, lease, sublicense, assign, or otherwise transfer any portion of the Platform except as expressly authorized in these Terms. No right to use any trademark or trade name of Company is granted to you hereunder.
4. Usage.
4.1 User Content. Company may allow you to upload or post text, audio, video, images, or other content through the Platform (“User Content”). All User Content you provide to Company, whether via the Platform or otherwise, shall be deemed to be non-confidential. Subject to the Privacy Policy and applicable law, Company may use such User Content in connection with providing the Platform to you.
4.2 Prohibited user Content. When you use the Platform, you agree not to upload, post, modify, distribute, or otherwise transmit any User Content that:
A. is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, harassing, threatening, harmful, invasive of privacy or publicity rights, abusive, inflammatory or otherwise injurious to third parties;
B. is protected by any patent, trademark, trade secret, copyright, or other intellectual or proprietary right, unless you own such rights or have received all necessary consent;
C. impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity, or interfere with someone else’s use of the Platform;
D. is harmful, including without limitation, viruses, Trojan horses, worms, time bombs, zombies, cancelbots, or any other computer programming routines that may damage, interfere with, surreptitiously intercept or expropriate any system, program, data or personal information; and/or
E. violates any applicable local, state, national or international law.
(collectively “Prohibited User Content”). You represent and warrant that you have the necessary rights to any User Content you upload.
5. Legal Compliance. You represent and warrant to Company that by accessing or using the Platform that you: (i) you are not located in a country that is subject to a U.S. Government embargo, or has been designated by the U.S. Government as a “terrorist supporting” country; (ii) you are not listed on any U.S. government list of prohibited or restricted parties; (iii) you possess all necessary rights to post any User Content you post using the Platform; and (iv) you will not post any Prohibited User Content.
6. Third Party Content. The Platform may display, include, make available or link to content, data, information, applications, websites or materials from third parties (“Third-Party Content”). Company is not responsible for the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, efficiency, advertising, terms of use, privacy policy, practices, software code or any other aspect of the Third-Party Content. You are encouraged to read the terms of use and privacy policy of any third-party websites to which you connect when using the Platform. Company disclaims all liability arising from or relating to the Third-Party Content. Third-Party Content may contain proprietary content, information and material that is protected by applicable intellectual property and other laws, including but not limited to copyright and trademark laws. You may not use such proprietary content, information or materials in any way whatsoever except to use the Platform for its intended purposes.
7. Internet Access. Use of the Platform requires an internet connection and may result in charges from your internet service Company. Company is not responsible for any such charges. Company is also not liable for any disruption, failure or malfunction of the internet or other service providers or for any other situation or event that is outside Company’s reasonable control. COMPANY IS NOT RESPONSIBLE FOR ANY ACTS OR OMISSIONS OF YOUR CELLULAR COMMUNICATION OR INTERNET SERVICE COMPANYS, OR UNAVAILABILITY OR ERRORS ASSOCIATED WITH THEIR SYSTEMS OR SERVICES.
8. Restrictions on Use. Unless and to the extent specifically provided otherwise in writing by Company, you may not: (i) separate any individual component of the Platform for use; (ii) incorporate any portion of the Platform into other software or compile any portion of it in combination with other software; (iii) use the Platform, or any portion of the Platform, with any other service; (iv) sell, rent, lease, lend, loan, distribute, assign or sublicense the Platform or otherwise transfer any rights to it in whole or in part; (v) modify, reverse engineer, decompile, remove any proprietary notices or disassemble the Platform in whole or in part, or create any derivative works from or of the Platform, or encourage, assist or authorize any other person to do any of these things; (vi) scrape or otherwise use an automated system or software to extract information from the Platform; or (vii) make copies of or distribute the Platform or electronically transfer it or any portion of it from one computer to another or over a network.
Company may discontinue some or all of the functionality of the Platform at any time. We may also terminate your right to use the Platform at any time, and in such event we may modify it to make it inoperable. You agree to abide by all laws and regulations in effect regarding your use of the Platform, including without limitation, all health care laws and laws relating to copyright-protected content. You may not authorize or assist any third party to do any of the things prohibited in this paragraph.
9. Updates. Company may from time to time, in its sole discretion, make updates, modifications, supplements or new versions of the Platform or portions thereof available to you under these Terms for the purpose of, among other things, distributing bug fixes, patches and feature improvements. We highly recommend that you enable automatic updating on your mobile device or that you promptly install all updates as they appear. Company disclaims any and all liability relating to Your failure to install any updates to the Platform. Notwithstanding the foregoing, Company does not have any obligation to provide any bug fixes, modifications, updates, or technical or end user support for the Platform.
10. Collection and Use of Data. You acknowledge that the Platform automatically collects information, data and statistics relating to your use of the Platform, and compiles such information, data and statistics. Subject to the terms of the Privacy Policy, Company reserves the right to use such information, data and statistics in the course of Company’s business, and you hereby agree to Company’s use.
11. Login Credentials. You agree that you will not share your user account information with others at any time without the prior written consent of Company. You warrant, and Company may assume and rely on the assumption, that any activity and use of the Platform under your user account is done by you. You are solely responsible for maintaining the security of your login credentials, and you agree that Company will not be liable for any loss or damages resulting from your disclosure of such credentials. You agree to notify Company immediately of any unauthorized access to or use of your account information or of your login credentials.
12. Termination. Without limiting its rights and remedies, if you fail to comply with the terms and conditions of these Terms, Company may, in its sole discretion, terminate your access to the Platform effective immediately upon any such failure. Upon any such termination, you must promptly cease all use of the Platform and discontinue exercising all rights granted by these Terms. Sections 3 through 14 of these Terms will survive any termination of these Terms.
13. Export Law Compliance. You acknowledge that the Platform is of U.S. origin. You agree to comply with all applicable international and national laws that apply to the Platform, including all applicable U.S. export-control laws and regulations, as well as any end-user, end-use and destination restrictions issued by U.S. and other governments.
14. Void Where Prohibited. Although the Platform is accessible worldwide, not all features or services discussed, referenced, provided or offered through or on the Platform are available to all persons or in all geographic locations, or appropriate or available for use outside the United States. Company reserves the right to limit, in its sole discretion, the provision and quantity of any feature, product or service to any person or geographic area. Any offer for any feature, product or service made on the Platform is void where prohibited.
15. Miscellaneous. If any of the provisions of these Terms are held by a court or other tribunal of competent jurisdiction to be void or unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these Terms, so that these Terms shall remain in full force and effect. Company’s failure to insist on or enforce strict performance of these Terms shall not be construed as a waiver by Company of any provision or any right it has to enforce these Terms, nor shall any course of conduct between Company and you or any other party be deemed to modify any provision of these Terms. These Terms shall not be interpreted or construed to confer any rights or remedies on any third parties.
[End Terms of Service]