Avaneer Health Website Terms of Use
These Terms and Conditions of Use (“Terms of Use”) govern the website of the Health Utility Network, Inc., d/b/a (“Avaneer Health”). The website and its contents are the property of Avaneer Health and its licensors.
BY USING THE WEBSITE, YOU AGREE THESE TERMS OF USE; IF YOU DO NOT WISH TO AGREE, DO NOT USE THE WEBSITE.
We have the right, in our sole discretion, to change these Terms of Use, at any time. You should periodically check these Terms of Use for changes. If you continue to use the website after we have posted changes, you will have agreed to the changed Terms of Use. If you comply with these Terms of Use, we give you a personal, non-exclusive, non-transferable, revocable, and limited privilege to use the website as set forth below.
Use of the Website and its Content
All information, graphics, trademarks, logos, sounds, music, artwork and computer code or any other content of any kind (collectively, “Content”) contained on the website is owned, controlled or licensed by or to Avaneer Health and is protected by copyright, trademark, and various other intellectual property rights,
Except as expressly provided in these Terms of Use, you may not copy, scrape, reproduce, republish, upload, post, publicly display, transmit or distribute in any way (including “mirroring”) to any other computer, server, website, or other medium for publication or distribution or for any commercial entity or purpose, without Avaneer Health’s express prior written consent.
We grant you permission to temporarily download one copy of the Content on Avaneer Health’s website solely for personal transitory viewing. Under this license, you may not: 1) modify or copy the Content; 2) use the Content for any commercial purpose or for any public display, whether commercial or noncommercial; 3) attempt to decompile or reverse engineer any software on the website; 4) remove any copyright or other proprietary notices from the Content; or, 5) transfer the Content to anyone else or mirror the Content to any other server.
You also may not use the website or any Content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of Avaneer Health or others.
Privacy
Avaneer Health’s website Privacy Statement also applies to use of the website and it is part of these Terms of Use by reference. You can see our website Privacy Statement here avaneerhealth.com/privacy-policy/.
Links to Other Sites
Our website may have links to third-party websites. Those third-party websites are linked solely as a convenience to you. Those third-party websites are not controlled by us, and we do not have any responsibility for or endorse them or their content. You are solely responsible for deciding whether visit those third-party websites and your interaction with those third-party websites.
Disclaimers
AVANEER HEALTH DOES NOT REPRESENT OR WARRANT THAT: THE WEBSITE OR ANY OF ITS CONTENT, SERVICES OR FEATURES WILL BE ERROR-FREE OR UNINTERRUPTED: THAT AVANEER HEALTH WILL CORRECT ANY DEFECTS IN THE WEBSITE OR ITS CONTENT; OR, THAT THE WEBSITE WILL PRODUCE SPECIFIC RESULTS OF ANY KIND. THE WEBSITE AND ITS CONTENT ARE DELIVERED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. AVANEEER HEALTH DOES NOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE SITE WILL BE FREE OF VIRUSES OR OTHER DESTRUCTIVE FEATURES. AVANEER HEALTH DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. AVANEER HEALTH DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF AVANEER HEALTH AND ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE WEBSITE AND/OR ANY AVANEER HEALTH SERVICES. YOU ARE FULLY RESPONSIBLE FOR YOUR USE OF THE WEBSITE AND ITS CONTENT AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST AVANEER HEALTH FOR ANY REASON RELATING TO THE WEBSITE OR ANY CONTENT IS TO STOP USING THE WEBSITE OR ANY SUCH CONTENT. THIS LIMITATION OF LIABILITY IS A PART OF THE BARGAIN BETWEEN THE PARTIES.
The above disclaimer applies to any damages, liability, or injuries of any kind, including any relating to any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.
Avaneer Health has the right, at any time, without notice to modify, suspend, or terminate operation of or access to the website or any portion of the website for any reason and to make changes to the website and its Content or links or these Terms of Use.
Limitation of Liability
Except where prohibited by law, in no event will Avaneer Health be liable to you for any indirect, consequential, exemplary, incidental, or punitive damages, including lost profits, even if Avaneer Health has been advised of the possibility of such damages.
If, notwithstanding the other provisions of these Terms of Use, Avaneer Health is found to be liable to you for any damage or loss which arises out of or is in any way connected with your use of the website or any Content or links, Avaneer Health’s liability shall in no event exceed US $10,000. Some jurisdictions do not allow limitations of liability, so the foregoing limitation may not apply to you.
Indemnity
You agree to indemnify and hold Avaneer Health, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, consultants, subsidiaries, and affiliates, harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against Avaneer Health by any third party due to or arising out of or in connection with your use of the website or its Content or links.
Violation of These Terms of Use
Avaneer Health may disclose any information we have about you (including your identity) if we determine the disclosure is necessary in connection with any investigation or complaint regarding your use of the website or its Content or links, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) Avaneer Health’s rights or property, or the rights or property of visitors to or users of the website or its Content or links, Avaneer Health has the right at all times to disclose any information it Apple deems necessary to comply with any applicable law, regulation, legal process or governmental request. Avaneer Health also may disclose your information when it determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.
You agree that Avaneer Health may, in its sole discretion and without prior notice, terminate your access to the website and its Content and links and/or block your future access for any reason without any liability to you.
Governing Law; Dispute Resolution
You agree that all matters relating to your access to or use of the website and its Content and links, including all disputes, will be governed by the laws of the United States and by the laws of the State of Illinois without regard to its conflicts of laws provisions. You agree to the personal jurisdiction by and venue in the state and federal courts in Chicago, Illinois, USA, and waive any objection to such jurisdiction or venue.
Miscellaneous
You may not use or export or re-export any Content or any copy or adaptation of such Content in violation of any applicable laws or regulations, including without limitation United States export laws and regulations.
If any of the provisions of these Terms of Use 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 of Use, so that these Terms of Use shall remain in full force and effect. These Terms of Use constitute the entire agreement between you and Avaneer Health regarding your use of the website or its Content and links, and any and all other written or oral agreements or understandings previously existing between you and Avaneer Health relating to the website and its Content and links are hereby superseded and cancelled.
Feedback and Information
Any information, including feedback, you provide to Avaneer Health through or in connection with the website shall be deemed to be non-confidential. Avaneer Health shall be free to use and disclose such information on an unrestricted basis.
The information contained in this web site is subject to change without notice.
Copyright © All rights reserved. Health Utility Network, Inc., Chicago Illinois, USA.
