Terms & Conditions

Legal Information and Terms of Use

WEBSITE TERMS AND CONDITIONS

Please read the following Important Legal Information and Terms of Use (the “Terms of Use”) prior to using this website. By using or otherwise accessing this website you agree to the terms, conditions, policies and restrictions governing the use of this website, which thus constitute a legal agreement between you and Advancium Health Network (“Advancium”). Advancium may change, suspend or discontinue any aspect of this website at any time, including the availability of any feature, database or content therein. Advancium may also modify these Terms of Use without notice to you, and such modified Terms of Use shall be effective immediately upon posting. IF YOU DO NOT AGREE TO ABIDE BY THESE TERMS AND CONDITIONS, DO NOT USE THIS WEBSITE. YOUR CONTINUED USE OF THIS WEBSITE FOLLOWING THE POSTING OF ANY CHANGES TO THE TERMS OF USE CONSTITUTES ACCEPTANCE OF SUCH CHANGES.

You must abide by any and all terms of use and policies posted on this website.

Purpose

The contents of this website are intended for general information purposes only. Advancium does not render, purport to render, or offer to render any form of advice through this website.

Authority

By using this website, you represent that you are at least 13 years old. Persons who are at least 13 years of age but under the age of 18 may only use the website with legal parental or guardian consent. Accordingly, you agree that you are at least 18 years of age or older or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, representations and warranties set forth in the Terms of Use; otherwise, please exit the website.

Limited Right of Use/Ownership of Contents

The contents of this website are intended for the personal, non-commercial use of its users. All materials published on this website or made available through this website (the “Content”) are protected by copyright, trademark and all other applicable intellectual property laws, and are owned and controlled by Advancium or a party credited as the provider of such Content. Except as specifically set forth in these Terms of Use, you may not modify, adapt, translate, exhibit, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, perform, display, reverse engineer, decompile or disassemble, or in any way exploit any of the Content or software forming part of this website in whole or in part.

Advancium reserves the right to terminate at any time and without notice any users’ access to this website.

Disclaimers, Limitation of Liability and Indemnification

ADVANCIUM HEREBY DISCLAIMS ALL WARRANTIES AND REPRESENTATIONS OF ANY KIND WITH REGARD TO THIS WEBSITE, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, FREEDOM FROM VIRUSES OR OTHER HARMFUL CODE, OR FITNESS FOR A PARTICULAR PURPOSE.

This website and the information contained herein are provided “as is.” The information contained on this website is gathered from sources deemed to be reliable; however, Advancium does not warrant the accuracy, adequacy or completeness of the information and material contained on this website as of the viewing date and expressly disclaims liability for errors or omissions in such information and materials. Advancium does not make any commitment to update material or information on this website.

ADVANCIUM IS NOT LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES ARISING OUT OF ANY USE OR INABILITY TO USE THIS WEBSITE OR ANY PORTION THEREOF, REGARDLESS OF WHETHER ADVANCIUM HAS BEEN APPRISED OF THE LIKELIHOOD OF SUCH DAMAGES OCCURRING AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE.

By accessing and/or using this website, you agree to indemnify, defend and hold Advancium, its affiliates and their respective officers, directors, partners, employees, members, agents, information providers, licensors and licensees (collectively, the “Indemnified Parties”) harmless from and against any and all liability and costs, including without limitation reasonable attorneys’ fees and expenses, incurred by the Indemnified Parties in connection with any claim arising out of or breach by you of these Terms of Use or the representations, warranties and covenants deemed made by you hereunder. You agree to cooperate as fully as reasonably required in the defense of any claim. Advancium reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. You shall not enter into any settlement agreement which affects the rights of any of the Indemnified Parties or requires the taking of any action by any of them, without Advancium’s prior written approval.

There may be legal requirements in various countries and jurisdictions which may restrict the information that can be accessed. Persons who obtain information from this website should inform themselves about and observe any restrictions imposed in the jurisdiction in which this website is accessed.

SUBMITTED MATERIALS & SUBMITTING PLANS

Unless specifically requested, Advancium does not solicit, nor does Advancium wish to receive, any confidential, secret or proprietary information or other material from you through this website, by e-mail, or in any other way. Any materials submitted or sent on or through this website in any manner (collectively, “Submitted Materials”) will be deemed not to be confidential or secret, and may be used by us in any manner consistent with these Terms of Use and our Privacy Policy. By submitting Submitted Materials on this website, you: (i) represent and warrant that you either own your Submitted Materials, or that you have the necessary licenses, rights, consents and permissions to use such Submitted Materials and submit them to this website; and (ii) you grant Advancium a royalty-free, unrestricted, worldwide, perpetual, irrevocable, non-exclusive and fully transferable, assignable and sublicensable right and license to use such material (in whole or part) in any manner and/or to incorporate it (in whole or in part) in other works (including, without limitation, this website), products or services in any form, media, or technology now known or later developed. Advancium is not obligated to review any Submitted Materials. Advancium cannot be responsible for maintaining any Submitted Material you provide to this website, and we may delete or destroy any such Submitted Material at any time.

Notification of Copyright Infringement Under the Digital Millennium Copyright Act (DMCA)

We respect the intellectual property rights of others, and require that the people who use the website do the same. We may terminate the use privileges of users who are repeat infringers of intellectual property rights. Accordingly, you may not store any material or content on, or disseminate any material or content over, the website in any manner that constitutes an infringement of third party intellectual property rights, including rights granted by U.S. copyright law. If you believe in good faith that your work has been copied in a way that constitutes copyright infringement, please forward the following information to the Copyright Agent named below:

Your address, telephone number, and email address;

A description of the copyrighted work that you claim has been infringed;

A description of the allegedly infringing material and information reasonable sufficient to permit us to locate the material;

A statement by you that you have a good faith belief that the disputed use is not authorized by you, the copyright owner, its agent, or the law;

An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and

A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

Copyright Agent

Attn: Copyright Agent
Advancium Health Network
345 Park Avenue South
New York, NY 10010
info@advanciumhealth.org

USER CONDUCT

Without limitation of the other terms and conditions set forth herein, while accessing or using this website, the Content and/or the various other features available on this website, you agree that you shall not:

impersonate any person or entity or misrepresent your affiliation with any other person or entity, whether actual or fictitious, including anyone from this website or Advancium;
use, redistribute, republish or exploit any part of this website or any Content for any commercial or promotional purposes;
obtain or attempt to gain unauthorized access to other computer systems, materials, information or any services available on or through this website through any means, including through means not intentionally made publicly available or provided for through this website;
use this website, the Content or its features and services in any manner that could interrupt, damage, disable, overburden or impair this website or interfere with any other party’s use and enjoyment of this website, including, without limitation, sending mass unsolicited messages or “flooding” servers with requests;

use this website or the Content (including by submitting Submitted Materials) to, or in any other manner, violate, plagiarize or infringe the rights of third parties, including without limitation, copyright, trademark, trade secret, confidentiality, contract, patent, rights of privacy or rights of publicity or any other proprietary or legal right;
upload, post, publish, distribute or otherwise transmit any information or material which constitutes or contains a virus, spyware, or other harmful component, or which contains any embedded links, advertising, chain letters or pyramid schemes of any kind;
disclose any sensitive, proprietary or confidential information, about yourself or anyone else, other than your own personally identifiable information where specifically requested by Advancium;
attempt (or encourage or support anyone else’s attempt) to circumvent, reverse engineer, decrypt, or otherwise alter or interfere with this website; or
use this website or its services (or any Content), in whole or in part, or submit any information to this website, in violation of any applicable law, rule or regulation.

Violation of any of the above may, at any time without prior notice, result in a warning, temporary limit, suspension or immediate termination of your access to the website, reporting of your conduct to authorities, or legal action, as may be appropriate in the sole discretion of Advancium. You acknowledge that Advancium is not responsible for and does not assume any liability for users’ acts or omissions, including, without limitation, with respect to the aforementioned activities.

HYPERLINK POLICY

At certain places on this website, live ‘links’ to other Internet addresses can be accessed. Such external Internet addresses contain information created, published, maintained, or otherwise posted by institutions or organizations independent of Advancium. Advancium does not endorse, approve, certify, or control these external Internet websites and does not guarantee or assume responsibility for the accuracy, completeness, efficacy or timeliness of information located at such websites, nor does Advancium warrant that such websites are free from claims of copyright, trademark, or other infringement of the rights of third parties or that such websites or content are devoid of viruses or other contamination. Use of any information obtained from such websites is voluntary, and at such user’s own risk, and reliance on it should only be undertaken after an independent review of its accuracy, completeness, efficacy, and timeliness. Reference therein to any specific commercial product, process, or service by trade name, trademark, service mark, manufacturer, or otherwise does not constitute or imply endorsement, recommendation, or favoring by Advancium. You acknowledge and agree that we have no responsibility for the information, content, products, services, advertising, code or other materials which may or may not be provided by or through such other sites.

COPYRIGHT AND TRADEMARKS

MISCELLANEOUS

These Terms of Use constitute the entire agreement between you and Advancium and govern your use of this website and any services offered through this website. This agreement supersedes any prior terms of use or other agreements concerning the subject matter hereof between you and Advancium.

These Terms of Use and the relationship between you and Advancium shall be governed by, and construed and enforced in accordance with, the laws of the State of New York without regard to its conflict of law provisions that might cause the application of the laws of another jurisdiction. You agree to submit to the personal and exclusive jurisdiction of the federal and state courts located within the County, City and State of New York for the resolution of any disputes arising out of or relating to these Terms of Use or this website.

The failure by Advancium to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision, and no waiver shall be enforceable unless in writing and signed by the party against whom enforcement is sought. If any provision of these Terms of Use is found by a court of competent jurisdiction to be invalid, the other terms and conditions of these Terms of Use shall remain in full force and effect.

Last Updated: March 2022

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