Use of Website and Restrictions
HealthCPA may provide you with the ability to post, transmit or otherwise exchange information for the limited purpose of sharing ideas, suggestions, feedback and information through the Website, including through the “Contact Us” link. HealthCPA has no obligation to monitor such information or other user-generated content (collectively, “Comments”). You agree that HealthCPA or any of its affiliates may use your Comments for any purpose whatsoever. Further, you agree that any intellectual property discovered, invented, derived from, or based upon, HealthCPA's use of such Comments shall be owned exclusively by HealthCPA. HealthCPA is and shall be under no obligation to: (i) maintain any Comments in confidence; (ii) pay you or any other party any compensation for any Comments; or (iii) respond to any Comments.
You represent and warrant that you have all rights and licenses to post any and all materials that you may post on the Website, including, without limitation, any Comments. You also represent and warrant that Comments submitted do not infringe or misappropriate any patent, trademark, copyright, trade secret or other intellectual property right, or violate the right of privacy or publicity of any third party or is defamatory or disparaging of any person or entity. You further represent that no communications or materials submitted to the Website, including Comments, will be unlawful, abusive or obscene. You are and shall remain solely responsible for all Comments, as well as any other communications or materials that you post or transmit. You hereby agree to defend, indemnify and hold harmless HealthCPA and its affiliates from any and all claims, losses, damages, fines, penalties, costs, expenses and liabilities (including, without limitation, attorneys’ fees) arising out of all claims of any nature or kind based on any breach of the foregoing warranty.
HealthCPA shall have the right, but not the obligation, in its sole discretion to refuse, monitor or remove any Content, including Comments, contained within the Website. HealthCPA expressly disclaims all responsibility or liability to any person or entity for the performance or nonperformance of such content review.
You must not use the Website to interfere with or disrupt the proper operation of the Website or in any manner that may adversely affect HealthCPA or any third parties, including using the Website to do any of the following prohibited actions:
Engage in excessive use of the Website which impairs the fair use of others;
Use the Website for any purpose or in any matter that violates any local, state or federal law or regulation or the law or regulation of any foreign government;
Upload or otherwise transmit any information or material that infringes or violates any patent, trademark, copyright or other intellectual property right, privacy right or publicity right of any person or entity;
Post or transmit any information that is illegal, threatening, libelous, defamatory, obscene, ethnically or racially offensive or discriminatory, profane, invades the privacy of another person or any other information or materials that constitute a crime, give rise to a civil action or otherwise violate any law or a confidentiality agreement that you have with a third party;
Impersonate another person or entity, including without limitation a representative of HealthCPA, falsely represent or misrepresent your affiliation with another person or entity, forge headers, or otherwise manipulate identifiers that would disguise the origin of any content transmitted through the Website; or
Violations of system or network security may result in civil or criminal liability. HealthCPA reserves the right to investigate occurrences which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who have participated in such violations. You understand that data and communications, including e-mail and other electronic communications, may be accessed by unauthorized third parties when communicated over the Internet.
When you visit the Website or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this Website. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
Please review our Privacy Statement available at [insert link] which also governs your visit to this Website to understand our privacy practices.
Intellectual Property Rights
THIS WEBSITE IS PROVIDED BY HEALTHCPA ON AN “AS IS” AND “AS AVAILABLE” BASIS. HEALTHCPA MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS WEBSITE, OR THE INFORMATION, CONTENT OR MATERIALS INCLUDED ON THIS WEBSITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS WEBSITE IS AT YOUR SOLE RISK. NEITHER HEALTHCPA NOR ANY OF ITS AFFILIATES, LICENSORS, AGENTS OR CONTRACTORS IN CONNECTION WITH THIS WEBSITE SHALL BE LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, INDIRECT OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS, USE OR INABILITY TO USE THE WEBSITE OR ANY WEBSITES LINKED TO THIS WEBSITE, OR ANY ERRORS OR OMISSIONS IN THE CONTENT OF ANY OR ALL SUCH WEBSITES WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU UNDERSTAND AND ACKNOWLEDGE THAT YOUR SOLE AND EXCLUSIVE REMEDY WITH RESPECT TO ANY DEFECT IN OR DISSATISFACTION WITH THE WEBSITE IS TO CEASE USE OF THE WEBSITE. YOU MAY HAVE OTHER RIGHTS WHICH MAY VARY FROM STATE TO STATE.
Applicable Laws and Venue
Questions and Comments
Effective: April 17, 2015