Our site contains software tools and databases that allow you to search and retrieve information. You may not (1) sell, distribute or commercially exploit such software tools, databases or the results of any database search performed on this site, (2) use any data mining, robots, or similar gathering and extraction tools, or (3) sell, rent, lease, lend, or transfer any services provided on this site.
You agree to use our services for lawful purposes only. You agree not to use our services to post, transmit or otherwise distribute unlawful material. Examples of unlawful material include, but are not limited to, threats of physical harm, defamatory statements, pornographic material, and copyrighted, trademarked, and other proprietary material used without proper authorization. You agree not to attempt to use or distribute tools designed for compromising security or take action to compromise the security of this site. Examples of these tools include, but are not limited to, password guessing programs, cracking tools, or network probing tools. You agree not to "flood" or disrupt our site through any means or process. You are responsible for all use of our services and our site, with or without your consent, by yourself and others, which occurs by, through, or in connection with access to our site via your computer.
- Personal ID Numbers; Registration for Secured User Services. In order to access certain features of the site, you must create a user account. To create a user account you must create a username and password, which can be obtained from MHNGS through the site. We require your username and password as part of a verification system designed to protect your privacy and security. You are responsible for maintaining the security of your password. You agree to notify MHNGS immediately of any unauthorized use of your password or account, or any other breach of security. You may be held liable for losses and damages incurred by MHNGS or any other user due to the use of your password or account by persons other than yourself. You agree to not use anyone else's password, username or account at any time or to attempt to gain unauthorized access to secured features of the site. If you attempt or we suspect that you have attempted to gain unauthorized access to the site, assist others or distribute instructions, software or tools for such purpose, your account will be terminated. In registering for the online user services feature, you agree to provide us with accurate, current and complete information about yourself.
- Copyright, Trademarks & Trade Dress. All content included on the site, the compilation of all content on the site and all software used on the site are the property of MHNGS, its affiliates or its content suppliers, and are protected by U.S. and international copyright laws. Furthermore, MHNGS, MHN Government Services as well as other marks so indicated on the site and other MHNGS graphics, logos, images, page headers and titles, button icons, scripts and trade and service names, are trademarks and/or trade dress of MHNGS in the U.S. and other countries.
Except as provided in the "Limited License To Use Site" section above, unless you receive MHNGS' prior express written consent, you may not: (1) copy, reproduce, publish, distribute, create derivative works of, sell, transfer, display, transmit, compile or collect in a database, or in any manner commercially exploit, any copyright-protected element of the site, including the content and/or software on the site; (2) make any use of MHNGS' trademarks and/or trade dress; (3) frame or use framing techniques to enclose any trademark, logo, or other proprietary information (including, but not limited to, images, text, page layout, and/or form) of MHNGS; or (4) use any metatags or any other "hidden text" utilizing MHNGS' name or trademarks. Permission requests may be sent to firstname.lastname@example.org..
Alleged copyright, trademark and trade dress violations should be reported to the MHNGS webmaster in care of this site. You may e-mail a detailed description of the alleged violation to the Web Team at email@example.com.
MHNGS makes no representations concerning, and assumes no liability for, the infringing or non-infringing nature of any trademarks which appear on the site but are not owned by MHNGS.
- Disclaimer of Warranties. AS THE USER OF THIS SITE, YOU ASSUME FULL RISK AND RESPONSIBILITY FOR ANY AND ALL USE OF THIS SITE, INCLUDING THE INFORMATION PRESENTED ON THE SITE. THE SITE IS INTENDED TO BE A GENERAL INFORMATION RESOURCE ONLY AND DOES NOT CONSTITUTE MEDICAL ADVICE AND IS NOT A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE OR TREATMENT. YOU ARE RESPONSIBLE FOR SEEKING PROFESSIONAL MEDICAL ADVICE IF YOU HAVE ANY QUESTIONS ABOUT YOUR HEALTH OR A HEALTH CONDITION. YOU AGREE TO HOLD MHNGS AND ITS AFFILIATES HARMLESS FROM ANY AND ALL CLAIMS RELATING TO YOUR USE OF, YOUR RELIANCE UPON, OR ERRORS OR OMISSIONS IN, INFORMATION FOUND ON THIS SITE.
THE SERVICES, INFORMATION AND FUNCTIONS CONTAINED ON OUR SITE ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. WE EXPRESSLY DISCLAIM ANY AND ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THOSE OF ACCURACY, COMPLETENESS, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR USE OR PURPOSE, CONCERNING OUR SERVICES OR THE ADEQUACY, ACCURACY OR COMPLETENESS OF THE INFORMATION OR SERVICES INCLUDED ON OUR SITE, OR THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT THE SITE, ANY DATA OR COMMUNICATIONS THROUGH THE SITE ARE FREE FROM HARMFUL CONTENT FROM THIRD PARTIES, INCLUDING "VIRUSES," "WORMS," "LOGIC BOMBS," "TROJAN HORSES" OR OTHER HARMFUL CONTENT. WE EXPRESSLY DISCLAIM LIABILITY FOR ERRORS IN OR OMISSIONS FROM SERVICES, INFORMATION, OR MATERIALS, INCLUDING HEALTH-RECORD HISTORIES, PRESCRIPTION AND NONPRESCRIPTION DRUG PURCHASE HISTORIES, OR PRESCRIPTION REFILL INFORMATION. WE ARE NOT RESPONSIBLE FOR THE CONTENT OF ANY LINKED WEBSITE OR ANY LINK CONTAINED IN A LINKED WEBSITE, EXCEPT TO THE EXTENT THAT SUCH WEBSITE OR LINK IS OWNED AND OPERATED BY MHNGS OR ITS AFFILIATE(S), AND THEN IN ACCORDANCE WITH THIS AGREEMENT.
- Limitation of Liability. Use of our services is at your own risk. With regard to outside vendors and information providers, we do not endorse, or otherwise recommend or approve any product or information located on or available through our site. We do not own or control other networks, sites, or hyperlinked sites outside of our own site, including the outside vendors accessed through our site.
WE WILL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY HARM TO YOU OR OTHERS RESULTING FROM THE USE OF OUR SITE AND/OR THE PRODUCTS AND SERVICES PROVIDED THROUGH OUR SITE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL WE BE LIABLE TO YOU OR ANYONE ELSE FOR ANY SPECIAL, INCIDENTAL, DIRECT, INDIRECT, CONSEQUENTIAL OR PUNITIVE DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR PERSONAL INJURY, WRONGFUL DEATH, LOSS OF REVENUE, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION OR ANY OTHER PECUNIARY LOSS, LOSS OF TECHNOLOGY, LOSS OF RIGHTS OR SERVICES, LOSS OF DATA, INTERRUPTION OR LOSS OF USE OF ANY EQUIPMENT, MENTAL ANGUISH, EMOTIONAL DISTRESS, OR INVASION OF PRIVACY, ARISING OUT OF THE USE OF OR INABILITY TO USE OUR SITE AND/OR THE PRODUCTS AND SERVICES PROVIDED THROUGH OUR SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER UNDER THEORY OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE.
WE ARE NOT RESPONSIBLE OR LIABLE FOR THE ACTS OR OMISSIONS OF OUTSIDE VENDORS OR INFORMATION PROVIDERS, OR FOR PERFORMANCE (OR NON-PERFORMANCE) WITHIN OUTSIDE NETWORKS OR INTERCONNECTION POINTS BETWEEN OUR SITE AND OTHER NETWORKS AND/OR SITES THAT ARE OPERATED BY THIRD PARTIES. WE ALSO MAKE NO REPRESENTATION REGARDING YOUR ABILITY TO TRANSMIT AND RECEIVE INFORMATION FROM OR THROUGH OUR SITE, AND YOU AGREE AND ACKNOWLEDGE THAT AT TIMES YOUR ABILITY TO ACCESS OUR SITE MAY BE IMPAIRED OR DISRUPTED. ALTHOUGH WE WILL USE COMMERCIALLY REASONABLE EFFORTS TO TAKE ANY ACTION WE CONSIDER APPROPRIATE TO REMEDY AND AVOID SUCH EVENTS, WE CANNOT GUARANTEE THAT THEY WILL NOT OCCUR, AND ACCORDINGLY WE DISCLAIM ANY AND ALL LIABILITY RESULTING FROM OR RELATED TO SUCH EVENTS. WE ARE NOT LIABLE FOR ANY FAILURE OR DELAY IN OUR PERFORMANCE DUE TO ANY CAUSE BEYOND OUR REASONABLE CONTROL, INCLUDING ACTS OF WAR, ACTS OF GOD, EARTHQUAKE, FLOOD, EMBARGO, RIOT, SABOTAGE, LABOR SHORTAGE OR DISPUTE, GOVERNMENTAL ACT OR FAILURE OF THE INTERNET.
- Indemnification. You agree to defend, indemnify and hold MHNGS and its directors, officers, employees, agents, affiliates and successors harmless from and against any and all claims, demands, liabilities, judgments, losses, damages, costs, fees and expenses (including but not limited to reasonable attorneys' fees) arising from or relating to your use of the site or your acts or omissions, or your breach of this Agreement, including but not limited to: (1) infringement or misappropriation of any intellectual property rights, (2) defamation, libel, slander, obscenity, pornography, or violation of the rights of privacy or publicity, (3) "spamming," or any other offensive, harassing or illegal conduct or violation of this Agreement, or (4) any damage or destruction to our site, to us, or to other persons or parties.
- Termination and Investigation. MHNGS may terminate the license granted to you under the above "Limited License To Use Site " section at any time if you fail to comply with any term or provision of this Agreement or for any reason, at MHNGS' sole discretion. The license will terminate immediately without notice from MHNGS. Upon such termination, you may not access, use, or view the site.
We reserve the right to investigate suspected violations of this Agreement. If we become aware of possible violations, we may initiate an investigation that may include gathering information from you or any user involved and the complaining party, if any, and examination of other material. We may suspend the provision of our services temporarily, or we may permanently remove the material involved from our servers, cancel posts, provide warnings to you, or suspend or terminate your access to our services. We will determine what action will be taken in response to a violation on a case-by-case basis, and at our sole discretion. We will fully cooperate with law enforcement authorities in investigating suspected lawbreakers.
- Irreparable Harm from Breach. You hereby acknowledge that your breach of this Agreement may result in immediate and irreparable harm to MHNGS, for which there will be no adequate remedy at law, and that MHNGS shall be entitled to equitable injunctive relief to compel you to cease and desist all unauthorized use, evaluation and/or disclosure of information obtained through the site. Your breach of this Agreement may also entitle MHNGS to bring an action against you for any and all other remedies available at law or in equity.
- No Waiver; Severability. A waiver of any breach of any provision of this Agreement, or a delay in enforcing any provision of this Agreement, shall not be deemed to be a waiver of any repetition of such breach or in any manner affect any other terms or conditions of this Agreement. In the event that any provision of this Agreement is held to be unenforceable, it will not affect the validity or enforceability of the remaining provisions and will be replaced by an enforceable provision that is the closest to the intention underlying the unenforceable provision.
- Assignability. This Agreement will bind and inure to the benefit of MHNGS' permitted successors and assigns. We may assign our rights and delegate our duties under this Agreement either in whole or in part at any time, at our sole discretion, and without your consent. You may not assign, transfer, delegate, sublicense or otherwise transfer your rights or obligations, in whole or in part, under this Agreement to anyone else.
- Changes to the Site. The site and information contained therein may be changed, modified or updated at any time for any reason without notice to you. MHNGS has no obligation to update information presented on the site. Thus, you acknowledge that information contained on the site may not be current. MHNGS may also make modifications or changes in, or discontinue products, services or programs offered at any time without notice. MHNGS may also discontinue or terminate the site at any time without notice.
- Relationship. This Agreement does not establish any relationship of partnership, joint venture, employment, franchise or agency between you and us.
- Entire Agreements; Written Modification Only. This Agreement (including all documents expressly incorporated herein by reference) constitutes the complete and entire agreement between MHNGS and you with respect to the subject matter hereof. This Agreement supersedes all prior oral or written understandings, communications or agreements not specifically incorporated herein. This Agreement may only be modified in writing by MHNGS, and posted online.
Thank you for taking the time to review this Agreement. We look forward to providing services to you.