TERMS AND CONDITIONS OF USE FOR ACTIVECARE NETWORK

Acknowledgement and Acceptance of Terms

ActiveCare Network, LLC (referred to as “us” or “we”) provides the www.activecarenetwork.com site (the “Site”) subject to your compliance with all the terms, conditions, and noticies contained or referenced herein (the “Terms of Use”).  In addition, when using particular services on the Site, users shall be subject to any posted guidelines or rules applicable to such services that may contain terms and conditions in addition to those in the Terms of Use.  By using any feature on the Site, you are acknowledging your consent to the Terms of Use.  If you do not wish to be bound by the Terms of Use, please exit the Site now. 

We reserve the right to change the Terms of Use from time to time without notice to you.  You acknowledge and agree that it is your responsibility to review the Site and the Terms of Use periodically to learn of any modifications.  Your continued use of the Site after the posting of any modifications shall constitute your agreement to be bound by such modified Terms of Use. 

We may modify, suspend, discontinue or restrict the use of the Site, any portion thereof or any content at any time with or without notice to you.  As used in the Terms of Use, “content” shall mean any information, communication, software, photos, video, graphics, music, sounds, and other material and services that can be viewed by users on the Site. 

Use of Site

Your use of the Site is subject to all applicable laws and regulations.  We authorize you to view or download a single copy of the Site content solely for your personal, noncommercial use.  You may not copy, reproduce, sell, publish, transmit, modify, display, repost, hyperlink or otherwise use or distribute any portion of the content for public or commercial purposes and you are solely responsible for obtaining permission before reusing any copyrighted material or any trademark or trade name that is available on the Site.  Not all areas of the Site may be available to you.  You may not interfere with anyone else’s use of the Site.  Any unauthorized use of the Site content may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties.

Not Medical Advice

Any medical information provided on the Site is for informational purposes only.  The content is not intended to be a substitute for professional medical advice, diagnosis, or treatment.  We do not endorse any specific tests, products, procedures or medications that may be mentioned on the Site.  Reliance on any information provided on the Site is solely at your own risk.  We make no representations as to the accuracy, completeness, currentness or other aspect of said information or any other information.

Not Intended for Use by Minors

The Site is not intended or designed for children under the age of 18.  We will not knowingly collect information from users in this age group.

User Submissions

If you make any submission to us, you agree that you will not send or transmit any communication or content that (i) is defamatory, indecent, harassing or otherwise objectionable; (ii) infringes or violates any rights of any party; or (iii) contains a virus or corrupted data. 

All e-mail and other correspondence that you submit to us shall become our sole and exclusive property. 

If you submit any business information, idea, concept or invention to us, such submission shall be considered (i) non-confidential; and (ii) our sole and exclusive property.  We will have no obligation of any kind with respect to the submission and we will be free to use or further transmit such submission for any purpose. 

The personal information you submit to us is governed by our Privacy Policy. 

Registration to ActiveCare Network

Certain areas of the Site are accessible only to registered users.  To become a registered user, you must be invited by a company that has hired us to make our services available to you (the “Participating Company”).  To access the registered-user-only areas of the Site, you will need the username and password provided to you by the Participating Company.  You acknowledge that the use of username and password is an adequate form of security.  You are responsible for taking all steps to ensure that no unauthorized person shall have access to your username or password.  It is your sole responsibility to (i) control the dissemination and use of username and password; (ii) authorize, monitor and control access to and use of your username and password; and (iii) promptly inform us of any need to deactivate a username or password.  We are not liable for any harm related to the theft of usernames or passwords, or your disclosure of usernames or passwords.  You shall immediately notify us of any unauthorized use of your username or password and any breach of confidentiality.  You are solely responsible for any damage resulting from the use of your username.  You may not use your username or password to breach security of another account.

Disclaimer of Warranties and Limitation of Liability

THE SITE  AND CONTENT ARE PROVIDED ON AN "AS IS" AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, COMPLETENESS, CURRENTNESS, freedom from interruption OR viruses, AND NON-INFRINGEMENT. 

IN NO EVENT SHALL WE OR OUR officers, managers, members, EMPLOYEES, AGENTS, LICENSORS OR CONTENT PROVIDERS (our “AFFILIATES”) BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMIATION, INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES, RESULTING FROM THE USE OR INABILITY TO USE THE SITE OR THE CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE OR OUR AFFILIATES ARE ADVISED ON THE POSSIBLITY OF SUCH DAMAGES. 

Links

We may provide links to third-party websites.  We do not recommend or endorse the content of any third-party websites.  We are not responsible for the content of linked third-party websites and we do not make any representations regarding their content or accuracy.  Your use of third-party websites is at your own risk and subject to the terms and conditions of use for such website.  

Termination and Indemnity

You agree that we may, at any time, and at our sole discretion, terminate your account or suspend or prohibit your access to the Site without prior notice to you for violating any of the Terms of Use or for any other reason whatsoever. 

You agree to defend, indemnify, and hold us and our Affiliates harmless from and against any claims, actions or demands, resulting from your violation of the Terms of Use.

Intellectual Property Information

The Site and the content is protected by copyrights, trademarks, service marks, or other proprietary rights and laws and is the sole property of ActiveCare Network.  Nothing in the Terms of Use grants you any right to use any trademark, service mark, logo, and/or the name of ActiveCare Network. 

Notices

All notices to us shall be made by registered, certified or overnight mail and shall be sent to ActiveCare Network, 2275 Half Day Road, Bannockburn, IL 60015.  Notices to you shall be posted to the Site or, if you are a registered user, we may deliver notice to the email or other address you supplied during registration.  Any notices will be deemed delivered to the party receiving such communication (i) one business days after deposit with an overnight carrier; (ii) five business days after mailing date if sent by registered or certified mail; (iii) the date we post the notice to the Site; or (iv) the date of transmittal if sent via e-mail.

Governing Law, International Use

The Terms of Use will be governed by and construed in accordance with the internal laws of the State of Illinois, without regard to its conflicts of law provisions.

Although the Site may be accessible worldwide, we make no representation that materials on the Site are appropriate or available for use in locations outside the United States, and accessing the Site from territories where its use is illegal is prohibited. 

Entire Agreement

The Terms of Use represent the entire agreement between you and us with respect to the subject matter addressed herein and supersedes all prior to contemporaneous agreements or understandings, written or oral.  The Terms of Use shall be binding upon and inure to the benefit of the parties hereto and their respective successors and lawful assigns. 
Waiver
Any failure by use to enforce or exercise any provisions of the Terms of Use shall not constitute a waiver of that right or provision.  Our failure to act with respect to a breach by you or others does not waive our rights to act with respect to subsequent or similar breaches. 
Attorneys’ and Accountants’ Fees
In any action to enforce the Terms of Use, the prevailing party shall be entitled to attorneys’ and accountants’ fees and costs. 

© 2008 ActiveCare Network, LLC.  All Rights Reserved.