RETHINK HEALTH PROTECTED CONTENT

License Agreement

By accessing or using any of the ReThink Health ("RTH") websites that are available only after using your password ("Protected Site"), you agree to comply with and be bound by this License Agreement. If you do not agree to the terms of this License Agreement, you must immediately terminate use of the Protected Site.

  1. You are granted a personal, revocable, limited, non-exclusive, non-transferable license to access and use the Protected Site conditioned on your continued acceptance of, and compliance with, this License Agreement. You may use the Protected Site and content on the Protected Site for your noncommercial personal use and for no other purpose. RTH reserves the right to bar, restrict or suspend any user's access to the Protected Site, and/or to terminate this license at any time for any reason. The content of the Protected Site includes, without limitation, (i) RTH's trademarks, trade dress and trade names and other distinctive identification (collectively "RTH Marks"); and (ii) information, data, materials, interfaces, computer code, databases, services, software applications and tools, images, audio and video material, and artwork, and (iii) the design, structure, compilation, assembly, functionalities, applications, look and feel, and arrangement of any content contained in or available through the Protected Site (the items identified in subsections (i) (ii) and (iii) shall be collectively referred to herein as "RTH Content"). You may download, print and electronically store RTH Content displayed or made available on the Protected Site for personal use only, provided that you maintain all copyright and other notices contained therein. Copying or storing of any RTH Content for other than personal use is expressly prohibited without prior written permission from RTH. RTH also reserves any rights not explicitly granted in this License Agreement. RTH Content is the property of the RTH, its licensors, partners, advertisers, content providers or other third parties.
  2. Unless otherwise expressly stated in this License Agreement or you receive RTH’s prior written consent, you may not modify, translate, create derivative works of, copy, distribute, market, display, remove or alter any proprietary notices or labels from, lease, sell, sublicense, clone, transfer, decompile, reverse engineer, or incorporate into any information retrieval system (electronic or mechanical), the Protected Site, any content contained on the Protected Site, or any portion thereof. Further, you may not (i) use the Protected Site for any unauthorized or illegal purpose including, but not limited to, any activity to obtain or attempt to obtain unauthorized access to the Protected Site, including content on the Protected Site; (ii) interfere with the proper working of the Protected Site including, but not limited to, the transmission of any virus, worm, trap door, back door, timer, clock, trojan horse, denial of service attack or other limiting routine or instruction; or (iii) interfere with any other person's use and enjoyment of the Protected Site. You further agree that you will not use the Protected Site to post, email, transmit or otherwise make available any content that (a) is unlawful, threatening, harassing, tortious, defamatory, invasive of another’s privacy or otherwise objectionable; (b) you do not have a right to make available; (c) infringes the rights of any other person or entity; (d) constitutes advertising, "junk mail," or any other form of solicitation; or (e) contains viruses, malware or any other computer code designed to interrupt, destroy or limit the functionality of any electronic equipment, software, services or applications.
  3. This License Agreement constitute a legally binding agreement between you and RTH regarding your use and access to the Protected Site. RTH reserves the right to revise this License Agreement at any time in its sole discretion by posting revised License Agreement to the Protected Site. Your continued use of the Protected Site signifies your acceptance of all such revisions to the License Agreement. You will be responsible for regularly reviewing the License Agreement posted to the Protected Site. You will, at all times, provide true, accurate, current and complete information on the Protected Site.
  4. You have registered to gain access to the Protected Site and obtain a personal login ("Personal Login"). You must keep your Personal Login confidential, including taking appropriate measures to maintain the confidentiality, such as logging off and closing the Internet browser, especially when accessing the Internet through an unsecured network or when using a public computer. Do not allow any other person to use your Personal Login under any circumstances. Contact RTH immediately if you become aware of or believe there is or may have been any unauthorized use of your Personal Login Information, or otherwise wish to deactivate your Personal Login Information due to security concerns.
  5. RTH shall not be obligated to correct or update the Protected Site or the RTH Content and shall not be liable for omissions, typographical errors, or out-of-date information which may appear on the Protected Site. The information contained on the Protected Site and RTH Content is not promised or guaranteed to be up to date, correct or complete, and should not be relied upon as such.
  6. RTH respects the intellectual property of others, and we expect our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide the RTH’s Copyright Agent the following information: (a) a description of the copyrighted work or other intellectual property that you claim has been infringed; (b) a description of where the material that you claim is infringing is located on the site; (c) your address, telephone number, and email address; (d) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (e) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf. The RTH’s Copyright Agent for notice of claims of copyright or other intellectual property infringement can be reached as follows: Copyright Agent c/o Kimberly Hines Hart, Esq., Fannie E. Rippel Foundation, 14 Maple Avenue, Suite 200, Morristown, NJ 07960; or by phone: (973) 540-0101.
  7. The protected site and RTH content are provided "AS IS" and "AS AVAILABLE." Neither RTH, its affiliates, subsidiaries, employees, officers, members, or trustees nor any of its agents, representatives, suppliers, advertisers, contractors or licensors (collectively "RTH Parties") provide any express or implied warranty of any kind, including without limitation, that (i) the Protected Site or RTH Content, or any results that may be obtained, are complete, accurate, reliable or non-infringing; (ii) access to the Protected Site will be uninterrupted, secure, or error free; or (iii) RTH content will remain unchanged or accessible on the Protected Site. All warranties, express or implied, are disclaimed to the fullest extent permitted by law including, without limitation, any warranty of merchantability, fitness for a particular purpose, and/or non-infringement of intellectual property.
  8. The RTH Parties shall not be liable for any claim, loss or damage, direct or indirect, including, without limitation, compensatory, consequential, incidental, special, exemplary or punitive damages of any kind in connection with, as a result of, or arising (i) out of the use of or inability to use the Protected Site and/or any RTH Content; (ii) from any interruption in the availability of the Protected Site and/or RTH Content; (iii) from any loss of data; (iv) out of any problems with the Protected Site or RTH Content, or transactions entered into, through or from the Protected site; (v) from unauthorized access to or alteration of your transmissions or data; (vi) from any delay or failure of the Protected Site arising out of causes beyond RTH’s control; or (vii) out of any other matter relating to the Protected Site or RTH Content. In the event you are dissatisfied with, or dispute, these terms of use, the Protected Site and/or RTH Content, your sole right and exclusive remedy is to terminate your use of the Protected Site, even if that right or remedy is deemed to fail of its essential purpose. You confirm that RTH has no other obligation, liability or responsibility to you or any other party.
  9. Some jurisdictions do not allow the exclusion of certain warranties or conditions or the limitation or exclusion of liability for loss or damage caused by negligence, breach of contract or breach of implied terms, or incidental or consequential damages. Accordingly, only the above limitations in sections 7 and 8 which are lawful in your jurisdiction apply to you and liability will be limited to the maximum extent permitted by law.
  10. To the fullest extent permitted by law, you shall defend, indemnify, and hold harmless the RTH Parties from and against all claims arising from or in any way related to your use of the Protected Site and/or RTH Content, a violation by you of this License Agreement, including any liability or expense, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys’ fees. RTH will provide prompt written notice of any such claims, but failure to provide such notice will not release you from any of your obligations pursuant to this Section except to the extent that you are actually prejudiced by such failure, and will not relieve you from any other liability that you may have to the RTH Parties other than under this Section.
  11. This License Agreement will take effect at the time you begin using the Protected Site. RTH reserves the right, with or without notice, at any time and for any reason to deny you access to the Protected Site or to any portion thereof, and to terminate this License Agreement. This License Agreement will terminate automatically if you fail to comply with the terms set forth herein. You may terminate this License Agreement at any time by ceasing to use the RTH Website, but all applicable provisions of this License Agreement will survive such termination. Upon termination, you must destroy all copies of any portion of the Protected Site, including any RTH Content, in your possession.
  12. The courts of the State of New Jersey and/or the United States District Court for the District of New Jersey shall have exclusive jurisdiction and venue over any and all actions concerning this Agreement and/or the Protected Site and RTH Content. You agree to unconditionally and irrevocably submit to the exclusive jurisdiction and venue of such courts. Each party irrevocably waives any and all right to trial by jury in any legal proceeding arising out of or related to this License Agreement. RTH reserves all rights and remedies available to it, in law or equity, with respect to any matter relating to this License Agreement.
  13. This License Agreement and all matters regarding your use of the Protected Site shall be governed by, construed in accordance with, and enforced under the laws of the State of New Jersey, without regard to choice of law principles. Neither the Uniform Computer Information Transaction Act nor the United Nations Convention on Contracts for International Sale of Goods apply and their applicability is expressly excluded.
  14. The failure to exercise or enforce any right or provision in this License Agreement shall not constitute a waiver of such right or provision. If any provision of this License Agreement is found by a court of competent jurisdiction to be invalid, illegal, or unenforceable, such provision shall be enforced to the fullest extent of the law, and all other provisions shall remain in full force and effect. This License Agreement constitutes the entire agreement between you and the relating to the Protected Site and the RTH Content, and its use by you, and supersedes any previous written or oral communication regarding use of the Protected Site and RTH Content. This License Agreement is subject to amendment or modification by RTH at any time by making such modifications on the Protected Site.
  15. Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to your use of the Protected Site must be filed by you within one (1) year after such claim or cause of action arose or be forever barred.
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