1. Acceptance of Terms
1. By using the Websites, you (“User”) agrees to comply with all of the terms and conditions hereof. User is not permitted to access or use the Websites unless you agree to these TOU. The right to use the Websites is personal to User and is not transferable to any other person or entity. User is responsible for all use of User’s Account (under any screen name or password) and for ensuring that all use of User’s Account complies fully with the provisions of the TOU. User shall be responsible for protecting the confidentiality of User’s password(s), if any.
2. AllSpire Health Partners shall have the right at any time to change or discontinue any aspect or feature of the Websites, including, but not limited to, content, hours of availability, and equipment needed for access or use.
2. Changed Terms
AllSpire Health Partners shall have the right at any time to change or modify the these TOU or other terms and conditions applicable to User’s use of the Websites or any part thereof, or to impose new conditions, including, but not limited to, adding fees and charges for use. Such changes, modifications, additions or deletions shall be effective immediately upon notice thereof, which may be given by means including, but not limited to, posting on the Websites or by electronic or conventional mail, or by any other means by which User obtains notice thereof. Any use of the Websites by User after such notice shall be deemed to constitute acceptance by User of such changes, modifications or additions.
User shall be responsible for obtaining and maintaining all telephone, computer hardware, software and other equipment needed for access to and use of the Websites and all charges related thereto.
4. User Conduct
A. User shall use the Websites for lawful purposes only. User shall not post or transmit through the Websites any material which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law, or which, without AllSpire Health Partners’ express prior approval, contains advertising or any solicitation with respect to products or services. Any conduct by a User that in AllSpire Health Partners’ discretion restricts or inhibits any other User from using or enjoying the Websites will not be permitted. User shall not use the Websites to advertise or perform any commercial solicitation, including, but not limited to, the solicitation of users to become subscribers of other on-line information services competitive with AllSpire Health Partners.
B. The Websites contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music and sound, and the entire contents of the Websites are copyrighted under the United States copyright laws. User may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content of the Websites, in whole or in part. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted without the express permission of AllSpire Health Partners and the copyright owner. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. User acknowledges that it does not acquire any ownership rights by downloading copyrighted material.
C. User shall not upload, post or otherwise make available on the Websites any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right and the burden of determining that any material is not protected by copyright rests with User. User shall be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from such a submission. By submitting material to any public area of the Websites, User automatically grants, or warrants that the owner of such material has expressly granted AllSpire Health Partners the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material. User also permits any other user to access, view, store or reproduce the material for that User’s personal use. User hereby grants AllSpire Health Partners the right to edit, copy, publish and distribute any material made available on the Websites by User.
D. The foregoing provisions of Section 4 are for the benefit of AllSpire Health Partners, its subsidiaries, affiliates and its third-party content providers and licencors and each shall have the right to assert and enforce such provisions directly or on its own behalf.
5. Use of Services
The Websites may contain email services, bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, photo albums, file cabinets and/or other message or communication facilities designed to enable User to communicate with others. User agrees to use the Websites only to post, send and receive messages and material that are proper. By way of example, and not as a limitation, User agrees that when using the Websites, User will not:
Use the Websites in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise).
Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.