Terms of Use & User Agreement

This agreement relates to use of the following AZ Health-E-News (hereinafter referred to as "AZ HEN").

Your use of this Site indicates your agreement to these terms and conditions. If you do not agree with these terms and conditions do not use our services.

AZ HEN grants you a non-exclusive, non-transferable, limited right to access, use and display the Site and the materials provided hereon, provided that you comply fully with this Agreement. You agree not to interrupt, or attempt to interrupt, the operation of the Site in any way.

AZ HEN news services are supported by paid membership. Certain components or functionalities of the Site are available only through the purchase of a news subscription (hereinafter referred to as "News Services").
 
♦    Provisions of our News Services

1.         You agree to pay, using a valid credit card which AZ HEN accepts, the monthly, semi-annual or annual subscription charges set forth on the Site, applicable taxes, and other charges incurred on your account in order to access News Services. AZ HEN reserves the right to increase fees, surcharges, and news subscription fees, or to institute new fees at any time. Unless otherwise notified in advance by you, AZ HEN will automatically charge your account for renewal of your news subscription. In the event AZ HEN cannot charge your account, we reserve the right to terminate your access to the News Services. If you purchase a news subscription to access the News Services and cancel within 168 hours (7 days) AZ HEN will provide you with a 100% refund. Thereafter, no refunds are permitted.

2.         In addition to the charges set forth above, you are responsible for all charges associated with connecting to the Site, including without limitation all telephone access lines (including long-distance charges, when applicable), telephone and computer equipment and any service fees necessary to access the News Services.

3.         For purposes of identification and billing, you agree to provide AZ HEN with accurate, complete, and updated information required by the news subscription registration to the News Services (hereinafter referred to as "Registration Data"), including your legal name, address, telephone number(s), and applicable payment data (e.g., credit card number and expiration date). You may check, following subscription help instructions, to determine whether your Registration Data is current and accurate, and, if not, to correct or update your Registration Data. Failure to comply with this provision (including without limitation falsification of any Registration Data) may, at AZ HEN's option, result in immediate suspension or termination of your right to use the News Services.
 
4.         You agree to promptly update your Registration Data, following subscription help instructions, in the event of any known or suspected unauthorized use of your subscription, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password or credit card information. In the event of a breach of security, you will remain liable for any unauthorized use of your subscription until you update your Registration Data. If your credit card expires, is canceled, is lost or is subject to use without your authorization, or if your subscription is subject to use without your authorization, follow subscription help instructions to update your Registration Data.

5.         Your password. As part of the registration process, you will select a password. You are solely responsible for maintaining the confidentiality of any password you use to access the News Services, and agree that AZ HEN will have no obligations with regard thereto.

6.         Financial responsibility. You agree not to assign, transfer or sublicense your rights as a subscriber to the News Services. You agree to be financially responsible for all usage or activity on your News Services account.

♦    Content Disclaimer

This online news aggregation service has been developed by AZ HEN. The Links will take users to external Web sites that are not affiliated with the AZ HEN Site. Fees associated with this service relate to the aggregation service itself and ARE NOT related to reading the individual articles. External sites might require their own registration.

Results in our indices are indexed by AZ HEN's automated systems. Links and pointers to other sites do not constitute an endorsement by AZ HEN or its Affiliates of any third-party site or any materials contained therein. AZ HEN and its Affiliates do not control, and are not responsible for, the availability, accuracy, or currency of such third-party sites or any information, content, products or services accessible from such third-party sites.
 

♦    Indemnification

You hereby agree to indemnify, defend and hold harmless AZ HEN and its Affiliates from and against any and all liability and costs incurred by AZ HEN or the Affiliates in connection with any claim arising out of any breach or alleged breach of any of your obligations set forth herein. You shall cooperate as fully as reasonably required in the defense of any claim. AZ HEN reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without the written consent of AZ HEN.

♦    Warranties Disclaimer

You acknowledge that any reliance upon any advice, opinion, statement, or other information displayed or distributed through the Site is at your sole risk. AZ HEN reserves the right, in its sole discretion and without notice, to correct any errors or omissions in any portion of the Site, or to deny access to the Site to anyone at any time. You acknowledge and agree that AZ HEN is not responsible for any materials posted by users of the Site. Prior to purchasing any third party products or services described on the Site, you are advised to verify pricing and other information. Neither AZ HEN nor its Affiliates shall have any liability arising from your purchases of third party goods or services based upon the information provided on the Site.



EXCEPT AS EXPRESSLY SET FORTH HERIN, THE SITE (INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, NEWS SERVICES, NEWS FEED SERVICES, MATERIALS AND INFORMATION MADE AVAILABLE THEREON OR ACCESSED BY MEANS THEREOF) ARE PROVIDED AS IS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, COMPATABILITY, SECURITY, ACCURACY, OR NON-INFRINGEMENT. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, AZ HEN AND THE AFFILIATES MAKE NO WARRANTIES AND SHALL NOT BE LIABLE FOR THE USE OF THE SITE UNDER ANY CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE BY AZ HEN. AZ HEN DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SITE OR THE NEWS SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED,THAT THE SITE OR NEWS SERVICES WILL MEET ANY PARTICULAR GROUPLAR CRITERIA OF PERFORMANCE OR QUALITY, OR THAT THE SITE, INCLUDING FORUMS OR THE SERVER(S) ON WHICH THE SITE IS OPERATED, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

LIMITATION OF LIABILITY.

USE OF THE SITE IS AT YOUR OWN RISK. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR DOWNLOADING AND/OR USE OF FILES, INFORMATION, COMMUNICATIONS, CONTENT, OR OTHER MATERIAL (INCLUDING WITHOUT LIMITATION SOFTWARE) ACCESSED THROUGH OR OBTAINED BY MEANS OF THE SITE. UNDER NO CIRCUMSTANCES SHALL AZ HEN OR THE AFFILIATES, OR ANY PROVIDER OF TELECOMMUNICATIONS OR NETWORK SERVICES FOR AZ HEN OR THE AFFILIATES, BE LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT ARE DIRECTLY OR INDIRECTLY RELATED TO THE USE OF, OR THE INABILITY TO USE, THE SITE, NEWS SERVICES OR NEWS FEED SERVICES, EVEN IF AZ HEN, THE AFFILIATES, OR THEIR PROVIDERS OF TELECOMMUNICATIONS OR NETWORK SERVICES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE TOTAL LIABILITY OF AZ HEN AND THE AFFILIATES HEREUNDER IS LIMITED TO THE AMOUNT, IF ANY, ACTUALLY PAID BY YOU FOR ACCESS AND USE OF THE NEWS SERVICES. YOU HEREBY RELEASE AZ HEN AND THE AFFILIATES FROM ANY AND ALL OBLIGATIONS, LIABILITIES AND CLAIMS IN EXCESS OF THIS LIMITATION. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
 

♦    Termination

In addition to any other rights of the parties set forth, AZ HEN may cancel or terminate this Agreement. AZ HEN also reserves the right to restrict, suspend or terminate your access to the News Services in whole or in part, without notice, with respect to any breach or threatened breach of any portion of this Agreement. If AZ HEN terminates this Agreement based on a breach of any portion of this Agreement, AZ HEN reserves the right to refuse to provide a subscription or any News Services to you in the future.

♦    Modifications


To the Agreement


AZ HEN has the right to modify this Agreement and any policies affecting the Site. Any modification is effective immediately upon posting to the Site or distribution via electronic mail or conventional mail. Your continued use of the Site following any modification to this Agreement shall be conclusively deemed an acceptance of all such modification(s). Your only right with respect to any dissatisfaction with any modifications made pursuant to this provision, or any policies or practices of AZ HEN in providing the Site, including without limitation:

1.       any change in the Content, or

2.       any change in the amount or type of fees associated with the News Services

is to cancel your subscription in accordance with the subscription help instructions.

 
To the Site


1.         AZ HEN has the right to modify, suspend or discontinue the Site or any portion thereof at any time, including the availability of any area of the Site, including without limitation the News Services. AZ HEN may also impose limits on certain features and services or restrict your access to parts or all of the AZ HEN Site without notice or liability.


2.         Removal of Links Requests

If you are a publisher and you do not want your publications indexed or linked to by AZ HEN, notify us and such links may be removed on a case by case basis.


3.         E-mail Marketing Communication

AZ HEN reserves the right to send its customers, members and users promotional e-mails or offers. You may opt-out of receiving such e-mails or offers at any time by clicking the unsubscribe link in the e-mail you received.


4.         General

This Agreement constitutes the entire agreement between you and AZ HEN with respect to the Site and, if applicable, the News Services and supersedes all prior agreements between you and AZ HEN. Failure by AZ HEN to enforce any provision of this agreement shall not be construed as a waiver of any provision or right. Interpretation and enforcement of this agreement shall be governed by the laws of the state of California, USA (excluding its choice of law rules). You consent irrevocably to personal jurisdiction in the federal and state courts of Maryland, USA for any action arising out of or relating to your use of the AZ HEN Site or News Services. The federal and state courts of Maryland shall have exclusive jurisdiction over all such actions. In any such action, the prevailing party shall be entitled to recover all legal expenses incurred in connection with the action, including but not limited to its costs, both taxable and non-taxable, and reasonable attorney's fees. In the event that any portion of this Agreement is held unenforceable, the unenforceable portion shall be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties, and the remainder of the provisions shall remain in full force and effect.


Use of any AZ HEN Service indicates your agreement to the terms and conditions set forth above. Copyright © 2001-2008 The Chatfield Group West