2. Restrictions on Use and Ownership
All pages within this Web site (“the Site”) and any material made available for download (collectively referred to as the “Site”) are the property of xG Health Solutions (“xG Health”). The content on the Site is provided for informational purposes only and does not constitute a representation or warranty of or solicitation or an offer to provide such products or services. xG Health hereby grants you a nonexclusive license to use the Site solely for your personal, non-commercial use and not to use the Site to obtain materials, data, or information for purposes of gaining a competitive advantage. As a condition of your use of this Site, you warrant to xG Health that you will not use the Site for any purpose that is unlawful or prohibited by these Terms and Conditions. If you breach any of these Terms and Conditions, your authorization to use this Site automatically terminates and you must immediately destroy any materials you have downloaded or printed. The contents of the Site (including the text, images, audio, and video) are copyrighted and may not be distributed, modified, reproduced, or used, in whole or in part, without the prior written consent of xG Health, except that you may download content from the Site to any single computer for your personal, non-commercial use only, provided you keep intact all copyright, trademark, and other proprietary notices and comply with any applicable end user license agreements. For purposes of these Terms and Conditions, any use of these materials on any other Web site or networked computer environment for any purpose is prohibited. Persons viewing this Site may not make copies of any of the materials on it for any purpose, with the sole exception of the automatic copies that your Web browser may make to a temporary cache on your computer’s hard drive for ordinary private viewing purposes. Any rights not expressly granted by these Terms and Conditions or any applicable end user license agreements are reserved by xG Health.
3. Trademark Notice
xG Health Solutions®, xG Health® and xGLearn® are trademarks owned by xG Health and registered with the United States Patent and Trademark Office (USPTO). “xG Intelligent Care Management™”, “xGAnalytics™”, “xGPortal™”, and “xGPulse™” are also trademarks owned by xG Health and subject to applications pending before the USPTO. All other trademarks, service marks and logos used on this Site, including but not limited to “Powered by Geisinger®”, “ProvenCare®” and “ProvenHealth Navigator®”, which are trademarks owned by Geisinger Health System Foundation and its affiliates and registered with the USPTO. The trademarks used on this Site and not owned by xG Health are approved for use on this Site by their respective owners. Nothing on this Site should be construed as granting any license or right to use any trademark, service mark, or logo displayed on this Site without the express written permission of xG Health or the third party that may own the trademarks, service marks, or logos, including Geisinger Health System Foundation.
4. Registration and password
In order to use this Site or certain parts of it, you may be required to register for a user account on this Site; in this case, you agree to provide truthful information when requested, and — if a minimum age is required for eligibility for a user account — you warrant that you are at least the required age. By registering for a user account, you explicitly agree to this Site`s Terms and Conditions, including any amendments made by xG Health that are published herein.
You are responsible for maintaining the confidentiality of your password, and you will be responsible for all usage of your user account and/or user name, whether authorized or not authorized by you. You agree to immediately notify xG Health of any unauthorized use of your user account, user name or password.
5. Your conduct
You agree that all information or data of any kind, whether text, software, code, music or sound, photographs or graphics, video or other materials (“content”), made available publicly or privately, will be under the sole responsibility of the person providing said content, or of the person whose user account is used. xG Health will not be responsible to you in any way for content displayed on this Site, nor for any error or omission.
By using this Site, you explicitly agree that:
a) You will not provide any content or conduct yourself in any way that may be construed as: unlawful, illegal, threatening, harmful, abusive, harassing, stalking, tortuous, defamatory, libelous, vulgar, obscene, offensive, objectionable, pornographic, designed to interfere with or disrupt the operation of this Site, infected with a virus or other destructive or deleterious programming routine, giving rise to civil or criminal liability, or in violation of an applicable local, national, or international law;
b) You will not impersonate or misrepresent your association with any person or entity and you will not forge or otherwise seek to conceal or misrepresent the origin of any content provided by you;
c) You will not collect or harvest any information about other Site users;
d) You will not provide, and you will not use this Site to provide any content or service in any commercial manner, or in any manner that would involve junk mail, spam, chain letters, pyramid schemes, or any other form of unauthorized advertising or commerce and you will not use this Site to promote or operate any service or content without xG Health’s prior written consent; and
e) You will not provide any content that may give rise to xG Health being held civilly or criminally liable, or that may be considered a violation of any local, national or international law, including — but not limited to — laws relating to copyrights, trademarks, patents, or trade secrets.
6. Warranty Disclaimer
This Site, including any content or information contained within it or any Site-related service, is provided “as is,” with all faults, with no representations or warranties of any kind, either expressed or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, nonfringement, and data security. You assume total responsibility and risk for your use of this Site, Site-related services, and hyperlinked Web sites. No oral or written information or advice given by xG Health or xG Health’s authorized representatives shall create a warranty or in any way increase the scope of this warranty.
Some jurisdictions may not allow disclaimers of implied warranties, and certain statements in the above disclaimer may not apply to you in regards to implied warranties; the other Terms and Conditions remain enforceable notwithstanding.
7. Waiver, Release, and Limitation of Liability
You agree that neither xG Health, nor its officers, directors, employees, agents, or suppliers shall have any liability to you under any theory of liability or indemnity in connection with your use of xG Health’s Web site or any related applications. You hereby release and forever waive any and all claims you may have against xG Health, its officers, directors, employees, agents, and suppliers (including, but not limited to claims based upon the negligence of its officers, directors, employees, agents, and suppliers) for losses or damages you sustain in connection with your use of the Site. You additionally agree that, in the event someone other than you gains access to the medical information found on the Site or any related applications, either through theft of your personal identity, intimate knowledge of the answers to your security questions or your failure to properly protect your passwords and/or security question information, you waive any and all rights to pursue xG Health or any of its affiliates for any claim for damages of any type that may arise out of this improper access or identity theft. xG Health and its affiliates, suppliers, and other third parties mentioned on this Site are neither responsible nor liable for any direct, indirect, incidental, consequential, special, exemplary, punitive, or other damages whatsoever (including, without limitation, those resulting from lost profits, lost data, or business interruption) arising out of or relating in any way to the Site, Site- related services and products, content or information contained within the Site, and/or any hyperlinked Web site, whether based on warranty, contract, tort, or any other legal theory and whether or not advised of the possibility of such damages. Your sole remedy for dissatisfaction with the Site, Site-related services, and/or hyperlinked Web sites is to stop using the Site and/or those services. Applicable law may not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
8. Accuracy and Integrity of Information
Although xG Health attempts to ensure the integrity and accuracy of the Site, it makes no guarantees whatsoever as to the correctness or accuracy of the information on the Site. It is possible that the Site could include typographical errors, inaccuracies or other errors, and that unauthorized additions, deletions, and alterations could be made to the Site by third parties. In the event that an inaccuracy arises, please inform xG Health so that it can be corrected. Information contained on the Site may be changed or updated without notice.
9. Visitor Chat Rooms and Other Interactive Areas
xG Health may, but is not obligated to, monitor or review any areas of the Site where visitors transmit or post communications or communicate with each other, including, but not limited to, chat rooms, bulletin boards, and other user forums. xG Health, however, will have no liability related to the content of any such communications, whether or not arising under the laws of copyright, libel, privacy, obscenity, or otherwise. xG Health retains the right to remove, at its sole discretion, communications that include any material deemed abusive, defamatory, obscene, or otherwise inappropriate. The views, beliefs and opinions expressed within the visitor chat rooms or other interactive areas of this Site may not necessarily be those, or reflect those, of xG Health. Such areas may contain specific health and medical information, none of which should be implied as specific to the user’s personal medical or health condition. No information, expressed or implied, should be deemed or construed as medical, health, or professional advice by xG Health. Users should contact their physician for any medical, health, or professional advice related to his or her own personal medical or health condition.
10. Links or Pointers to Other Sites
xG Health makes no representations whatsoever about any other Web site that may be accessed through this Site. When you access a non-xG Health site, please understand that it is independent from xG Health and that xG Health has no control over the content on that Web site. In addition, a hyperlink to a non-xG Health Web site does not mean that xG Health endorses or accepts any responsibility for the content or the use of the linked site. xG Health does not represent or endorse the accuracy or reliability of any of the information, content, or advertisements contained on, distributed through, linked, downloaded, or accessed from any of the services contained on this Site. It is up to you to take precautions to ensure that whatever you select for your use or that you download is free of items such as viruses, worms, Trojan horses, and other items of a destructive nature. If you decide to access any of the third party sites linked to this Site, you do this entirely at your own risk.
11. Hyperlinks to This Site
Persons constructing other Web sites may link to any of the pages on this Site. However, you may not copy any of the materials from this Site onto your own Web server for any reason. Also, you may not link to isolated elements on this Site (including photographs, illustrations, diagrams, buttons, text, or any other elements whatsoever) for the purpose of “inlining” them into the context of other Web pages, or for linking such isolated elements to other Web pages. In other words, link to entire pages on this Site, or do not link at all. Any other use will be a violation of copyright and could subject you to legal action.
Web mirror sites and commercial online services may request written permission to cache this entire Site to their hard drives for the purpose of enabling people to access it more easily or view it more rapidly. Note, however, that under no circumstances will they be granted the right to copy parts of the Site piecemeal. Any permission would only be to copy the entire Site, preserving all the interior and exterior links, without employing any of the materials out of their original context. For permission to “mirror” the Site, please send an email to email@example.com describing your request.
xG Health does not offer opportunities to advertise on this Site.
14. Choice of Law and Venue
These Terms and Conditions are entered into in the state of Maryland and shall be governed by and construed in accordance with the laws of the state of Maryland, exclusive of its choice of law rules. Each party to these Terms and Conditions submits to the exclusive jurisdiction of the state courts sitting in Howard County, Maryland and the federal courts of the District of Maryland, and waives any jurisdictional, venue, or inconvenient forum objections to such courts. In any action to enforce these Terms and Conditions, the prevailing party will be entitled to costs and attorneys’ fees. In the event that any of the Terms and Conditions are held by a court or other tribunal of competent jurisdiction to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that these Terms and Conditions shall otherwise remain in full force and effect. Any cause of action or claim you may have with respect to your use of the Site must be commenced within one (1) year after the claim or cause of action arises. xG Health’s failure to insist upon or enforce strict performance of any provision of these Terms and Conditions shall not be construed as a waiver of any provision or right.
You agree to indemnify, defend and hold harmless xG Health, its affiliates, officers, directors, employees, agents, independent contractors, and suppliers (collectively the “Service Providers”) from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of these Terms and Conditions or any activity related to your use of xG Health’s Site or account (including negligent or wrongful conduct) by you or any other person accessing the Site using your account or password.
16. Third-Party Rights
The provisions of paragraphs 7 (Waiver, Release, and Limitation of Liability) and 15 (Indemnification) are for the benefit of xG Health and its officers, directors, employees, agents, independent contractors, and suppliers. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.
17. Term; Termination
This Agreement shall commence upon your accessing this Site. xG Health may terminate this Agreement without prior notice at any time for any reason, including but not limited to personal account access to any xG Health services and applications due to extended periods of inactivity or upon notification of your death. Access to services and accounts shall not be transferable to a third party. The provisions of the Disclaimer set forth above and of paragraphs 14 (Choice of Law and Venue), 15 (Indemnification), and 16 (Third-Party Rights) shall survive any termination of this Agreement.
xG Health may assign its rights and duties under this Agreement to any party at any time without notice to you.
xG Health may deliver notice to you under this Agreement by means of electronic mail, a general notice on the Site, or by written communication delivered by first class U.S. mail to your address on record in xG Health’s account information.
20. Entire Agreement
These Terms and Conditions constitute the entire agreement between xG Health and you pertaining to the subject matter hereof. In its sole discretion, xG Health may, from time to time, revise these Terms and Conditions by updating this posting. You should, therefore, periodically visit this page to review the current Terms and Conditions, so you are aware of any such revisions to which you are bound. Certain provisions of these Terms and Conditions may be superseded by expressly designated legal notices or terms located on particular pages within this Site. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Agreement.