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FollowMe™ TERMS AND CONDITIONS OF USE
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE
USING THIS SITE.
THE SITE DOES NOT PROVIDE MEDICAL ADVICE.
By using this site, you agree to these Terms and Conditions.
If you do not agree to all of these Terms and Conditions of
use, do not use this site!
FollowMe is a product of Access Strategies,
Inc. (ASI); ASI may revise and update these Terms and Conditions
at anytime. Your continued use of the FollowMe Personal
Health Record website means that you accept those
changes in the Terms and Conditions of use.
The contents of the FollowMe Site, such as text, graphics,
images, information obtained from FollowMe licensors and other
material ("Content") contained on the FollowMe Site
are for informational purposes only. The Content is not intended
to be a substitute for professional medical advice, diagnosis
and/or treatment. Always seek the advice of your physician
or other qualified health provider with any questions you
may have regarding a medical condition.
Never disregard professional medical advice or delay seeking
it because of something you have read on the FollowMe Site!
If you think you may have a medical emergency, call your
physician or 911 immediately. FollowMe does
not recommend or endorse any specific tests, products, procedures,
opinions, or other information that may be mentioned on the
Site. Reliance on any information provided by FollowMe, ASI
employees or others appearing on the Site at the invitation
of FollowMe or other visitors to the Site is solely at your
own risk.
FollowMe PHR site may contain health or medical related materials
or links which you find sexually explicit or otherwise offensive.
FollowMe, its licensors and its suppliers have no control
over and accept no responsibility for such materials. You
are solely responsible for compliance with the laws applicable
to your state or country of residence.
CHILDREN’S PRIVACY.
We are committed to protecting the privacy of children.
You should be aware that this Site is not intended or designed
to attract children under the age of 13.
USE OF CONTENT.
Access Strategies, Inc. authorizes you to view or download
a single copy of the material on the FollowMe Site solely
for your personal, noncommercial use if you include the following
copyright notice: "Copyright © 2000 - 2005, FollowMe,
“ All rights reserved" and other copyright and
proprietary rights or notices which were contained in the
Content. Any special rules for the use of certain software
and other items provided on the FollowMe Site may be included
elsewhere within the Site and are incorporated into these
Terms and Conditions by reference.
The Content is protected by copyright under United States
and foreign laws. Title to the Content remains with Access
Strategies, Inc, or its licensors. Any use of the Content
not expressly permitted by these Terms and Conditions is a
breach of these Terms and Conditions and may violate copyright,
trademark, and other laws. Content and features are subject
to change or termination without notice in the editorial discretion
of Access Strategies, Inc. All rights not expressly granted
herein are reserved to Access Strategies and its licensors.
If you violate any of these Terms and Conditions, your permission
to use the Content automatically terminates and you must immediately
destroy any copies you have made of any portion of the Content.
LIABILITY OF ACCESS STRATEGIES, INC., AND ITS LICENSORS.
The use of the FollowMe Site and the Content is at your own
risk.
When using the FollowMe Site, information will be transmitted
over a medium which is beyond the control and jurisdiction
of Access Strategies, and its suppliers. Accordingly, Access
Strategies assumes no liability for or relating to the delay,
failure, interruption or corruption of any data or other information
transmitted in connection with use of the FollowMe Site.
The FollowMe Site and the content are provided on an "as
is" basis. FollowMe, Access Strategies, ITS LICENSORS,
AND ITS SUPPLIERS, TO THE FULLEST EXTENT PERMITTED BY LAW,
DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY
OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES
OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’
RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE.
Specifically FollowMe, Access Strategies, its licensors and
its suppliers make no representations or warranties about
the following:
1. The accuracy, reliability, completeness, currentness or
timeliness of the Content, software, text, graphics, links,
or communications provided on or through the use of the FollowMe
Site or FollowMe.
2. The satisfaction of government regulations requiring disclosure
of information on prescription drug products with regard to
the Content contained on the FollowMe Site.
In no event shall FollowMe, Access Strategies, its
licensors, its suppliers or any third parties mentioned on
the FollowMe Site be liable for any damages (including, without
limitation, incidental and consequential damages, personal
injury/wrongful death lost profits, or damages resulting from
lost data or business interruption) resulting from the use
or inability to use the FollowMe Site or the Content whether
based on warranty, contract, tort or any other legal theory,
and whether or not FollowMe is advised of the possibility
of such damages.
Access Strategies, Inc. is not liable for any personal injury,
including death, caused by your use or misuse of the Site,
Content or Public Area (as defined below). Any claims arising
in connection with your use of the Site, any Content or the
Public Areas must be brought within one (1) year of the date
of the event giving rise to such action occurred. Remedies
under these Terms and Conditions are exclusive and are limited
to those expressly provided for in these Terms and Conditions.
USER SUBMISSIONS.
You agree that you will not upload or transmit any communications
or content of any type that infringe or violate any rights
of any party. By submitting communications or content to any
part of this Site, you agree that such submission is non-confidential
for all purposes.
FollowMe Personal Health Records
FollowMe Personal Health Records is a service that allows
you to record limited amounts of personal health information
on a voluntary basis on servers maintained by Access Strategies,
Inc or on its behalf. FollowMe is structured to allow access
only to visitors with a valid password. Whenever you submit
or modify your information in your FollowMe Personal Health
Record, we will send such information over the Internet using
encryption technology (Secure Socket Layer (SSL) software).
The information you submit to FollowMe will be stored on a
separate server as an additional security precaution. However,
we do not warrant or represent that the information you submit
to FollowMe Personal Health Records will be protected against,
loss, misuse, or alteration by third parties.
You are responsible for taking all reasonable steps to ensure
that no unauthorized person shall have access to your FollowMe
record, password or account. It is your sole responsibility
to (1) control the dissemination and use of activation codes
and passwords; (2) authorize, monitor, and control access
to and use of your Personal Health Records account and password;
(3) promptly inform FollowMe of any need to deactivate a password.
You grant FollowMe and all other persons or entities involved
in the operation of the Site the right to transmit, monitor,
retrieve, store and use your information in connection with
the operation of the FollowMe Personal Health Record. FollowMe
cannot and does not assume any responsibility or liability
for any information you submit to Personal Health Records
or your or third parties’ use or misuse of information
transmitted or received using the FollowMe Personal Health
Record.
FollowMe
ADVERTISEMENTS AND LINKS TO OTHER SITES.
FollowMe does not endorse the content on any third party websites.
FollowMe is not responsible for the content of linked third-party
sites, sites framed within the FollowMe Site, or third party
advertisements, and does not make any representations regarding
their content or accuracy. Your use of third-party websites
is at your own risk and is subject to the terms and conditions
of use for the specific site(s) you are using. FollowMe does
not endorse any product advertised on the FollowMe site.
INDEMNITY.
You agree to defend, indemnify and hold FollowMe, its officers,
directors, employees, agents, licensors and suppliers, harmless
from and against any claims, actions or demands, liabilities
and settlements including without limitation, reasonable legal
and accounting fees, resulting from, or alleged to result
from, your violation of these Terms and Conditions.
GENERAL.
FollowMe is a product of Access Strategies, Inc. (ASI) ASI
is based in California in the United States of America. Access
Strategies makes no claims that the Content is appropriate
or may be downloaded outside of the United States. Access
to the Content may not be legal by certain persons or in certain
countries. If you access the FollowMe Site from outside the
United States, you do so at your own risk and are responsible
for compliance with the laws of your jurisdiction. The following
provisions survive the expiration or termination of these
Terms and Conditions for any reason whatsoever: Liability,
User Submissions, Indemnity, Jurisdiction, and Complete Agreement.
JURISDICTION.
You expressly agree that exclusive jurisdiction for any dispute
with FollowMe or in any way relating to your use of the FollowMe
Site, resides in the courts of the State of Nevada and you
further agree and expressly consent to the exercise of personal
jurisdiction in the courts of the State of California in connection
with any such dispute including any claim involving FollowMe
or its affiliates, subsidiaries, employees, contractors, officers,
directors, telecommunication providers and content providers.
These Terms and Conditions are governed by the internal substantive
laws of the State of California without respect to its conflict
of laws principles. If any provision of these Terms and Conditions
is found to be invalid by any court having competent jurisdiction,
the invalidity of such provision shall not affect the validity
of the remaining provisions of these Terms and Conditions,
which shall remain in full force and effect. No waiver of
any of these Terms and Conditions shall be deemed a further
or continuing waiver of such term or condition or any other
term or condition.
COMPLETE AGREEMENT.
Except as expressly provided in a particular "legal
notice" on the FollowMe Site, these Terms and Conditions
constitute the entire agreement between you and FollowMe with
respect to the use of the FollowMe Site, and Content. Your
use of the FollowMe Personal Health Record Site
is also subject to the FollowMe Privacy Policy.
Thank you for your cooperation. We hope you find
the FollowMe Site helpful and convenient to use! Questions
or comments regarding this Website should be directed via
U.S. mail to:
Access Strategies, Inc.
FollowMe™
639 West Third St.
Sonoma, CA 95476.
1.800.300.4400
Or contact us online.
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