Transparent Health Marketplace, Inc. (THM) has created a website that is designed for the efficient and safe dissemination and/or exchange of information. In order to access and utilize this website, herein identified as www.transparenthealthmarketplace.com (“THM’s Web Site”) acknowledgement of your acceptance and understanding of the Term and Conditions (“T&C”) is required. The term “you” as used herein refers to all users accessing THM’s Web Site for any reason. Your use of the THM’s Web Site constitutes your acknowledgement of acceptance of the THM Web Site T&C’s. Do not use the site if you do not accept the THM Web Site T&C’s.
The contents of THM’s Web Site are owned by THM and are protected by the United States and foreign intellectual property laws. Unauthorized use of any materials on THM’s Web Site may violate applicable law. THM authorizes you to view and download text, photographs, HTML and other material on THM’s Web Site provided you comply with applicable copyright law and do not modify the material or remove notices contained in the material. You may not sell the material or reproduce, display, publicly perform, distribute, or otherwise use the material.
You may not use THM’s Web Site to violate applicable law, infringe upon intellectual property rights, violate the rights of others, or defame any person. You may not attempt to violate the security of THM’s Web Site by accessing any portion that you are unauthorized to access, or which contains data you are not authorized to obtain. You may not attempt to hack or test the vulnerability of a system or to breach security without proper written authorization. You may not attempt to crash THM’s Web Site or launch a denial or service attack or otherwise interfere with the service to any user. You may not send unsolicited e-mail from THM’s Web Site. You may not forge any packet header or any part of the header information in any posting. Violation of network security may result in civil or criminal liability. THM will investigate violations of the T&C’s and may involve and cooperate with law enforcement authorities in prosecuting those involved in such violations. THM reserve the right to remove, without notice, any posting on THM’s Web Site for any reason.
THM’s Web Site may contain links to third party websites. These links are provided as a convenience to you and not as an endorsement by us of the contents on such third-party websites. We are not responsible for the content of linked third-party sites and do not make any representations regarding the content, suitability, or accuracy of materials on such third-party sites. If you decide to access linked third-party sites, you do so at you your own risk. THM reserves all rights regarding its trademarks, logos and other intellectual property displayed on the TGHM Web Site. Linking to THM’s Web Site is only permitted if the link does not state or imply THM’s endorsement of your product; does not present false information; does not use THM’s trademarks or logos without prior written permission; and is not offensive.
THM makes no representations about the accuracy of the material on the THM Web Site. The use of THM’s Web Site is at your own risk. We reserve the right to modify the site. THM reserves the right, at its sole discretion and without liability to you, to immediately terminate your ability to access THM’s Web Site without notice and with or without cause.
THM may amend the T&C’s at any time without notice by posting an update to THM’s Web Site. As a condition of using THM’s Web Site, you shall indemnify and hold harmless THM and its agents from and against any claims or demands resulting from your use of THM’s Web Site or your breach of the T&C’s.
THM’s Web Site is provided for general informational purposes only. THM’s Web Site does not provide medical advice. Seek the advice of your physician or other qualified health provider for any medical questions.
THM’S WEB SITE AND THE MATERIAL ARE PROVIDED ON AN “AS IS” BASIS WITHOUT ANY WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THM DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING. THM SPECIFICALLY DISCLAIMS ANY WARRANTY (A) THAT THE WEB SITE WILL OPERATE UNINTERRUPTED OR ERROR-FREE, (B) THAT DEFECTS WILL BE CORRECTED, (C) THAT THERE ARE NO VIRUSES OR OTHER HARMFUL COMPONENTS, (D) THAT THE SECURITY METHODS EMPLOYED WILL BE SUFFICIENT, AND (E) REGARDING CORRECTNESS, ACCURACY, OR RELIABILITY.
TO THE FULLEST EXTENT PERMITTED BY LAW, THM DISCLAIMS ANY WARRANTIES FOR SERVICES OR GOODS PROVIDED OR ADVERTISED ON THE WEB SITE OR RECEIVED THROUGH ANY LINKS PROVIDED ON THE WEB SITE, AS WELL AS FOR ANY INFORMATION OR ADVICE PROVIDED ON THE WEB SITE OR RECEIVED THROUGH ANY LINKS PROVIDED ON THE WEB SITE.
THE MAXIMUM AGGREGATE LIABILITY OF THM UNDER ANY CONTRACTUAL, NEGLIGENCE, STRICT LIABILITY, OR OTHER THEORY WILL BE LIMITED EXCLUSIVELY TO THE GREATER OF (I) $1,000 OR (II) A REFUND OF PAYMENTS WE RECEIVED FROM YOU DURING THE THIRTY-DAY PERIOD BEFORE THE DATE THE LIABILITY AROSE.
THM SHALL NOT BE LIABLE FOR (I) ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE WEB SITE OR ANY INFORMATION PROVIDED ON OR THROUGH THE WEB SITE, OR ANY OTHER HYPERLINKED WEB SITE, INCLUDING WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE WEB SITE, THE MATERIALS OR ANY HYPERLINKED WEB SITE.
SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE WEB SITE OR RECEIVED THROUGH ANY LINKS PROVIDED ON THE WEB SITE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED ON THE WEB SITE OR RECEIVED THROUGH ANY LINKS PROVIDED ON THE WEB SITE.
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