EFFECTIVE DATE: January 20, 2016
I. USE OF SITE
To access this Site or some of the resources it offers, You may be asked to provide certain registration details or other information. It is a condition of Your use of this site that all the information You provide on this Site will be correct, current, and complete. If Diagnostic Green believes the information You provide is not correct, current, or complete, Diagnostic Green has the right to refuse You access to this Site or any of its resources, and to terminate or suspend Your access at any time.
II. PROHIBITED USE OF THE SITE
You may only use this Site for purposes expressly permitted by this Agreement. As a condition of Your use of Diagnostic Green’s website, You warrant to Diagnostic Green that You will not use the website for any purpose that is unlawful or prohibited by this Agreement. For example, You may not (and may not authorize any party to) (i) co-brand this site, (ii) frame this site, or (iii) hyper-link to this site, without the express prior written permission of an authorized representative of Diagnostic Green. For purposes of this Agreement, “co-branding” means to display a name, logo, or trademark, in such a manner as is reasonably likely to give a user the impression that such party has the right to display, publish, or distribute this site or content accessible within this site. You agree to cooperate with Diagnostic Green in preventing any unauthorized co-branding, framing or hyper-linking. In addition, You may not use Diagnostic Green’s website in any manner that could disable, overburden, damage, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials, content, or information through any means not intentionally made available or provided for through the Site.
III. INTELLECTUAL PROPERTY
Trademarks, service marks, logos, and copyrighted works (including the collection and arrangement of content) appearing in this site are the property of Diagnostic Green or the party that provided the trademarks, services marks, logos, and copyrighted works to Diagnostic Green. Except as provided in this Agreement, Diagnostic Green does not grant You any express or implied right in or under any patents, trademarks, copyrights, or trade secret information. In accordance with the Limited Liability section of this Agreement, as part of the use of this Site, You agree not to bring any claim against Diagnostic Green, its affiliates, officers, directors, employees, agents, sponsors, third party content providers, licensors, licensees or the like for any claim of intellectual property infringement.
IV. HYPERLINKING/LINKED SITES
This Site may provide a link to other websites by allowing You to leave this Site to access third-party material (“Linked Site”). Diagnostic Green is not related to, nor does it have discretion to alter, update, or control the content on, a Linked Site. Diagnostic Green has not reviewed such Linked Sites and is not responsible for the content of those sites. The fact that Diagnostic Green has provided a link to a website is not an endorsement, authorization, sponsorship, or affiliation with respect to such website, its owners, or its providers. Linked Sites are to be accessed at the user’s own risk, and Diagnostic Green makes no representations or warranties about the content, completeness or accuracy of these Linked Sites. You should be aware that Linked Sites may contain rules and regulations, privacy provisions, confidentiality provisions, transmission of personal data provisions, and other provisions that differ from the provisions provided on this Site. Diagnostic Green is not responsible for such provisions and expressly disclaims any and all liability related to such provisions.
V. DISCLAIMER OF WARRANTY
You expressly agree that use of the Site is at Your sole risk. Neither Diagnostic Green nor its affiliates, any of their officers, directors, employees, agents, third-party content providers, sponsors, or licensors (collectively, “Providers”), or the like, warrant that this Site will be uninterrupted or error-free; nor do they make any warranty as to the results that may be obtained from the use of this Site or as to the accuracy, completeness, reliability, or security of the Materials. This site and the information, content, and materials on this site are provided on an “as is,” “where is,” and “where available” basis. Diagnostic Green makes no representations or warranties of any kind, express or implied, as to the operation of the site, or to the content, information, or the materials on this site. Diagnostic Green expressly disclaims all warranties of any kind, express or implied, to the fullest extent permissible under applicable law, with respect to any of the materials, content, or information on this site or your use of this site generally, including warranties of merchantability, accuracy of information, quality, title, fitness for a particular purpose, and non-infringement. You, and on behalf of Your agents, attorneys, employees, predecessors-in-interest, successors-in-interest, partners, associates, members, officers, directors, affiliates, subsidiaries, associations, shareholders, trusts, trustees, heirs, executors, assigns, and transferees, hereby fully release, discharge, waive, and absolutely forgive Diagnostic Green, and each of its respective agents, attorneys, employees, predecessors-in- interest, successors-in-interest, partners, associates, members, officers, directors, affiliates, subsidiaries, associations, shareholders, trusts, trustees, heirs, executors, assigns, and transferees, from any and all lawsuits, demands, controversies, disputes, actions, causes of action, rights to accountings, fees, invoices, billings, proceedings, obligations, debts, liabilities, costs, disbursements, expenses, attorneys’ fees, damages and other claims of whatever character, nature and kind, in law or in equity, past, present or future, know nor unknown, joint or several, suspected or unsuspected, arising from or relating to Your use of the Site and/or any works obtained therefrom (collectively, “Claims”). You covenant not to sue with respect to any Claim subject to the foregoing release, discharge or waiver.
You understand that Diagnostic Green cannot and does not guarantee or warrant that files available for downloading from the Internet will be free of viruses, worms, Trojan horses or other code that may manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy Your particular requirements for accuracy of data input and output, and for maintaining a means external to this site for any reconstruction of any lost data. Diagnostic Green does not assume any responsibility or risk for Your use of the Internet.
VI. LIMITATION OF LIABILITIES
Diagnostic Green, its subsidiaries, affiliates, licensors, service providers, attorneys, content providers, employees, agents, officers, and directors will not be liable for any incidental, direct, indirect, punitive, actual, consequential, special, exemplary, or other damages, including loss data, use, revenue or income, pain and suffering, emotional distress, or similar damages, even if Diagnostic Green has been advised of the possibility of such damages.
The foregoing limitation applies to claims based on warranty, contract, tort (including negligence), liability, or any other legal theory. Some jurisdictions do not allow limiting liability for certain damages. In such jurisdictions, Diagnostic Green’s liability shall be limited to the extent permitted by law. In no event will the collective liability of Diagnostic Green and its subsidiaries, affiliates, licensors, service providers, content providers, employees, agents, officers, and directors to any party (regardless of the form of action, whether in contract, tort, or otherwise) exceed the greater of $100 or the amount You have paid to Diagnostic Green for the applicable content or service out of which liability arose.
Each time You upload any user submitted content (“User Content”), You confirm Your acceptance of and agreement to be bound by this Agreement. You shall, and hereby do, indemnify, defend, and hold harmless Diagnostic Green, its affiliates, agents, employees, sponsors, and licensors from and against any and all claims and expenses, including reasonable attorneys’ fees, arising out of or related in any way to Your User Content, use of the Site, violation of this Agreement, violation of any law or regulation, or violation of any proprietary or privacy right. This includes, but is not limited to, defense and indemnification of Diagnostic Green for any unlawful or unpermitted uploading of any information by a user. This indemnification shall survive any termination or suspension of Your use of this Site.
VIII. TERM AND TERMINATION
Diagnostic Green reserves the right to terminate Your access to any part or the entire Site at any time without notice for any reason whatsoever. Diagnostic Green also reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in its sole discretion. Diagnostic Green reserves the right to seek all remedies available at law and in equity for any violation of this Agreement. Sections V–XVI shall survive the termination of this Agreement.
IX. NO AGENCY OR THIRD PARTY BENEFICIARY
You agree that no agency, partnership, joint venture, employee-employer, or franchiser- franchisee relationship exists as a result of this Agreement or use of the Site. You acknowledge that You, do, not have authority or power to bind Diagnostic Green In no event shall Diagnostic Green be liable for any representation, act, or omission made by You. The parties further agree that nothing in this Agreement is intended, or shall be construed, as creating any rights in third parties.
X. CONTROLLING LAW, JURISDICTION AND INTERNATIONAL USERS
This Agreement is governed by and shall be construed in accordance with the laws of the State of Michigan without reference to its conflicts of laws provisions. You specifically consent to personal jurisdiction in Michigan in connection with any dispute between You and Diagnostic Green arising out of this Agreement, use of this Site, or pertaining to the subject matter hereof. You agree the exclusive venue for any dispute between the Diagnostic Green and You arising out of this Agreement or Your use of this Site will be in the state and federal courts in Oakland County, Michigan or the United States District Court for the Eastern District of Michigan respectively.
Diagnostic Green makes no representation that the materials are appropriate or available for use outside the United States. If You access this Site from outside the United States, You will be responsible for compliance with all local laws. You agree to comply with all laws and regulations applicable to Your use of this Site.
XI. ENTIRE AGREEMENT, SEVERABILITY, AND WAIVER
This Agreement constitutes the entire agreement between Diagnostic Green and You with respect to this Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between You and Diagnostic Green with respect to this Site. If for any reason a court of competent jurisdiction finds any provision of this Agreement or portion thereof to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of this Agreement, and the remainder of this Agreement shall continue in full force and effect. Any failure by Diagnostic Green to enforce any provision of this Agreement shall not constitute a waiver of any rights under such provision or any other provision of this Agreement.
XII. MODIFICATIONS TO AGREEMENT
Diagnostic Green may revise this Agreement at any time and You agree to be bound by the revised Agreement. Any such modifications will become effective upon the date they are first posted to this Site. It is Your responsibility to return to this Agreement from time to time to review the most current terms and conditions. Diagnostic Green does not, and will not, assume any obligation to notify You of changes to this Agreement.
You agree to be bound by any affirmation, assent, or agreement You transmit through this Site, including but not limited to any consent You give to receive communications from Diagnostic Green solely through electronic transmission. You agree that, when in the future You click on an “I agree,” “I consent” or other similarly worded “button” or entry field on this Site, Your agreement or consent will be legally binding and enforceable and the legal equivalent of Your handwritten signature.
XIII. VIOLATION OF TERMS AND CONDITIONS
Any use of this Site in violation of the foregoing violates these Terms and Conditions and may result, among other actions, in termination or suspension of Your rights to use the Site. Any decision as to whether User Content violates these Terms and Conditions or Diagnostic Green, LLC’ posting rules will be made in Diagnostic Green, LLC’ sole discretion.
You are prohibited from using any services or facilities provided in connection with this Site to compromise security or tamper with system resources or accounts. The use or distribution of tools designed for compromising security (e.g., password guessing programs, cracking tools or network probing tools) is strictly prohibited. If You become involved in any violation of system security, Diagnostic Green reserves the right to release Your details to system administrators at other sites in order to assist them in resolving security incidents. Diagnostic Green reserves the right to investigate suspected violations of this Agreement.
Diagnostic Green reserves the right to fully cooperate with any law enforcement authorities or court order requesting or directing Diagnostic Green to disclose the identity of anyone posting, publishing or otherwise making available any materials that are believed to violate this Agreement. BY ACCEPTING THIS AGREEMENT YOU WAIVE AND HOLD HARMLESS Diagnostic Green FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY Diagnostic Green DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER Diagnostic Green OR LAW ENFORCEMENT AUTHORITIES.
A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Notwithstanding the foregoing, any additional terms and conditions on this Site will govern the items to which they pertain.
This Site may contain general information relating to medical conditions and their treatment. The content on this Site is for informational purposes only and is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always consult Your doctor or health provider with any medical questions You have.