Terms of Service
These terms of service (these “Terms of Service”) govern use of this website owned by eHealthIQ.com (the “Site”). These Terms of Service must be read carefully. Your use of the Site constitutes that you are confirming you have read and understand, and agree to be bound by, these Terms of Service. You must agree to these Terms of Service in order to use the Site.
Ownership The Site and all content on the Site, including, without limitation, text, graphics, text, images, information, photos, sounds, music, videos, software, script and any interactive features (“Content”) is owned by eHealthIQ.com. The Content is subject to copyright, trademark, and other intellectual property rights under U.S. and international laws.
access, tamper with, or use non-public areas of the Site, eHealthIQ.com’s software, computer systems, or technical delivery systems of our providers; attempt to access or search the Site with any engine, software, tool, agent, device or mechanism other than the software or search agents provided by eHealthIQ.com or other generally available third party Web browsers; attempt to scan, test or probe the vulnerability of any system or network or breach any security measures; attempt to decipher, disassemble or decompile any of the software used to provide the Site; impersonate or misrepresent your affiliation with any entity; interfere or attempt to interfere with the access of any host, user or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail bombing the Site; violate local, state, national or international law; transmit any material that is unlawful, obscene, defamatory, threatening, harassing, abusive, slanderous, hateful, or embarrassing to any other person or entity as determined by eHealthIQ.com in its sole discretion; or send automated queries of any sort to eHealthIQ.com’s system without express permission from eHealthIQ.com.
The Site may enable you to submit personal content to the Site for hosting, display, and distribution to other users of the Site (collectively “Submissions”), such as blogs, message boards, user reviews and the like. When you provide eHealthIQ.com with a Submission, you automatically grant to eHealthIQ.com and its affiliates and representatives that the owner of such content or intellectual property has expressly granted a royalty-free, perpetual, irrevocable, world-wide nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, and display the communication or content in any media or medium, or any form, format, or forum now known or hereafter developed. You acknowledge and agree that you have no expectation of compensation or confidentiality of any nature with respect to any Submission. Submissions are available to all users of the Site. eHealthIQ.com reserves the right to display advertisements in connection with your Submissions and to use your Submissions to advertise and promote your Submissions, the Site or the means by which your Submissions are available. eHealthIQ.com reserves the right to remove, modify or reject Submissions in its sole and absolute discretion. You represent and warrant that:
you own all rights to your Submissions or you have obtained the necessary rights to enable you the right to grant to eHealthIQ.com the rights in your Submissions; you have paid and/or will pay in full all fees, including but not limited to, licensing fees and clearance fees, and any other financial obligations, of any kind, arising from any use or commercial exploitation of your Submissions; you are the individual pictured or heard in your Submissions, or you have obtained permission from each person (including consent from parents or guardians for any individual under the applicable age of majority) who appears and/or is heard in your Submissions to grant the rights to eHealthIQ.com described herein; you will make such permissions available to eHealthIQ.com upon request; and your Submissions do not infringe the intellectual property rights, privacy rights, publicity rights, or any other legal or moral rights of any third party. You agree to keep any and all records necessary to establish that your Submissions do not violate any of the foregoing representations and warranties and to make such records available to eHealthIQ.com upon eHealthIQ.com’s request.
You further agree that eHealthIQ.com and its affiliates are free to use for any purpose the following, including but not limited to ideas, know-how, criticisms, techniques, concepts, comments, reports, or other feedback other than Submissions (“Feedback”), whether oral or written, that you may send to eHealthIQ.com. You agree that you have no expectation of compensation and that eHealthIQ.com has no duties to you, with respect to such Feedback.
This Site Does Not Provide Medical Advice
THE CONTENT OF THE SITE AND USE OF INFORMATION OBTAINED BY USING THE SITE IS FOR INFORMATIONAL PURPOSES ONLY. THE SITE AND ITS CONTENT IS NOT INTENDED TO BE A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. ALWAYS CONSULT YOUR PHYSICIAN OR OTHER QUALIFIED HEALTHCARE PROVIDER WITH ANY QUESTIONS YOU MAY HAVE REGARDING A MEDICAL CONDITION. IF YOU THINK YOU HAVE A MEDICAL EMERGENCY, CALL YOUR DOCTOR OR DIAL 911 IMMEDIATELY. eHealthIQ.com DOES NOT ENDORSE, RECOMMEND, EVALUATE OR GUARANTEE ANY SPECIFIC PHYSICIANS, PRODUCTS, PROCEDURES, MEDICAL THEORIES, OR OTHER INFORMATION APPEARING IN THE SEARCH RESULTS OR OTHERWISE ON THE SITE, AND HEREBY DISCLAIMS ANY AND ALL LIABILITY RELATING TO ANY USE THEREOF. YOUR ACCESS TO AND USE OF THE SITE AND THE CONTENT IS AT YOUR OWN RISK.
It is not part of the regular, established practice for eHealthIQ.com to monitor, control, or have knowledge of any content transmitted on or through the Site. You agree that you are solely responsible for all content you transmit and receive on or through the Site.
eHealthIQ.com may provide links in the Content to third-party websites of which eHealthIQ.com exercises no control over. These search results are generated automatically by eHealthIQ.com’s computers and search software. As a result, some of the results may link to websites that are inaccurate, missing, out-of-date, inappropriate, or offensive. You acknowledge and agree that eHealthIQ.com is not responsible or liable for: (1) the availability or accuracy of such websites or resources; or (2) the content, products, or services on or available from such websites or resources. eHealthIQ.com hereby disclaims any and all liability relating to such websites or resources. Links to such websites or resources do not imply any endorsement by eHealthIQ.com of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and agree that use of third party websites is solely at your own risk.
Digital Millennium Copyright Act Compliance; Designated Agent
eHealthIQ.com respects the intellectual property rights of others. Upon proper notice, eHealthIQ.com will remove any content of the Site that violates copyright law and will subsequently terminate accounts of repeat infringers. Pursuant to Title 17 of the U.S. Code, Section 512, eHealthIQ.com has implemented procedures for receiving written notification of claimed copyright infringement and for processing such claims in accordance with the law. If you believe your work has been copied in a way that constitutes copyright infringement, please send eHealthIQ.com’s copyright agent a notification of claimed infringement with all of the following information:
identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a list detailing such works; identification of the claimed infringing material and reasonably sufficient information that can permit eHealthIQ.com to locate the material on the Site; information reasonably sufficient to permit eHealthIQ.com to contact you, such as an address, telephone number, and, if available, an e-mail address; a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; a statement by you, made under penalty of perjury, that the above information in your notification is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf; and your signature, whether physical or electronic. Please send all of the above information to the following eHealthIQ.com copyright agent:
Please do not send notices and/or inquiries unrelated to alleged copyright infringement to eHealthIQ.com’s designated agent.
Your permission to use the Site is immediately and automatically terminated if you violate any of these Terms of Service.
Modifications To The Site
eHealthIQ.com reserves the right to change or discontinue the Site at any time with or without notice to you. eHealthIQ.com shall not be liable to you or any third party should eHealthIQ.com exercise this right to discontinue or modify the Site.
Disclaimer Of Warranties
YOU EXPRESSLY AGREE THAT YOUR USAGE OF THE SITE IS AT YOUR OWN RISK. THIS WEBSITE IS PROVIDED ON AN “AS IS” BASIS. eHealthIQ.com AND ITS AFFILIATES, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, WHETHER EXPRESSED OR IMPLIED, WITH RESPECT TO THE SITE (INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, AND NON-INFRINGEMENT). eHealthIQ.com AND ITS AFFILIATES MAKE NO REPRESENTATIONS ABOUT THE ACCURACY, RELIABILITY OR COMPLETENESS OF CONTENT AVAILABLE ON OR THROUGH THE USE OF THE SITE OR THE CONTENT OF ANY WEBSITES LINKED TO THE SITE AND ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY:
CONTENT ERRORS OR INACCURACIES; ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS OR ANY AND ALL PERSONAL INFORMATION OR FINANCIAL INFORMATION STORED THEREIN; PERSONAL INJURY OR PROPERTY DAMAGE RESULTING FROM YOUR USE OF OR ACCESS TO THE SITE; ANY INTERRUPTION OF TRANSMISSION TO OR FROM THE SITE; ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY; AND FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT E-MAILED, POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE ON OR THROUGH THE SITE. eHealthIQ.com AND ITS AFFILIATES DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY THIRD PARTY PRODUCT OR SERVICE ADVERTISED THROUGH THE SITE OR ANY LINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING. eHealthIQ.com AND ITS AFFILIATES WILL NOT BE IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD PARTY PROVIDERS OF PRODUCTS AND/OR SERVICES. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL OR INFORMATION DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE ARISING THEREFROM. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM eHealthIQ.com OR THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
Limitation Of Liability
YOUR USE OF THE SITE CONSITUTES YOUR UNDERSTANDING THAT TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL eHealthIQ.com OR ITS DIRECTORS, OFFICERS, EMPLOYEES, PARENTS, SUBSIDIARIES, SHAREHOLDERS, AFFILIATES, AGENTS, OR LICENSORS BE LIABLE UNDER ANY THEORY OF LIABILITY (WHETHER IN CONTRACT, TORT, STATUTORY, OR OTHERWISE) FOR ANY INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF REVENUES, PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF SUCH PARTIES WERE ADVISED OF, KNEW OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM YOUR (OR ANYONE USING YOUR ACCOUNT’S) USE OF THE SITE.
Exclusions And Limitations
Under some jurisdictions, the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages, is not allowed. In accordance with this, some of these above limitations and disclaimers may not apply to you. To the extent eHealthIQ.com may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of eHealthIQ.com’s liability shall be the minimum permitted under the applicable law.
Your use of the Site constitutes your agreement to indemnify, defend, and hold eHealthIQ.com, its parents, subsidiaries, affiliates, officers, directors, employees, consultants and agents, harmless from and against any and all claims, actions or demands, liabilities, damages, losses, costs, expenses, fees (including reasonable attorneys’ fees and costs) resulting from (1) any information (including, without limitation, your Submissions, Feedback, or any other content) you (or anyone using your account) submit, post, or transmit on or through the Site; (2) your (or anyone using your account’s) use of the Site; (3) your (or anyone using your account’s) violation of these Terms of Service; or (4) your (or anyone using your account’s) violation of any rights of any other person or entity, including, without limitation, any copyright, patent, trademark, trade secret or other proprietary rights of any person or entity. eHealthIQ.com reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with eHealthIQ.com in asserting any available defenses.
eHealthIQ.com will not be held liable, under any circumstances, for any delay or performance failure due in whole or part to any acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, software bugs, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, earthquakes, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning.
Should any provision of these Terms of Service be determined to be unenforceable or invalid, the remaining provisions of these Terms of Service will be enforced and remain in full effect.
The failure of eHealthIQ.com to enforce any right or provision of these Terms of Service will not be deemed a waiver of such right.
Controlling Law And Jurisdiction
These Terms of Service and any action related thereto will be governed by the laws of the State of Illinois without regard to any conflict of laws, principles or rules. The exclusive jurisdiction and venue of any action with respect to the subject matter of these Terms of Service will be the state and federal courts located of Illinois, and each of the parties hereto waives any objection to jurisdiction and venue in such courts.
These Terms of Service, together with any other rules or guidelines posted in connection with the Site, are the entire and exclusive agreement between eHealthIQ.com and you regarding the Site and Content. These Terms of Service supersede and replace any prior agreements between eHealthIQ.com and you regarding the Site.
Terms of Service Changes
eHealthIQ.com may change these Terms of Service from time to time, in its sole and absolute discretion. Should eHealthIQ.com change all or part of these Terms of Service, eHealthIQ.com will post a copy of the Terms of Service as changed on the Site. Your continued use of the Site constitutes your agreement to abide by the new Terms of Service. If you object to any such changes, your sole recourse shall be to cease using the Site.