By using one of our Web Sites, you accept this Agreement and certify that you are above the age of majority in your jurisdiction. Additional terms and conditions apply to some services offered on our Web Sites and may be found at the place where the relevant service is offered.
The following are the terms of the Agreement between you and us. By accessing, using this Web site, or buying any product or service offered thereunder, you acknowledge that you have read, understand, and agree to be bound by these Terms and to comply with all applicable laws and regulations, including export and re-export control laws and regulations.
If you do not agree to these Terms, please do not use this Web Site or buy any products or services offered thereunder.
You certify that the information you provide on our Web Sites is accurate and complete. You will be responsible for the confidentiality of your password and for all statements made and acts or omissions that occur on your account. If you believe someone has used your password or account without your authorization, you must notify us immediately. Your account may also be restricted or terminated for any reason, at our sole discretion. We may also change, restrict access to, suspend, or discontinue our Web Sites, or any portion of our Web Sites, at any time without notice.
We and our affiliates have no liability to you for content on our Web Sites that you find offensive, indecent, or objectionable. You are prohibited from: (i) Violating or attempting to violate the security of our Web Sites; (ii) Using any device, software, or routine to interfere or attempt to interfere with the proper working of our Web Sites; or (iii) Using or attempting to use any engine, software, tool, agent or other device or mechanism (except the search mechanisms provided by us or other third party web browsers) to navigate or search our Web Sites.
All copyrights, trademarks, trade dress, other intellectual property and materials, including page headers, images, text, illustrations, formats, logos, designs, icons, photographs, programs, music clips or downloads, video clips and written and other materials (collectively, the “IP“) are owned, controlled or licensed by us, one of our affiliates or by third parties who have licensed their materials to us and are protected by U.S. and international trademark and copyright laws.
You may access, view, download, and print the IP and all other materials displayed on our Web Sites for your personal, non-commercial use only; provided, however, that you (i) preserve all copyright, trademark or other proprietary designations contained on all IP; (ii) do not modify or alter the IP in any way; and (iii) do not provide or make available the IP to any third party in a commercial manner.
No license, right, title or interest in any materials or software is transferred to you as a result of your use of our Web Sites or your accessing, viewing, downloading, or printing of the IP. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, any of the IP, our Web Sites or any related software.
All software used on our Web Sites is the property of ours or our suppliers and protected by U.S. and international copyright laws. The IP and software on our Web Sites may be used only as a shopping resource or in conjunction with the application, product or services offered therewith. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the IP on this Site is strictly prohibited.
The compilation (meaning the collection, arrangement, and assembly) of all IP on our Web Sites is the exclusive property of us and is also protected by U.S. and international copyright laws. Good Methods Global, the good methodsglobal.com names and logos, and all other graphics, logos, page headers, button icons, scripts, and service names included in or made available through any of our Web Sites are trademarks or trade dress of ours in the U.S. and other countries. All other marks are the property of their respective companies.
Except for the limited permission in the preceding paragraph, we do not grant you any express or implied rights or licenses under any patents, trademarks, copyrights, or other proprietary or intellectual property rights. You may not mirror any of the content from this site on another Web site or in any other media. Any software and other materials that are made available for downloading, access, or other use from this site with their own license terms will be governed by such terms, conditions, and notices. Your failure to comply with such terms or any of the terms on this site will result in automatic termination of any rights granted to you, without prior notice, and you must immediately destroy all copies of downloaded materials in your possession, custody or control.
You agree to defend, indemnify, and hold harmless us and our officers, employees, directors, agents, contractors and affiliates from and against any and all claims, damages, costs, and expenses, including attorneys’ fees, arising from or related to your use of the Good Methods Sites or any breach by you of this Agreement.
This Agreement is effective unless and until terminated by either you or us. You may terminate this Agreement at any time, provided that you discontinue any further use of our Web Sites. We also may terminate this Agreement at any time and may do so immediately without notice, and accordingly deny you access to our Web Sites, if in our sole discretion you fail to comply with any term or provision of this Agreement. Upon any termination of this Agreement by either you or us, you must promptly destroy all materials downloaded or otherwise obtained from our Web Sites, as well as all copies of such materials, whether made under this Agreement or otherwise. The following sections shall survive any termination of this Agreement: “Use of the Web Sites,” “Content Submission,” “Order Acceptance and Billing,” “Pricing Information,” “Information Provided on the Web Sites,” “Export Policy,” “Intellectual Property,” “Indemnification,” “Termination,” “Disclaimer,” “Limitation of Liability,” “Privacy,” and “General.”
USE OF THIS SITE IS AT YOUR SOLE RISK. ALL MATERIALS, INFORMATION, PRODUCTS, SOFTWARE, PROGRAMS, AND SERVICES ARE PROVIDED “AS IS,” WITH NO WARRANTIES OR GUARANTEES WHATSOEVER. IBM EXPRESSLY DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, STATUTORY, AND OTHER WARRANTIES, GUARANTEES, OR REPRESENTATIONS, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY AND INTELLECTUAL PROPERTY RIGHTS. WITHOUT LIMITATION, WE MAKE NO WARRANTY OR GUARANTEE THAT THIS WEB SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. YOU UNDERSTAND AND AGREE THAT IF YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIALS, INFORMATION, PRODUCTS, SOFTWARE, PROGRAMS, OR SERVICES FROM THIS WEB SITE, YOU DO SO AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES THAT MAY RESULT, INCLUDING LOSS OF DATA OR DAMAGE TO YOUR COMPUTER SYSTEM.
THIS SITE IS PROVIDED BY US ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF OUR WEB SITES OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON OUR WEB SITES. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, WE DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, FOR ANY MERCHANDISE OFFERED ON OUR WEB SITES. YOU ACKNOWLEDGE, BY YOUR USE OF OUR WEB SITES, THAT YOUR USE OF OUR WEB SITES IS AT YOUR SOLE RISK.
THIS DISCLAIMER DOES NOT APPLY TO ANY PRODUCT OR SERVICE WARRANTY OFFERED BY THE MANUFACTURER OF THE ITEM OR THE PROVIDER OF SUCH SERVICE. YOU AGREE THAT SUCH MANUFACTURER OR SERVICE PROVIDER SHALL BE SOLELY RESPONSIBLE AND LIABLE FOR SUCH WARRANTY. YOU ACKNOWLEDGE THAT WE ARE NOT RESPONSIBLE OR LIABLE FOR SUCH MANUFACTURER’S PRODUCT OR SERVICE PROVIDER’S WARRANTY.
YOU ACKNOWLEDGE THAT THIS DISCLAIMER CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT.
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL OR EQUITABLE THEORY, WHETHER IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE, SHALL GOOD METHODS OR ANY OF ITS AFFILIATES, EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, VENDORS OR SUPPLIERS BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY NATURE ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE GOOD METHODS SITES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF AN AUTHORIZED REPRESENTATIVE OF GOOD METHODS HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. SUBJECT TO THE FOREGOING, IN NO EVENT WILL GOOD METHODS BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE LOWER O GOOD METHODS F (I) THE FEES PAID BY YOU IN CONNECTION WITH YOUR USE OF THE SITES DURING THE ONE MONTH PERIOD PRECEDING THE DATE ON WHICH THE CLAIM AROSE OR (II) ONE HUNDRED DOLLARS ($100).
The export and re-export of the Software, applications, products and services may be controlled by the United States Export Administration Regulations. The Software may not be used in Cuba; Iran; North Korea; Sudan; or Syria or any country that is subject to an embargo by the United States. If you are a resident or national of, or a business located in, any of those countries, you may not download or use the Software. In addition, the Software may not be distributed to persons on the Table of Denial Orders; the Entity List; or the List of Specially Designated Nationals.
You and we agree that the validity, interpretation, construction and performance of this Agreement shall be governed by the laws of the State of Delaware, without giving effect to the principles of conflict of laws. You and we expressly agree that the United Nations Convention on Contracts for the International Sale of Goods will not apply.
You agree that any and all controversies, disputes, demands, counts, claims, or causes of action (including the interpretation and scope of this clause), legal suit, action or proceeding arising out of, or related to, this Agreement or the Services between you and us and our employees, agents, successors, or assigns, shall exclusively be settled through binding and confidential arbitration. Arbitration shall be subject to the Federal Arbitration Act and not any state arbitration law. The arbitration shall be conducted before one commercial arbitrator with substantial experience in resolving commercial contract disputes from the American Arbitration Association (“AAA”) or JAMS. The arbitration will be governed by the AAA’s or JAMS’s rules for commercial arbitration and, if the arbitrator deems them applicable, the procedures for consumer-related disputes. Claims shall be exclusively brought in the state or federal courts located in Santa Clara County, California.
All matters relating to the Services and this Agreement and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of California without giving effect to any choice or conflict of law provision or rule (whether of the State of California or any other jurisdiction) except that the arbitration provision shall be governed by the Federal Arbitration Act.
You further agree that such arbitration shall be brought in the federal or state courts in state of California and you waive your right to a trial by jury.
This Agreement represents the complete agreement between the parties and supersedes all prior agreements and representations between them. Headings used in this Agreement are for reference purposes only and in no way define or limit the scope of the section. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable and the other terms of this Agreement shall remain in full force and effect. The failure of Good Methods to act with respect to a breach of this Agreement by you or others does not constitute a waiver and shall not limit Good Methods’s rights with respect to such breach or any subsequent breaches. This Agreement shall be governed by and construed under California law without regard to conflicts of law provisions.
The Health Insurance Portability and Accountability Act of 1996 (HIPAA) Privacy Rule allows patients the right to receive a notice that describes how personal health information may be used and/or disclosed and how to acquire access to this information. We fully comply with HIPAA and will not disclose your personal health information without your prior written consent unless otherwise required by applicable law. Some of the information you provide to us is personal health information. We will use such information only in conjunction with the applications, services and products that you or your providers buy from us. We will not provide such information to third parties without your prior written consent except to your providers of medical, dental and health services, which you have provided to us or who have provided us with your personal health information.
We do not give medical advice in connection with our Web Site or the provision of our applications, services or products. If you have a medical problem of any nature whatsoever, please contact your personal doctor, dentist or other medical provider.
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