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By using this site, you signify your assent to these Terms and Conditions. If you do not agree to all of these Terms and Conditions of use, do not use this site! The Publisher of Datelinehealth-Africa.net ("Publisher") may revise and update these Terms and Conditions at anytime. Your continued usage of the Datelinehealth-Africa.net (DLHA) website ("Datelinehealth-Africa Site," or the "Site,") will mean you accept those changes. INDEX
The contents of the Datelinehealth-Africa Site, such as text, graphics, images, information and other materials generally ("Content") are for information purposes only. The Content is not intended to be a substitute for professional medical advice, diagnosis 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 in seeking it because of something you have read on the Datelinehealth-Africa Site! If you think you may have a medical emergency, call your doctor immediately. Datelinehealth-Africa 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 Datelinehealth-Africa, its employees, or others appearing on the Site is solely at your own risk. The Site may contain health or medical related materials, which you may find sexually explicit or otherwise offensive. Datelinehealth-Africa, 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 country of residence. DLHA is 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 12. We urge that parents, guardians or teachers supervise children under the age of 12 using this site. We do not knowingly collect personally identifiable information from any person who we know is actually a child under the age of 12. Datelinehealth-Africa authorizes you to view or download a single copy of the material on the Datelinehealth-Africa Site solely for your personal, noncommercial use if you include the following copyright notice: "Copyright (c) 2001-2004, Datelinehealth-Africa.net All rights reserved" and other copyright and proprietary rights notices which are contained in the Content. All special rules for the use of any intellectual property and other items provided on the Datelinehealth-Africa Site are incorporated into these Terms and Conditions by reference. The Content is protected by copyright under both United States and foreign laws. Intellectual property rights/Title to the Content remains with Datelinehealth-Africa 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 Datelinehealth-Africa. All rights not expressly granted herein are reserved to Datelinehealth-Africa 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 DATELINEHEALTH-AFRICA AND ITS LICENSORS The use of the Datelinehealth-Africa Site and the Content is at your own risk. When using the Site, information will be transmitted over a medium, which is beyond the control and jurisdiction o Datelinehealth-Africa and its suppliers. Accordingly, Datelinehealth-Africa 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 Site. The Datelinehealth-Africa Site and the content are provided on "as is" basis. DATELINEHEALTH-AFRICA, 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, Datelinehealth-Africa, its licensors and its suppliers make no representations or warranties about the following: 1. The accuracy, reliability, completeness, currency or timeliness of the Content, software, text, graphics, links, or communications provided on or through the use of the Datelinehealth-Africa Site. 2. The satisfaction of all national government regulations requiring disclosure of information on prescription drug and products with regard to the Content contained on the Datelinehealth-Africa Site. In no event shall Datelinehealth-Africa, its licensors, its suppliers or any third parties mentioned on the 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 Datelinehealth-Africa Site or the Content whether based on warranty, contract, tort or any other legal theory, and whether or not Datelinehealth-Africa is advised of the possibility of such damages. Datelinehealth-Africa 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. Remedies under these Terms and Conditions are exclusive and are limited to those expressly provided for in these Terms and Conditions. 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. If you make any such submission, you automatically grant - or warrant that the owner of such content has expressly granted - Datelinehealth-Africa 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. Datelinehealth-Africa may sublicense its rights through multiple tiers of sublicenses. MY HEALTH PROFILE & MY HEALTH RISK APPRAISAL "My Health Profile" and "My Health Risk Appraisal" are services that allow you to record limited amounts of personal health information on a voluntary basis on servers maintained by Datelinehealth-Africa or on its behalf. Both records are strictly structured to allow access only to their creator using a valid password. Whenever you submit or modify your information in "My Health Profile" and "My Health Risk Appraisal", we will send such information over the Internet using encryption technology (Secure Socket Layer (SSL) software). The information you submit to "My Health Profile" and "My Health Risk Appraisal" 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 "My Health Profile" and "My Health Risk Appraisal" 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 password(s)and therefore the information in your "My Health Profile" and My Health Risk Appraisal" 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 "My Health Profile" and "My Health Risk Appraisal" account and password; (3) promptly inform Datelinehealth-Africa of any need to deactivate a password. You grant Datelinehealth-Africa and all other persons or entities involved in the operation of the Site and "My Health Profile" and "My Health Risk Appraisal" the right to transmit, monitor, retrieve, store and use your information specifically in connection with the stated objectives and operation of "My Health Profile" and "My Health Risk Appraisal". Datelinehealth-Africa cannot and does not assume any responsibility or liability for any information you submit to "My Health Record" and "My Health Risk Appraisal" or any use or misuse of information transmitted or received in relation to "My Health Profile" and "My Health Risk Appraisal". DATELINEHEALTH-AFRICA COMMUNITY (LIVE AND MEMBER-TO-MEMBER AREAS)/ ("PUBLIC AREAS") If you use a Public Area, you are solely responsible for your own communications, the consequences of posting those communications and your reliance on any communications found in the Public Areas. Datelinehealth-Africa is not responsible for the consequences of any communications in the Public Areas. In cases where you feel threatened or believe someone else is in danger, you should contact your local law enforcement agency immediately. If you think you may have a medical emergency, call your doctor immediately. In consideration of being allowed to use the Public Areas, you agree that the following actions shall constitute a material breach of these Terms and Conditions: 1. Using a Public Area for any purpose in violation
of local, state, national, or international laws. Datelinehealth-Africa reserves the right (but is not obligated) to do any or all of the following: 1. Record the dialogue in public chat rooms. Datelinehealth-Africa reserves the right to take any action it deems necessary to protect the personal safety of our guests or the public. Datelinehealth-Africa has no liability or responsibility to users of the Site or any other person or entity for performance or nonperformance of the aforementioned activities. ADVERTISEMENTS AND LINKS TO OTHER SITES You agree to defend, indemnify and hold Datelinehealth-Africa, 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. Datelinehealth-Africa.net is based in Newark, Delaware, in the United States of America and has affiliate offices in Nigeria, West Africa and other African countries. . Datelinehealth-Africa.net makes no claims that the Content is appropriate or may be downloaded for all countries of the world. Access to the Content may not be legal by certain persons or in certain countries. If you access the Datelinehealth-Africa Site from anywhere in the world, 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 for any reason whatsoever of these Terms and Conditions: Liability, User Submissions, Indemnity, Jurisdiction, and Complete Agreement. You expressly agree that exclusive jurisdiction for any dispute with Datelinehealth-Africa, or in any way relating to your use of the Datelinehealth-Africa Site, resides in the courts of the State of Delaware and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the State of Delaware in connection with any such dispute including any claim involving Datelinehealth-Africa 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 Delaware, USA 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. Except as expressly provided in a particular "legal notice" on the Datelinehealth-Africa Site, these Terms and Conditions constitute the entire agreement between you and Datelinehealth-Africa with respect to the use of the Datelinehealth-Africa Site, and Content. Your use of the Datelinehealth-Africa Site is also subject to the Datelinehealth-Africa.net Privacy Policy. Thank you for your cooperation. We hope you find the Datelinehealth-Africa Site helpful, convenient and enjoyable to use! Questions or comments regarding this Website should be directed by electronic mail to publisher@datelinehealth-africa.net October 2001 |
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