Welcome to the What’s the Fix? website (the “Website”). By accessing the Website, you agree with these terms and conditions (the “Terms”) in addition to, and not in limitation of, the provisions of any other agreement you may enter into with us. We reserve the right to change the Terms when necessary, and your continuing use of the Website constitutes your acceptance of and agreement to any changes.
By using the Website, you agree to the following terms:
- The Website is designed for informational purposes only. The information provided at the Website is subject to change without notice. Although we try to keep our Website current and accurate, you should not rely on this information or its applicability to any specific circumstances. All information in this website is provided “as is.”
- We disclaim any liability whatsoever for any documentation, information, programs, software, or other material that is or may become a part of the website. We do not warrant or guarantee that the information will be accurate and/or will meet your needs and requirements.
- We are not responsible for any cost or damage arising directly or indirectly from your use of or inability to use this Website or any content, or the interception of loss of any data transmitted to or from this Website. We shall have no liability whatsoever for failure of electronic or mechanical equipment or communication, telephone or other connection problems, computer viruses, unauthorized access or interception of data or this Website, theft, or errors. Your use of this Site, and the submission of any information by you, is at your own risk.
- The Website may include links to third party websites. These links are provided solely as a convenience to you and not as an endorsement of the content on such sites. We are not responsible for the content or services of linked third-party sites.
- We usually permit other organizations to provide a simple link from their site to ours. However, you must first ask our permission if you intend to frame our site or incorporate pieces of it into a different site or product in a way that could confuse our users.
- You will not use this Website in any manner that may: adversely affect this Website’s resources or the availability of this Website to others; violate any local, state, national or international law; unless authorized by us, delete or revise any content on this Website; or, use this Website to harass any other person or to collect or store personal information about other visitors.
- Some parts of this Website may allow you to post, blog, or to e-mail to us, materials or information (“Visitor Content”); or to access or use Visitor Content posted or e-mailed by other visitors to this Site. You grant us the unrestricted right to use or distribute, free of charge, any Visitor Content posted on this Site by you. You will not submit or post any material or information which is illegal, obscene, threatening, defamatory, invasive of privacy, or infringing of proprietary rights of any person or entity, or which contains software viruses, corrupted data, cancel bots, commercial solicitations, or mass mailings or any form of “spam.” You will not use a false e-mail address to impersonate any person or otherwise mislead as to the origin of any material or information you submit or post. We may (but are not obligated to) review, remove or edit any Visitor Content at its discretion. We have no responsibility and assumes no liability for Visitor Content posted by you or by any other party.
- By submitting ideas, suggestions, feedback, documents, and or/proposals (“Contributions”) to us, you acknowledge and agree that: (a) your Contributions do not contain any confidential or proprietary information; (b) We are not under any obligation of confidentiality, express or implied, with respect to the Contributions; (c) We are entitled to use or disclose (or choose not to use or disclose) such Contributions for any purpose, in any manner, and in any media, currently known or subsequently developed; (d) We may have something comparable to the Contributions that is under consideration or development; (e) any Contributions automatically become our property; and (f) your Contributions do not entitle you to any form of compensation.
- We reserves the right to immediately terminate your access to the Website, in the event you violate these Terms. We will not be liable to you for such termination. Upon such termination, you must immediately discontinue use of the Website and destroy any print or electronic copies you have made of any portion of the Website. You may discontinue your access to the Website at any time. We may terminate your access to the Website at any time. Despite your discontinued use of the Website or termination of your access to the Website. Legal rights, obligations, warranties, and liabilities that you have agreed to in these Terms shall continue to apply to your past use of the Website.
Copyright. All text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, indexes, desktop tools, software and any other material or information used in connection with this Website (the “Content”); the selection, arrangement, and presentation of all Content (including information in the public domain); and the overall design of this Website are owned by us and protected by U.S. and international copyright laws. We grant you a personal, non-transferable, non-exclusive, limited, revocable license to access this Website and to download and print Content from this Website solely: (a) for your personal, non-commercial use, and provided that you do not delete or modify any copyright or other proprietary notices there from; or (b) as expressly permitted under any agreement currently in effect between you and us. Any other copying, use, distribution or modification of Content, whether in electronic or hard copy form, is strictly prohibited without our express prior written permission.
Trademarks. The HealthSparq, Inc. and the What’s the Fix? mark, logo and any other trademarks or names of publications, products, content or services referenced on this Site are the exclusive trademarks or service marks of HealthSparq, Inc., including without limitation the “look and feel” of this Website and the color combinations, layout and other graphical elements of this Website. You may not use our trademarks in any manner without our express written permission. Other product and company names that appear on this Website may be subject to trademark or other rights of other parties.
Compliance with COPPA. This Website is not directed at children under the age of 13. We complies with the Children’s Online Privacy Protection Act and do not knowingly permit registration or submission of personally identifiable information by anyone under 13 years of age.
Limitation of Liability. We and our Affiliates are not responsible for any cost or damage arising directly or indirectly from your use of or inability to use this Website or any content, or the interception of loss of any data transmitted to or from this Website. We and our Affiliates shall have no liability whatsoever for failure of electronic or mechanical equipment or communication, telephone or other connection problems, computer viruses, unauthorized access or interception of data or this Website, theft, or errors. Your use of this Website, and the submission of any information by you, is at your own risk. “Affiliate” means, with respect to us, any other entity that directly or indirectly, through one or more intermediaries, controls, is controlled by, or is under common control with HealthSparq, Inc. The term “control” (including the terms “controlled by” and “under common control with”) means the possession, directly or indirectly, of the power to direct or cause the direction of the management and policies of an entity, whether through the ownership of voting securities, by contract or otherwise.
Indemnification. You agree to indemnify, defend and hold harmless HealthSparq, Inc., its Affiliates and each of their officers, directors, employees, agents, successors, and assigns from and against all liability, loss, claim and expense, including reasonable attorneys’ fees, related to your violation of these Terms; your use of the Website and Content and Visitor Content offered through the Website; your provision of Visitor Content; your access to or use of third-party linked sites; and/or your violation of any rights of another, including intellectual property rights, by your use of the Website.
Governing Law and Disputes. These Terms, and any dispute that may arise between you and HealthSparq, Inc., will be governed by the laws of the State of Oregon without regard to conflict of laws principles. The Terms, as may be amended from time to time, set forth the entire understanding between you and HealthSparq as to the subject matter of the Terms, unless otherwise specifically provided under a written agreement, and supersede any prior agreements between you and HealthSparq, whether oral or written, as to the subject matter of the Terms. Jurisdiction and venue will be in the courts of Multnomah County, Oregon, for any disputes arising out of or relating to these Terms.
Miscellaneous. If any provision of the Terms is found to be invalid or unenforceable, the remainder of the Terms shall remain in full force and effect, and all Terms shall be enforced to the fullest extent permitted by law. No waiver or failure to assert any provision of the Terms shall be valid unless in writing.