Effective: March 3, 2010
Any opinions, advice, statements, services, offers or other information or content made available by third parties are those of the respective author(s), and Esse Health is not responsible for any material posted by third parties.
ESSE HEALTH INTELLECTUAL PROPERTY
Unless otherwise specifically noted, all images, illustrations, designs, graphics, video clips, photographs, trademarks, service marks, logos and icons displayed on the Web Site are the property of, controlled or licensed by Esse Health and may not be used without our prior written consent. The Web Site as a whole is protected by copyright, trademark and trade dress, all worldwide rights, titles and interests in and to which are owned by Esse Health. Modification of the Content on the Web Site is a violation of Esse Health’s copyright, trademark and other proprietary rights.
The Content of our Web Site, and the Web Site as a whole, are intended solely for personal, noncommercial use. You may download or copy the Content and other downloadable materials displayed on the Web Site for your personal use only. No right, title or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying. 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 Content or the Web Site. Reproduction, retransmission or reprinting or use for commercial purposes is prohibited without prior written permission from Esse Health. Any unauthorized use of the images may violate copyright laws, trademark laws, privacy and publicity laws and communications regulations and statutes. Requests for permission to reproduce any information contained on the Web Site should be addressed to Esse Health, Attn: Corporate Counsel, 12655 Olive Blvd., 4th Floor, St. Louis, MO 63141.
NO MEDICAL ADVICE
The information posted here by Esse Health or any third party should not be considered medical advice, and is not intended to replace consultation with a qualified dermatology professional. Esse Health does not answer specific medical questions or refer people to a particular dermatology professional.
USER COMMENTS, FEEDBACK, POSTCARDS AND OTHER SUBMISSIONS
We welcome your comments regarding Esse Health Web Site. However, any comments, feedback, notes, messages, ideas, suggestions or other communications (collectively, “Comments”) sent to essehealth.com shall be and remain the exclusive property of Esse Health. Your submission of any such Comments shall constitute an assignment to Esse Health of all worldwide rights, titles and interests in all copyrights and other intellectual property rights in the Comments. Esse Health will be entitled to use, reproduce, disclose, publish and distribute any material you submit for any purpose whatsoever, without restriction or prior notice and without compensating you in any way. For this reason, we ask that you not send us any comments that you do not wish to assign to us, including any confidential information or any original creative materials such as stories, product ideas, computer code or original artwork.
You agree to defend, indemnify and hold Esse Health, its members, managers, officers, employees and agents harmless from and against any and all claims, damages, costs and expenses, including attorneys’ fees, arising from or related to your use of the Web Site or any services or products offered by Esse Health.
Esse Health uses reasonable efforts to maintain the Web Site, but Esse Health is not responsiblefor any defects or failures associated with the Web Site, the Content, or any damages (such asdirect, indirect, special or consequential damages, lost profits or other damages) that may result from any such defects or failures. In addition, Esse Health makes no guarantees as to the WebSites and information located worldwide throughout the Internet to which you may access as aresult of the use of the Web Site, including as to the accuracy, content, or quality of any such sites and information.
The Web Site and the information on this Web Site are for informational purposes only. The information provided on the Web Site is believed to be reliable, but Esse Health is not responsible for any defects or failures associated with the Web Site or any damages (such as lost profits or other consequential damages) that may result from any such defects or failures. The Web Site may be inaccessible or inoperable for any reason, including, without limitation: (a) equipment malfunctions, (b) periodic maintenance procedures or repairs which Esse Health may undertake from time to time, or (c) causes beyond the control of Esse Health or which are not foreseeable by Esse Health. In addition, Esse Health makes no guarantees as to the web sites and information located worldwide throughout the Internet to which you may access as a result of the use of the Web Site, including as to the accuracy, content, or quality of any such sites and information.
The Web Site and the Content posted thereon are for informational purposes only. The Web Site and the Content are not intended to be a substitute for professional medical advice, diagnosis or treatment. Always seek the advice of a 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 this Web Site. If you think you have a medical emergency, call your doctor or 911 immediately. Esse Health does not recommend or endorse any specific tests, physicians, products, procedures, opinions or other information that may be mentioned on the Web Site or in a link on the Web Site.
PLEASE NOTE THE FOLLOWING IMPORTANT DISCLAIMERS OF WARRANTIES:
THE WEB SITE AND ANY CONTENT OR OTHER INFORMATION PROVIDED THROUGH THE WEB SITE ARE PROVIDED “AS IS” AND YOUR USE IS AT YOUR SOLE RISK. ESSE HEALTH EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE AND NON-INFRINGEMENT.
WITHOUT LIMITATION, ESSE HEALTH MAKES NO WARRANTY THAT THE WEB SITE OR ANY INFORMATION PROVIDED ON OR THROUGH THE WEB SITE WILL MEET YOUR REQUIREMENTS, THAT USE OF THE FOREGOING WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, THAT THE RESULTS OBTAINED FROM THE USE OF THE WEB SITE OR ANY INFORMATION PROVIDED ON OR THROUGH THE WEB SITE WILL BE COMPLETE, TIMELY ACCURATE OR RELIABLE, OR THAT THE QUALITY OF THE WEB SITE, INFORMATION OR OTHER MATERIAL OBTAINED THROUGH THE WEB SITE WILL MEET YOUR EXPECTATIONS.
ANY CONTENT, MATERIALS OR INFORMATION DOWLOADED, VIEWED OR OTHERWISE OBTAINED THROUGH THE WEB SITE IS USED AT YOUR SOLE RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS.
Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT ESSE HEALTH SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF ESSE HEALTH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (A) THE USE OR THE INABILITY TO USE THE WEB SITE OR ANY CONTENT, MATERIALS OR INFORMATION PROVIDED ON OR THROUGH THE WEB SITE; (B) THE COST OF PROCUREMENT OF SUBSTITUTE PRODUCTS AND SERVICES RESULTING FROM ANY CONTENT, DATA OR INFORMATION OBTAINED, MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE WEB SITE OR OTHERWISE; (C) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; OR (D) ANY OTHER MATTER RELATING TO THE WEB SITE OR THE CONTENT AND INFORMATION PROVIDED ON OR THROUGH THE WEB SITE. IN NO EVENT SHALL ESSE HEALTH’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE WEB SITE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
GOVERNING LAW AND OTHER MISCELLANEOUS TERMS
The parties and their respective personnel are and shall be independent contractors, and neither party by virtue of this Agreement shall have any right, power or authority to act or create any obligation, express or implied, on behalf of the other party.
The parties agree that breach of the provisions of this Agreement would cause irreparable harm and significant injury to Esse Health which would be both difficult to ascertain and which would not be compensable by damages alone. As such, the parties agree that Esse Health has the right to enforce the provisions of this Agreement by injunction (without necessity of posting bond), specific performance or other equitable relief without prejudice to any other rights and remedies Esse Health may have for your breach of this Agreement.
If any action at law or in equity is necessary to enforce the terms of this Agreement, the prevailing party will be entitled to reasonable fees of attorneys, accountants and other professionals, and costs and expenses in addition to any other relief to which such prevailing party may be entitled.
This Agreement and any documents referenced herein constitutes the complete and exclusive statement of the Agreement between the parties with respect to the Web Site and use of the Web Site, and, unless otherwise expressly provided herein, it supersedes any and all prior or contemporaneous communications, representations, statements and understandings, whether oralor written, between the parties concerning the Web Site. If any provision of this Agreement is found unlawful or unenforceable in any respect, the court shall reform such provision so as to render it enforceable or, if it is not possible to reform such provision so as to make it enforceable,then delete such provision. As so reformed or modified, the court shall fully enforce this Agreement. The provisions that by their content are intended to survive the expiration or termination of this Agreement, including, without limitation, provisions governing ownership and use of intellectual property, representations, disclaimers, warranties, liability, indemnification, governing law, jurisdiction, venue, remedies, rights after termination and interpretation of this Agreement, will survive the expiration or termination of this Agreement for their full statutory period.
CHANGES TO OUR POLICIES
This Web Site is operated by Esse Health. All inquiries may be directed to:
ESSE HEALTH 12655 Olive Blvd., 4th Floor St. Louis, MO 63141 Email: email@example.com
COPYRIGHT AND COPYRIGHT NOTICES
Esse Health respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Esse Health’s Copyright Agent the following information:
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- a description of the copyrighted work that you claim has been infringed;
- a description of where the material that you claim is infringing is located on the site;
- your address, telephone number, and email 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; and
- a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Please contact Esse Health’s Copyright Agent for Notice of Claims of copyright infringement at: firstname.lastname@example.org.