Terms and Condition - 365 Health Global Logistics
TERMS AND CONDITION
PLEASE READ AND REVIEW THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE
Copyrights, Trademarks, and IP Rights Generally
365Health’s service and product names are trademarks and/or service marks of 365Health, its affiliates and/or its subsidiaries. These and all other names, logos, and marks on this website are owned or licensed by 365Health and may not be used by you without express prior written permission from 365Health.
Digital Millennium Copyright Act
The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe that your work has been copied and posted on this website in a way that constitutes copyright infringement, please provide us with the following information:
(1) an electronic or physical signature of the copyright owner or of the person authorized to act on behalf of the owner of the copyright interest;
(2) a description of the copyrighted work that you claim has been infringed;
(3) a description of where the material that you claim is infringing is located on this website;
(4) your address, telephone number, and e-mail address;
(5) a written 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
(6) a statement by you, made under penalty of perjury, that the information in subsections (1) – (5) above in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. Any notification by a copyright owner or a person authorized to act on its/their behalf that fails to comply with requirements of the DMCA shall not be considered sufficient notice and shall not be deemed to confer upon 365Health’s actual or constructive ownership knowledge of facts or circumstances from which infringing material or acts are evident. Claims of copyright infringement can be sent to the following address:
21822 Lassen Street, Suite A,
Chatsworth, CA 91311
Attn: General Counsel
We suggest that you consult your legal advisor before filing a copyright infringement notice. You should note that there can be penalties for false claims under the DMCA.
User-Provided Information and User-Generated Content
Any questions, comments, feedback, suggestions, ideas, or the like (collectively, “Feedback”) you provide through this Website is without obligation of any kind, and 365Health will be free to reproduce, use, disclose, and distribute such Feedback to others without limitation. You agree to grant to 365Health a non-exclusive, royalty-free, worldwide, perpetual license, with the right to use, sublicense, reproduce, distribute, create derivative works of, publicly display and publicly perform any Feedback, including any materials and other information (including, without limitation, ideas for new or improved products and services) you submit to 365Health through this website (including through email, bulletin boards, forums or news groups) by any means and in any medium. To the extent permitted under the Privacy Statement accessed by clicking Privacy Statement, you also grant 365Health the right to use your name in connection with the submitted materials and other information as well as in connection with all advertising and promotional material related to it. You agree that you will have no recourse against 365Health for any infringement or misappropriation of any proprietary right in your Feedback and communications to us.
You understand and agree that e-mail submissions over the Internet may not be secure and are subject to the risk of interception by third parties. You agree not to submit or transmit any communication or materials through this website that
(i) is defamatory, threatening, obscene or harassing,
(ii) violates the legal rights of others or breaches any legal duty owed to others, (iii) contains a virus, worm, Trojan horse or any other harmful component,
(iv) incorporates copyrighted or other confidential or proprietary material of any third party without that party’s permission; or
(v) otherwise violates any applicable laws or regulations. 365Health shall not be subject to any obligations of confidentiality regarding any information or materials that you submit online except as
(vii) set forth in the Privacy Statement, or
(vii) set forth in any additional terms and conditions relating to specific products or services, or as otherwise specifically agreed or required by law or regulation.
Inclusion of Other Notices and Terms
Links on this website may allow you to leave 365Health’s website or be sent to another third-party’s website. 365Health is providing these links to you only as a convenience, and the inclusion of any link neither implies endorsement by 365Health of the linked site does not obligate you to click the link. Third-party linked sites are not under the control of 365Health and 365Health is not responsible for the contents of any linked site or any link contained in a linked site, or any changes or updates to such sites. You are responsible for taking precautions to ensure that whatever you select for your use is free of such items as infection viruses, worms, Trojan horses, or other code that manifests contaminating or destructive properties, and other items of a harmful or destructive nature. It is also your responsibility to review the privacy statements on any linked sites, as their privacy rules and standards may be different than 365Health’s and 365Health is not responsible for their privacy statements or practices. You should also review the terms and conditions of any linked sites. 365Health welcomes bookmarks and links to its website for lawful purposes. You are free to establish a hypertext link to this website as long as the link does not state or imply any sponsorship or endorsement of your site by 365Health or any of its affiliates. 365Health reserves the right, in its sole discretion at any time, to deny any request, or rescind any permission granted, to link to this website and to require termination of any such link to this website. You may not frame any content of this website or utilize any framing techniques in any way, including but not limited to enclosing any trademark, logo, or other proprietary information (including, but not limited to, images, text, page layout, or form), without 365Health’s prior written consent. You may also not incorporate any intellectual property contained on this website or owned by 365Health or its licensors. You may not use any meta tags or any other “hidden text” utilizing 365Health’s name or trademarks without the express written consent of 365Health. IN NO EVENT WILL 365Health, ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES OR ASSOCIATES BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR ANY OTHER DAMAGES WHATSOEVER INCLUDING BUT NOT LIMITED TO, LOST PROFITS OR BUSINESS INTERRUPTION DAMAGES EVEN IF 365Health OR ITS REPRESENTATIVES HAVE BEEN SPECIFICALLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, FOR ANY USE OF THE LINKED SITES SET FORTH IN THIS SECTION.
Use of this website may (i) require compatible devices (e.g., personal computer, mobile phone, tablets and other consumer electronic devices), Internet access or Wi-Fi, certain software and wireless plans with necessary wireless data features; (ii) require periodic updates; and (iii) be affected by the performance of the factors set forth herein. Your use of mobile device features may result in increased charges from your wireless carrier.
Limits on Accuracy
This website is as a service by 365Health to provide information about its products and services. 365Health Information makes reasonable efforts to make information contained on this website accurate at the time it is created. However, information may become outdated over time. It is important that you rely on the advice of an appropriate professional when interpreting and using this information. Nothing contained on this website is to be construed as medical, legal, investment, financial, or other advice, or any instruction or guidance regarding any products supplied or distributed by 365Health. The information on this website is not intended to be a substitute for such advice. 365Health makes no warranties or representations as to the accuracy of any information on this website. All users agree that all access to and use of this website is at their own risk. Information on this website may contain technical inaccuracies or typographical errors. Information may be changed or updated without notice. 365Health may also make improvements and changes in the products and services described in this website at any time without notice.
Forward Looking Statements
Material on this website may constitute forward-looking statements within the meaning of the Private Securities Litigation Reform Act of 1995. Forward-looking statements and phrases may include words like “believe”, “estimate”, “anticipate”, “plan”, “predict”, “may”, “hope”, “can”, “will”, “should”, “expect”, “intend”, “is designed to”, “with the intent”, “potential”, or the negative of these words or such other variations thereon or comparable terminology. The absence of any such word does not mean that a statement is not forward-looking. The absence of any such word does not mean that a statement is not forward-looking. Forward-looking statements are intended to communicate expectations regarding future events. 365Health’s actual performance or conditions may differ significantly from such statements. By nature, forward-looking statements involve risk and uncertainties and sometimes turn out to be wrong or inaccurate. You should not place undue reliance on any such statements. Factors that can affect accuracy of forward-looking statements are included in 365Health’s periodic filings with the SEC, including its most recent Form 10-K. 365Health has no obligation to update or revise the statements made herein or the factors referred to herein.
Products/Programs Not Available Everywhere
365Health publishes information on this website that may contain references or cross-references to 365Health products and services that are not announced or available in your locale. Such references do not imply that 365Health intends to announce such products or services in your locale. To ensure that you have current and accurate information about products and services of interest to you, please contact a 365Health representative.
No Unlawful or Prohibited Use
As a condition of your use of this website and Content, you agree not to use this website or its Content for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You agree not to use this website or its Content in any manner that could damage, disable, overburden, or impair any 365Health server, or the network(s) connected to any 365Health server, or interfere with any other party’s use and enjoyment of this website and its Content. You agree not to attempt to gain unauthorized access to this website, other accounts, computer systems or networks connected to any 365Health server or to this website, through hacking, password mining or any other means. You also agree to not obtain or attempt to obtain any materials or information through any means not intentionally made available through this website or its Content.
Disclaimer and Limit on Damages
You understand that 365Health cannot and does not guarantee that content available from or on this website will be free of infection, viruses, or other code that manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to this website for the reconstruction of any lost data. You assume all responsibility and risk for your use of this website, including your responsibility to evaluate the accuracy, completeness, and usefulness of all material and reports provided through or generated by this website. 365Health does not warrant that this website will be uninterrupted or error-free or that defects in this website will be corrected. Content, including any software provided on this website and related communications, are provided “as is” for information purposes only and 365Health makes no guarantee or warranty with respect to correctness, reliability, accuracy, or appropriateness of the material or the results obtained from the use of the services provided on this website. You agree that use of this website is at your own risk. In addition, all warranties, either express or implied, are hereby disclaimed, including warranties of performance, merchantability, fitness for a particular purpose (even if 365Health or its authorized representatives have been advised of the possibility of any such purpose), or non-infringement. 365Healthhas no obligation or duty to update any information on this website.
By using the ordering system set forth on this website, you acknowledge that 365Health is not the manufacturer of any such products, and EXCEPT AS OTHERWISE PROVIDED IN THIS AGREEMENT, 365HealthDISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THOSE OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE, FOR PRODUCTS AND SERVICES. No oral or written information provided by 365Health, its employees or other representatives will create any such warranty.
You agree to indemnify, defend, and hold harmless 365Health and its affiliates and their respective officers, directors, employees, agents, licensors, suppliers and any third-party information providers to this website from and against all losses, expenses, damages, and costs, including reasonable attorneys’ fees, resulting from any information you provide or from any violation of this Agreement by you.
Waiver and Release
You hereby release and forever waive any and all claims you may have against 365Health, its affiliates, subsidiaries, officers, directors, employees, agents, associates, representatives, and suppliers for losses or damages you sustain in connection with your use of this website. This waiver may not apply to gross negligence by 365Health or any other claims that cannot be lawfully waived or limited.
Term and Termination
365Health may terminate your right to use this website at any time, with or without cause. You are under no obligation to use or continue to use this website. 365Healthmay terminate, suspend or discontinue any functionality or feature of this website at any time without notice. We will not be liable to you or any third party for any such termination. However, if you have an agreement with 365Health that provides for the operation of such functionality, 365Health will continue employing such functionality subject to the terms and conditions of that agreement.
To the extent there is a conflict between any provision of this Agreement and any present law or regulation contrary to which the parties may not agree, such law or regulation will prevail. However, in such an event, the affected provisions will be limited only to the extent necessary to bring them within the requirements of the law and to otherwise carry out the purposes of this Agreement. By accessing or using this website, you agree that it is intended to be accessed and used only within the United States, Canada and the United Kingdom, and will be construed according to United States law. Any access or use from other locations is subject to your compliance with all applicable local laws, and 365Health will not be held responsible or liable for your use of this website in such other locations. 365Health makes no representation that material on this website is appropriate outside the United States, Canada or the United Kingdom. Information concerning pharmaceutical distribution services applies only to services provided within these countries and is subject to all applicable state and local laws.
This Agreement will all be governed and construed in accordance with the internal laws of the State of California applicable to agreements made and to be performed in California. You agree that any legal action or proceeding between 365Health and you for any purpose concerning this Agreement or the parties’ obligations hereunder will be brought exclusively in a federal or state court of competent jurisdiction sitting in Chatsworth, California, USA.
Any claim or cause of action you may have with respect to this website must be commenced within one (1) year after the claim or cause of action arises, or the claim or cause of action is barred. Any rights not expressly granted herein are reserved to 365Health. 365Health’s failure to insist upon or enforce strict performance of any provision of this Agreement will not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice will act to modify any provision of this Agreement. 365Healthmay assign its rights and duties under this Agreement to any party at any time without notice to you. All provisions of this Agreement will be deemed to be severable. This Agreement and its related documents supersede all prior oral and written representations and agreements, which may have been entered into by the parties to this Agreement that relate to the subject matter of this Agreement. Captions in this Agreement are intended for convenience of reference only. Words used in this Agreement, regardless of the number and gender specifically used, will be construed to include any other number, singular or plural, and any other gender, masculine, feminine, or neuter, as the context requires. This Agreement will benefit, and be binding upon, the successors and assigns of the parties to this Agreement. Neither party to this Agreement will be liable for its failure to perform an obligation under this Agreement if that failure results from any cause, except financial, beyond that party’s reasonable control. Any provision of this Agreement may survive this Agreement’s termination if the provision’s context shows that the parties to this Agreement intended the provision to survive.
21822 Lassen Street, Suite A,
Chatsworth, CA 91311PH: 818-301-2979
365Health may update and modify this Agreement at any time and from time to time, and such updates and modifications will be effective immediately upon posting of the updated/modified Agreement. You agree to review this Agreement periodically to be aware of such updates and modifications, and your continued access or use of this website after any updates and modifications will be deemed your conclusive acceptance of the updated/modified Agreement.