| Your use of this World Wide Web site (the “Web Site”) is subject to the following terms and conditions of use (the “Terms”). You agree to the Terms by accessing this Web Site or accepting the information from this Web Site. Healthpoint Ltd. (“Healthpoint”) reserves the right in its sole discretion to change the Terms at any time for any reason without notifying anyone. Your continued use of this Web Site after any changes in the Terms shall constitute your acceptance to be bound by any such changes. The information and features included in this Web Site, including, but not limited to trademarks, service marks, and copyrights (the “Content”) have been compiled from a variety of sources, are for informational purposes only, and are subject to change at any time without notice. Healthpoint will use reasonable efforts to include accurate and up-to-date Content. However, Healthpoint makes no representations, warranties or assurances as to the availability, accuracy, or completeness of the Content. By using or linking to this Web Site, you assume the risk that the Content on this Web Site may be incomplete, inaccurate, out of date, or may not meet your needs and requirements. Copyright and Trademark Information/Restrictions on Use of Web Site The trademarks, logos, and service marks (collectively, the “Trademarks”) displayed on the Web Site, are registered and unregistered Trademarks of Healthpoint, its affiliates, its licensors, and others. Nothing contained on the Web Site should be construed as granting, by implication, estoppel or otherwise any license or right to use any Trademark or copyrightable material displayed on the Web Site without the express written consent of Healthpoint or such third party that may own the Trademarks or copyrightable material displayed on the Web Site. Your misuse of the Trademarks or copyrightable material displayed on the Web Site, or any other Content on the Web Site except as provided in these terms, is strictly prohibited. You are also advised that Healthpoint will aggressively enforce its intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution. Authorization Nothing in these Terms shall be interrupted as conferring by implication, estoppel, or otherwise any license or right under any patent, copyright, trademark, or other intellectual property right of Healthpoint or any third party, except upon the express written consent of Healthpoint. Changes in Service Disclaimers/Limitations on Liability The Internet may be subject to breaches of security. Healthpoint is not responsible for any resulting damage to any user’s computer from any such security breach, or from any virus, bugs, tampering, unauthorized intervention, fraud, error, omission, interruption, deletion, defect, delay in operation or transmission, computer line failure or any other technical or other malfunction. Healthpoint makes no representation or warranty whatoever regarding the suitability, functionality, availability, or operation of this Web Site. Healthpoint is not responsible for the content or performance of any portion of the Internet including other World Wide Web sites to which this Web Site may be linked or from which this Web Site may be accessed. Users are requested to inform Healthpoint of any errors or inappropriate material found on sites to which this Web Site is or may be linked. Healthpoint reserves the right, in its sole discretion, to terminate a link with any Web Site which it deems inappropriate or inconsistent with this Web Site. HEALTHPOINT SPECIFICALLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT WITH RESPECT TO THIS WEB SITE AND THE INFORMATION AND OTHER MATERIALS CONTAINED THEREON. IN NO EVENT WILL HEALTHPOINT BE LIABLE TO YOU FOR DAMAGES OF ANY KIND INCLUDING WITHOUT LIMITATION ANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES RESULTING FROM OR IN CONNECTION WITH THIS WEB SITE, ITS CONTENT, OR ANY ERRORS OR OMISSIONS IN ITS TECHNICAL OPERATION OR ITS CONTENT, EVEN IF HEALTHPOINT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. General Provisions Healthpoint may deny or terminate the permission granted under these Terms at any time for any reason without giving you notice. Access to this Web Site may be monitored. The requesting URL, the machine originating the request, and the time of the request may be logged for access statistics and security purposes. Use of this Web Site constitutes consent to such monitoring and Healthpoint’s reuse of such collected information. By using this Web Site, you agree to indemnify, hold harmless and defend Healthpoint from any claims, damages, losses, liabilities, and all costs and expenses of defense, including but not limited to attorneys’ fees, resulting directly or indirectly from a claim by a third party that is based on your use of this Web Site in violation of these terms. Any communications you send to this site or otherwise to Healthpoint are on a non-confidential basis, and Healthpoint is under no obligation to refrain from reproducing, publishing, or otherwise using them in any way or for any purpose. Healthpoint shall be free to use the content of any such communications, including any ideas, inventions, concepts, techniques or know-how disclosed therein, for any purpose including developing, manufacturing and/or marketing goods or services. These terms shall be construed and enforced in accordance with the laws of the State of Texas, without regard to its conflict of laws principals. Any cause of action with respect to the Terms and/or use of the Web Site must be filed in Texas within one (1) year after the occurrence of the facts giving rise to the cause of action, otherwise the cause shall be barred.
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