IMPORTANT, PLEASE READ THESE WEBSITE TERMS OF USE CAREFULLY.

Welcome to www.americanprohealthcare.org (the “Site”). AMERICAN ProHealth Care, Inc. and its affiliated AMERICAN ProHealth Care entities, (collectively “the Companies”, “we”, “our” or “us”), provide this Site for your personal use, conditioned on your acceptance of these Website Terms of Use. By accessing and using this Site, you are agreeing to these Website Terms of Use. If you do not agree to these Website Terms of Use, please leave this Site. We reserve the right to change the Website Terms of Use, in our sole discretion, and at any time. If we do so, we will let you know either by posting the modified Website Terms of Use on the Site, or through other communications. By continuing to use this Site after such changes are posted, you agree to be bound by the changes. Because our Site features are evolving over time, we may change or discontinue all or any part of the Site, at any time and without notice, at our sole discretion. Please review our Privacy Policy because it contains important information regarding the collection, use, disclosure, and the protection of information that you provide to us via the Site. Areas of this Site may have different terms or other disclaimers found on pages, applications, or programs. If there is a conflict between the Website Terms of Use and the terms or disclaimer posted for a specific area of this Site, the terms or disclaimer posted for that specific area of this Site shall have precedence with respect to your use of that area of this Site, to the extent that they conflict with or add to these Website Terms of Use. If there is a conflict between the Website Terms of Use and the Privacy Policy, the Privacy Policy shall have precedence with respect to the subject matter covered by it. English is the only language applicable to these Website Terms of Use.

MEDICAL WARNING

This Site has been created by the Companies to provide information about health care and is for general informational purposes regarding health care. The information provided on this Site should never be construed as specific instructions for individual patients. Nothing on this Site is intended to substitute for proper medical advice, diagnosis, or treatment. This Site is not intended, and must not be interpreted as the rendering of medical, nursing, or professional health care advice or services, or the practice of medicine, nursing, or professional health care in any jurisdiction.

Permitted Use of this Site

This Site is only for personal, non-commercial use. Subject to your compliance with these Website Terms of Use, the Companies grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and view, download and print the Content, (as defined below), solely in connection with your permitted use of the Site and solely for your personal and non-commercial purposes. Your use of this Site must be in accordance with all applicable laws. You acknowledge that you do not acquire any ownership rights in this Site or any Content.

Restrictions on Access to and Use of this Site.

We do not allow unauthorized access (i.e. hacking) into this Site. The use of deep-links, page scrapes, web crawlers, web robots, bots, worms, or other such devices, or programs, algorithms or methodologies which do the same things in connection with this Site is prohibited. We reserve all rights in this Site and the Content. Without limiting the foregoing, except as permitted above, you may not:

• Modify, mirror, frame, publish, reproduce, duplicate, translate, recreate, upload, download, post, display, perform, transmit, distribute, assign, license, lease, transfer, sell, use to create derivative works or otherwise exploit this Site or the Content of this Site, (in whole or in part), for any purpose. Your use of this Site does not give you any right to use any of the logos, trademarks, service marks, or other indicators of origin appearing on this Site;

• Use the Site or Content, (including the User Submissions (as defined herein)), or any portion thereof, for any commercial purpose or for the benefit of any third party;

• Access, tamper with, or use non-public areas of the Site, the Companies’ computer systems, or the technical delivery systems of the Companies’ providers;

• Interfere with, or attempt to interfere with, the access of any user, host or network, including without limitation, sending a virus, overloading, flooding, spamming or mail-bombing through the Site; and

• Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Site or Content.

Any use of this Site or its Content, in whole or in part, not expressly permitted by these Website Terms of Use is a breach of this Agreement and may violate copyright, trademark, and other laws.

Copyrights, Trademarks and Other Proprietary Rights

You understand that AMERICAN ProHealth Care and its licensors retain all ownership rights in this Site. All trademarks, service marks and trade names are owned by AMERICAN ProHealth Care or other respective owners. The entire content of this Site, including, but not limited to, text, design, software, photography, video, graphics, sound and information (collectively, the “Content”) and the selection, coordination, arrangement, and enhancement thereof and this Site, are protected under the copyright laws of the United States, international treaties and other intellectual property laws, (including without limitation the copyright in the selection, coordination, arrangement and enhancement of all Content). This Site may contain or reference patents, technologies, products, or other proprietary rights of AMERICAN ProHealth Care, its third party vendors, and other third parties. Nothing on this Site should be construed as conferring by implication, estoppel, or otherwise any license, or right under any trademarks, copyrights, patents, technologies, products, or other proprietary rights of AMERICAN ProHealth Care, any of its third party vendors or other third parties.

User Submissions

Except as otherwise provided in our Privacy Policy, and except as otherwise covered under the Terms of Service, please note that any material, information, ideas, concepts, know-how, techniques, or other communication you transmit to us by any means, (other than personal health information submitted by you to us, which shall be governed by the Terms of Service) (“User Submissions”), will be deemed non-confidential and non-proprietary. We will have no obligation with respect to User Submissions. By making any User Submissions available through the Site, you hereby grant us a non-exclusive, transferable, sub-licensable, worldwide, royalty-free license to use, copy, disclose, distribute, incorporate, modify, publicly display, publicly perform and create derivative works based upon your User Submissions and all data, images, sounds, text, and other things embodied therein only in connection with operating and providing the Site to you. You are solely responsible for all User Submissions. You represent and warrant that you own all your User Submissions or you have all rights that are necessary to grant us the license rights in your User Submissions under these Website Terms of Use. You also represent and warrant that neither your User Submissions, nor your use and provision of your User Submissions to be made available through the Site, nor any use of your User Submissions by us on or through the Site will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

Copyright Policy

The Companies comply with copyright law and expect their users to do the same. It is the Companies’ policy to terminate in appropriate circumstances, Users who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders. Without limiting the foregoing, if you believe that your work has been copied and posted on the Site or the Service in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: your full name, 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 or the Service, including at a minimum, if applicable, the URL of the link shown on the Site or the Service where such material may be found; your address, telephone number, and email address; a written statement by you that you have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use); 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 or the owner of an exclusive right under the copyright that is allegedly infringed. The Companies’ Copyright Agent for notice of claims of copyright infringement can be reached as follows: info@americanprohealthcare.org

Feedback

We welcome feedback, comments and suggestions for improvements to the Site (“Feedback”). You can submit Feedback by emailing us at feedback@americanprohealthcare.org. You grant to us a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sub-licensable and transferable license under any and all intellectual property rights that you own or control to use, copy, modify, create derivative works based upon and otherwise exploit the Feedback for any purpose.

Exclusive Remedy

If you are dissatisfied with this Site (including without limitation these Website Terms of Use), your sole and exclusive remedy is to leave this Site.

LIMITATIONS ON LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER THE COMPANIES NOR APPLICABLE LICENSORS WILL BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM YOUR USE OF, OR INABILITY TO USE, THIS SITE OR CONTENT OR ANY SITE OR CONTENT LINKED FROM THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOST SAVINGS OR LOSS OF PROGRAMS OR OTHER DATA, EVEN IF WE ARE EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF LIABILITY APPLIES TO ALL CAUSES OF ACTION, WHETHER BASED IN CONTRACT, WARRANTY, TORT, OR ANY OTHER LEGAL THEORIES. YOU MAY HAVE OTHER RIGHTS UNDER THE TERMS OF SERVICE IF THEY APPLY TO YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

Dispute Resolution

These Terms and any action related thereto will be governed by the laws of the State of Arkansas without regard to its conflict of law provisions.

Links to or from Third Party Web Sites

In an attempt to provide increased value to the visitors to our Site, this Site may contain links to other sites on the Internet that are owned and operated by third parties (each a “Linked Site”). Such links are provided solely for your convenience as pointers to information that may be useful to you. We are not responsible for the Content, advertising, products, services or other materials made available on or through any Linked Site or for your use of them. Linked Sites are likely to have their own terms of use, and you are responsible for reading them to ensure your own compliance. The Companies shall not be held responsible or liable, directly or indirectly, for any loss or damage caused or alleged to have been caused in connection with a Linked Site.

We do not endorse and are not responsible for the information and security practices or privacy policies of web sites operated by others that may be linked to or from this Site. No web sites that link to this Site may frame or otherwise incorporate the Content on this Site.

Termination

We may terminate your access to and use to the Site, at our sole discretion, at any time and without any notice to you.

Waiver and Severability

The failure of the Companies to exercise or enforce any right or provision of these Website Terms of Use shall not constitute a waiver of such right or provision. If for any reason a court of competent jurisdiction or an arbitrator finds any provision of these Website Terms of Use invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Website Terms of Use will remain in full force and effect.

Assignment

The Companies may freely assign or transfer these Website Terms of Use without restriction. Subject to the foregoing, these Website Terms of Use will bind and inure to the benefit of the parties, their successor and permitted assigns.

Violations

Please report any violations of these Website Terms of Use to info@americanprohealthcare.org

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