PLEASE READ THESE TERMS
AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE.
- GENERAL TERMS AND
CONDITIONS
By
using this website (the “Site”), you are agreeing to comply with
and be bound by this Terms of Use Agreement (the “Agreement”).
You acknowledge and agree that your use of the Site has the same
effect as manually signing a contract and creates a valid, binding
contract between you and Healthy and Fit Communities, L.L.C. If you do not agree to
all of the terms of this Agreement, you should proceed no further and
obtain no products or services through the Site or submit any
information to the Site.
Foundation HealthCare Network, L.L.C.
may modify this Agreement at any time. Any
modifications to this Agreement will be effective immediately upon
posting on this Site. You agree to review the Agreement posted on
the Site each time you use the Site so that you are aware of any
modifications made to this Agreement. Your continued usage of the
Site will you mean you accept those changes. For your convenience
and future reference, the date of the version of this Agreement is
listed below. You can print the version of the Agreement that you
reviewed and approved, and compare it to the version in effect when
you use our Site in the future to determine what, if any, changes
have been made.
Healthy and Fit Communities, L.L.C. reserves the right, in its sole discretion, to
terminate your access to the Site at anytime and without notice.
THE SITE DOES NOT
PROVIDE MEDICAL ADVICE
The
contents of the Site (the “Content”) are for informational
purposes only. This Site and its services do not constitute the
practice of any medical, nursing or other professional health care
advice, diagnosis or treatment. Always seek the advice of your
physician or other qualified health provider with any questions you
may have regarding a medical condition, diagnosis or treatment.
Never disregard professional medical advice or delay in seeking it
because of something you have read on this Site. Reliance on any
information provided on this Site is solely at your own risk.
WARRANTIES AND
LIMITATIONS OF LIABILITY
The
use of the Site, the Content and User Content is at your own risk.
Healthy and Fit Communities, L.L.C. DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES,
REPRESENTATIONS OR ENDORSEMENTS OF ANY KIND WHATSOEVER (INCLUDING
WITHOUT LIMITATION, WARRANTIES OF TITLE OR NONINFRINGEMENT, OR ANY
WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE)
WITH REGARD TO THIS SITE, OR WITH RESPECT TO ANY INFORMATION,
PRODUCT, SERVICE OR OTHER MATERIAL PROVIDED ON OR THROUGH THE SITE.
Healthy and Fit Communities, L.L.C. DOES NOT WARRANT OR GUARANTEE THE ACCURACY,
COMPLETENESS, CORRECTNESS, TIMELINESS OR USEFULNESS OF ANY
INFORMATION, PRODUCTS, SERVICES OR OTHER MATERIAL PROVIDED THROUGH
THIS SITE OR ON THE INTERNET GENERALLY.
Foundation HealthCare Network, L.L.C. IS NOT LIABLE TO ANY USER OR ANYONE ELSE FOR ANY
DECISION MADE OR ACTION TAKEN BY OR BASED ON RELIANCE UPON THE
INFORMATION CONTAINED ON OR PROVIDED THROUGH THIS SITE.
When
using this Site, information will be transmitted over a medium that
may be beyond the control and jurisdiction of Healthy and Fit Communities, L.L.C.
Accordingly, Healthy and Fit Communities, L.L.C. assumes no liability for or relating
to the delay, failure, interruption, or corruption of any data or
other information transmitted in connection with use of this Site.
IF
YOU ARE DISSATISFIED WITH ANY PORTION OF THIS SITE OR WITH ANY OF
THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING
THE SITE AND ANY SERVICES OR PROGRAMS PROVIDED THROUGH THIS SITE. IN
NO EVENT SHALL Healthy and Fit Communities, L.L.C. BE LIABLE FOR any DAMAGES
Including indirect, exemplary, SPECIAL, incidental, or consequential
damages, losses or expenses arising out of or otherwise relating to
this site, however caused, even if Healthy and Fit Communities, L.L.C. has been
advised of the possibility or likelihood of such damages. Because
some states and jurisdictions do not allow the exclusion or
limitation of liability, the above limitation may not apply to you.
In such states and jurisdictions, Healthy and Fit Communities, L.L.C. liability shall
be limited to the greatest extent permitted by law.
USER SUBMISSIONS
The
personal information you submit to this Site is governed by the
Privacy Policy of Healthy and Fit Communities, L.L.C.
. To the extent there is an inconsistency
between this Agreement and the Privacy Policy of Healthy and Fit Communities, L.L.C.
, this Agreement shall govern.
Healthy and Fit Communities, L.L.C.
collects personal information that you choose to
share with us. The information may include your name, address, email
address, telephone number, height and weight.
PRIVACY POLICY
The
Privacy Policy of Healthy and Fit Communities, L.L.C., as it may change from time to
time, is incorporated as a part of this Agreement.
PASSWORDS
OKC
Million has several tools that allow you to record and store
information. You are responsible for taking all reasonable steps to
ensure that no unauthorized person shall have access to your OKC
Million passwords or accounts. It is your sole responsibility to (1)
control the dissemination and use of passwords; (2) authorize,
monitor, and control access to and use of your OKC Million account
and password; (3) promptly inform Healthy and Fit Communities, L.L.C. of any need to
deactivate a password. You grant Healthy and Fit Communities, L.L.C. and all other
persons or entities involved in the operation of the Site the right
to transmit, monitor, retrieve, store, and use your information in
connection with the operation of the Site. Healthy and Fit Communities, L.L.C. cannot
and does not assume any responsibility or liability for any
information you submit, or your or third parties’ use or misuse of
information transmitted or received using OKC Million tools and
services.
PROPRIETARY RIGHTS
All
Content, organization, graphics, design, compilation, magnetic
translation, digital conversion and other matters related to or
included on the Site are protected under applicable copyrights,
trademarks, patent or other proprietary (including but not limited to
intellectual property) rights. Healthy and Fit Communities, L.L.C. authorizes you to
view or download a single copy of the Content solely for your
personal, noncommercial use if you include the following copyright
notice: “©Healthy and Fit Communities, L.L.C. 2008, All Rights Reserved” and
other copyright and proprietary rights notices that are contained in
the Content. The copying, modifying, distributing, transmitting,
displaying, selling, licensing, using, publishing or creating
derivative works by you of any such matters or any part of the Site,
except as expressly allowed by the Agreement, is strictly prohibited
without prior written permission from Healthy and Fit Communities, L.L.C. You do
not acquire ownership rights to any Content or other materials viewed
through the Site. The posting of information or materials on the
Site does not constitute a waiver of any right in such information
and materials.
USER CONTENT
Any
user-generated exchanges of information, including any content that
you exchange, share, send or otherwise make available through this
Site (“User Content”) is your responsibility and Healthy and Fit Communities, L.L.C.
assumes no liability or responsibility for such User Content.
As the user of this Site, you acknowledge that any community-oriented
functionality of this Site is inherently intended to provide users
with the opportunity to share and provide information that you
voluntarily provide and desire to make public. Healthy and Fit Communities, L.L.C.
does not make any representations or guarantees of confidentiality or
privacy and accepts no responsibility for User Content and other
information provided by users of this Site.
In
addition, Healthy and Fit Communities, L.L.C. does not control the User Content
posted via this Site and, as such, does not guarantee the accuracy,
integrity or quality of such User Content. Under no circumstances
will Healthy and Fit Communities, L.L.C. be liable in any way for any User Content,
or for any loss or damage of any kind incurred as a result of the use
of any User Content posted, emailed, transmitted or otherwise made
available via this Site.
Healthy and Fit Communities, L.L.C.
expressly states and you acknowledge and understand
that this Site is not accepting any responsibility for monitoring or
policing the exchange of User Content. However, as the provider of
this Site, Healthy and Fit Communities, L.L.C. reserves the right to monitor, delete,
edit, view, store, forward, and use any and all information and
content provided.
You
agree not to use this Site to:
submit materials
that are protected by copyright, patent or any other proprietary
rights unless you are the owners of such material or have license
or permission from the owner of any such proprietary rights to
provide the material;
upload, post,
email, transmit or otherwise make available any User Content that
is unlawful, harmful, threatening, abusive, harassing, defaming,
vulgar, obscene, libelous, invasive of another’s privacy or
otherwise objectionable;
harm minors in
any way;
impersonate any
person or entity;
upload, post,
email, transmit or otherwise make available any User Content that
you do not have a right to make available under any law or under
contractual or fiduciary relationships;
upload, post,
email, transmit or otherwise make available any material that
contains software, viruses or any other computer code, files or
programs designed to interrupt, destroy or limit the functionality
of any computer software or hardware or telecommunications
equipment; or
upload, post,
email, transmit or otherwise make available any material that
contains any unsolicited or unauthorized advertising or promotional
materials.
You
acknowledge that Healthy and Fit Communities, L.L.C. does not pre-screen User
Content, but that Healthy and Fit Communities, L.L.C. shall have the right (but not
the obligation) in its sole discretion to refuse or move any User
Content that is available via this Site. Healthy and Fit Communities, L.L.C. shall
have the right to remove any User Content that violates the terms of
use or is otherwise objectionable.
TRADEMARKS/SERVICE
MARKS
Product and company names may be mentioned on
the Site from time to time which may be trademarks or service marks
of their respective owners. These trademarks and/or service marks
may not be reproduced without the express written consent of the
respective trademark or service mark owner.
NONTRANSFERABLE
Your
right to use the Site is not transferable. Any password or right
given to you to obtain information or purchase products or services
is not transferable.
LINKS TO OTHER
SITES
Healthy and Fit Communities, L.L.C.
may provide links to third-party websites. Healthy and Fit Communities, L.L.C.
is not responsible for the content of linked
third-party sites and does not make any representations regarding
their content or accuracy. Your use of third-party websites is at
your own risk and subject to the terms and conditions of use for such
sites.
INDEMNITY
You
agree to defend, indemnify, and hold Healthy and Fit Communities, L.L.C., its
affiliates, officers, directors, employees, agents, licensors, and
suppliers, harmless from and against any claims, actions or demands,
liabilities and settlements including without limitation, reasonable
legal and accounting fees, resulting from, or alleged to result from,
your violation of this Agreement or your User Content.
JURISDICTION
You
expressly agree that exclusive jurisdiction for any dispute with Healthy and Fit Communities, L.L.C.
, or in any way relating to your use of this Site,
resides in the courts of the State of Oklahoma and you further agree
and expressly consent to the exercise of personal jurisdiction in the
courts of the State of Oklahoma in connection with any such dispute
including any claim involving Healthy and Fit Communities, L.L.C. or its affiliates,
subsidiaries, employees, contractors, officers, directors,
telecommunication providers, and content providers. This Agreement
is governed by the internal substantive laws of the State of
Oklahoma, without respect to its conflict of laws principles.
MISCELLANEOUS
If
any provision of this Agreement is found to be invalid by any court
having competent jurisdiction, the invalidity of such provision shall
not affect the validity of the remaining provisions of this
Agreement, which shall remain in full force and effect. No waiver of
any term of this Agreement shall be deemed a further or continuing
waiver of such term or any other term.
CONTACT
INFORMATION
If
you have any questions or comments about this Site, please contact us
at info@OKCMillion.com.
December
2007