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User Agreement

 

myEHC.media

Last updated: 28 August 2020

Acceptance of Terms and Conditions
Welcome to myEHC.media or its related mobile properties, including relevant applications (collectively, this “Website”). This Website is designed for the following purposes:

  • As a search engine for a) health information; b) knowledge relating to health; and c) health services providers.

  • As a platform for posting comments on health-related issues.

  • As a platform for interactive health forums.

 

In consideration of myEHC.media providing you limited rights of use and access to the Website or online services where this Website is posted and any products or services available on the Website, you agree to the following terms and conditions of this myEHC.media Website User Agreement (hereinafter “Agreement”). The term “you” in this Agreement refers to the user (including members, customers, and viewers) visiting the Website and/or contributing content on this Website.

By accessing or using this Website in any manner, you agree to be bound by this Agreement and represent that you have read and understood its terms. PLEASE READ THIS AGREEMENT CAREFULLY BEFORE USING THIS WEBSITE AS IT CONTAINS INFORMATION CONCERNING YOUR LEGAL RIGHTS AND LIMITATIONS ON THESE RIGHTS. IF YOU DO NOT UNDERSTAND THE TERMS IN THIS AGREEMENT, PLEASE CONSULT A LAWYER FOR CLARIFICATION BEFORE ACCESSING OR USING THIS WEBSITE. IF YOU DO NOT ACCEPT THE TERMS AND CONDITIONS STATED IN THIS AGREEMENT, PLEASE DO NOT USE THIS WEBSITE.

 

YOU MAY ALSO AGREE TO THIS AGREEMENT ELECTRONICALLY, WHICH MAY INCLUDE, WITHOUT LIMITATION, CLICKING ON AN “AGREE” OR SIMILAR BUTTON OR CHECKING A BOX THAT IS NEXT TO OR NEAR A LINK TO THIS AGREEMENT.

USE OF THIS WEBSITE
You understand that, except for information, products, or services clearly identified as being supplied by us, we do not operate or endorse any information, products, or services on the Website in any way. Except for myEHC.media identified information, products, and services, all information, products, and services offered through this Website are generally offered by third parties that are not affiliated with myEHC.media.

You also understand that we cannot and do not guarantee or warrant that files and software available for downloading through this Website will be free of infection or viruses, worms, Trojan horses, 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.

By registering as a myEHC.media member, you may have the opportunity to post, screen, transmit, publish, or otherwise provide ideas, remarks, questions, data, photographs, videos, comments, suggestions, opinions, customizations, information, or the like on this Website (collectively “User Generated Content”). You acknowledge and agree that User Generated Content is non-confidential and non-proprietary. As a condition of your use of this Website, you warrant that (i) all User Generated Content supplied by you on this Website shall not be obscene or indecent; (ii) shall not contain any hazards; (iii) shall not infringe any third party’s intellectual property rights or other proprietary rights or rights of privacy; (iv) shall not be defamatory and libelous; (v) shall not create any liability for us; and (vi) if you have a myEHC.media account, you will safeguard your account information and will supervise and be completely responsible for any use of your account by anyone other than you.

Please be aware that by submitting User Generated Content to this Website, you grant us a nonexclusive, royalty-free, perpetual, transferable, irrevocable, and fully sublicensable right to (a) use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from, and publicly display and perform such User Generated Content throughout the world in any media, now known or hereafter devised, for any purpose; and (b) use the name that you submit in connection with such User Generated Content. You acknowledge that we may choose to provide attribution of your comments or reviews at our discretion. You further grant us the right to pursue at law any person or entity that violates your or myEHC.media's rights in the User Generated Content by a breach of this Agreement.

This Website may include interactive features, including, but not limited to, discussion forums, bulletin boards, review services, and any other forums that allow for uploading of User Generated Content (collectively “Interactive Areas”). If we provide such Interactive Areas, you are solely responsible for your use of such Interactive Areas and use them at your own risk.

We take no responsibility and assume no liability for any User Generated Content posted, stored, transmitted, or uploaded by you or any third party, or for any loss or damage thereto, nor are we liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography, or profanity you may encounter. We shall have the right, but no obligation, to screen, edit, or monitor any of the User Generated Content posted to or distributed through the Interactive Areas or other portions of this Website. We reserve the right to disclose any information we believe necessary to satisfy any law, regulation, or governmental request, and have absolute discretion to remove, screen, translate, or edit without notice any User Generated Content posted or stored on this Website at any time and for any reason. You are solely responsible for creating backup copies of and replacing any User Generated Content you provide to us or store on this Website at your sole cost and expense.

If it is determined that you retain moral rights (including rights of attribution or integrity) in your User Generated Content, you hereby declare that (a) you do not require that any personally identifying information be used in connection with your User Generated Content, or any derivative works of or upgrades or updates thereto; (b) you have no objection to the publication, use, modification, deletion, and exploitation of your User Generated Content by myEHC.media or its licensees, successors, and assigns; (c) you forever waive and agree not to claim or assert any entitlement to any and all moral rights of an author in any of your User Generated Content; and (d) you forever release myEHC.media, and its licensees, successors, and assigns, from any claims that you could otherwise assert against myEHC.media by virtue of any such moral rights.

Any use of the Interactive Areas or other portions of this Website in violation of the foregoing violates the terms of this Agreement and may result in, among other things, termination or suspension of your rights to use the Interactive Areas and/or this Website.

We retain the right at our sole discretion to deny access to anyone to this Website and the services we offer, at any time and for any reason, including, but not limited to, for violation of this Agreement. By using our Website and services, including any myEHC.media products or services that facilitate the sharing of content from third-party sites, you understand that you are solely responsible for all your User Generated Content that you share with us.

OWNERSHIP OF THIS WEBSITE AND INTELLECTUAL PROPERTY RIGHTS
This Website is expressly owned and operated by myEHC.media. Unless otherwise noted, all contents on this Website (including, but not limited to, messages, data, information, text, music, sound, photos, graphics, video, maps, icons, software, code, or other material, collectively “myEHC.media Content”) as well as the infrastructure used to provide such content, are owned by myEHC.media or are licensed from third-party service providers by myEHC.media. This Website, as a whole and in part, is protected by copyright, trademark, tradename, and other intellectual property and proprietary rights, and all other applicable rights are reserved.

Unless otherwise provided through any other applicable terms and conditions to which you agree, you agree not to modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any myEHC.media Content obtained from or through this Website.

Certain content and information on this Website may be licensed from third parties (hereinafter “Third Party License Content”) and all such Third Party License Content and proprietary rights related to such Third Party License Content belong to the respective third party.

You may not remove any copyright, trademark, or other intellectual property or proprietary notice or legend contained on this Website or the Third Party License Content, and you must retain all copyright, trademark, and other proprietary notices contained on this Website or in the original Third Party License Content on any authorized copy you make of this Website or the Third Party License Content.

If you are aware of an infringement of either your right or our right, please let us know by e-mailing us at [cs@myEHC.media] together with your supporting evidence.

PRIVACY POLICY
Please review our online Privacy Policy, which is part of this Agreement and describes how we collect and use your personal information. By providing such information, you hereby acknowledge and agree to our treatment of such information as described in the online Privacy Policy.

DEALINGS WITH THIRD PARTIES
We offer you the ability to search for, select, and engage third parties to provide you medical services or health-related services through this Website.

We are not an agent of any third party except otherwise specified in writing. Although we display information about services and products provided by third parties on this Website, such actions do not imply, suggest, or constitute our sponsorship or approval of such third party, or any affiliation between us and such third party. Although myEHC.media members may rate and review particular properties based on their own experiences, we do not endorse or recommend the products or services of any third party. You agree that we are not responsible for the accuracy or completeness of information obtained from third parties and displayed on our sites or apps.

AS A USER OF THIS WEBSITE, YOU UNDERSTAND AND AGREE THAT: (1) YOUR PARTICIPATION, CORRESPONDENCE, OR BUSINESS DEALINGS WITH ANY THIRD PARTY FOUND ON OR THROUGH THIS WEBSITE, REGARDING THE PAYMENT AND DELIVERY OF RELATED GOODS OR SERVICES, AND ANY OTHER TERMS, CONDITIONS, WARRANTIES, OR REPRESENTATIONS ASSOCIATED WITH SUCH DEALINGS, ARE SOLELY BETWEEN YOU AND SUCH THIRD PARTY; AND (2) NEITHER myEHC.media NOR ITS AFFILIATES WILL HAVE ANY LIABILITY TO YOU OR OTHERS FOR ANY TRANSACTIONS MADE USING THIS WEBSITE WITH ANY THIRD PARTIES.

LINKS TO THIRD-PARTY SITES
Any other websites that are accessible via links on this Website are not under the control of myEHC.media. Such hyperlinks are provided merely for your convenience and reference. You acknowledge and agree that we shall have no responsibility for their contents, products, or other materials on or available from such websites. Our inclusion of hyperlinks to such websites does not imply any endorsement of any products or services on such websites or any association with their operators. If you decide to access any of such websites linked to this Website, you do so entirely at your own risk. Under no circumstances will we be held responsible or liable, directly or indirectly, for any loss or damage that is caused or alleged to have been caused to you in connection with your use of, or reliance on, any content, goods, or services available on any other website.

LIMITATION OF LIABILITY
THE myEHC.media CONTENT AND THIRD PARTY LICENSE CONTENT PUBLISHED ON THIS WEBSITE MAY CONTAIN INACCURACIES, ERRORS, OMISSIONS, OR MAY BE OUT OF DATE.

WE MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE myEHC.media CONTENT, THIRD PARTY LICENSE CONTENT, SOFTWARE, PRODUCTS, AND SERVICES CONTAINED ON THIS WEBSITE FOR ANY PURPOSE, AND THE INCLUSION OR OFFERING OF ANY PRODUCTS OR SERVICES ON THIS WEBSITE DOES NOT CONSTITUTE ANY ENDORSEMENT OR RECOMMENDATION OF SUCH PRODUCTS OR SERVICES BY myEHC.media. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. WE DISCLAIM ALL WARRANTIES AND CONDITIONS THAT THIS WEBSITE, ITS SERVERS, OR ANY EMAIL SENT FROM US, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW, WE HEREBY EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS myEHC.media CONTENT, THIRD PARTY LICENSE CONTENT, SOFTWARE, PRODUCTS, AND SERVICES, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT.

THE THIRD PARTIES PROVIDING USER GENERATED CONTENT, MEDICAL, OR OTHER SERVICES ON THIS WEBSITE ARE INDEPENDENT CONTRACTORS AND NOT AGENTS OR EMPLOYEES OF myEHC.media. WE ARE NOT LIABLE FOR THE ACTS, ERRORS, OMISSIONS, REPRESENTATIONS, WARRANTIES, BREACHES, OR NEGLIGENCE OF ANY SUCH THIRD PARTY OR FOR ANY PERSONAL INJURIES, DEATH, PROPERTY DAMAGE, OR OTHER DAMAGES OR EXPENSES RESULTING THEREFROM.

IN NO EVENT WILL myEHC.media BE LIABLE FOR (I) ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE) ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, YOUR ACCESS TO, DISPLAY OF, OR USE OF THIS WEBSITE OR WITH THE DELAY OR INABILITY TO ACCESS, DISPLAY, OR USE THIS WEBSITE (INCLUDING, BUT NOT LIMITED TO, YOUR RELIANCE UPON REVIEWS AND OPINIONS APPEARING ON THIS WEBSITE; ANY COMPUTER VIRUSES, INFORMATION, SOFTWARE, LINKED SITES, PRODUCTS, AND SERVICES OBTAINED THROUGH THIS WEBSITE (INCLUDING, BUT NOT LIMITED TO ANY myEHC.media PRODUCT); EVEN IF myEHC.media HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SERVICE AND/OR MATERIALS OR INFORMATION DOWNLOADED THROUGH THIS WEBSITE.

IF WE ARE FOUND LIABLE FOR ANY LOSS OR DAMAGE THAT ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH YOUR USE OF THIS WEBSITE OR OUR SERVICES, THEN OUR LIABILITIES WILL IN NO EVENT EXCEED, IN THE AGGREGATE, THE GREATER OF THE TRANSACTION FEES PAID TO US FOR THE TRANSACTION ON THIS WEBSITE GIVING RISE TO THE CLAIM.

INDEMNIFICATION
You agree to defend and indemnify myEHC.media and any of its officers, directors, employees, agents, and licensors from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties, or other costs or expenses of any kind or nature (including but not limited to reasonable attorney’s fees) resulting from (i) your breach of any provision of this Agreement, (ii) your use, misuse, or abuse of this Website or any information contained in this Website, or (iii) your violation of any law or the rights of a third party. You will cooperate as fully as reasonably required in our defense of any claim. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you shall not in any event settle any matter without our written consent.

JURISDICTION AND GOVERNING LAW
This Website is operated by a Hong Kong entity, and this Agreement is governed by the laws of the Hong Kong Special Administrative Region applicable to contracts made and performed there without regard to its conflicts of law principles. You agree that any action based on or alleging a breach of this Agreement must be brought to the exclusive jurisdiction and venue of courts in Hong Kong. You hereby consent to and stipulate to the fairness and convenience of proceedings in such courts for all disputes arising out of or relating to the use of this Website.

GENERAL PROVISIONS
You agree that no joint venture, agency, partnership, or employment relationship exists between you and myEHC.media as a result of this Agreement or use of this Website.

In the event that one or more provisions of this Agreement shall, for any reason, be held to be invalid, illegal, or unenforceable in any respect, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remaining provisions in the Agreement shall continue in effect.

The headings used throughout this Agreement are solely for the convenience of reference and are not to be used as an aid in the interpretation of this Agreement.

Any delay or failure by you or us, at any time or times, to require performance of any provision of this Agreement shall in no manner affect your or our right at a later time to enforce such provision. No delay or failure of you or us in exercising any right hereunder shall constitute a waiver of such right or any other rights hereunder.

This Agreement and any other documents expressly incorporated by reference constitute the entire agreement between you and us with respect to this Website and supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between the user and myEHC.media with respect to this Website. We may change or otherwise modify this Agreement in the future, and you understand and agree that your continued access or use of this Website after such change signifies your acceptance of the updated or modified Agreement. We will note the date that revisions were last made to the Agreement at the top of this page, and any revisions will take effect upon posting. We will notify our members of material changes to these terms and conditions by either sending a notice to the email address provided to us at registration or by placing a notice on our Website. Be sure to return to this page periodically to review the most current version of the Agreement.

Any rights not expressly granted herein are reserved.

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