PLEASE READ THESE TERMS OF USE CAREFULLY
THEY CONTROL USE OF THE HOPE HEALTH WEBSITE

Hope Health is the publisher of Hope Health publications in electronic and print format.  Hope Health also maintains its web site and all the information, communications, photos, text, graphics, sounds, images and other materials and services found on the Site (collectively "Content") for the use by its customers for personal entertainment, information, education and communication.  Certain areas of the site are public, while other areas or publications may require a subscription.  Access to the non-public areas of the Site and/or subscriptions to the Hope Health electronic publications are subject to the terms and conditions set forth herein and in the written Subscription Agreement.

ACCEPTANCE OF CONTRACT TERMS; JURISDICTION

In exchange for accessing, browsing and/or using the Site, and/or subscribing to Hope Health electronic publications, you agree to be bound by these terms and to comply with all applicable laws and regulations. The Site is controlled by Hope Health from its offices within the United States. BY ACCESSING THE SITE YOU AGREE THAT THE STATUTES AND LAWS OF THE UNITED STATES AND THE STATE OF MICHIGAN, U.S.A., WITHOUT REGARD TO CONFLICTS OF LAWS PRINCIPLES, WILL APPLY TO ALL MATTERS RELATING TO USE OF THE SITE, AND YOU AGREE THAT ANY LITIGATION SHALL BE SUBJECT TO THE EXCLUSIVE JURISDICTION OF THE STATE OR FEDERAL COURTS IN WESTERN DISTRICT OF MICHIGAN, U.S.A. Those who access the Site from other locations do so at their own risk and are responsible for compliance with applicable local laws.

RESTRICTIONS ON USE OF CONTENT

You are granted permission to access the Content from the Site and electronic publications only for purposes of viewing and browsing the Site and the publication. You may download and print material displayed on the Site for non-commercial and personal use only. You may not distribute, modify, transmit, reuse, incorporate into another web site, reproduce the Site (whether by linking, framing or any other method), exploit the Content, in whole or in part, or use the Contents of the Site for public or commercial purposes; excepting, use of content identified on the Site as “free content,” which use is subject to the Hope Health Free Content Policy.

In the event you are a subscriber to a Hope Health electronic publication, Hope Health agrees to provide to Customer, in consideration for payment of the applicable subscription fee, the selected Hope Health Publication in PDF format, viewable with Adobe Acrobat, on a frequency selected by the Customer.  By either accepting the terms of the Subscription Agreement electronically, or utilizing the Hope Health Publication, Customer agrees to be bound by the terms and conditions set forth herein. 

By acceptance and use of the electronic Hope Health publications, Customer agrees that the Hope Health Publication is created solely by Hope Health and the Hope Heart Institute and all trademarks, copyrights and other proprietary rights are owned exclusively by Hope Health and the Hope Heart Institute, except as identified in the publication.  Customer retains all rights in Customer’s trademarks or Trade names which are incorporated into any customized publication.

A customer who receives an electronic subscription of a Hope Health Publication does not acquire title or ownership of the Hope Health Publication but only a limited right of use of the Hope Health Publication to distribute the electronic version of the subscribed publication only to its employees, members or patients and not to re-distribute, display or provide copies (in electronic or print format) to third parties. The electronic version may be display on Customer’s website so long as access is limited and secured from public display, except by employees, members or patients, by use of confidential usernames and passwords. All uses of the Hope Health Publication subscribed to shall inure to the benefit of the Hope Health and the Hope Heart Institute.  Customer acknowledges the Hope Health Publication constitutes commercially valuable, proprietary property of Hope Health, the design and development of which reflect the effort of skilled experts and artists and the investment of considerable time and money.  Customer further acknowledges that and agrees that any distribution, copying or modification of the Hope Health Publication (in print or electronic format), or any part thereof, not expressly authorized by this Agreement is strictly forbidden.  Hope Health and The Hope Heart Institute have reserved all copyrights in any text or graphic designs, including the trade dress, of the Hope Health Publications.  Customer agrees not to disseminate, display or furnish to others, including unauthorized branch offices, affiliates, or other worksites not approved in writing by Hope Health, the electronic Hope Health Letter or other Hope Health electronically subscribed publication, without consent of Hope Health.

Except those matters which are governed by Federal statutes or Federal common law, this Agreement shall be construed and interpreted in accordance with the laws of the State of Michigan.

ELECTRONIC SIGNATURE OR ACCEPTANCE.

Customer agrees that by indicating his or her assent to the terms of this Agreement electronically via e-mail or by “click” on agreement, or transmitting an executed copy to Hope Health (by facsimile transmission or e-mail), Customer intends to be bound as permitted under the Michigan Uniform Electronic Transactions Act of 2000 and the Federal Electronic Signatures in Global and National Commerce Act as if this Agreement contained the original signature of the Customer.  Acceptance and use of the Hope Health Publications is also assent to the terms of this Agreement.

NO ASSIGNMENT, TRANSFER, OR SUBLICENSE.  Customer agrees not to assign, sublicense, transfer, pledge, lease, rent or share the Hope Health Electronic Publication with third parties, except as specifically agreed upon in this Agreement.  Customer is not authorized to copy and re-distribute its electronic Hope Health Publication to third parties, except as specifically permitted herein.

TRADEMARKS AND SERVICE MARKS

The trademarks, service marks and logos (collectively "Trademarks") displayed on the Site, are registered and unregistered Trademarks of Hope Health and its associated companies. Nothing contained on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark without the prior written permission of Hope Health.  No Hope Health Trademark may be used as a hyper-link without prior written permission.

SUBMISSIONS OF INFORMATION

Any information you send to Hope Health and its associated companies will be deemed to be NOT confidential. For any information sent, you grant Hope Health and its associated companies an unrestricted and royalty-free, irrevocable license to use, reproduce, display, modify, transmit and distribute the information, and agree that Hope Health is free to use any ideas, concepts, or techniques for any purpose, including but not limited to developing, manufacturing, and marketing products using such information.

DISCLAIMER OF WARRANTY

HOPE HEALTH DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE, VALIDITY, ACCURACY, OR RELIABILITY OF, OR THE RESULTS OF THE USE OF, OR OTHERWISE RESPECTING, THE CONTENT OF THE SITE OR ANY OTHER WEB SITES LINKED TO OR FROM THE SITE. THE CONTENT OF THE SITE IS PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT POSSIBLE PURSUANT TO APPLICABLE LAW, HOPE HEALTH DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR OTHER VIOLATION OF RIGHTS.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR LIMITATION ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY.

LIMITATION OF LIABILITY

HOPE HEALTH WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING OUT OF OR RELATING TO THE USE OR THE INABILITY TO USE THE SITE, ITS CONTENT OR LINKS, INCLUDING, BUT NOT LIMITED TO, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSIONS MAY NOT APPLY.

LINKS TO THIRD PARTY WEB SITES

Hope Health makes no representations whatsoever about any other web sites which you may access through the Site. When you access a non-Hope Health web site, understand that it is independent from Hope Health, and that Hope Health has no control over the content on that web site. You browse the Site and other web sites at your own risk. Hope Health assumes no responsibility and shall not be liable for any damage a virus or other items of a destructive nature that might infect your computer equipment/software.

REVISIONS

Hope Health may at any time revise this Web Site Terms of Use by updating this posting. By using the Site, you agree to be bound by any such revisions and you agree to periodically visit this page to determine the then current Terms of Use to which you are bound.