Althealthconnect - Terms of Use

Effective date: February 1, 2009

Please read carefully prior to using this website.

These Terms of Use and Privacy Policy (collectively, the "Terms") shall be governed by and construed in accordance with the laws of the State of California. OTHER THAN TO READ THESE TERMS FOR THE FIRST TIME, BY ACCESSING AND USING THE ALTHEALTHCONNECT WEBSITE ("WEBSITE") OR ANY OF ITS TOOLS, PRODUCTS, SERVICES, AND CONTENT (I.E., THE TEXT, IMAGES, DATA, AND INFORMATION) CONTAINED ON THE WEBSITE OR ANY PORTION THEREOF (COLLECTIVELY "WEBSITE MATERIALS"), YOU SIGNIFY YOUR ACCEPTANCE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, YOU MAY NOT ACCESS OR USE THIS WEBSITE OR DOWNLOAD ANY WEBSITE MATERIALS FROM IT.

Please bear in mind that althealthconnect.com is owned and operated by (NIAHC) NATIONAL INSITITUTE OF ALTERNATIVE HEALTH CARE, INCORPORATED and is a corporation organized under the laws of the State of California, and has its headquarters in California. The servers that host this Website are located in the United States, and any personal details you provide to us will be processed by althealthconnect.com in the United States.

Terms of Use

Website Notice Regarding Medical Advice

THE SITE DOES NOT PROVIDE MEDICAL ADVICE. The Website Materials, such as text, graphics, images, and information obtained from this Website are for informational purposes only. The Website Materials are not intended to be a substitute for professional medical 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. Never disregard professional medical advice or delay in seeking it because of something you have read on this Website!

If you think you may have a medical emergency, call your doctor or 911 immediately. Allthealthconnect.com does not recommend or endorse any specific tests, physicians, products, procedures, opinions, or other information that may be mentioned on this Website. This Website may contain health or medical-related materials that are sexually explicit. If you find these materials offensive, you may not want to use our Website.

Intellectual Property Rights

Ownership

All Website Materials, including any intellectual property rights in such Website Materials, are the property of NIAHC, its affiliates, licensors, or the designated owners, and are protected by applicable intellectual property laws. You should assume that everything you see on this Website is copyrighted unless otherwise noted, and may not be used without our written permission except as provided in these Terms.

Limited Right to Use Website

Subject to these Terms, you may view, copy, print, and download the Website Materials solely for personal and informational purposes without modification in any way. You may not (i) copy, distribute, or use the Website Materials for any commercial purpose, (ii) make derivative works of the Website Materials, or (iii) incorporate the Website Materials in any other web page or work. The Website and the Website Materials, and all intellectual property rights therein, are the property of NIAHC and its licensors, and no ownership interest is transferred by virtue of making the Website Materials available on the Website or granting the foregoing licenses. All reproductions of the Website Materials or portions thereof must keep intact all copyright and proprietary notices. Further, nothing contained in the Website shall be construed as conferring by implication, estoppels or otherwise, any license or right under any patent or trademark of NIAHC or any third-party.

Content You Submit to or Post on the Website

Except as specified in our Privacy Policy, all communications from you to this Website will be considered non-confidential and non-proprietary. You agree that any and all comments, information, photos, videos, feedback and ideas that you communicate to NIAHC or submit or post to the Website or give NIAHC or Althealthconnect.com permission to post to the Website ("User Materials") will be deemed, at the time of communication to NIAHC or Althealthconnect.com or submission or posting to the Website, to be the property of NIAHC, and NIAHC shall be entitled to full rights of ownership, including without limitation, the unrestricted right to use or disclose such User Materials in any form, medium or technology now known or later developed, and for any purpose, commercial or otherwise, without compensation to you.

In the event that you have any rights in the User Materials that cannot be assigned or waived you hereby grant to NIAHC a royalty-free, paid-up, exclusive, worldwide, irrevocable, perpetual license to (i) use, make, sell, offer to sell, have made, and further sublicense any such User Materials, and (ii) reproduce, distribute, create derivative works of, publicly perform and publicly display the User Materials in any medium or format, whether now known or later developed.

When you post your own copyrightable content on the Website or give NIAHC permission to post your copyrightable content on the Website, you retain ownership of any copyright you claim to your submitted content. However, by posting your content or giving NIAHC permission to post your content you automatically grant NIAHC a royalty-free, paid-up, non-exclusive, worldwide, irrevocable, perpetual license to (i) use, make, sell, offer to sell, have made, and further sublicense any such User Materials, and (ii) reproduce, distribute, create derivative works of, publicly perform and publicly display the User Materials in any medium or format, whether now known or later developed.

You agree not to submit or post User Material to this Website except for content that is fully authorized for purposes of this Website and these Terms, and you will not infringe upon any persons intellectual property rights in connection with such submissions. It is your obligation to determine the extent to which User Material you submit is protected by applicable intellectual property laws. You are solely responsible for the content of your communications and their legality under all laws and regulations. NIAHC does not endorse any User Materials. Nothing in these Terms shall obligate NIAHC to use any User Materials you submit or post any such User Materials on this Website.

You agree that you may receive emails containing messages, articles, comments, endorsements, or other information from other users of the Website ("User Email") who may do so by clicking on "send message" in connection with your profile, the latter being linked to your email address. You acknowledge that NIAHC has no authority or control over, and is not responsible for the content or other aspects of, or links in, any User Emails. Furthermore, NIAHC has no obligation to verify the content of, or links, in any User Email. If you decide to open, or access any links in, any User Email, you do this entirely at your own risk.

Please be aware that any information (including personally identifiable and personal health information) that you reveal to other users of our Website or on public areas on our Website is not subject to these Terms. You should think carefully before disclosing any personally identifiable or personal health information to any person or in any public forum. What you have disclosed to other users of our Website or, submitted for use, or posted, on public areas on our Website may be seen, disclosed to or collected by third parties and may be used by others in ways we are unable to control or predict, including to contact you for unauthorized purposes. For more information relating to our privacy practices, see the Privacy Policy.

Third-Party Content Providers

With respect to any Content obtained from or belonging to NIAHC, the following applies: "This information is proprietary to National Institute of Alternative Health Care and is protected under U.S. copyright law and international treaty provisions. This information is licensed for your personal or professional use and may not be resold or provided to others. You may not distribute, sell, rent, sublicense, or lease such information, in whole or in part to any third party; and you will not make such National Institute of Alternative Health Care information available in whole or in part to any other user in any networked or time-sharing environment, or transfer the information in whole or in part to any computer other than the PC used to access this information."

Access to Password Protected or Secured Areas

Access to and use of password-protected areas of this Website, including the user log in section of the Website, is restricted to authorized users only. You will be asked to provide accurate and current information on all registration forms on this Website and are required to update such information as necessary in connection with your continued access and use of this Website.

You are responsible for taking all reasonable steps to ensure that no unauthorized person shall have access to your passwords. It is your sole responsibility to (1) control the dissemination and use of activation codes and passwords; (2) authorize, monitor, and control access to and use of your member portal; (3) promptly inform NIAHC of any need to deactivate a password. You are solely responsible for any activity that occurs under your user name/password, and you shall be liable for any unauthorized use of this Website with your user name/password. You agree not to misuse your user name or password, misrepresent your identity or your affiliation with an entity, impersonate any person or entity, or misappropriate any Website Materials or other materials you are exposed to through this Website.

If you violate your obligations under this section, you may be subject to liability and prosecution. NIAHC cannot and does not assume any responsibility or liability for any information you submit, or your or any third parties' use or misuse of information transmitted or received using the Website. NIAHC reserves the right not to issue a password to any person or entity.

Compliance with Digital Millennium Copyright Act

NIAHC respects the rights of all copyright holders and in this regard, we have adopted and implemented a policy that provides for the termination in appropriate circumstances of users of this Website who infringe the rights of copyright holders. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide our Copyright Agent the following information required by the Digital Millennium Copyright Act, 17 U.S.C. Section 512:

• A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
• Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works;
• Identification of the Website material that is claimed to be infringing or to be subject of infringing activity and that is to be removed or access to which is to be disabled, and the information reasonably sufficient to permit NIAHC to locate the Website Material.
• Information reasonably sufficient to permit NIAHC to contact the complaining party;
• A statement in the manner complaining party has a good faith belief that the use of the Website Material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
• A statement that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

For copyright inquiries under the Digital Millennium Copyright Act, please contact NIAHC Copyright Agent at:
Attention: Althealthconnect Customer Support
269 Mount Hermon Road, Suite 207
Scotts Valley, CA 95066
Phone: (831) 331-4537
copyright@Althealthconnect.com

Website and Registration Administration

Third-Party Products, Services, Information, and Websites Links

This Website may refer to products, services, or other information from third parties and/or contain links to websites operated by third parties. Such information and these links may be provided by NIAHC or the Website or any user of the Website. The fact that these links, products, and services are available to you on the Website does not imply that NIAHC endorses or recommends, or is associated with, such third-parties or their products, services, information, websites or the contents thereof. NIAHC has no authority or control over, and is not responsible for, the operation, performance, availability, content, or other aspects of any third-party products, services, information, or websites.

Furthermore, NIAHC has no obligation to verify the content of such websites or information. If you decide to access any of the third-party websites linked to this Website or use any third-party products, services, information, or websites or the contents thereof, you do this entirely at your own risk. NIAHC DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED (INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR TITLE), TO ANY THIRD-PARTY PRODUCTS, SERVICES, INFORMATION, OR LINKED WEBSITES, INCLUDING BUT NOT LIMITED TO ANY TERMS AS TO THE ACCURACY, OWNERSHIP, VALIDITY OR LEGALITY OF ANY CONTENT OF A LINKED WEBSITE.

Authority of Website Administrator

Subject to the terms contained herein and in the Privacy Policy, NIAHC may in its discretion modify, edit, translate, suspend, restrict access to or terminate this Website, these Terms of Use, the Website Materials or any link at any time without liability or prior notice. NIAHC may in its discretion terminate the browsing of, registration with and use of this Website by any user at any time without liability or prior notice for any reason, including for any breach of these Terms.

Good Samaritan Policy

It is our policy not to tolerate any acts of intellectual property infringement or violations of federal or state law. We will, in good faith, make commercially reasonable efforts to remove, disable, or restrict access to the availability of Website Materials on the Website that, in our subjective view, is obscene, lewd, lascivious, filthy, excessively violent, harassing, or otherwise objectionable, whether or not such material is constitutionally protected. This provision does not impose upon NIAHC any contractual obligation to undertake, or refrain from undertaking, any particular course of conduct, or to monitor the Website.

If you believe that someone has violated this policy, we ask you to promptly notify our Customer Service department by email at customerservice@althealthconnect.com (attention: Customer Service) or by phone at (831) 331-4537. You must use this address or phone number if you want to ensure that the complaint is actually received by the appropriate party who is responsible for investigating alleged violations of this policy.

You’re Obligations

Compliance and Unsuitable Content
Other than to read these terms for the first time, by accessing and using the Website and Website Materials, you represent and warrant that: (a) you are eighteen (18) years of age or older; (b) all required registration information you submit is truthful and accurate; (c) you will maintain the accuracy of such registration information; (d) your use of the Website and Website Materials does not violate any applicable law or regulation; (e) you will not engage in any conduct or submit to, or post on, this Website any content or other materials that are illegal, inaccurate, misleading, misappropriated, infringing, dilutive, defamatory, obscene, offensive, or otherwise objectionable; (f) you will not cause damage, embarrassment or adverse publicity to NIAHC; and (g) you will not create liability for NIAHC.

Functional Compatibility and System Abuse

You agree that you will submit or post only content and material that is functionally and technically compatible with this Website. You will not attempt to and will not damage, corrupt, tamper with or infect this Website, the Website Materials or any information or telecommunication system of NIAHC or the Website with a virus or other malicious computer program. You will only use this Website for the permitted purposes stated in these Terms of Use, and will not engage in abusive activity with respect to this Website. Without limiting the generality of the foregoing, you agree not to send, create or reply to so called "mailbombs" (i.e., e-mailing copies of a single message to many users, or sending large or multiple files or messages to a single user with malicious intent), engage in "spamming" (i.e., unsolicited e-mailing for business or other purposes), intentionally send virus-infected emails, or undertake any other activity which may adversely affect the use or enjoyment of this Website by any person. You are prohibited from using any services or facilities provided in connection with this Website to compromise security or tamper with system resources and/or accounts. The use or distribution of tools designed for compromising security (e.g., password guessing programs, cracking tools or network probing tools) is strictly prohibited. If you become involved in any violation of system security, NIAHC reserves the right to release your details to system administrators at other sites and law enforcement authorities in order to assist them in resolving security incidents.

Your Cooperation and Notification
You agree to cooperate with all reasonable requests of NIAHC and will notify NIAHC promptly upon learning of any actual or suspected breach of these Terms of Use by you or unauthorized use or abuse of this Website.

Other Important Information

Separate or Additional Terms

Certain Website Materials and sections of this Website may be subject to separate or additional terms or conditions of use as stated either on the Website or in such Website Materials. You agree to comply with such terms and conditions with respect to your use of those Website Materials. Any such terms will not vary or replace these Terms regarding any use of this Website unless otherwise expressly stated.

Proof of License or Certification

Before your account can be activated, you will need to send proof of valid license or certification to Customer Service via fax: (831)440-3227, e-mail: customerservice@niahc.com or via postal mail: 269 Mt. Hermon Road, Suite 207, Scotts Valley, CA 95066. Once we have verified your documentation, you will receive an email from us confirming that your login and your profile have been activated.

Continuing Education Units (CEU)

Beginning January 1, 2011, all active members of the NIAHC Website will need to send proof of Continuing Education Units to: Customer Service via fax: (831)440-3227, or e-mail: customerservice@niahc.com, or postal mail: 269 Mt. Hermon Road, Suite 207, Scotts Valley, CA 95066. Once your documentation has been verified, you will receive an email confirming compliance and continued membership.