Union Springs Healthcare™ LLC Terms

Last Updated on March 10, 2014

These Terms of Use (“Terms of Use”) set forth the terms and conditions applicable to your access and use of the website located at ushcare.com (the “Site”). The Site is a service of Union Springs Healthcare™ LLC, a Delaware limited liability company (“Union Springs Healthcare™”, “us,” “we,” or “our”). 

BY ACCESSING OR USING THE SITE, YOU AGREE TO THESE TERMS OF USE. IF YOU DO NOT AGREE TO THESE TERMS OF USE, YOU ARE NOT AUTHORIZED TO ACCESS OR USE THE SITE. 
NOTWITHSTANDING ANYTHING CONTAINED IN THESE TERMS OF USE OR ON THE SITE TO THE CONTRARY, THE SITE IS PROVIDED WITHOUT ANY WARRANTY AND SUBJECT TO LIMITATIONS ON OUR LIABILITY. THESE TERMS ARE CONTAINED IN SECTIONS 12 AND 14 BELOW. 

WE RESERVE THE RIGHT, IN OUR SOLE DISCRETION, TO MODIFY OR CHANGE THESE TERMS OF USE AT ANYTIME. WHEN WE DO, WE WILL ALSO REVISE THE “LAST UPDATED” DATE AT THE TOP OF THESE TERMS OF USE. IT IS YOUR RESPONSIBILITY TO REGULARLY REVIEW THE CURRENT TERMS OF USE. THE MOST CURRENT VERSION OF THE TERMS OF USE CAN BE REVIEWED BY CLICKING ON THE “TERMS OF USE” HYPERTEXT LINK LOCATED ON OUR WEB PAGES. YOUR CONTINUED ACCESS AND/OR USE OF THE SITE AFTER WE POST ANY REVISED TERMS OF USE CONSTITUTES YOUR AGREEMENT TO ANY SUCH REVISED TERMS OF USE.

1. License to Use the Site. Subject to your compliance with these Terms of Use, we grant you a non-exclusive, non-transferrable, revocable and limited license to access and use the Site solely (a) for the purpose of searching and viewing health and other information made available on the Site, (b) for the purpose of viewing information about the products offered by Union Springs Healthcare™ and to purchase such products, and (c) for other purposes expressly permitted by Union Springs Healthcare™ on the Site. You agree not to access or use the Site for any other purpose including, without limitation, any purpose that is prohibited by these Terms of Use or that is otherwise unlawful. You further agree to comply with all applicable U.S. and international laws, statutes, ordinances, regulations, contracts and applicable licenses regarding your use of the Site.

2. Use of Content. You may make customary use of the Site using your web browser and personal computer or mobile device—i.e., use of a web browser to copy portions of the Site for display on your computer monitor. Similarly, service providers may make customary use of the Site to facilitate its availability to users, including customary caching, unless such practices would materially misrepresent the Site or any portion thereof. You may print, for personal use, up to five copies of any text, graphic, information or combination thereof displayed or transmitted on the Site (collectively, “Content”) that you are authorized to access, provided that you (a) do not remove any notices or other information contained on such Content, and (b) strictly comply with the provisions of these Terms of Use, including without limitation Section 3 below. You shall not use any Content for marketing purposes. 3. Restrictions. Other than permitted uses of Content as provided in Section 2 above, you may not (and you agree that you will not) reproduce, alter, modify, create derivative works, distribute, perform or display any Content without first receiving our express written permission. You further agree not to, without first obtaining our express written permission, (a) use any of our trademarks as metatags on other websites, (b) use the Site in any manner that is illegal or impairs the operation of the Site or its availability or usage by others, and/or (c) display any part of the Site in frames (or any Content via in-line links). You further agree not to decompile, reverse engineer or disassemble any software or other products or processes accessible through the Site, and not to insert any code or product or manipulate the Site in any way that affects the user’s experience including, without limitation, taking any action that imposes, or may impose, an unreasonable or disproportionately large load on the Site. You further agree not to use any data mining, web crawlers, robots, cancelbots, spiders, Trojan horses, or any data gathering or extraction method in connection with your use of the Site except for customary search engines used in accordance with automated instructions directed to search engines and available on the Site.

4. Health and Information Disclaimer. Any use or reliance on Content shall be at your own risk. Union Springs Healthcare™ shall not be liable to you or any third party for any reliance on, or decision made in connection with, such Content. No Content is intended to be, nor should be construed as, medical advice or a medical diagnosis, and is not intended in any way to (a) supersede or be a substitute for any medical provider’s judgment, evaluation or treatment, (b) define the standard of care, or (c) be a proper method of care. You are urged and advised to seek the advice of a physician or other specialist in the applicable area before using any Content. All Content on the Site (including scientific information and clinical data) is provided only for informational purposes.

5. Payment. You agree to pay Union Springs Healthcare™ for any purchases on the Site in accordance with the pricing and payment terms that Union Springs Healthcare™ may issue from time-to-time. All amounts due are payable in U.S. dollars.

6. Users of the Site. 6.1 Registered Users and Subscribers. If you register with our Site and we issue an account to use the Site to you (an “Account”), you shall be referred to as a “Registered User”, unless you purchased a subscription to access and use the Site, in which case you shall be referred to as a “Subscriber.” 6.2 In order to purchase product, you must be (a) eighteen (18) years of age or older, and (b) a resident of the United States, a U.S. territory or Canada. 6.3 General. The portions of the Site available to the general public, Registered Users and Subscribers may vary. Registered Users and Subscribers do not have access to the same portions of the Site. You agree not to access any portion of the Site for which we do not provide you access. 6.4 Passwords. You may not authorize any third party to enter and/or use your Account on your behalf. Accordingly, you agree to protect your username and password by, among other things, keeping your username and password confidential. You are responsible for all use by any third party of your Account. You agree to (a) immediately notify Union Springs Healthcare™ at info@USIMeds.com of any unauthorized use of your password or any other breach of security, and (b) ensure that you exit from your Account at the end of each session.

7. Subscribers. This Section 7 of the Terms of Use applies only to Subscribers. 7.1 Accounts. Each individual Subscriber may have only one Account. 7.2 Term. The term of Subscriber’s subscription to the Site (a “Subscription”) shall commence on the date on which Union Springs Healthcare™ receives a Subscription Payment from Subscriber, and shall continue for a period of one (1) month (the “Subscription Period”); subject, however, to renewal and earlier termination as provided herein. Upon the expiration of the Subscription Period and each Renewal Period, if any, the Subscriber’s Subscription shall automatically renew for successive periods of one (1) month each (each a “Renewal Period”) unless Subscriber gives Union Springs Healthcare™ notice of its intention not to renew its Subscription at least one (1) day prior to the expiration of the then current Subscription Period or Renewal Period, as applicable. 7.3 Termination. Subscriber may terminate its Subscription using the mechanisms provided through its online Account (e.g., by selecting “Membership Cancellation “). Union Springs Healthcare™ may at any time terminate Subscriber’s Subscription by giving notice thereof to Subscriber, and such notice shall be effective on the date set forth in such notice or, if no date is provided, shall be effective immediately. 7.4 Subscription Payments. The “Subscription Payment” is the amount due to initiate a Subscription. The Subscription Payment is due at the time Subscriber submits a request for a Subscription. Subscriber agrees to pay all Subscription Payments when due. 7.5 Renewal Payments and Due Dates. The “Renewal Payment” is the amount due to renew Subscriber’s Subscription. Each Renewal Payment is due on the first day of any Renewal Period. Subscriber agrees to pay all Renewal Payments when due. 7.6 Refund Policy. All Subscription Payments and Renewal Payments are non-refundable. 7.7 Payment Method. All amounts payable hereunder must be made by a credit card designated by Subscriber. Subscriber hereby authorizes Union Springs Healthcare™ to charge its designated card (1) on the date on which Subscriber requests a Subscription, and (2) on the first day of each Renewal Period, unless Subscriber has terminated its Subscription in accordance with Section 7.3 (Termination) above. If Union Springs Healthcare™ does not receive payment from the applicable card issuer or its agents, Subscriber agrees to pay all amounts due immediately upon demand. Subscriber agrees to promptly notify Union Springs Healthcare™ of changes to (a) the account number or expiration date of its designated card, and/or (b) its billing address. Subscriber also agrees to promptly notify Union Springs Healthcare™ if its card is canceled. 7.8 Failure to Make Payment. If Union Springs Healthcare™ does not receive a Renewal Payment by the first day of any Renewal Period, Union Springs Healthcare™ may suspend your access to the Site, including without limitation your Account.

8. Termination of Access to the Site. We may, in our sole discretion, terminate your access to, and/or use of, the Site, or any portion thereof, at any time, with or without notice and for any reason (or no reason), and you agree that if your authorization to access the Site is terminated, you will not thereafter access, or attempt to access, the Site, directly or indirectly.

9. Third Party Websites. We may provide hyperlinks to third party websites and resources. We have no control over such websites and resources or the applicable privacy policies. You agree that Union Springs Healthcare™ is not responsible or liable for any damage or loss caused to you by your use of or reliance on any content, goods or services available through the third party websites and Internet resources.

10. Linking to the Site. We generally welcome links to the Site from other websites. However, if we demand that you not link to the Site, or any portion of the Site, you agree that you will not, directly or indirectly, link to the Site or such portion of the Site as directed in our demand, at any time after such demand is made.

11. Intellectual Property. Except for Content that is in the public domain or licensed from third parties, the Site and all Content is owned by (or licensed to) Union Springs Healthcare™ or its licensors and is protected by intellectual property and/or other laws and may not be used, copied or imitated in whole or in part. Union Springs Healthcare™ and all related logos are trademarks of Union Springs Healthcare™ and, subject to applicable law, may not be copied, imitated or used, in whole or in part, without our prior written permission. In addition, all page headers, custom graphics, button icons, and scripts are service marks, trademarks, and/or trade dress of Union Springs Healthcare™ or its licensors and may not be copied, imitated, or used, in whole or in part, without our prior written permission. Except as otherwise expressly provided in these Terms of Use, all rights in and to the Site (including all Content) are expressly reserved by Union Springs Healthcare™.

12. No Warranties. The Site is provided on an “AS IS”, “WITH ALL FAULTS”, AND “AS AVAILABLE” basis. We assume no liability or responsibility for any errors or omissions in respect of the Site including, without limitation, any errors or omissions with respect to any Content. You acknowledge and agree that you assume sole responsibility for ensuring that all Content is accurate and up to date. Further, we do not represent or warrant that any aspect of the Site will work properly or will be continuously available. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR SOLE DISCRETION AND RISK. WE HEREBY DISCLAIM ANY AND ALL WARRANTIES AND REPRESENTATIONS, WHETHER EXPRESS OR IMPLIED, ORAL OR WRITTEN, INCLUDING, WITHOUT LIMITATION, ANY AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY, REASONABLE CARE, SECURITY, QUALITY, TIMELINESS, AVAILABILITY, COMPLETENESS, RELIABILITY, ACCURACY, AND/OR FITNESS FOR A PARTICULAR PURPOSE (WHETHER OR NOT WE KNOW, HAVE REASON TO KNOW, HAVE BEEN ADVISED, OR ARE OTHERWISE IN FACT AWARE OF ANY SUCH PURPOSE), IN EACH INSTANCE IN RESPECT OF THE SITE (INCLUDING, WITHOUT LIMITATION, THE CONTENT). FURTHERMORE, WE EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF TITLE AND/OR NON-INFRINGEMENT IN RESPECT OF THE SITE (INCLUDING, WITHOUT LIMITATION, THE CONTENT). Some jurisdictions do not allow implied warranties to be excluded or modified, so not all of the above limitations may apply to you.

13. Indemnification. You hereby agree to indemnify and hold harmless Union Springs Healthcare™ and its affiliates, officers, directors, employees, shareholders, information providers, suppliers and licensees (collectively, “Indemnified Parties”) from and against any and all liability and costs, including, without limitation, reasonable attorney’s fees, incurred by the Indemnified Parties in connection with any claim arising out of or related to (a) your access and/or use of the Site including, without limitation, any Content, (b) any breach of any of these Terms of Use by you, and/or (c) any allegation which, if true, would constitute a breach of any of these Terms of Use by you.

14. Limitation of Liability. EXCEPT WHERE PROHIBITED BY LAW, IN NO EVENT WILL Union Springs Healthcare™ BE LIABLE FOR (A) ANY DAMAGES OF ANY NATURE WHATSOEVER RESULTING FROM, OR RELATED TO, THE LOSS, DELAY OR INABILITY TO USE THE SITE, THE LOSS OF ANY CONTENT OBTAINED THROUGH THE SITE, AND/OR THE INACCURACY OF ANY CONTENT, AND/OR (B) ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS ARISING OUT OF OR IN ANY WAY CONNECTED WITH THESE TERMS OF USE AND/OR OTHERWISE ARISING OUT OF THE USE OR PERFORMANCE OF THE SITE (INCLUDING, WITHOUT LIMITATION, ANY CONTENT), IN EACH OF (A) AND (B) ABOVE WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE AND EVEN IF Union Springs Healthcare™ HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ALL EVENTS, Union Springs Healthcare™’S AGGREGATE LIABILITY FOR CLAIMS ARISING OUT OF OR IN ANY WAY CONNECTED WITH THESE TERMS OF USE AND/OR THE USE OR PERFORMANCE OF THE SITE (INCLUDING, WITHOUT LIMITATION, ANY CONTENT) WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE SHALL BE LIMITED TO THE GREATER OF (Y) $5.00, OR (Z) THE SUM OF FEES PAID BY YOU HEREUNDER, IF ANY, DURING THE ONE (1) MONTH PERIOD IMMEDIATELY PRIOR TO THE DATE THE APPLICABLE CLAIM FIRST ARISES. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF SOME TYPES OF DAMAGES, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.

15. Release. In the event that you now or hereafter have a dispute with any person or entity arising from your use of the Site, you release Union Springs Healthcare™ (and its officers, directors, agents, affiliates, suppliers and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such dispute. If you are a California resident, you waive California Civil Code §1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” Whether or not you are a California resident, you waive and relinquish all rights and benefits under any legal principle with the similar effect of California Civil Code §1542 in any jurisdiction with respect to the release granted above in this Section 12.

16. Modifications to the Site. For the avoidance of doubt, we may modify, suspend, discontinue and/or restrict the use of all or any portion of the Site (including without limitation any Content contained on the Site) at any time for any reason (or for no reason) and without notice or liability.

17. Privacy. You consent to our Privacy Policy now and as it may be amended or changed from time to time.

18. Governing Law. These Terms of Use, and all matters arising out of or relating to the Site, shall be governed by the laws of the United States, excluding any application of the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. Additionally, the Uniform Computer Information Transaction Act shall not apply to these Terms of Use or the Site.

19. Miscellaneous. These Terms of Use including, without limitation, (a) any other terms and conditions that may appear on the Site from time-to-time (such as, without limitation, additional representations that we may ask you to make when submitting information to the Site), and (b) any written terms and conditions that you and Union Springs Healthcare™ may agree in a writing (executed by you and Union Springs Healthcare™ with specific reference to these Terms of Use) are to supplement these Terms of Use (whether such writing is agreed to before, after or concurrently with these Terms of Use), contain the full understanding with respect to your use and access of the Site and supersede all prior agreements, terms, conditions and understandings, both written and oral, with respect to such use and access of the Site. You may not transfer any rights or obligations you may have under these Terms of Use without our prior written consent. We may transfer our rights under these Terms of Use without your consent. If any portion of these Terms of Use is held to be invalid or unenforceable, the invalid or unenforceable portion shall be modified in accordance with the applicable law as nearly as possible to reflect the original intention of the applicable provision, and the remainder of these Terms of Use shall remain in full force and effect. A printed version of these Terms of Use of Use and of any notices given to you in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. The failure of Union Springs Healthcare™ to insist upon or enforce strict performance by you of any provision of these Terms of Use shall not be construed as a waiver of any provision or right. None of Union Springs Healthcare™’s rights or remedies conferred by these Terms of Use are exclusive of any other right or remedy conferred herein or by law or in equity; rather, all of such rights and remedies are cumulative of every other such right or remedy and may be exercised concurrently or separately from time-to-time. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms of Use. We may provide notice to you relating to the Site and/or these Terms of Use by any reasonable means including, without limitation, sending an e-mail to your last known e-mail address, and any such e-mail notice shall be deemed given and received on the day it is sent. You agree that any cause of action that you may desire to bring arising out of or related to these Terms of Use and/or the Site must commence within one (1) year after the cause of action arises; otherwise, such cause of action shall be permanently barred.