Terms

TERMS AND CONDITIONS

These Terms and Conditions were last updated on November 12, 2012.

Introduction

Mason A. Smith & Associates, LLC, doing business as 1stHealthSystems (“1stHealthSystems”, “we”, or “our“) owns and operates the website at http://1sthealthsys.com, and any successor sites thereto and all services offered by 1stHealthSystems thereon (the “1stHealth Website”).  Your use of the 1stHealth Website means you have read these Terms and Conditions and agreed to them. If you don’t agree to the Terms and Conditions, your sole option is to immediately discontinue use of the 1stHealth Website.  These Terms and Conditions apply whether the 1stHealth Website is accessed via personal computers, mobile devices, tablets, or otherwise.

We reserve the right, at our complete discretion, to change, modify, add, or remove portions of these Terms and Conditions from time to time. Your continued use of the 1stHealth Website after any such changes have been made means you agree to such changes.

These Terms and Conditions incorporate by reference our Privacy Policy. Please read the terms of the Privacy Policy carefully as you agree to them when you agree to the Terms and Conditions.

Limited License to the 1stHealth Website


Except for User Submissions, defined below, all intellectual property rights in and to the content, tools, text, logos, marks, data, audio, video, design, codes, layout, “look and feel”, and other content that is included on the 1stHealth Website (“Content“) is owned by 1stHealthSystems or its licensors. You may download one copy of the Content on the 1stHealth Website for your personal or non-commercial use only, provided you do not delete or change any copyright, trademark, or other proprietary notices.


License Restrictions

All rights not expressly granted in Section 2 above are exclusively reserved to 1stHealthSystems. When using the 1stHealth Website, you will not:

Use 1stHealthSystems’ name, logo, trademark, or service mark without our prior written consent;

Use any Content from the 1stHealth Website except as expressly permitted in the above license;

Employ any data-mining or data-extraction tools;

Copy or adapt the HTML, Java, or any other code used to generate the 1stHealth Website;

Attempt to decipher, decompile, disassemble, or reverse engineer any of the software comprising any part of the 1stHealth Website;

Interfere with or attempt to interfere with the proper working of the 1stHealth Website;

Circumvent, disable, or otherwise interfere with security-related features of the 1stHealth Website;

Violate any applicable laws, rules, or regulations in any jurisdiction;

Access data not intended for you or log into a server or account that you are not authorized to access;

Distribute viruses, trojan horses, worms, time bombs, cancelbots or other computer programming routines or engines that are intended to damage, detrimentally interfere with, surreptitiously intercept, or misappropriate any system, data or information; or

Employ misleading email addresses or forged headers or otherwise manipulate, through identifiers, to disguise the origin of Content transmitted through the 1stHealth Website.

User Submissions

Subject to these Terms and Conditions and the functionality of the 1stHealth Website, you may comment on Content, contribute to forums and otherwise submit Content (“User Submissions“) to the 1stHealth Website. You own all intellectual property rights in and to your User Submissions. By posting or uploading User Submissions to the 1stHealth Website, you grant 1stHealthSystems a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, sub-licensable (through multiple tiers), and transferable license to use, reproduce, distribute, prepare derivative works of, decompile, reverse engineer, data process, display, perform, and otherwise exercise all rights in and to the User Submissions in connection with 1stHealthSystems’ business, including, without limitation, on the 1stHealth Website and for marketing and advertising purposes in any media formats and through any media channels now known or hereinafter invented. Without limiting the foregoing, the license may also be exercised by third parties acting on 1stHealthSystems’ behalf. You also grant each user of the 1stHealth Website a non-exclusive license to access your User Submissions through the 1stHealth Website.

Requirements for User Submissions

You agree that, whether or not your User Submissions are published on the 1stHealth Website, 1stHealthSystems offers no confidentiality or anonymity with respect to User Submissions. You warrant that you own or have the necessary licenses, rights, consents, and permissions to use and authorize 1stHealthSystems to use your User Submissions as contemplated by the functionality of the 1stHealth Website and in these Terms and Conditions. You understand and agree that 1stHealthSystems may display or distribute User Submissions along with your account name or other information you provide during any applicable registration process. When contributing User Submissions to the 1stHealth Website, you will not:

Make false, misleading, obscene, or indecent statements;

Post User Submissions giving rise to civil liability;

Post User Submissions that are defamatory, threatening, harassing, sexually explicit, abusive, hateful, or embarrassing to any other person or entity;

Repeatedly post the same or similar Content or otherwise impose an unreasonable or disproportionately large load on 1stHealthSystems’ or its agent’s infrastructure;

Post irrelevant User Submissions or post Content in inappropriate categories;

Delete or otherwise revise or improperly interfere with any Content posted by any other user of the 1stHealth Website;

Post Content that infringes or misappropriates any copyright, trademark, patent, trade secret, or other intellectual property or any privacy or publicity rights of another;

Post chain letters, “junk mail”, “spam,” or pyramid schemes;

Harm or harass others;

Participate in gambling;

Contact anyone who has asked not to be contacted; or

Impersonate any person or entity.

No Obligation to Publish

1stHealthSystems may remove or decline to post any User Submission at any time, for any reason (or for no reason), without notice and at its sole discretion, including, without limiting the foregoing, if it determines that a User Submission is inappropriate or fails to comply with these Terms and Conditions. 1stHealthSystems has no responsibility for the back-up of any of any User Submission or any lost data resulting from the use, operation or discontinuation of any aspect of the 1stHealth Website.

Content and Third-Party Content

You understand and agree that User Submissions are third-party content and do not necessarily represent the views of 1stHealthSystems. Through your use of the 1stHealthSystems Website, you may be exposed to Content, including third-party content that you may find inaccurate, deceptive, offensive, objectionable, or harmful. All Content is provided for your convenience only, and you assume all associated risks.

Accuracy of Information.


We attempt to ensure that information on the 1stHealth Website is complete, accurate, and current. Despite our efforts, the information on the 1stHealth Website may occasionally be inaccurate, incomplete, or out of date.  We make no representation as to the completeness, accuracy, or currency of any information on the 1stHealth Website.  For example, products described on the 1stHealth Website may be unavailable or may have different attributes than those listed on the 1stHealth Website.  In addition, we may make changes in information about availability without notice.  Information contained in any press release available on the 1stHealth Website was provided as of the date of that release.  1stHealthSystems assumes no obligation to update any information contained in such press releases.  You agree that you are responsible for complying with all applicable laws, rules, and regulations.  The 1stHealth Website is not intended to substitute for professional judgment.


Third-Party Websites

You may be able to link from the 1stHealth Website to third-party websites that take you outside of the 1stHealth Website (“Linked Sites”). 1st Heath Systems has no responsibility for the information, content, products, services, advertising, code or other material, which may be provided through the Linked Sites, so please use common sense as you navigate the Web and be aware when you leave the 1stHealth Website.

Feedback


We do not solicit feedback including ideas for products, technology, advertising, promotions, other solutions, processes, or business aspects (“Feedback”).  If you do send us Feedback, notwithstanding our non-solicitation policy, then to avoid misunderstandings, the following provisions apply.  You assign to us in perpetuity all intellectual property rights in and to your Feedback and will reasonably cooperate with us, at our request, to help us perfect title in the Feedback.  You agree that we are under no obligation to review or use your Feedback.


Indemnification

You will defend, indemnify, and hold harmless 1stHealthSystems, its officers, directors, employees, agents, and affiliates from: (i) your use of and access of the 1stHealth Website; (ii) your violation of any of these Terms and Conditions; and (iii) your violation of any third-party right including any copyright, trademark, trade secret, or privacy right related to your use of the 1stHealth Website. The obligations of this Section will survive these Terms and Conditions and your use of the 1stHealth Website.

Disclaimers

THE CONTENT, SOFTWARE AND INFORMATION FOUND ON THE 1stHealth WEBSITE ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, EXPECTATIONS OF PRIVACY, OR NON-INFRINGEMENT. 1STHEALTHSYSTEMS DOES NOT WARRANT THAT THE 1stHealth WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE 1STHEALTH WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

Limitation of Liabilities

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL 1STHEALTHSYSTEMS, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR AFFILIATES BE LIABLE FOR DIRECT, CONSEQUENTIAL, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, OR SPECIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS AND CONDITIONS, THE USE OR INABILITY TO USE THE 1STHEALTH WEBSITE, SERVICES, OR CONTENT INCLUDING ANY LOSS OF REVENUE, PROFITS, OR DATA OR BUSINESS INTERRUPTION, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND EVEN IF 1stHealthSystems HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF WHETHER ANY DAMAGES LIMITATION FAILS OF ITS ESSENTIAL PURPOSE.  APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF LAIBILITIES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.


Claims of Infringement


1stHealthSystems respects the intellectual property of others and requires that you do the same. In accordance with the Digital Millennium Copyright Act (“DMCA“), the text of which may be found on the U.S. Copyright Office website at http://www.copyright.gov/legislation/dmca.pdf, 1stHealthSystems will respond expeditiously to notices of alleged copyright infringement that are duly reported to its Designated Copyright Agent identified in the notice below. 1stHealthSystems will disable and/or terminate the accounts of users who are repeat infringers. If you believe that your content has been copied in a way that constitutes copyright infringement, please provide our Copyright Agent the following information:


DMCA Notice of Alleged Infringement (“Notice”)

Identify the copyrighted work that you claim has been infringed, or if multiple works are covered by this Notice you may provide a representative list of the copyrighted works that you claim have been infringed.


Identify the material or link you claim is infringing and provide a description of where the infringing work is located on the website.


Provide your mailing address, telephone number and, if available, email address.  Include both of the following statements in the body of the Notice:

• “I hereby state that I have a good-faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., fair use).”

“I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.”


Provide your full legal name and your electronic or physical signature.  Deliver this Notice, with all items completed, to our Designated Copyright Agent:


Attn: Nancy K. Smith
1stHealthSystems
5657 171st Avenue SE
Bellevue WA 98006
NancySmith@1sthealthsys.com
877.700.6007

While we consider all such notices seriously, you may be liable for damages (including costs and attorneys’ fees) if you materially misrepresent that content or activity is infringing. Accordingly, if you are uncertain whether material infringes your copyrights (including whether use of copyrighted material may constitute fair use) you may wish to seek the advice of an attorney.


General

These Terms and Conditions will be governed by the laws of the State of Washington, without reference to its choice-of-laws rules.  The exclusive jurisdiction and venue for any action under these Terms and Conditions will be in the state and federal courts of King County, Washington.  You accept the exclusive personal jurisdiction of such courts.  You may not assign any rights granted to you or delegate any of your duties hereunder and any attempt to do so is void and of no effect.  We may assign our rights and delegate our duties under this Agreement in their entirety in connection with a merger, reorganization, or sale of all, or substantially all, of our assets relating to this Agreement. Nothing in this Agreement will constitute a partnership or joint venture between you and us.  These Terms and Conditions set forth the entire understanding and agreement between us with respect to the subject matter hereof.  If any provision of these Terms and Conditions is invalid or unenforceable in any jurisdiction, the other provisions herein will remain in full force and effect.