Terms of Service
Disclaimer; This Site Does Not Provide Medical Advice or Other Health Services
Use of the information provided by this Site is at your own risk. The Content provided by the Site and use of information obtained by using the Site is for informational purposes only and is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always consult your doctor or other qualified healthcare provider with any questions you may have regarding a medical condition. If you have a medical emergency, call your doctor or dial 911 immediately. Health2009 does not endorse, recommend, evaluate or guarantee any specific physicians, products, procedures, medical theories, or other information appearing in the search results, and hereby disclaims any and all liability relating to any use thereof. Your access to and use of the Site and the Content is at your own risk. Health2009 assumes no responsibility for any harm to your computer system, loss of data, or other harm that results from your access to or use of the Site or the Content, and disclaims any and all liability relating thereto.
Much of the Content provided by the Site comprises search results consisting of links to third-party websites over which Health2009 exercises no control. These search results are generated automatically by Health2009's computers and search software. As a result some of the results may link to websites that are missing, out-of-date, inaccurate, inappropriate, objectionable, or offensive. You acknowledge and agree that Health2009 is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources and Health2009 hereby disclaims any and all liability relating thereto. Links to such websites or resources do not imply any endorsement by Health2009 of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
Your Use of the Content
You may access and use the Site and the Content for your personal, non-commercial use only. You agree not to use the Site or the Content to sell products or services, to increase traffic to other websites, or for other commercial purposes.
You agree not to do any of the following while using the Site or Content:
- Access, tamper with, or use non-public areas of the Site, Health2009's computer systems, or the technical delivery systems of Health2009's providers;
- Attempt to probe, scan, or test the vulnerability of any system or network or breach any security or authentication measures;
- Attempt to access or search the Site or the Content with any engine, software, tool, agent, device or mechanism other than the software and/or search agents provided by Health2009 or other generally available third party web browsers (such as Microsoft Internet Explorer or Netscape Navigator);
- Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Site or the Content;
- Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Site; or
- Impersonate or misrepresent your affiliation with any person or entity.
- Send automated queries of any sort to Health2009's system without express permission from Health2009.
The Site is Available "AS-IS"
THE SITE AND THE CONTENT ARE PROVIDED "AS IS", WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, COSMIX EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT.
COSMIX MAKES NO WARRANTY THAT THE SITE AND THE CONTENT WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. COSMIX MAKES NO WARRANTY REGARDING THE QUALITY OF ANY PRODUCTS, SERVICES, OR INFORMATION PURCHASED OR OBTAINED THROUGH THE SITE OR CONTENT, OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SITE OR CONTENT.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM COSMIX OR THROUGH THE SITE AND THE CONTENT, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER Health2009 NOR ANY OTHER party involved in creating, producing, or delivering the SITE AND THE CONTENT will be liable for any DIRECT, incidental, SPECIAL, consequential or PUNITIVE damages resulting from your access to or use of, or inability to access or use, the SITE AND THE CONTENT, whether based on warranty, contract, tort (INCLUDING NEGLIGENCE) or any other legal theory, whether or not COSMIX has been informed of the possibility of such damage, EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PUrPOSE. YOU SPECIFICALLY ACKNOWLEDGE THAT COSMIX IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. FURTHER, COSMIX WILL HAVE NO LIABILITY TO YOU OR TO ANY THIRD PARTY FOR ANY THIRD-PARTY CONTENT UPLOADED ONTO OR DOWNLOADED FROM THE SITE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
Without limiting the foregoing, under no circumstances will Health2009 be held liable for any delay or failure in performance due in whole in or in part to any acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, software bugs, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, earthquakes, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning.
Controlling Law and Jurisdiction