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Terms of Use

This Web site is provided by Eisner Health subject to your agreement to comply with these “Terms of Use” and the associated Eisner Health Privacy Policy. Please read these Terms of Use carefully before accessing or using any part of this website. All uses of the Eisner Health website are subject to these Terms of Use.

 

Agreement

By accessing or using this website, you agree that you have read, understand and agree to be bound by these Terms of Use, as well as the Eisner Health Privacy Policy, which is hereby incorporated into these Terms of Use. If you do not wish to agree to these Terms of Use, do not access or use any part of this website. 

 

Revisions and Updates

We may revise and update these Terms of Use at any time by posting the amended terms to this website. Your continued use of the Eisner Health website means that you accept and agree to the revised or updated Terms of Use. If you disagree with any revisions or updates to these Terms of Use, or are dissatisfied with this website, your sole and exclusive remedy is to discontinue using this website.

Not Medical Advice

The information contained on this website or electronically transmitted to you in response to a message from you is not intended or implied to constitute medical advice, diagnosis, or treatment. Always visit or speak to a qualified health services provider before starting any new treatment or with any questions you may have regarding a medical condition. If you think you may be experiencing a medical emergency, call your health care provider or 911 immediately.

Site Ownership and Copyright

Except as otherwise indicated, this website and all its content, including text, graphics, logos, button icons, photos, images, forms, audio, video, questionnaires, and software, is the property of Eisner Health or its licensors and is protected by United States and international copyright laws. Eisner Health allows you to view or download the material on this website solely for your personal, noncommercial use.

The compilation of all content on the website is the exclusive property of Eisner or, as applicable, its licensors, and is protected by United States and international copyright laws. Unless specifically authorized in writing by Eisner Health, any use of these materials, or of any materials contributed to this website by entities other than Eisner Health, on any other website or networked computer environment for any purpose is prohibited.

Any rights not expressly granted by these Terms of Use or any applicable end-user license agreements are reserved by Eisner Health. Content and features are subject to change or termination without notice in the editorial discretion of Eisner Health.

Rules of Use

You agree to use the Eisner Health website only for lawful purposes. In using this website you agree not to do any of the following:

  • Use the website to violate the legal rights (including the rights of publicity and privacy) of others or to violate the laws of any jurisdiction or location;
  • Intercept or attempt to intercept electronic mail not intended for you;
  • Misrepresent an affiliation with any person or organization;
  • Misrepresent your identity or assume the identity of another person or organization;
  • Delete, modify, hack or attempt to change or alter any of the content;
  • Interfere with other users’ use of the website, including, without limitation, disrupting the normal flow or use of the service;
  • Attempt to (1) probe, scan, “hack”, or test the vulnerability of the website or any Eisner Health system or network; or (2) breach any security or authentication measures on the website or any Eisner Health system connected to either the website or any Eisner Health system
  • Post, upload, or transmit any file which contains “viruses,” “worms,” “Trojan horse” or any other contaminating or destructive features;
  • Use any robot, spider or other automatic or manual device or process for the purpose of harvesting or compiling information on the website for purposes other than for a generally available search engine;
  • Use any Eisner Health names or logos without our prior written consent, including without limitation as metatags, search engine keywords, or hidden text;
  • Use any material or information, including text, images or photographs, which are made available through the website in any manner that infringes any copyright, trademark, patent, trade secret, rights of publicity or other proprietary right of any party;
  • Reverse engineer, reverse assemble, reverse compile, decompile, disassemble, translate or otherwise defraud or create false results from any executable code, or information on or received by the website; or
  • Use the content or the website in an unlawful way or for an unlawful or illegitimate purpose, or in any manner inconsistent with these Terms of Use. 

Your failure to comply with these provisions may expose you to civil and/or criminal liability.

Communications via Text Message

You verify that any telephone information provided to Eisner Health is true and accurate, and that you are the current subscriber or owner of any telephone number that you provide. To update your mobile number, please contact Eisner Health.

You acknowledge that by voluntarily providing your telephone number(s), you expressly agree to receive prerecorded voice messages and/or autodialed calls, and text messages from us, our agents, affiliates, and independent contractors related to your relationship with Eisner Health. You acknowledge that automated calls or text messages may be made to your telephone number(s) even if your telephone number(s) is registered on any state or federal Do Not Call list. You agree to receive automated calls and text messages from Eisner Health, our agents, affiliates, and independent contractors even if you cancel your account or terminate your relationship with us, except if you opt-out.

You acknowledge that neither Eisner Health nor wireless carriers are liable for delayed or undelivered messages. Message and data rates may apply and message frequency varies for any messages sent to you from us and to us from you. If you have any questions about your text plan or data plan, it is best to contact your wireless carrier.

You acknowledge that you are aware text messages are not fully secure and could be intercepted by a third party and acknowledge if you share your mobile device with others, they may be able to view text messages sent by Eisner Health. It is your responsibility to understand the risks of receiving text messages on your mobile device.

At any time, and even if you have expressly given us permission to send voice/text messages to you, you may communicate your desire not to receive additional voice/text messages by following the stop or opt-out instructions in the voice or text message. You may re-subscribe to any or all voice/text campaign categories by contacting Eisner Health.

Privacy

Eisner Health’s use of your personal information and your responsibilities in connection with protecting your privacy are described in our privacy policy available here. This Privacy Policy is incorporated by reference into these Terms of Use.

Third Party Links

The Eisner Health website may contain links to other web sites on the Internet. Eisner Health is not responsible for and does not endorse the content, products or services of any third-party web sites, including, without limitation, sites framed within the Eisner Health website or third-party advertisements, and does not make any representations regarding their quality, content or accuracy. Your use of third-party web sites is at your own risk and subject to the terms and conditions of use for such web sites. Please review the privacy statement and any terms of use of each third-party website you visit, if applicable. Unless we specifically advise you otherwise, links to third-party websites do not constitute or imply endorsement by Eisner Health of those sites, the information they contain or any products or services they describe.

Choice of Law

Eisner Health is based in California. Eisner Health makes no representation that materials in this website are appropriate or available for use in other locations.

THESE TERMS AND CONDITIONS ARE GOVERNED BY CALIFORNIA LAW WITHOUT REGARD TO ITS PRINCIPLES OF CONFLICTS OF LAW.

Disclaimer

THE SITE, AND ANY CONTENT, INFORMATION, SERVICES OR PRODUCTS OBTAINED THROUGH THE SITE IS PROVIDED “AS IS,” WITH ALL FAULTS, WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. YOUR USE OF THE SITE IS VOLUNTARY, AND AT YOUR OWN RISK. ANY REFERENCES TO SPECIFIC PRODUCTS OR SERVICES ON THE SITE DOES NOT CONSTITUTE OR IMPLY A RECOMMENDATION OR ENDORSEMENT OF SUCH PRODUCTS OR SERVICES BY EISNER HEALTH UNLESS SPECIFICALLY STATED OTHERWISE.

Limitation of Liability

EISNER HEALTH AND ITS AFFILIATES, SUPPLIERS, LICENSORS AND OTHER THIRD PARTIES MENTIONED OR LINKED TO ON THE SITE ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION) ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE, AND ANY CONTENT, INFORMATION, SERVICES OR PRODUCTS OBTAINED THROUGH THE SITE, AND/OR ANY THIRD PARTY WEBSITE, OR YOUR USE OF ANY OF THE FOREGOING, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. EXCEPT AS DESCRIBED IN THE FOLLOWING PARAGRAPH, YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE, SITE-RELATED SERVICES, AND/OR THIRD-PARTY WEBSITES IS TO STOP USING THE SITE, AND/OR THOSE SERVICES.

APPLICABLE LAWS MAY NOT ALLOW SUCH DISCLAIMER OF WARRANTIES, LIMITATIONS OF LIABILITY, OR THE EXCLUSIONS FROM SUCH LIABILITY, AND YOU MAY BE ENTITLED TO SEEK OTHER REMEDIES UNDER YOUR EVIDENCE OF COVERAGE OR OTHER AGREEMENT WITH EISNER HEALTH. IN SUCH CASE, THE ABOVE DISCLAIMERS, LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.

Contact Information

Please contact Eisner Health via email at info@eisnerhealth.org or via telephone at (213)747-5542 if you become aware of any content that may infringe the copyright of a third party or that you believe to be in violation of these Terms of Use or with questions or comments you may have.