Terms of Service
HealthShare Widgets ("HealthShare Widgets"), which are published by HealthShare ("HealthShare"), to provide access to content on www.healthshare.com.au from points outside of the www.healthshare.com.au domain. These Widgets Terms of Use govern your use of HealthShare Widgets. The use of the HealthShare Widgets also is subject to the terms and conditions of the HealthShare Terms of Service and Privacy Policy, which governs the use of HealthShare's website, information services and content. These Widgets Terms of Use and the HealthShare Terms of Service and Privacy Policy may be changed by HealthShare at any time without notice. If you object to any such changes, your sole recourse is to stop using the HealthShare Widgets and remove the HealthShare Widgets (and associated software code) from your website.
HealthShare Widgets and Widget Content
HealthShare Widgets are tools which you may place on your website which allows visitors to your website to access and view content on the HealthShare website. You acknowledge and agree that these tools may without limitation, display HealthShare logos, questions which link to answers located at www.healthshare.com.au, search boxes which link to content located at www.healthshare.com.au, and advertising for HealthShare and third party products and services (collectively, "Widget Content"). HealthShare Widgets consist of the Widget Content, and as well as all software files or images incorporated in, or generated by, the HealthShare Widgets and any and all data and html embedded code that accompanies the HealthShare Widgets, and any upgrades, enhancements, modifications, updates and revisions of such software and code. If you object to any Widget Content, your sole recourse is to stop using HealthShare Widget and removing the HealthShare Widget (and associated software code) from your website.
License and Restrictions on Use
Subject to your compliance with these Widgets Terms of Use, HealthShare hereby grants you a non-exclusive, non-transferable, non-sub licensable, revocable license to use and display the HealthShare Widget on your website solely for non-commercial use as permitted by these Widgets Terms of Use or as authorised in writing by HealthShare. You are not licensed to use the HealthShare Widget for any other purpose, and nothing in these Widgets Terms of Use shall be deemed to grant you any right, title or interest in the HealthShare Widget. The HealthShare Widget (including the software contained therein) and the Widget Content, are protected under Australian copyright laws, are subject to other intellectual property and proprietary rights and laws, and are owned by HealthShare. Subject solely to the express parameters of the limited license granted to you pursuant to this paragraph, the HealthShare Widget and the Widget Content may not be copied, modified, deleted, reproduced, republished, posted, transmitted, sold, offered for sale, or redistributed in any way without your obtaining the express prior written permission in each instance of HealthShare. In addition, neither Widget Content nor content at HealthShare accessed through the HealthShare Widget may be used in any manner that would constitute an endorsement (whether express or implied) by any person or entity of any product(s), service(s), activity(ies) or brand(s) contained on your website(s).
Placement of Widgets
HealthShare Widgets may be placed on your website(s) and on your pages at online social network sites, to the extent permitted by such sites. HealthShare prohibits the placement of widgets on sites that include content that is offensive, abusive, harassing, threatening, discriminatory, vulgar, pornographic, or otherwise inappropriate as determined by HealthShare in its sole discretion.
Link to Content Pages
The Widgets may be used only with those platforms from which a functional link is made available that, when accessed, takes the viewer directly to the display of the full article or other information on the HealthShare Site. You may not display the Widget Content in a manner that does not permit successful linking to, redirection to or delivery of the applicable HealthShare web page. You may not insert any intermediate page, splash page or other content between the HealthShare Widget link and the applicable HealthShare web page.
Fees
We reserve the right at any time to charge fees for access to HealthShare Widgets. In no event will you be charged unless we obtain your prior agreement to pay such charges although, if you decline to pay such charges, we may require that you remove any HealthShare Widgets from your website.
Ownership/Attribution
HealthShare retains all ownership and other rights in the Widget Content. HealthShare retains all ownership and other rights in the HealthShare logos and trademarks. All rights reserved. All other trademarks appearing in the Widget Content are the property of their respective owners. You acknowledge and agree that we may use data capture, syndication analysis and other similar tools to track, extract, compile, aggregate and analyse any data or information resulting from use of a HealthShare Widget.
Right to Discontinue Widgets
HealthShare reserves the right to discontinue providing any or all of the HealthShare Widgets at any time and to require you to cease displaying, distributing or otherwise using any or all of the HealthShare Widgets for any reason including, without limitation, your violation of any provision of these Widgets Terms of Use. Neither HealthShare, nor any of its respective affiliates, sponsors, or licensors assume any liability for any of your activities in connection with the HealthShare Widgets or for your use of the Widgets in connection with your website, and you agree to indemnify, defend and hold HealthShare and its respective affiliates, sponsors, or licensors harmless form and against any claims arising from such activities or use.
No Warranty
HEALTHSHARE DISCLAIMS ANY RESPONSIBILITY FOR ANY HARM RESULTING FROM YOUR USE OF THE HEALTHSHARE WIDGETS. THE HEALTHSHARE WIDGETS ARE PROVIDED "AS IS," WITH NO WARRANTIES WHATSOEVER. HEALTHSHARE EXPRESSLY DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. HEALTHSHARE FURTHER DISCLAIMS ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AVAILABILITY, AND PERFORMANCE OF THE HEALTHSHARE WIDGETS. YOU UNDERSTAND AND AGREE THAT YOU USE THE HEALTHSHARE WIDGETS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE USE OF WIDGETS OR HEALTHSHARE.
Limitation of Liability
THE HEALTHSHARE WIDGETS ARE BEING PROVIDED FREE OF CHARGE. ACCORDINGLY, YOU AGREE THAT HEALTHSHARE SHALL HAVE NO LIABILITY ARISING FROM OR BASED ON YOUR USE OF THE HEALTHSHARE WIDGETS. THIS LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF HEALTHSHARE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE HEALTHSHARE WIDGETS, FROM INABILITY TO USE THE HEALTHSHARE WIDGETS OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE HEALTHSHARE WIDGETS (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). SUCH LIMITATION SHALL APPLY NOTWITHSTANDING A FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW. UNDER NO CIRCUMSTANCES SHALL HEALTHSHARE BE LIABLE TO YOU UNDER ANY CIRCUMSTANCE. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
General Provisions.
These Widgets Terms of Use will be governed by and construed in accordance with the laws of New South Wales, Australia. If for any reason a court finds any provision or portion of these Widgets Terms of Use to be unenforceable, the remainder of these Widgets Terms of Use will continue in full force and effect. These Widgets Terms of Use constitute the entire agreement between the parties with respect to the subject matter hereof and supersede and replace all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter.
Health Disclaimer
We have created and compiled the content Widget Content for your information and use. This information is not intended to replace or modify the medical advice of your doctor or health care provider. Please consult your health care provider for advice absent a specific medical condition. Please remember that the information and content, in the absence of a visit with a health care professional, must be considered as an informational/educational service only and is not designed to replace a healthcare professionals independent judgment about the appropriateness of risks of a procedure or condition for a given patient.
