This Terms of Use Agreement ("Agreement") is made by and between Samepage, Inc., a Washington corporation, ("Samepage") and you ("you," "your" or "User"). This Agreement contains the terms and conditions that govern your use of this website.

 

BY CLICKING THE "I AGREE" BUTTON OR BY ACCESSING, VISITING, BROWSING, USING OR ATTEMPTING TO INTERACT WITH ANY PART OF THIS WEBSITE, OR OTHER SAMEPAGE SERVICES (COLLECTIVELY "SERVICES"), YOU AGREE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, DO NOT ACCESS OR USE ANY PART OF THIS WEBSITE.

 

SAMEPAGE RESERVES THE RIGHT, FROM TIME TO TIME, WITH OR WITHOUT NOTICE TO YOU, TO MAKE CHANGES TO THIS AGREEMENT IN SAMEPAGE’S SOLE DISCRETION. CONTINUED USE OF ANY PART OF THIS WEBSITE CONSTITUTES YOUR ACCEPTANCE OF SUCH CHANGES. THE MOST CURRENT VERSION OF THIS AGREEMENT, WHICH SUPERCEDES ALL PREVIOUS VERSIONS, CAN BE REVIEWED BY CLICKING ON THE "TERMS OF USE" HYPERLINK LOCATED AT THE BOTTOM OF EVERY PAGE ON THIS WEBSITE.

2. RESTRICTIONS ON USE

 

The contents of this site are for informational and educational purposes only. Nothing found on this website is intended to be a substitute for professional psychological, psychiatric or medical advice, diagnosis, or treatment. Using, accessing, and/or browsing this site does not create a physician-patient or provider-patient relationship. An accurate diagnosis for psychological, psychiatric or medical disorders can only be made by a physician or qualified healthcare provider or mental health professional after a complete evaluation, including a physical or mental status exam to rule out any medical or mental illnesses or conditions.

 

Always seek the advice of your physician, healthcare provider or qualified mental health provider with any questions you may have regarding a medical condition or mental disorder. Never disregard professional medical advice or delay in seeking it because of something you have read on this site.

 

If you think you may have a medical emergency, call your doctor or 911 immediately. Samepage does not recommend or endorse any specific tests, physicians, products, procedures, opinions, or other information that may be mentioned on this website.

 

This site is not appropriate for, and is not intended for use by persons under age 18. Persons under age 18 are advised to talk with their parents or guardians about seeing a physician or qualified mental health professional for a complete evaluation.

 

You may use this site for purposes expressly permitted by this site. As a condition of your use of this site, you warrant to Samepage that you will not use the site for any purpose that is unlawful or prohibited by these terms, conditions, and notices. For example, you may not (and may not authorize any party to) co-brand this site without the express prior written permission of an authorized representative of Samepage. For purposes of these Terms of Use, "co-branding" means to display a name, logo, trademark, or other means of attribution or identification of any party in such a manner as is reasonably likely to give a user the impression that such other party has the right to display, publish, or distribute this site or content accessible within this site. You agree to cooperate with Samepage in causing any unauthorized co-branding to immediately cease. In addition, you may not use the website in any manner which could disable, overburden, damage, or impair the website or interfere with any other party's use and enjoyment of the website. You may not obtain or attempt to obtain any materials, content, or information through any means not intentionally made available or provided for through the website.

 

 

You may become a member of this site by completing and submitting a membership application. You do not have an automatic entitlement to membership and Samepage may, at it sole discretion elect to refuse, suspend, or restrict your membership at any time. Once membership is granted you will be able to access “members-only” areas of the site with use of a username and password you choose at the time you become a member. You must use reasonable efforts to keep your username and password confidential, and you are responsible for each and every access or use of this site that occurs in conjunction with the use of your username and password. Samepage will treat any personal information that you submit through this site in accordance with its Privacy Policy accessible at Samepagehealth.com Privacy Policy.   

 

 

This site may be hyper-linked to other sites which are not maintained by, or related to, Samepage. Hyper-links to such sites are provided as a service to users and are not sponsored by or affiliated with this site or Samepage. Samepage has not reviewed any or all of such sites and is not responsible for the content of those sites. Samepage is not responsible for webcasting or any other form of transmission received from any hyper-linked site. Hyper-links are to be accessed at the user's own risk, and Samepage makes no representations or warranties about the content, completeness or accuracy of these hyper-links or the sites hyper-linked to this site. Samepage provides hyper-links as a convenience, and the inclusion of any hyper-link to a third-party site does not necessarily imply endorsement by Samepage of that site or any association with its operators.

 

5. USE OF COMMUNICATION SERVICES

 

This website may contain forums, bulletin board services, chat areas, message boards, news groups, communities, calendars, and/or other message or communication facilities designed to allow you to communicate with the Internet community or with a group (collectively, "Communications Services"). You agree to use the Communication Services only to post, send and receive messages and content that are proper and related to the particular Communication Service.

 

If you make any submission via the Communication Services, you automatically grant (or warrant that the owner of such content or intellectual property has expressly granted) to Samepage a royalty-free, perpetual, irrevocable, world-wide nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, and display the content in any media or medium, or any form, format or forum now known or hereafter developed. Samepage may sublicense its rights through multiple tiers of sublicenses. If you wish to keep any of your information, ideas, or concepts private or proprietary, do not submit them via the Communications Services.

 

Among other actions, when using a Communication Service, you agree that you will not post, send, submit, publish, or transmit in connection with this site any material that:

 

i) you do not have the right to post, including proprietary material of any third party, such as files containing software or other material protected by intellectual property laws (or by rights of privacy or publicity);

 

ii) advocates illegal activity or discusses an intent to commit an illegal act;

 

iii) is vulgar, obscene, pornographic, or indecent;

 

iv) does not pertain directly to this site;

 

v) threatens or abuses others, libels, defames, invades privacy, stalks, is obscene, pornographic, racist, abusive, harassing, threatening or offensive;

 

vi) seeks to exploit or harm children by exposing them to inappropriate content, asking for personally identifiable details or otherwise;

 

vii) harvests or otherwise collects information about others, including e-mail addresses, without their consent;

 

viii) violates any law or may be considered to violate any law;

 

ix) impersonates or misrepresents your connection to any other entity or person or otherwise manipulates headers or identifiers to disguise the origin of the content;

 

x) falsifies or deletes any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is permissibly uploaded;

 

xi) advertises any commercial endeavor (e.g., offering for sale products or services) or otherwise engages in any commercial activity (e.g., conducting raffles or contests, displaying sponsorship banners, and/or soliciting goods or services) except as may be specifically authorized on this site;

 

xii) solicits funds, advertisers or sponsors;

 

xiii) includes programs that contain viruses, worms and/or Trojan horses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications;

 

xiv) disrupts the normal flow of dialogue, causes a screen to scroll faster than other users are able to type, or otherwise act in a way which affects the ability of other people to engage in real time activities via this site;

 

xv) amounts to a "pyramid" or other like scheme, including contests, chain letters, and surveys;

 

xvi) disobeys any policy or regulations including any code of conduct or other guidelines, established from time to time regarding use of this site or any networks connected to this site; or

 

xvii) contains hyper-links to other sites that contain content that falls within the descriptions set forth above.

 

Samepage reserves the right to monitor use of this site to determine compliance with these Terms of Use, as well as the right to remove or refuse any information for any reason. Samepage reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever. Samepage reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in its sole discretion. Materials uploaded to a Communication Service may be subject to posted limits on use, reproduction and/or dissemination and you are responsible for abiding by such limitations with respect to your submissions, including any downloaded materials.

 

Notwithstanding these rights, you remain solely responsible for the content of your submissions to the Communication Services. You acknowledge and agree that neither Samepage nor any third party that provides Content to Samepage will assume or have any liability for any action or inaction by Samepage or such third party with respect to any submission. Samepage cautions you against giving out any personally identifying information about yourself or your children in any Communication Service. Samepage does not control or endorse the content, messages or information found in any Communication Service and, consequently, Samepage specifically disclaims any liability with respect to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized Samepage spokespersons, and their views do not necessarily reflect those of Samepage.

 

THIS WEBSITE IS NOT A SUBSTITUTE FOR, IS NOT DESIGNED FOR, AND DOES NOT PROVIDE MEDICAL ADVICE. SAMEPAGE SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTIES WHO DISREGARD PROFESSIONAL MEDICAL ADVICE, OR DELAY IN SEEKING SUCH ADVICE, BECAUSE OF SOMETHING YOU HAVE LEARNED THROUGH USE OF THIS WEBSITE. SAMEPAGE SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY IF YOU RELY ON INFORMATION ON THIS WEBSITE IN PLACE OF SEEKING PROFESSIONAL ADVICE. RELIANCE ON ANY INFORMATION CONTAINED ON THIS WEBSITE IS SOLELY AT YOUR OWN RISK.

MOREOVER, SAMEPAGE IS NOT RESPONSIBLE OR LIABLE TO YOU OR ANY THIRD PARTY FOR ANY ADVICE, COURSE OF TREATMENT OR DIAGNOSIS PROVIDED BY A PHYSICIAN OR OTHER HEATH CARE PROFESSIONAL. SAMEPAGE NEITHER RECOMMENDS NOR ENDORSES ANY SPECIFIC TESTS, PRODUCTS, PROCEDURES, OPINIONS OR OTHER INFORMATION THAT MAY BE RECOMMENDED TO A YOU BY A HEALTH CARE PROFESSIONAL.

YOUR USE OF THIS SITE IS AT YOUR OWN RISK. THE CONTENT IS PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED. SAMEPAGE DISCLAIMS ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. SAMEPAGE DOES NOT WARRANT THAT THE FUNCTIONS OR CONTENT CONTAINED IN THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. SAMEPAGE DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING USE, OR THE RESULT OF USE, OF THE CONTENT IN TERMS OF ACCURACY, RELIABILITY, OR OTHERWISE. THE CONTENT MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS, AND SAMEPAGE MAY MAKE CHANGES OR IMPROVEMENTS AT ANY TIME. YOU, AND NOT SAMEPAGE, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY LOSS OR DAMAGE ARISING FROM THE USE OF THIS SITE OR ITS CONTENT.

SAMEPAGE DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE OR ANY HYPERLINKED WEBSITE OR SERVICE, OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND SAMEPAGE WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
 

SAMEPAGE, ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS WILL NOT BE LIABLE FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES, INCLUDING LOSS OF REVENUE OR INCOME, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR SIMILAR DAMAGES, EVEN IF SAMEPAGE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL THE COLLECTIVE LIABILITY OF SAMEPAGE AND ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE GREATER OF $100 OR THE AMOUNT YOU HAVE PAID TO SAMEPAGE FOR THE APPLICABLE CONTENT OR SERVICE OUT OF WHICH LIABILITY AROSE.

8. TERMINATION OR RESTRICTION OF ACCESS

 

Samepage reserves the right, in its sole discretion, to terminate your access to the website and the related services or any portion thereof at any time, without notice.

9. INDEMNITY

You will indemnify and hold Samepage, its subsidiaries, affiliates, licensors, content providers, service providers, employees, agents, officers, directors, and contractors (the "Indemnified Parties") harmless from any breach of these Terms of Use by you, including any use of Content other than as expressly authorized in these Terms of Use. You agree that the Indemnified Parties will have no liability in connection with any such breach or unauthorized use, and you agree to indemnify any and all resulting loss, damages, judgments, awards, costs, expenses, and attorneys' fees of the Indemnified Parties in connection therewith. You will also indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of your use of the information accessed from this site.

10. TRADEMARKS AND COPYRIGHTS

 

Trademarks, service marks, logos, and copyrighted works appearing in this site are the property of Samepage or the party that provided the trademarks, services marks, logos, and copyrighted works to Samepage. Samepage and any party that provided trademarks, service marks, logos, and copyrighted works to Samepage retain all rights with respect to any of their respective trademarks, service marks, logos, and copyrighted works appearing in this site. SAMEPAGE, VISITPREP, DIAPRESSION and the SAMEPAGE logo are trademarks of Samepage, Inc. The VisitPrep tool is Patent Pending, U.S. App. No. 13/039,608.

 

 

If you believe that a work of which you are the owner is infringed on this site, please forward the following information to Samepage at support@samepagehealth.com.

 

a.     your address, telephone number, and email address;

b.     a description of the location of the alleged infringing material;

c.     a description of the work you claim has been allegedly infringed.

 

In submitting a claim, you warrant that the information given in the claim is accurate and that you are either the lawful owner or are authorized to act on the owner’s behalf. Upon receipt of a claim, Samepage will perform a reasonable investigation and will, in its sole discretion, determine whether to remove the offending content.

12. SECURITY

 

Any passwords used for this site are for individual use only. You will be responsible for the security of your password (if any). Samepage will be entitled to monitor your password and, at its discretion, require you to change it. If you use a password that Samepage considers insecure, Samepage will be entitled to require the password to be changed and/or terminate your account.

 

You are prohibited from using any services or facilities provided in connection with this site to compromise security or tamper with system resources and/or accounts. The use or distribution of tools designed for compromising security (e.g., password guessing programs, cracking tools or network probing tools) is strictly prohibited. If you become involved in any violation of system security, Samepage reserves the right to release your details to system administrators at other sites in order to assist them in resolving security incidents. Samepage reserves the right to investigate suspected violations of these Terms of Use.

 

Samepage reserves the right to fully cooperate with any law enforcement authorities or court order requesting or directing Samepage to disclose the identity of anyone posting any e-mail messages, or publishing or otherwise making available any materials that are believed to violate these Terms of Use. BY ACCEPTING THIS AGREEMENT YOU WAIVE AND HOLD HARMLESS SAMEPAGE FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY SAMEPAGE DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER SAMEPAGE OR LAW ENFORCEMENT AUTHORITIES.

 

 

 

 

These Terms of Use will be governed and interpreted pursuant to the laws of the state of Washington, United States of America, notwithstanding any principles of conflicts of law. You specifically consent to personal jurisdiction in Washington in connection with any dispute between you and Samepage arising out of these Terms of Use or pertaining to the subject matter hereof. The parties to these Terms of Use each agree that the exclusive venue for any dispute between the parties arising out of these Terms of Use will be in the state and federal courts in King County, Washington.

 

If any part of these Terms of Use is unlawful, void or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions.

 

You agree that no joint venture, partnership, employment, or agency relationship exists between you and Samepage as a result of this agreement or use of this website.

 

These Terms of Use constitute the entire agreement among the parties relating to this subject matter and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written between the user and Samepage with respect to this website.

 

A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Notwithstanding the foregoing, any additional terms and conditions on this site will govern the items to which they pertain.

 

Samepage may revise these Terms of Use at any time by updating this posting.