Health Matters Magazine

Terms of Use

THE SITE DOES NOT PROVIDE MEDICAL ADVICE.
Health Matters Magazine is a duly licensed and registered trademark of Bender Publications, LLC, d/b/a Health Matters Magazine, and HealthMattersMag.com. Bender Publications, LLC will be included when referring herein to Health Matters Magazine or HealthMattersMag.com, Contents of Health Matters Magazine and HealthMattersMag.com (together “Health Matters”), such as text, graphics, images, information obtained from Health Matter’s licensors, and other material contained in Health Matters ("Content") are for informational purposes only. The content is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health provider with any question you may have regarding a medical condition.
If you think you may have a medical emergency, call your doctor or 911 immediately. Health Matters does not recommend or endorse any specific tests, physician, products, procedures, opinions, or other information that may be mentioned in Health Matters. Reliance on any information provided by Health Matters, Health Matters’ employees, others appearing on Health Matters Web site or magazine, or at the invitation of Health Matters, or other visitors to the Web site or magazine is solely at your own risk. Health Matters may contain health-or-medical- related materials that are sexually explicit. If you find these materials offensive, you may not want to view Health Matters.

LIABILITY OF HEALTH MATTERS AND ITS LICENSORS.
The use of the Health Matters Content is at your own risk. When using this Web site, information will be transmitted over a medium that may be beyond the control and jurisdiction of Health Matters and its suppliers. Accordingly, Health Matters assumes no liability for or relating to the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Health Matters Web site.
The Health Matters Web site and magazine’s Content are provided on an "as is" basis. HEALTH MATTERS, ITS LICENSORS, AND ITS SUPPLIERS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGMENT OF THIRD PARTIE'S RIGHT, AND FITNESS FOR PARTICULAR PURPOSE.
Without limiting the foregoing, Health Matters, its licensors, and its suppliers make no representations or warranties about the following:

1. The accuracy, reliability, completeness, currentness, or timeliness of the Content, software, text, graphics, links, or communications provided on or through the use of Health Matters.
2. The satisfaction of any government regulations requiring disclosure of information on prescription drug products or the approval or compliance of any software tools with regard to the Content contained on the Health Matters Web site or in the magazine.

In no event shall Health Matters, its licensors, its suppliers, or any third parties mentioned on the Health Matters Web site or magazine be liable for any damages (including, without limitation, incidental and consequential damages, personal injury/wrongful death, lost profits, or damages resulting from lost data or business interruption) resulting from the use of or inability to use the Health Matters Web site or the Content, whether based on warranty, contract, tort, or any other legal theory, and whether or not Health Matters is advised of the possibility of such damages.
Health Matters is not liable for any personal injury, including death, caused by your use or misuse of the Site, Content, or Public Areas (as defined below). Any claims arising in connection with your use of the Site, any Content, or the Public Areas must be brought within one (1) year of the date of the event giving rise to such action occurred. Remedies under these Terms of Use are exclusive and are limited to those expressly provided for in these Terms of Use.

ADVERTISEMENTS, SEARCHES AND LINKS TO OTHER SITES.
Health Matters may select certain sites as priority responses to search terms you enter and Health Matters may agree to allow advertisers to respond to certain search terms with advertisements or sponsored content. Health Matters does not recommend and does not endorse the content on any third -party Web sites. Health Matters is not responsible for the content of linked third-party sites, sites framed within the Health Matters Site, third-party sites provided as search results, or third-party advertisements, and does not make any representations regarding their content or accuracy. Your use of third-party Web sites is at your own risk and subject to the Terms of Use for such sites. Health Matters does not endorse any product advertised on the Health Matters Web site or in Health Matters Magazine.

INDEMNITY.
You agree to defend, indemnify, and hold Health Matters, its partners, officers, directors, employees, agents, licensors, and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of these Terms of Use.

GENERAL.
Health Matters is based in Wichita, KS, in the United States of America. Health Matters makes no claims that Health Matters Content is appropriate or may be downloaded outside of the United States. Access to the Content may not be legal by certain persons or in certain countries. If you access the Health Matters Web site from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.
The following provisions survive the expiration or termination of this Agreement for any reason whatsoever: Liability, User Submissions, Indemnity, Jurisdiction, and Complete Agreement.

JURISDICTION.
You expressly agree that exclusive jurisdiction for any dispute with Health Matters, or in any way relating to your use of the Health Matters Web site, resides in the courts of the State of Kansas and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the State of Kansas in connection with any such dispute including any claim involving Health Matters or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers, and content providers.
These Terms of Use are governed by the laws of the State of Kansas, without respect to its conflict of laws principles. If any provision of these Terms of Use is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any of these Terms of Use shall be deemed a further or continuing waiver of such term or condition or any other term or condition.

COMPLETE AGREEMENT.
These Terms of Use and the Health Matters Privacy Policy and Agreement constitute the entire agreement between you and Health Matters with respect to the use of Health Matters Magazine and Health Matters Web site, and Content.

By accessing, browsing, and/or using, in whole or in part, the Health Matters Web site and its Content and functionalities, you acknowledge that you have read, understand and agree to be legally bound by this Terms of Use Agreement (“TOUA”). Health Matters reserves the right to amend, remove, or add to the TOUA at any time and you agree that Health Matters may do so. Such modifications will be effective immediately upon the revised TOUA being posted to the Health Matters Web site. Accordingly, you should continue to review the TOUA whenever accessing, linking to, or using the Health Matters Web site. Your continued access, link to, or use of the Health Matters Web site, or any service, Content or functionality on the Health Matters Web site will constitute your acceptance of the TOUA, as modified. If, at any time, you do not wish to accept the TOUA, you may not access, link to, or use the Health Matters Web site. Any terms and conditions proposed by you which are in addition to or which conflict with the TOUA are expressly rejected by Health Matters and shall be of no force or effect.

Thank you for your cooperation. We hope you find the Health Matters Web site and magazine helpful and convenient to use! Questions or comments regarding Health Matters, including any reports of non-functioning links, should be directed by electronic mail This e-mail address is being protected from spambots. You need JavaScript enabled to view it. .

Effective: December 2011