PACK HEALTH LLC WEBSITE TERMS AND CONDITIONS OF USE
The www.packhealth.com website (the “Website”) is provided by PACK Health, LLC (sometimes referred to herein as “PACKHealth”, “we”, “us” or “our”) for your convenience and for general information purposes only in conjunction with use of the health information kit prescribed by your physician (your “PACK”). All access to and use of the Website, including any use or reliance on the information on the Website, is provided subject to these Website Terms and Conditions of Use (the “Terms”). By accessing the Website or downloading or using the information on the Website, you agree to be bound by these Terms.
NO MEDICAL ADVICE / MEDICAL EMERGENCIES
Although medical and health information may be provided on the Website, the material is for informational purposes only and is not a substitute for proper professional medical advice, diagnosis, treatment or care. Always seek the advice of a physician or other qualified health provider with any questions you may have regarding a medical condition or treatment option. In no event shall PACKHealth be liable to you or to anyone else for any decision or action taken by you or your caregiver in reliance on the information available on the Website. Never disregard professional medical advice or delay seeking medical advice because of something you have read on the Website. If you think you may have a medical emergency, call your doctor or 911 immediately.
The information contained in this website may include educational and informational material to augment or further the materials contained in your Pack, and may include, as examples only, care plans, training programs, risk management tools, life style modification information and disease management tools (all information available on the Website is collectively referred to in these Terms as the “Content”). The Content is provided for your personal, non-commercial use only. You may not sell, give, or otherwise distribute the Content to anyone, other than by referring others to this Website. PACKHealth allows you to access, view, use, display and download the Website and the Content, but you do not receive any ownership in or to the Website or the content or any copies thereof. You may share the Content only with your physician(s) and your caregiver. If we provide social media features with certain Content on the Website, you may take such actions as are enabled by such features. Organizations, companies and/or businesses may not become members of the Website and may not use the Website or Content without the prior express written consent of PACKHealth.
The Website contains material which is protected by copyright and trademark laws and is exclusively owned by PACKHealth and/or its licensors, including, but not limited to, the PACKHealth and PACK names, the Content and the Website layout. Neither the Website, the Content, nor any portion therof may be modified, copied, reproduced, downloaded, posted, transmitted, transferred, sold or distributed in any form.
Your rights to access, view, use, display and download the are subject to the following restrictions: 1) you must retain, on all copies of the Content, all copyright and other proprietary notices contained in the Content on the Website; 2) you may not modify the Content in any way or reproduce or publicly display, perform, or distribute or otherwise use them for any public or commercial purpose; and 3) you must not transfer the Content to any other person (other than your physician or care-giver). You agree to abide by all additional restrictions displayed on the Website as it may be updated from time to time. You agree to comply with all copyright and other laws worldwide in your use of this Website and to prevent any unauthorized copying of the Content. Except as expressly provided, PACKHealth does not grant any express or implied right to you under any patents, trademarks, copyrights or trade secret information.
PACKHealth reserves the right to change or terminate the Website at any time, in our sole discretion, with or without notice. We will not be responsible if, for any reason, all or any part of the Website is unavailable.
USE OF THE WEBSITE
We make the Website available to provide you with information we believe you will find useful. Although there is some medical and health information published on this Website, this information is no substitute for proper medical advice, diagnosis, treatment or care. We encourage you to review all information on the Website and to consult your physician if you still have questions. In no event shall PACKHealth be liable to you or anyone else for decisions or action taken by you in reliance on information on the Website. No physician-patient or treatment relationship shall be created solely by you accessing the Website or using information posted on the Website.
We may prohibit or enjoin any conduct or use of this Website or the Content that restricts or prevents other users from using the Website or Content or that otherwise violates these Terms. We have the right to restrict, suspend or terminate access to any user for any reason at any time in our sole discretion. Notwithstanding the above, we have no obligation to monitor the use of the Website, but reserve the right to do so. PACKHealth has no obligation to maintain, store, or transfer to you information or data that you have posted on or uploaded to the Website.
If you post or upload anything to the Website, it must comply with our Posted Content Standards set out in these Terms.
You may not use any robot, spider, scraper, or other automated means to access the Website or the Content for any purposes. You shall not attempt to make the Website and/or the Content unavailable through denial-of-service attacks or similar means. You shall not use contact information provided by users, or collect information about our users, to facilitate the sending of unsolicited bulk communications such as SPAM.
If you submit to the Website or otherwise exchange communications, content or materials via the Website, including, any personal or commercial information, ideas, concepts or inventions, you irrevocably grant to PACKHealth an unrestricted, worldwide, royalty free license to use, reproduce, display publicly, perform, publish, transmit and distribute such materials and you further agree that PACKHealth is free to use any ideas, concepts or know-how that you provide to PACKHealth.
You are responsible for making all arrangements necessary for you to have access to the Website and ensuring that all persons who access the Website through your internet connection or using any access credentials we provide to you, are aware of these Terms and comply with these terms. You agree to use this Website only for lawful purposes.
From the Website
Through the Website you are able to link to other websites which are not under the control of PACKHealth. We have no control over the nature, content and availability of those sites. The inclusion of any links on the Website is not and does not imply a recommendation or endorsement of the views expressed with the linked websites. All use of the linked websites is subject to the terms and conditions of the linked websites.
To the Website
You may link to the homepage of the Website, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part.
To the extent the Website may provide certain social media features you may use these features solely as they are provided to you, solely with respect to the Content they are displayed with and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:
You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice. We may disable all or any social media features and any links at any time without notice in our discretion.
TERMS OF SALE
The purchase price for the PACKS stated on the Website include all applicable taxes and shipping charges. Prices are subject to change without notice.
At this time, PACKHealth ships PACKS only to locations within the United States, and we cannot ship to Post Office Boxes. PACKHealth reserves the right to select the method of shipping. Title to the PACK transfers to you at the time the PACK is delivered to the carrier we select.
PACKHealth reserves the right to change or discontinue any or all of the PACK’s at any time. The PACK may be returned for any reason within fourteen (14) days of the date of shipment. You must return a receipt or a legible copy of your receipt with your PACK in order to be entitled to a refund. PACKS should be shipped to 3613 6th Ave. South, Birmingham, AL 35222 to request a refund.
Upon receipt of a return, PACKHealth will inspect the PACK and upon confirming the presence of all materials in the PACK, we will refund the purchase price in the original method of payment. You are responsible for all shipping charges associated with the return.
After 14 days, all sales are final.
PACKHealth has engaged a "Payment Provider" to handle payment transactions, and the current Payment Provider is Stripe. You may make payments by credit card, Pay Pal, or bank drafts and our Payment Provider facilitates those transactions. The information provided to the Payment Provider and the handling of the payment transaction is governed by the Payment Provider's terms and conditions of use and privacy policies which are accessible here
All users represent and warrant that the information they provided when accessing the Website, making a purchase and/or registering as a member, and all information that they subsequently provide regarding themselves and their membership, is true and accurate and not misleading.
Although PACKHealth attempts to keep the Content accurate, up-to-date, and complete PACKHealth cannot attest at all times to, and makes no warranty regarding the quality, accuracy, completeness, timeliness, or correctness of the Content. PACKHealth makes no warranties, express or implied, regarding errors or omissions and assumes no liability for loss or damage resulting from the use of Content and/or the Website. ALL INFORMATION ON THIS WEBSITE IS PROVIDED “AS IS”, “WITH ALL FAULTS”, AND “AS AVAILABLE.”
When you use the Website, any information that you submit will be trasnmistted via the Internet and such transmission is beyond our control. PACKHealth makes no warranty and expressly disclaims all warranties that the Website or the Content will be uninterrupted or error free, free of transmission errors, or free of viruses or other harmful components or programs.
We do not assume any liability for or relating to the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of this Website. We do not assume any liability for loss or damage to your computer systems or networks as a result of your use of this Website. While we use reasonable security measures to protect use of the Website and the Content, electronic storage of and access to data is never 100% secure or guaranteed. WITHOUT LIMITING THE FOREGOING, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTE DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
The advice, recommendations, information, and conclusions posted or emailed by other users of the website are not in any way vetted, approved or endorsed by PACKHealth, and you use such information at your own risk.
PACKHealth’s sole obligation and liability for product defects shall be, at PACKHealth’s option to replace the defective PACK or the defective portion of the PACK or to refund the amount you paid for the PACK in the original form of payment. Any defects must be reported to PACKHealth within the return period. PACKHealth shall have no obligations under this warranty if the PACK has been damaged by neglect, misuse, accident or modification. PACKHealth shall not be liable for defective PACKs any an amount in excess of the amount you paid for your PACK.
EXCEPT FOR THE WARRANTY EXPRESSLY SET FORTH IN THESE TERMS, PACKHEALTH MAKES NO WARRANTY, EXPRESS OR IMPLIED, WITH REGARD TO THE PACKS, AND PACKHEALTH EXPRESSLY DISCLAIMS ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULARLY PURPOSE AND NON-INFRINGEMENT.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL PACKHEALTH OR ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR REPRESENTATIVES BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSSES, COSTS OR DAMAGES SUFFERED OR INCURRED AS A RESULT OF USE OF THE WEBSITE, THE CONTENT, THE PACKS OR ANY OTHER INFORMATION OR MATERIAL ON THE WEBSITE OR IN THE PACKS OR SUFFERED OR INCURRED AS A RESULT OF FAULTS, INTERRUPTIONS, OR DELAYS IN THE USE OF THE WEBSITE, OR OUT OF ANY INACCURACIES, ERRORS, OR OMISSIONS IN THE CONTENT, OR ANY OTHER INFORMATION OR MATERIALS ON THE WEBSITE, REGARDLESS OF HOW SUCH FAULTS, INTERRUPTIONS, DELAYS, INACCURACIES, ERRORS, OR OMISSIONS ARISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
WITHOUT LIMITING THE FOREGOING, IN NO EVENT WILL PACKHEALTH BE LIABLE FOR ANY LOSSES OR DAMAGES, IN THE AGGREGATE, IN EXCESS OF THE LESSER OF THE AMOUNT YOU HAVE PAID TO PACKHEALTH, IF ANY, FOR ACCESS TO THE WEBSITE IN THE TWELVE MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE LOSS OR DAMAGE OR TWENTY-FIVE DOLLARS (US $25.00), NOTWITHSTANDING ANY CLAIM THAT SUCH REMEDY FAILS OF ITS ESSENTIAL PURPOSE. If you are dissatisfied with any content, or any other materials or information provided on this Website or with the use of this Website, your sole and exclusive remedy is to discontinue using the Website.
FURTHER, IN NO EVENT WILL PACKHEALTH BE LIABLE FOR ANY LOSSES OR DAMAGES ASSOCIATED WITH THE PACK(S) THAT ARE, IN THE AGGREGATE, IN EXCESS OF THE AMOUNT YOU PAID FOR THE PACK(S).
If you cause a technical disruption of the Website, you are responsible for any and all liabilities, costs and expenses (including reasonable attorneys’ fees and costs of enforcement) arising from or related to that disruption. You agree to indemnify, defend, and hold harmless PACKHealth and its officers, employees, agents, subsidiaries, affiliates, directors and partners, from and against any third party action, suit, claim or demand and any associated losses, expenses, damages, costs and other liabilities (including reasonable attorneys’ fees), arising out of or relating to your use or misuse of any portion of the Website and/or the Content, or your violation of these Terms.
POSTED CONTENT STANDARDS
Certain portions of the Website allow you and other users to post, submit, publish, display or transmit to other users or other persons (hereinafter, "post") content or materials (collectively, "User Contributions") on or through the Website. All User Contributions must comply with these Posted Content Standards
Any User Contribution you post to the Website will be considered non-confidential and non-proprietary. By providing any User Contribution on the Website, you grant us and our licensees, successors and assigns the right to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties any such material for any purpose. You represent and warrant that you own or control all rights in and to your User Contributions and have the right to grant the license granted above to us and our licensees, successors and assigns and that all of your User Contributions do and will comply with these Terms.
You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not PACKHealth, have full responsibility for your User Contributions, including its legality, reliability, accuracy and appropriateness. We are not responsible, or liable to any third party, for the content or accuracy of any User Contributions posted by you or any other user of the Website.
These Posted Content Standards apply to any and all User Contributions and Posts. User Contributions must in their entirety comply with all applicable federal, state, local and international laws and regulations. Without limiting the foregoing, User Contributions must not:
POSTED CONTENT STANDARDS
At all times, PACKHealth reserves the right, but assumes no obligation to monitor User Contributions. PACKHealth reserves the right to (a) take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates these Terms, including the Posted Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Website or the public or could create liability for PACKHealth; (b) take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website; or (c) terminate or suspend your access to all or part of the Website for any or no reason.
Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website. YOU WAIVE AND AGREE TO HOLD HARMLESS PACKHealth AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
GOVERNING LAW / VENUE
This Agreement shall be governed by the laws of the state of Alabama and the applicable federal laws of the United States. You agree that all disputes arising under, or in any way connected with the Website, the Content, or the use thereof shall be litigated exclusively in the state and federal courts residing in the state of Alabama, county of Jefferson, and in no other court or jurisdiction.
You irrevocably waive any right you may have to a trial by jury in the event of any dispute with PACKHealth, its officers, directors, employees, contractors or agents arising out of or resulting from your use of the Website or the Content contained therein, and agree that any such claims shall be tried to a judge sitting without a jury.
LIMITATION ON TIME TO FILE CLAIMS
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
You represent and warrant that you (a) are at least 19 years of age, (b) possess the legal right and ability to agree to these Terms and to use the Website in accordance with these Terms, and (c) reside in the United States.
CHANGES TO THE WEBSITE AND/OR THE TERMS
The Website and Content are subject to change without prior notice. PACKHealth may occasionally update these Terms, in our sole discretion. Notices of changes will be posted on the Website, and the changes are effectie immediately when we post them, and apply to all access to and use of the Website thereafter. Your use of the Website or Content following a change in the Terms indicates your consent to the revised Terms. You agree that we shall not be liable to you or any third-party for any modification to or discontinuance of any Content, features, services or information generally available on the Website or the Website itself. You are expected to check this page from time to time so that you are aware of any changes, as they are binding on you.
We have adopted the following policy toward copyright and intellectual property infringement. The address of our Designated Agent to Receive Notification of Claimed Infringement (“Designated Agent”) is:
PACK Health, LLC
3613 6th Ave S
Birmingham, AL 3522
If you believe that material residing on or accessible through this Website infringes your copyright or other intellectual property right, provide PACKHealth notice of such infringement, by sending a written notice of the infringement to the Designated Agent listed above. Please specify the type of infringement at issue and the notice must include the following information:
PACKHealth complies with applicable Federal civil rights laws and does not discriminate on the basis of race, color, national origin, age, disability or sex.
PACKHEALTH and PACK are trademarks of PACKHealth, LLC. You agree not to display or use these trademarks in any manner without a prior, written permission from PACKHealth.
PACKHealth may assign the Website, the Content and its rights under these Terms at any time to a subsidiary or parent company or to a successor to its business as part of a merger or sale of substantially all of its assets. You may not assign or transfer your rights under these Terms.
No waiver by PACKHealth of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of PACKHealth to assert a right or provision under these Terms shall not constitute a waiver of such right or provision
If any provision of these Terms is held to be unenforceable for any reason, the remaining provisions will be unaffected and remain in full force and effect. No waiver of any of these Terms shall be deemed a further or continuing waiver of such term or condition.
If for any reason a court of competent jurisdiction finds any provision of the Terms or any portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to affect the intent of the Terms, and the remainder of these Terms shall continue in full force and effect.
For any questions or comments, or to report violations of these Terms contact us at:
PACK Health, LLC
3613 6th Ave S
Birmingham, AL 3522