Terms
&
Conditions


TERMS OF USE


Welcome to the McCann Health website.

McCann Health (“McCann Health”) provides to you this website (“Site”) for your personal informational, educational and entertainment use. The following Terms of Use govern your access and use of this Site. Please read these Terms of Use carefully before using this Site. Also, specific terms and conditions may apply to specific Content (as defined below) on or available through this Site (the “Content”) and to specific content, data, materials, or information you may upload, submit and/or publish to the Site (“User Content”). Such specific terms may be in addition to these Terms of Use or, where and then only to the extent expressly specified, may supersede these Terms of Use.

When used in these Terms of Use, “we” and “our” means McCann Health, and “you” and “your” refers to any individual, company or legal entity that accesses or otherwise uses this Site.

ACCEPTANCE OF TERMS OF USE


By accessing, browsing or using this Website, you agree to be bound by these Terms of Use and all terms and conditions contained or referenced herein or any additional terms and conditions set forth on this Site. If you do NOT agree to all of these terms, you should NOT access or use this Site.

MODIFICATION OF TERMS


These Terms of Use may be amended by McCann Health, in its sole discretion, at any time without notice to you. Such amended Terms of Use shall be effective upon posting. By continuing to access or use this Site, you will be deemed to have accepted such amendments. You are advised to regularly review any applicable terms and conditions. Other McCann Health websites may have their own terms of use which apply to such websites.

PRIVACY NOTICE


Personal information provided through this Site shall be used in accordance with McCann Health’s Privacy Notice and these Terms of Use are subject to the Privacy Notice as posted on this Site.

COPYRIGHT AND TRADEMARKS


You acknowledge that all content on this Site, including, without limitation, the Site’s design, graphics, text, formatting, sounds, pictures, images, user interfaces, page headers, custom graphics, button icons, scripts, software, trademarks, service marks, trade names, trade dress, logos and other materials and information on this Website, and the selection and arrangement thereof (collectively, the “Content”), is owned, controlled or licensed by or to McCann Health, and is protected by United States and international copyright, trademark and various other intellectual property laws and rights. Except as expressly authorized in these Terms of Use, you may not copy, reproduce, distribute, republish, download, perform, display, post, transmit, exploit, create derivative works or otherwise use any of the Content in any form or by any means, without the prior written authorization of McCann Health. McCann Health authorizes you to view and download the Content, provided that (i) you use the Content only for your own personal, non-commercial use, (ii) you keep intact all copyright and other proprietary notices contained therein, and (iii) you do not modify or adapt the Content in any way. All rights to the Content not expressly granted in these Terms of Use are expressly reserved to McCann Health.

LINKS TO THIRD-PARTY WEBSITES


Links on the Site to third party websites are provided only as a convenience to you and are not an endorsement by McCann Health. When you click on these links, you will leave the Site. We are in no way responsible for examining or evaluating these third-party sites. You agree that McCann Health and its affiliates will not be responsible or liable for any content, goods or services provided on or through these outside websites or for your use of or inability to use such websites. You use and access these third party website at your own risk.  McCann Health recommends that you make yourself aware of and read the legal and privacy notices of all the third party websites that you visit.

DISCLAIMER OF WARRANTIES


McCann Health strives to provide accurate and up-to-date material on this Site. However, we make no warranties or representations as to the accuracy or timeliness of the Content on this Site.

THE SITE AND THE CONTENT CONTAINED ON THIS SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. IPG EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. MCCANN HEALTH MAKES NO WARRANTY THAT (I) THE SITE WILL MEET YOUR REQUIREMENTS, (II) THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE WILL BE ACCURATE OR RELIABLE, (IV) THE SITE IS FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS, OR (V) ANY ERRORS IN THE SITE WILL BE CORRECTED. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THIS SITE IS PROVIDED AT YOUR OWN RISK, AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM YOUR USE OF THE SITE, INCLUDING WITHOUT LIMITATION, DAMAGES RESULTING FROM COMPUTER VIRUSES.

SOME JURISDICTIONS MAY NOT PERMIT CERTAIN DISCLAIMERS OF WARRANTIES, SO SOME OF THE EXCLUSIONS ABOVE MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, WE DISCLAIM WARRANTIES TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

DISCLAIMER OF DAMAGES AND LIMITATION OF LIABILITY


NEITHER MCANN HEALTH OR ITS AFFILIATES SHALL UNDER ANY CIRCUMSTANCES BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING OUT OF, IN CONNECTION WITH OR RELATING TO YOUR ACCESS TO, OR USE OF OR INABILITY TO USE THIS SITE OR ANY MATERIAL, OR ANY OTHER WEBSITE YOU ACCESS THROUGH A LINK FROM THIS SITE, OR ANY INCORRECT OR INACCURATE INFORMATION ON THIS SITE. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING BUT NOT LIMITED TO PROPOERTY DAMAGE, LOSS OF USE, LOSS OF DATA, LOSS OF BUSINESS, ECONOMIC LOSS OR LOSS OF PROFITS), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EVEN IF MCCANN HEALTH HAS BEEN ADVISED OF THE POSSIBLITY OF SUCH DAMAGE OR LOSS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU EXPRESSLY WAIVE ALL CLAIMS AGAINST MCCANN HEALTH AND ITS AFFILIATES AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, SUPPLIERS AND PROGRAMMERS THAT MAY ARISE FROM YOUR ACCESS OR USE OF THIS SITE.

INDEMNIFICATION AND RELEASE


You agree to indemnify, defend and hold harmless McCann Health and its affiliates against all claims, demands, causes of action, losses, expenses, damages and costs, including any reasonable attorneys’ fees, resulting or arising from or relating to your use of or conduct on the Site, any activity related to use of the Site by you, any message or material that you submit to, post on or transmit through the Site, your violation of these Terms of Use, your infringement or violation of any rights of another, or termination of your access to the Site.

If you have a dispute with one or more users, you release McCann Health and its affiliates from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.

NO UNLAWFUL OR PROHIBITED ACTIVITY


As a condition of your use of this Site, you agree not to use the Site for any purpose that is unlawful or prohibited by these terms and conditions. You further agree that you are responsible for your use of and communications on the Site. You agree not to post on or transmit through this Site any unlawful, infringing, threatening, harassing, defamatory, vulgar, obscene, profane, indecent, offensive, hateful or otherwise objectionable material of any kind, including any material that encourages criminal conduct or conduct that would give rise to civil liability, violates the privacy rights of others, infringes others’ intellectual property rights or otherwise violates any applicable local, state, national or international law. You agree not to use this Site in any manner that interferes with its normal operation or with any other user’s use and enjoyment of the Site. You agree to use reasonable efforts to scan and remove any viruses or other contaminating or destructive features before submitting any material.

McCann Health reserves the right, in its sole discretion, to suspend or terminate your access to this Site and prohibit any and all current and future use of this Site (or any portion thereof) by you, if you fail to comply with any term or provision of these Terms of Use or your use is harmful to the interests of another user of this Site.

SITE SERVICE


McCann Health reserves the right at any time and from time to time to add, modify, delete or discontinue, temporarily or permanently, the Site (or any part thereof) with or without notice or consent. McCann Health and its affiliates shall have no responsibility or liability for failure to store or delete any Content or User Content submitted to the Site.

GOVERNING LAW AND DISPUTE RESOLUTION


These Terms of Use shall be governed by, and construed in accordance with, the laws of New South Wales, without giving effect to any principles of conflicts of law. McCann Health makes no representations that the material and information on this Site are appropriate or available in all national locations or languages. You agree that any action at law or in equity arising from or relating to the use of this Site or to these Terms of Use shall be brought exclusively in the Federal or State Courts sitting in New South Wales. You hereby consent and submit to personal jurisdiction in of such courts for the purposes of any action relating to this Site, your access or use thereof, or these Terms of Use, and to extra-territorial service of process.

SEVERABILITY


If any provision of these Terms of Use is held to be unlawful, void, or for any reason unenforceable by a court of competent jurisdiction, then the invalid or unenforceable provision shall be replaced by a valid, enforceable provision that most closely matches the intent of the original provision, and the validity and enforceability of any remaining provisions shall not be affected.

NO WAIVER


The failure of McCann Health and its affiliates to enforce any part of these Terms of Use shall not constitute a waiver of such term or provision, and shall not be considered a waiver or limit McCann Health’s right thereafter to insist upon strict adherence to that term or any other provision of these Terms of Use.

Last updated: August 2016

 

HOW TO CONTACT US


If have any feedback or questions on these terms of use, please send an email to info@mccannhealth.com