PLEASE CAREFULLY READ THESE TERMS OF USE BEFORE USING OUR WEBSITE AND ONLINE NEWSLETTER.

healthsearches.org is a website presented by Healthsearches, a division of
HC Search Corporation (hereafter, referred to as “we,” “us”, or “our”).

These Terms of Use govern your access to and use of the healthsearches.org website (the “Site”); our online newsletter (the “Newsletter”); or any information, text, graphics, or other materials appearing on the Site (the “Site Content”) or in our Newsletter (the “Newsletter Content”). By using this Site or our Newsletter, you agree to comply with our Terms of Use. Please do not use the Site or our online newsletter if you do not or cannot agree to all of these Terms of Use.

We reserve the right to update and/or revise these Terms of Use at any time. Your continued use of our Site or our Newsletter means you agree to and accept any such changes.

WE DO NOT PROVIDE MEDICAL ADVICE ON THE SITE OR IN OUR ONLINE NEWSLETTER.

CALL YOUR DOCTOR OR 911 IMMEDIATELY IF YOU HAVE A MEDICAL EMERGENCY; DO NOT RELY ON THIS SITE OR OUR ONLINE NEWSLETTER.

The content of the Site, which includes everything on the Site (the "Site Content"), and the content of our Newsletter, which includes everything in the Newsletter (the “Newsletter Content”), are for informational purposes only. The Site Content and the Newsletter Content are not intended to be and should not be used as a substitute for diagnosis, treatment or other advice from a health care or medical professional. You should always seek the advice of your doctor(s) or other qualified health provider(s) for information concerning your health. Never wait to seek medical advice or choose not to follow such advice because of something contained in the Site Content or the Newsletter Content. Reliance on any of the Site Content or the Newsletter Content is solely at your own risk.

We do not endorse or otherwise recommend any of the health care providers, products, procedures, opinions, or other information contained in the Site Content or the Newsletter Content.

SEXUALLY EXPLICIT MATERIALS.

Due to the medical focus of the Site and the Newsletter, at times the Site and/or the Newsletter may contain health- or medically-related materials that may be considered to be sexually explicit. If you find such materials offensive, you may not want to use or continue to use our Site or our Newsletter.

This Site and the Newsletter are not intended for use by children under the age of 13.

PRIVACY.

Please consult our Privacy Policy for further information and notices regarding our collection and use of personal information.

OUR SITE CONTENT AND NEWSLETTER CONTENT.

We authorize you to download, view, and print a single copy of material you are interested in on our Site or the accessible portion of our Newsletter for your personal, noncommercial use only, so long as you leave any copyright or other ownership notices intact. We reserve all rights not expressly granted in this section, including, but not limited to, the right to modify the Site Content and/or the Newsletter Content, at any time, in our sole discretion, and the right to include special rules of use for specific materials on the Site itself and the Newsletter itself, which will be incorporated by reference into these Terms of Use.

All right, title, and interest in and to the Site, the Site Content, the Newsletter, and the Newsletter Content are and will remain our exclusive property. The Site, the Site Content, the Newsletter, and the Newsletter Content are protected by copyright, trademark and other laws of both the United States and foreign countries, and, unless otherwise indicated on the Site and/or the Newsletter, are owned by us. Any use of our Site Content or Newsletter Content beyond these Terms of Use is a breach of the Terms of Use and may constitute a violation of copyright or other law.

If you violate any of these Terms of Use, your permission to use the Site Content and/or the Newsletter Content as indicated above terminates immediately and automatically. If such termination occurs, you must destroy any copies you have made of any materials on the Site and/or any materials in the Newsletter immediately.

THE SITE IS AVAILABLE AS IS.

As indicated above, your access to and use of the Site, the Site Content, the Newsletter, and the Newsletter Content are at your own risk. We will have no responsibility for any harm to your computer system, loss of data, or other harm that results from your access to or use of the Site, the Site Content, the Newsletter, or the Newsletter Content.

Use of our Site and/or our Newsletter may result in information being transmitted over a transmission medium beyond our control. Therefore, we assume no liability for, or relating to, or arising from the delay, failure, interruption, or corruption of any data, information, or other material transmitted in connection with use of our Site and/or our Newsletter.

OUR SITE, THE SITE CONTENT, OUR NEWSLETTER, AND OUR NEWSLETTER CONTENT ARE PROVIDED "AS IS",WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, OR NON-INFRINGEMENT. IN ADDITION TO THE ABOVE, WE MAKE NO REPRESENTATIONS OR WARRANTIES THAT THE SITE, THE SITE CONTENT, THE NEWSLETTER, OR THE NEWSLETTER CONTENT WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED SECURE, OR ERROR-FREE BASIS. WE MAKE NO WARRANTY REGARDING THE QUALITY OF ANY PRODUCTS, SERVICES, OR INFORMATION PURCHASED OR OBTAINED THROUGH THE SITE OR THE NEWSLETTER, OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SITE OR THE NEWSLETTER, INCLUDING, BUT NOT LIMITED TO, COMPLIANCE WITH GOVERNMENTAL REGULATIONS RELATED TO DISCLOSURE CONCERNING PRESCRIPTION DRUGS.

LIMITATION OF LIABILITY.

IN NO EVENT SHALL WE OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE, THE SITE CONTENT, THE NEWSLETTER, OR THE NEWSLETTER CONTENT, BE LIABLE FOR ANY INCIDENTAL, SPECIAL CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION FOR PERSONAL INJURY OR WRONGFUL DEATH, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OF OR INABILITY TO USE THE SITE, THE SITE CONTENT, THE NEWSLETTER, OR THE NEWSLETTER CONTENT, OR ANY PORTION THEREOF, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

YOU AGREE THAT OUR AGGREGATE LIABILITY TO YOU FOR ANY AND ALL CLAIMS ARISING FROM THE USE OF THE SITE, THE SITE CONTENTS, THE NEWSLETTER, AND THE NEWSLETTER CONTENT IS LIMITED TO THE AMOUNTS YOU HAVE PAID US FOR ACCESS TO AND USE OF THE SITE, THE SITE CONTENTS, THE NEWSLETTER, AND THE NEWSLETTER CONTENTS, BUT IN NO EVENT SHALL OUR TOTAL AGGREGATE LIABILITY FOR CLAIMS ARISING OUT OF OR RELATING TO YOUR USE OF THE SITE AND THE NEWSLETTER EXCEED $100.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

USER SUBMISSIONS.

The personal information you submit on the Site and the Newsletter is governed by our Privacy Policy. In the case of an inconsistency between our Terms of Use and our Privacy Policy, our Terms of Use shall govern.

You agree that submission of any other information by email is
non-confidential for all purposes. Accordingly, please do not submit information to the Site or the Newsletter by email if you wish to keep such information private.

HEALTHSEARCHES.ORG NEWSLETTER SERVICE.

If you subscribe to one or more of our Newsletters through the Site (the "Subscription"), the following additional terms apply:

CHARGES AND BILLING: You are responsible for providing a valid credit card number at the time you subscribe to any of our Newsletters. You represent and warrant that you are an authorized user of such credit card, and you agree to pay all charges resulting from your subscription at the prices then in effect, including any unauthorized charges incurred prior to your notifying us of any such charges. You agree that we may provide your credit card information and related personally identifiable information to our service provider(s) for their use in charging you for your Newsletter subscription. You are responsible for payment of any applicable state, local and city taxes. We reserve the right to modify or terminate our subscription plans, change prices, or institute new charges for any such plan, but will provide at least thirty (30) days' notice before we make any such changes.

LINKS.

The Site may contain links to third-party websites or resources. You acknowledge and agree that we are not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply our endorsement of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.

INDEMNITY.

You agree to defend, indemnify, and hold harmless Healthsearches and HC Search Corporation, their officers, directors, employees, agents, and suppliers, from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with your access to or use of the Site, the Site Content, the Newsletter, the Newsletter Content, or your violation of these Terms of Use.

GENERAL.

We are based in Ketchum, Idaho, in the United States of America. We make no claims that the Site, the Site Content, the Newsletter, and the Newsletter Content are appropriate or may be downloaded outside of the United States. Access to the Site Content and/or the Newsletter Content may not be legal by certain persons or in certain countries. If you access the healthsearches.org Site or the Newsletter from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.

SEVERABILITY.

In the event that any provision of these Terms of Use is held to be invalid or unenforceable, the remaining provisions of these Terms of Use will remain in full force and effect. The following provisions survive the expiration or termination of this Agreement for any reason whatsoever: Limitation of Liability, User Submissions, Indemnity, Jurisdiction, and Entire Agreement.

WAIVER.

Our failure to enforce any right or provision of these Terms of Use will not be deemed a waiver of such right or provision.

JURISDICTION.

You expressly agree to the exclusive jurisdiction of the courts of the State of Idaho for any dispute with us, or in any way relating to your use of the Site and/or the Newsletter, and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the State of Idaho in connection with any such dispute, including any claim involving us, and/or our affiliates, subsidiaries, employees, contractors, officers, directors, agents, and content providers.

These Terms of Use are governed by the laws of the State of Idaho, without regard to its conflict of law provisions.

ENTIRE AGREEMENT.

Except if expressly provided in a particular "legal notice" on the Site or the Newsletter, these Terms of Use are the entire and exclusive agreement between us and you regarding the Site, the Site Content, the Newsletter, and the Newsletter Content.

Please direct any questions or comments you may have about the Site, the Site Content, the Newsletter, or the Newsletter Content, including letting us know about any non-functioning links, via email to us at wellness@healthsearches.org, or B@healthsearches.org, or via U.S. mail to the HC Search Corporation, 480 Second Street East, P.O. Box 14001, Suite 238, Ketchum, ID 83340. We will endeavor to respond quickly, but are not always able to do so.

© 2004 HC Search Corporation. All rights reserved.