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Terms and Conditions of Use

Welcome to www.Lightenupsgv.com! PLEASE READ THE FOLLOWING TERMS AND CONDITIONS RELATING TO YOUR USE OF OUR WEB SITE CAREFULLY. By using our Web site, you agree to these Terms and Conditions of Use ("Terms & Conditions"). We reserve the right, in our sole discretion, to change, modify, add or remove portions of these Terms & Conditions at any time. You should check these Terms & Conditions periodically for changes. By using this Web site after we post any changes to these Terms & Conditions, you agree to accept those changes, whether or not you have reviewed them. If you do not agree to these Terms & Conditions, you should not use our Web site and, if applicable, you should arrange to cancel your registered user account with us.

Table of Contents

1. Scope and Applicability of the Terms & Conditions
2. Becoming a Registered User
3. Restrictions on Use of Materials
4. Privacy
5. Online Community Standards and Conduct Guidelines?
6. User Submissions
7. Parental or Guardian Permission
8. Links to Third-Party Sites
9. Linking Policy
10. Promotions
11. Mobile
12. Items Available for Download
13. Copyright Complaints
14. Password and User Security
15. Health Disclaimer
16. Disclaimer of Warranties
17. Limitation of Liability
18. Your Warranties
19. Indemnification
20. Governing Law and Choice of Forum; Waiver of Class Actions
21. Termination and Modifications
22. Miscellaneous Terms


1. Scope and Applicability of Terms & Conditions

Unless we indicate otherwise, these Terms & Conditions apply to your use of the Web site which is owned or operated by Citrus Valley Health Partners and our affiliates (collectively, “we,” “us” or “our”) at www.Lightenupsgv.com (the “Web site”). For purposes of these Terms & Conditions, "affiliates" shall mean any entity or person, directly or indirectly, owned by, or under common ownership control with Citrus Valley Health Partners.

By accessing and using this Web site, you agree to be legally bound and to abide by these Terms & Conditions, just as if you had signed this agreement. IF YOU DO NOT AGREE TO BE BOUND BY ALL OF THESE TERMS & CONDITIONS, DO NOT USE THE WEB SITE.

If you do not comply with these Terms & Conditions at any time, we reserve the right, if applicable, to terminate your password, user account, and/or access to this Web site (or any part thereof). In our sole discretion and without prior notice or liability, we may discontinue, modify or alter any aspect of the Web site, including, but not limited to, (i) restricting the time the Web site is available, (ii) restricting the amount of use permitted, and (iii) restricting or terminating any user's right to use the Web site. You agree that any termination or cancellation of your access to, or use of, the Web site may be affected without prior notice. If you do not abide by the provisions of these Terms & Conditions, except as we may otherwise provide from time to time, you agree that we may immediately deactivate or delete your user account and all related information and files in your user account and/or bar any further access to such information and/or files, or our Web site. Further, you agree that we shall not be liable to you or any third-party for any termination or cancellation of your access to, or use of, this Web site.

From time to time, we may supplement these Terms & Conditions with additional terms and conditions pertaining to specific content, activities or events ("Additional Terms"). Such Additional Terms may be placed on the Web site to be viewed in connection with the specific content, activities, features or events and shall be identified as such. You understand and agree that such Additional Terms are hereby incorporated by reference into these Terms & Conditions. To the extent there is a conflict between these Terms & Conditions and any Additional Terms, the Additional Terms will control unless the Additional Terms expressly state otherwise.

2. Becoming a Registered User

There is no cost to become a registered user of our Web site. You do not have to become a registered user to use this Web site. However, if you do not register, you may be precluded from using certain features or resources of our Web site. You must register in accordance with instructions that you will find on this Web site to participate in, and to contribute to, any Online Community area or use of the "Public Profile" feature of our Web site. An "Online Community area" means any blog, personal page, group page, discussion group, message board or similar activity where you can communicate with other users of our Web site or post your own Content.

If you elect to become a registered user of our Web site, you agree to provide us with true, accurate and complete information about yourself ("Registered User Data"), and to maintain and promptly update the Registered User Data and any other information you provide to us, to keep it accurate. Without limiting any other provision of these Terms & Conditions, if you provide any information that is untrue, inaccurate, or incomplete, or we have reasonable grounds to suspect that such is the case, we reserve the right to suspend or terminate your user account and refuse any and all current or future use of our Website (or any portion thereof). If you register on the Web site and/or create a personal profile, you agree to accept responsibility for all activities that occur under your account or password, if any, you agree not to assign, transfer or sublicense your rights as a registered user of this Website. You further agree not to register for more than one account, create an account on behalf of someone else, or create a false or misleading identity on this Web site.

You are responsible for maintaining the confidentiality of your password, if any, and for restricting access to your computer (or other Internet access device, as applicable) so that others may not access the password protected portion of the Web site using your name in whole or in part. We reserve the right to terminate your account or otherwise deny you access in its sole discretion without notice and without liability.

3. Restrictions on Use of Materials

Unless otherwise specified, we grant you a non-exclusive, non-transferable, limited right to access, view, use and/or display a single copy of this Web site and the material provided hereon for your personal, noncommercial use, provided that you comply fully with the provisions of these Terms & Conditions. You acknowledge that this Web Site contains information, software, photos, video, text, graphics, music, sounds, questions, creative suggestions, messages, comments, feedback, ideas, recipes, notes, drawings, articles and other materials (collectively, "Content") that are protected by copyrights, patents, trademarks, trade secrets and/or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereafter developed. All Content is protected under the United States copyright laws (and, if applicable, similar foreign laws), and we own a copyright in the selection, coordination, arrangement and enhancement of such Content. All trademarks appearing on this Website are trademarks of their respective owners. You may not modify, publish, transmit, distribute, perform, participate in the transfer or sale, create derivative works of, or in any way exploit, any of the Content, in whole or in part. When Content is downloaded to your computer, you do not obtain any ownership interest in such Content. Modification of the Content or use of the Content for any other purpose, including, but not limited to, use of any Content in printed form or on any other website or networked computer environment is strictly prohibited unless you receive our prior written consent.

You may not use the Content in a manner that suggests an association with any of our products, services or brands. You may not allow or aid or abet any third party (whether or not for your benefit) to: (a) copy or adapt the source or object code of either the Web site’s software, HTML, JavaScript or other programming code; or (b) reverse engineer, decompile, reverse assemble, modify or attempt to discover any source code that the Web site creates to generate its web pages or any software or other products or processes accessible through the Web site; and (e) you do not insert any code or product to manipulate the Content in any way that affects any user’s experience of the Web site.

Prohibited Activities. You also agree that you will not: (a) use any robot, spider, rover, scraper, or any other data mining technology or automatic or manual process to monitor, cache, frame, mask, extract data from, copy or distribute the Content (except as may be a result of standard Internet browser or search engine); (b) fail to follow the instructions provided on the Web site in a “robots.txt” file or similar mechanism (to the extent that you provide standard search engine services to the public); nor will you (c) modify, frame, reproduce, archive, sell, lease, rent, exchange, create derivative works from, publish by hard copy or electronic means, publicly perform, display, disseminate, distribute, broadcast, retransmit, circulate to any third party or on any third-party web site, or otherwise use the Content in any way for any public or commercial purpose except as specifically permitted by these Terms & Conditions or by us without our prior written consent.

4. Privacy

We are committed to protecting your privacy and security. For more information, you should review our Privacy Policy, which is incorporated into these Terms & Conditions by this reference. By using this Web site, you consent to the collection and use of your data in accordance with our Privacy Policy.


5. Online Community Standards and Conduct Guidelines

You acknowledge that all Content posted, emailed, or otherwise transmitted to or on this Web site, whether posted at our request or voluntarily, and whether publicly posted or privately transmitted (collectively, the "Postings"), are the sole responsibility of the person who made such Postings. This means that you are entirely responsible for all Postings that you post, e-mail or otherwise transmit to this Web site. We do not control the Postings posted, e-mailed or otherwise transmitted on our Web site by others and, as such, we do not guarantee the accuracy, integrity or quality of such Postings. Although we have adopted community standards and conduct guidelines for the users of our Web site (as described below), you understand that by using this Web site, you may be exposed to Postings that are offensive or objectionable. Under no circumstances will we be liable in any way for any Postings (other than for Content developed by us), including, but not limited to, for any errors or omissions in any Postings, or for any loss or damage of any kind incurred as a result of the use of any Postings posted, emailed or otherwise transmitted to or through this Web site.

You agree not to use this Web site (including any Online Community areas) to:

a. Upload, post, e-mail or otherwise transmit any Postings or other materials that are unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable (in our sole discretion);
b. Harm minors in any way, or solicit or otherwise attempt to gain any information from a minor;
c. Impersonate any person or entity, including, but not limited to any user of this Web site, a director, officer, employee, shareholder, agent or representative of us, our affiliates or any other person or entity, or falsely state or otherwise misrepresent your affiliation with us or our affiliates or any other person or entity;
d. Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Postings or other materials transmitted to or through this Web site;
e. Upload, post, e-mail or otherwise transmit any Postings or other materials that are not your own, or that you do not have a right to upload, post, email or otherwise transmit under any law or under contractual or fiduciary relationships (such as insider information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
f. Upload, post, email or otherwise transmit any Postings or other materials that infringe upon any patent, trademark, trade secret, copyright, right of privacy or publicity or other proprietary rights of any party;
g. Upload, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of commercial solicitation, except in those areas, if any, that are specifically designated for such purpose;
h. Upload, post, email or otherwise transmit any Postings or other materials that contain software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
i. Disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of a Community Area (or other portion of this Web site) are able to type, or otherwise act in a manner that negatively affects or otherwise diminishes the quality of another user’s experience of this Web site;
j. Interfere with or disrupt this Web site or servers or networks connected to this Web site, or disobey any requirements, procedures, policies or regulations of networks connected to the Web site;
k. Intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, any regulations having the force of law;
l. "Stalk" or otherwise harass another user or employee of this Web site; or
m. Solicit, collect or post personal data or attempt to solicit, collect or post personal data about other users of the Web site, including user names or passwords; or Access or attempt to access another user’s account without his or her consent;

Your privilege to use this Web site (including the Online Community) and contribute to discussions on the Online Community Areas depends on your compliance with the community standards and conduct guidelines set forth above. We may revoke your privileges to use all or a portion of this Website and/or take any other appropriate measures to enforce these community standards and conduct guidelines if violations are brought to our attention. Further, if you fail to adhere to our community standards and conduct guidelines, or any of these Terms & Conditions, we may terminate, in our sole discretion, your use of, or participation in, any Online Community area.

Except as may otherwise be provided in our Privacy Policy, all Online Community area communications, including, but not limited to, message board, blog, discussion groups, and profile communications, are public and not private communications. We reserve the right to monitor some, all, or no areas of this Web site (including any Online Community area) for adherence to the community standards and conduct guidelines set forth above or for any other purpose. You acknowledge that by providing you with the ability to distribute Postings in the Online Community areas, we are acting as a passive conduit for such distribution and we are not undertaking any obligation or liability relating to any Postings or activities in any Online Community area, nor do we endorse any such Postings. Although we reserve the right to remove, without notice, any Posting for any reason, we have no obligation to review Content prior to the Content’s posting or to delete Postings that you may find objectionable or offensive. We are not responsible for maintaining a copy of any material we remove from our Web site, and we are not liable for any loss you incur in the event that Content you post or transmit to our Web site is been removed.

You are solely responsible for your interaction with other users of the Web site, whether online or offline. We are not responsible or liable for the conduct of any user. We reserve the right, but have no obligation, to monitor or become involved in disputes between you and other users. Exercise common sense and your best judgment in your interactions with others, when you submit or post any personal or other information, and in all other online activities.


6. User Submissions

The Web site may provide you and others with the opportunity to participate in forums, blogs, message boards and other communication functionality and may provide you with the opportunity, through such features or otherwise, to submit, post, display, transmit, perform, publish, distribute or broadcast content and materials to us or the Web Site, including, without limitation, photographs, writings, music, video, audio recordings, computer graphics, pictures, data, questions, comments, suggestions or personally identifiable information. If, at our request or on your own, you send, e-mail, post or otherwise transmit to us or this Web site any such Content, (collectively, the "User Submissions"), you grant us and our successors and assigns a royalty-free, perpetual, irrevocable, non-exclusive right (including any moral rights) and license (as well as consent) to use, license, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, derive revenue or other remuneration from, communicate to the public, perform and display any User Submissions (in whole or in part and with or without the use of your name) worldwide and/or to incorporate the User Submissions in other works in any form, media, or technology now known or later developed, for the full term of any copyrights, trademarks and other intellectual and proprietary rights (collectively, the "Rights") that may exist in such User Submissions. You also warrant that, to the extent you are not the exclusive holder of all Rights in a User Submission, any third party holder of any Rights, including moral rights in such User Submissions, has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant the license stated above. You further acknowledge that we and our successors and assigns shall be entitled to unrestricted use of the User Submissions for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the User Submissions. You also permit any user to access, display, view, store and reproduce any User Submission that you have made available in an Online Community area for personal use. Subject to the foregoing, the owner of a User Submission placed on this Web site retains any and all Rights that may exist in such Submission. Except as provided in our Privacy Policy, none of the User Submissions shall be subject to any obligation of confidence on our part, and we shall not be liable for any use or disclosure of any User Submissions.

Our Obligations Regarding User Submissions. You agree that we have has no obligation to pre-screen, monitor or enforce your intellectual property rights to your User Submissions but we have the right to protect and enforce our and our licensees’ licensed rights to your User Submissions. You further acknowledge and agree that we will not have any obligation to, but may review, monitor, display, accept or exploit any User Submissions and we may, in our sole discretion, delete, edit, distribute, move, block access, re-format, edit, alter, distort, remove or refuse to exploit User Submissions without notice or liability; provided, however, that we reserve the right to treat User Submission on the Web site, or on certain portions of the Web site, as content stored at the direction of users for which we will not exercise editorial control except to enforce the rights of third parties and the content restrictions set forth herein User when notice of such violations are directed to our attention. User Submissions posted may not be maintained on the Web Site by us for any period of time, we may delete it at our discretion and you have no right to access or control any User Submissions that you provide. You agree and understand that we are not obligated to use your User Submissions and that you will not receive any consideration or compensation for your User Submissions or for any exploitation of it.

Your Obligations Regarding Your User Submissions. You agree that you must evaluate, and bear all risks associated with, the use of any of User Submissions, including, but not limited to, any reliance on the accuracy, completeness, or usefulness of your User Submissions. As we may not pre-screen User Submissions, you bear legal responsibility for others’ exposure to any offensive indecent or objectionable content in your User Submissions.

Product Submissions Prohibited. We do not accept unsolicited submissions for web sites, products or services. It is our intent to avoid the possibility of future misunderstandings when projects developed by or on behalf of us (whether internally or by third parties) might seem to others to be similar to their own creative ideas or materials. Therefore, please do not make any such unsolicited submissions to us through the Web site, including through any Online Community area. However, if you decide to make any such unsolicited submission, you hereby grant to us the right and license as if it were a User Submission as specifically set forth above.

7. Parental or Guardian Permission

This Web site is not meant for children under the age of 13. Some of the Content on this Web site may not be appropriate for children. We strongly recommend that children between the ages of 12 and 18 ask for their parent's or guardian's permission before viewing our Web site.

8. Links to Third-Party Sites

These Terms & Conditions apply only to this Web site, and not to the web sites of any other person or entity. We may provide, or third parties may provide, links to other worldwide web sites or resources. Accessing those third party sites requires you to leave this Web site. You acknowledge and agree that we are not responsible for the availability of such external sites or resources, and do not endorse (and are not responsible or liable for) any content, advertising, products, or other materials on or available from such web sites or resources. You further acknowledge and agree that, under no circumstances, will we be held responsible or liable, directly or indirectly, for any loss or damage that is caused or alleged to have been caused to you in connection with your use of, or reliance on, any content, advertisements, products or other resources available on any other Web site (regardless of whether we directly or indirectly link to such content, advertisements, products or other resources). You should direct any concerns with respect to any other Web site to that Web site's administrator or webmaster.

YOUR CORRESPONDENCE AND BUSINESS DEALINGS WITH OTHERS FOUND ON OR THROUGH THE SITES, INCLUDING, WITHOUT LIMITATION, THE PAYMENT AND DELIVERY OF PRODUCTS AND SERVICES, AND ANY TERMS, CONDITIONS, WARRANTIES AND REPRESENTATIONS ASSOCIATED WITH ANY SUCH DEALINGS, ARE SOLELY BETWEEN YOU AND THE THIRD PARTY. WE ENCOURAGE YOU TO REVIEW ALL POLICIES, RULES, TERMS AND REGULATIONS, INCLUDING THE PRIVACY POLICIES AND TERMS OF USE OF EACH AND ANY THIRD PARTY SITE THAT YOU VISIT. WE DISCLAIM ANY HARM THAT MAY RESULT FROM YOUR CHOICE TO USE ANY THIRD PARTY SERVICES, INCLUDING, BUT NOT LIMITED TO, THIRD PARTY SERVICES HOSTED ON THE SITE WHICH MAY ASK TO ACCESS, AND MAY RETAIN, YOUR PERSONAL INFORMATION. YOU AGREE THAT YOUR USE OF THIRD PARTY SERVICES IS AT YOUR OWN RISK.

9. Linking Policy

We grant you the revocable permission to link to our Web site; provided, however, that your web site, or any third party web sites that link to our Web site : (a) may only link to our Web site’s home page unless we Monte have provided prior, written consent to link to other pages; (b) must not frame or create a browser or border environment around any of the content on the Web site or otherwise mirror any part of the Web site; (c) must not imply that we, our affiliates, or the Web site are endorsing or sponsoring it or its products, unless we have given our prior written consent; (d) must not present false information about, or disparage, tarnish, or otherwise, in our sole opinion, harm us or our its products or services; (e) must not use any trademarks or of ours without our prior written permission; (f) must not contain content that could be construed as distasteful, offensive or controversial or otherwise objectionable (in our sole opinion); and (g) must be owned and controlled by you or the person or entity placing the link, or otherwise permit you to enable such link subject to these Terms & Conditions. By linking to our Web site, you agree that you do and will continue to comply with the above linking requirements. Notwithstanding anything to the contrary contained in these Terms, we reserve the right to prohibit linking to our Web site for any reason, in our sole and absolute discretion, even if the linking complies with the requirements described above.

10. Promotions

The Web Site may contain or offer sweepstakes, contests or other promotions, which may be governed by a separate set of rules that describe the sweepstakes, contest or promotion and may have eligibility requirements, such as certain age or geographic area restrictions. It is your responsibility to read those rules to determine whether or not your participation, registration or entry will be valid and to determine the sponsor’s requirements of you in connection with the applicable sweepstakes, contest or promotion.

11. Mobile

Mobile Features. This Web site may offer features and services that are available to you via your mobile phone. These features and services may, include, without limitation, the ability to upload content to the Web site, receive messages from the Web site, download applications to your mobile phone or access the Web site’s features (collectively, the “Mobile Features”). Standard messaging, data and other fees may be charged by your carrier to participate in Mobile Features. Fees and charges will appear on your mobile bill or be deducted from your pre-paid balance. Your carrier may prohibit or restrict certain Mobile Features and certain Mobile Features may be incompatible with your carrier or mobile device. Contact your carrier with questions regarding these issues.

Terms of Mobile Features. You agree that the Mobile Features for which you are registered may send communications to your mobile device. Further, we may collect information related to your use of the Mobile Features. If you have registered for Mobile Features, you agree to notify us of any changes to your mobile number and update your account on the Web site to reflect this change.

12. Items Available For Download

Any items that we make available for download or use from the Web site and/or our servers (the “Downloadable Items”) are the copyrighted work of us or our licensors or suppliers. Your use of the Downloadable Items may be governed by Additional Terms, which may be included with the Downloadable Items. Please carefully read any Additional Terms to determine the full extent of conditions governing the use of such Downloadable Items. WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE DOWNLOADABLE ITEMS TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED, UNLESS SUCH REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PERMITTED BY THE LICENSE AGREEMENT APPLICABLE TO SUCH DOWNLOADABLE ITEMS. Note that if you install certain applications that may be available via the Sites, you consent to the download of software to your computer and accept these Terms & Conditions and any Additional Terms related to such application.

13. Copyright Complaints

We respect the intellectual property of others, and we ask our users to do the same. We may, in appropriate circumstances and in our discretion, terminate the rights of any user to use our Web site (or any part thereof) who infringes the intellectual property rights of others. The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law.

You may not use the Sites for any purpose or in any manner that infringes the rights of any third party. In accordance with the DMCA (text at http://www.copyright.gov), we have a designated agent for receiving notices of copyright infringement and we follow the notice and take down procedures of the DMCA. We have a policy of terminating the accounts of users who (in our reasonable discretion) are repeat infringers.

Procedure. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide our copyright agent the following information required by the Online Copyright Infringement Liability Limitation Act of the DMCA, 17 U.S.C. § 512: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyright work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; (c) identification of the material that is claimed to be infringing or to be the subject of infringing activity and information reasonably sufficient to permit us to locate the material; (d) information reasonably sufficient to permit us to contact the complaining party; (e) a statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. Here is the contact information for our DMCA agent :

Name: Copyright Agent – CVHP Public Relations Office
Mailing address: 1115 S. Sunset Ave., West Covina, CA 91790
Phone number: (626) 814-2423
Fax number: (626) 814-2428
E-mail address: amacias@mail.cvhp.org

It is often difficult to determine if your intellectual property rights have been violated. We may request additional information before we remove any infringing material. If a dispute develops as to the correct owner of the rights in question, we reserve the right to remove your content along with that of the alleged infringer pending resolution of the matter.

14. Password and User Security

If you are a registered user of this Web site, you are entirely responsible for maintaining the confidentiality of your password and user account information. You agree to notify us immediately in the event of any known or suspected unauthorized use of your user account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your or anyone else's password. You are entirely responsible for any and all activities which occur under your user account. You agree to immediately notify us of any unauthorized use of your user account or any other breach of security known to you.

15. Health Disclaimer

This Web site provides weight loss information and content published over the Internet and is intended only to assist users in their personal weight loss efforts. Nothing contained in this Web site should be construed as a medical diagnosis. The information and reports generated by us should not be interpreted as a substitute for physician consultation, evaluation, or treatment.

You are urged and advised to seek the advice of a physician before beginning any weight loss effort or regimen. This Web site is intended for use only by healthy adult individuals. The Web site is not intended for use by minors, pregnant women, or individuals with any type of health condition. Such individuals are specifically warned to seek professional medical advice prior to initiating any form of weight loss effort or regimen.

16. Disclaimers of Warranties

PLEASE NOTE THE FOLLOWING IMPORTANT DISCLAIMERS OF WARRANTIES:

THE CONTENT AND MATERIALS ON THIS WEB SITE (INCLUDING ANY MOBILE FEATURES AND ANY DOWNLOADABLE ITEMS) ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, COMPATIBILITY, SECURITY, ACCURACY OR NON-INFRINGEMENT.

NEITHER CITRUS VALLEY HEALTH PARTNERS OR ANY OF OUR AFFILIATES WARRANT THAT THIS WEB SITE OR ANY FUNCTION CONTAINED IN THIS WEB SITE (INCLUDING ANY MOBILE FEATURES OR ANY DOWNLOADABLE ITEMS) WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS WEB SITE OR THE SERVERS THAT MAKE THIS WEBSITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

ANY CONTENT AND MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THIS WEB SITE IS DONE AT YOUR SOLE RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH PRODUCT, OFFERING, CONTENT OR MATERIAL.

NEITHER CITRUS VALLEY HEALTH PARTNERS, NOR ANY OF OUR AFFILIATES WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE OFFERINGS, CONTENT AND MATERIALS IN OR TROUGH THIS WEB SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.

FURTHER, PLEASE NOTE THAT NO ADVICE OR INFORMATION, OBTAINED BY YOU FROM OUR PERSONNEL OR THROUGH THIS WEB SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY PROVIDED FOR IN THESE TERMS & CONDITIONS.

17. Limitation of Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE AND OUR AFFILIATES SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR ANY OTHER DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF, OR RESULTING FROM, (A) THE USE OR THE INABILITY TO USE THIS WEB SITE, AND ANY MOBILE FEATURES OR DOWNLOADABLE ITEMS PROVIDED HEREWITH; (B) THE USE OF ANY CONTENT OR OTHER MATERIAL ON THIS WEB SITE OR ANY WEB SITE OR WEB SITES LINKED TO THIS WEB SITE (INCLUDING ANY MOBILE FEATURES OR DOWNLOADABLE ITEMS), (C) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (D) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OUR WEBSITE; OR (E) ANY OTHER MATTER RELATING TO OUR WEB SITE, THE MOBILE FEATURES OR DOWNLOADABLE ITEMS. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING OUR WEB SITE. IF YOU ARE DISSATISFIED WITH ANY PORTION OF OUR WEB SITE, OR WITH ANY OF THESE TERMS & CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS THE DISCONTINUATION OF YOUR USE OF THIS WEB SITE. IF ANY PORTION OF THIS LIMITATION OF LIABILITY IS FOUND TO BE INVALID, LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.

18. Your Warranties

You represent and warrant that: (i) you have the legal right and capacity to enter into these Terms & Conditions in your jurisdiction where you reside and to comply with these Terms & Conditions; (ii) all information you provide to us is true, accurate, complete and current; and (iii) you hold and will continue to hold all rights necessary to enter into and perform your obligations under these Terms & Conditions. You also agree that you will be responsible for obtaining and maintaining all modem, telecommunications equipment, computer hardware, wireless devices and other equipment needed for access to and use of the Web site and you will be responsible for all charges related thereto.

19. Indemnification

You agree to indemnify, hold harmless and, at our option, defend Citrus Valley Health Partners and our affiliates, and our officers, directors, employees, agents and representatives from any and all third party claims, liability, damages and/or costs (including, but not limited to, reasonable attorneys fees and expenses) arising from your improper use of this Web site or offerings, your violation of these Terms & Conditions, or your infringement, or the infringement or use by any other user of your account, of any intellectual property or other right of any person or entity.

20. Governing Law and Choice of Forum; Waiver of Class Actions

These Terms & Conditions shall be governed by and construed in accordance with the laws of the State of California, without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to your use of this Web site or these Terms & Conditions shall be filed only in the state or federal courts located in Los Angeles County in the State of California, and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. Any cause of action or claim you may have with respect to the Web site must be commenced within one (1) year after such claim or cause of action arises.

No Class Actions. To the fullest extent permitted by applicable law, you agree that any and all disputes, claims and causes of action you may have in connection with or related to the Web site will be resolved individually, without resort to any form of class action.

21. Termination and Modifications

Termination. We reserve the right to terminate your access to and use of the Web site at any time, in its sole discretion, without notice and liability, including, without limitation, if we believe your conduct fails to conform with these Terms & Conditions. We also reserve the right to investigate suspected violations of these Terms & Conditions, including, without limitation, any violation arising from any e-mails you send to the Web site or to us. Any violation, or potential violation, of these Terms & Conditions may be referred to law enforcement authorities.

Modifications. We reserve the exclusive right to modify, withdraw, suspend or discontinue, temporarily or permanently, at any time and from time to time, any materials or features available on the Web site, without limitation, in whole or in part, including the cessation of all activities associated with the Web site, with or without notice. You agree that we will not be liable to you or to any third party for any modification, suspension or discontinuance of the Web site or any part thereof.

What happens upon Termination? Upon termination of your access to the Web site, or upon demand from us, all rights granted to you under these Terms & Conditions will cease immediately, and you agree that you will: (a) immediately discontinue use of the Web site, including links to the Web site; and (b) destroy all materials obtained from the Web site and all related documentation.


22. Miscellaneous Terms

In any action against us arising from the use of this Web site, the prevailing party shall be entitled to recover all legal expenses incurred in connection with the action, including but not limited to its costs, both taxable and non-taxable, and reasonable attorney's fees.

If any provision of these terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions. These Terms & Conditions represent the entire agreement between you and us relating to the subject matter herein.

We reserve the right to modify or add to these Terms & Conditions or any Additional Terms, at any time without prior notice (“Updated Terms”). You agree that we may notify you of the Updated Terms by posting them on the Web site so that they are accessible via a link on the home page of the Web site, and that your use of the Web site after we have posted the Updated Terms (or engaging in such other conduct as we may reasonably specify) constitutes your agreement to the Updated Terms. Therefore, you should review these Terms & Conditions and any Additional Terms before using the Web site. The Updated Terms will be effective as of the time of posting, or such later date as may be specified in the Updated Terms, and will apply to your use of the Web site from that point forward.
We may assign our rights and obligations under these Terms & Conditions at any time without notice to you. These Terms & Conditions may not be assigned by you without our prior written consent. These Terms & Conditions will insure to the benefit of our successors, assigns and licensees. The failure of either party to insist upon or enforce the strict performance of the other party with respect to any provision of these Terms & Conditions, or to exercise any right under the Terms & Conditions, will not be construed as a waiver or relinquishment to any extent of such party's right to assert or rely upon any such provision or right in that or any other instance; rather, the same will be and remain in full force and effect.

The Section titles are inserted only as a matter of convenience and have no legal or contractual effect. You agree that these Terms & Conditions will not be construed against us by virtue of having drafted them.


(Last modified as of January 2, 2012)

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