Terms and Conditions of Use

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PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE.
By using this site, you signify your assent to these Terms and Conditions. If you do not agree to all of these Terms and Conditions of use, do not use this site!
Advanced Health Choices may revise and update these Terms and Conditions at any time. Your continued usage of the Advancedhealthchoices.com website will mean you accept those changes.

INDEX
The Site Does Not Provide Medical Advice
Liability of Advanced Health Choices and Its Licensors
User Submissions
Account Information & Passwords
Advanced Health Choices Forum (“public areas”)
Advertisements, Searches and Links to Other Sites
Indemnity
General
Jurisdiction
Notice and Take Down Procedures, Copyright Agent
Complete Agreement

The site does not provide medical advice
The contents of the Advanced Health Choices Site, such as text, graphics, images, information obtained from Advanced Health Choices' partners, and other material contained on the Advanced Health Choices Site ("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 questions you may have regarding a medical condition.
Reliance on any information provided by Advanced Health Choices, Advanced Health Choices employees, others appearing on the Site at the invitation of Advanced Health Choices, or other visitors to the Site is solely at your own risk.

Liability of Advanced Health Choices and its licensors
The use of the Advanced Health Choices Site and the Content is at your own risk.
When using the Advanced Health Choices Site, information will be transmitted over a medium that may be beyond the control and jurisdiction of Advanced Health Choices and its suppliers. Accordingly, Advanced Health Choices 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 Advanced Health Choices Site.
The Advanced Health Choices Site and the content are provided on an "as is" basis. ADVANCED HEALTH CHOICES, 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-INFRINGEMENT OF THIRD PARTIES' RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE. Without limiting the foregoing, Advanced Health Choices, its licensors, and its suppliers make no representations or warranties about the following:
1. The accuracy, reliability, completeness, correctness, or timeliness of the Content, software, text, graphics, links, or communications provided on or through the use of the Advanced Health Choices Site or Advanced Health Choices.
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 Advanced Health Choices Site.
In no event shall Advanced Health Choices, its licensors, its suppliers, or any third parties mentioned on the Advanced Health Choices Site 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 Advanced Health Choices Site or the Content, whether based on warranty, contract, tort, or any other legal theory, and whether or not Advanced Health Choices, its licensors, its suppliers, or any third parties mentioned on the Advanced Health Choices Site are advised of the possibility of such damages. Advanced Health Choices, its licensors, its suppliers, or any third parties mentioned on the Advanced Health Choices Site shall be liable only to the extent of actual damages incurred by you, not to exceed U.S. $1000. Advanced Health Choices, its licensors, its suppliers, or any third parties mentioned on the Advanced Health Choices Site are 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 and Conditions are exclusive and are limited to those expressly provided for in these Terms and Conditions.
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User submissions
The personal information you submit to Advanced Health Choices is governed by the Advanced Health Choices Privacy Policy. To the extent there is an inconsistency between this Agreement and the Advanced Health Choices Privacy Policy, this Agreement shall govern.
You agree that you will not upload or transmit any communications or content of any type to the Public Areas (including blogs, message boards, etc.) that infringe or violate any rights of any party. By submitting communications or content to the Public Areas, you agree that such submission is non-confidential for all purposes.
If you make any such submission you agree that you will not send or transmit to Advanced Health Choices by email, (including through the email addresses listed on the "Contact Us" link) any communication or content that infringes or violates any rights of any party. If you submit any business information, idea, concept or invention to Advanced Health Choices by email, you agree such submission is non-confidential for all purposes.
If you make any submission to a Public Area or if you submit any business information, idea, concept or invention to Advanced Health Choices by email, you automatically grant-or warrant that the owner of such content or intellectual property has expressly granted-Advanced Health Choices a royalty-free, perpetual, irrevocable, world-wide nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, and display the communication or content in any media or medium, or any form, format, or forum now known or hereafter developed. Advanced Health Choices may sublicense its rights through multiple tiers of sublicenses. If you wish to keep any business information, ideas, concepts or inventions private or proprietary, do not submit them to the Public Areas or to Advanced Health Choices by email. We try to answer every email in a timely manner, but are not always able to do so.

You agree to only post or upload Media (like photos, videos or audio) that you have taken yourself or that you have all rights to transmit and license and which do not violate trademark, copyright, privacy or any other rights of any other person. Photos or videos of celebrities and cartoon or comic images are usually copyrighted by the owner.
To protect your privacy, you agree that you will not submit any media that contains Personally Identifiable Information (like name, phone number, email address or web site URL.) of you or of anyone else. Uploading media like images or video of other people without their permission is strictly prohibited.
By uploading any media on the Advanced Health Choices site, you warrant that you have permission from all persons appearing in your media for you to make this contribution and grant rights described herein. Never post a picture or video of or with someone else unless you have their explicit permission.
It is strictly prohibited to upload media of any kind that contain expressions of hate, abuse, offensive images or conduct, obscenity, pornography, sexually explicit or any material that could give rise to any civil or criminal liability under applicable law or regulations or that otherwise may be in conflict with these Terms and Conditions, the Advanced Health Choices Advertising Policy and the Advanced Health Choices Privacy Policy.
You agree that you will not upload any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or this Web site.
By uploading any media like a photo or video, (a) you grant to Advanced Health Choices a perpetual, non-exclusive, worldwide, royalty-free license to use, copy, print, display, reproduce, modify, publish, post, transmit and distribute the media and any material included in the media; and (b) you certify that any person pictured in the submitted media (or, if a minor, his/her parent/legal guardian) authorizes Advanced Health Choices to use, copy, print, display, reproduce, modify, publish, post, transmit and distribute the media and any material included in such media; and (c) you agree to indemnify Advanced Health Choices and its affiliates, directors, officers and employees and hold them harmless from any and all claims and expenses, including attorneys' fees, arising from the media and/or your failure to comply with these the terms described in this document.
Advanced Health Choices reserves the right to review all media prior to submission to the site and to remove any media for any reason, at any time, without prior notice, at our sole discretion
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Account Information & Passwords
Advanced Health Choices has several tools that allow you to record and store information. You are responsible for taking all reasonable steps to ensure that no unauthorized person shall have access to your Advanced Health Choices passwords or accounts. It is your sole responsibility to (1) control the dissemination and use of activation codes and passwords; (2) authorize, monitor, and control access to and use of your Advanced Health Choices account and password; (3) promptly inform Advanced Health Choices of any need to deactivate a password. You grant Advanced Health Choices and all other persons or entities involved in the operation of the Site the right to transmit, monitor, retrieve, store, and use your information in connection with the operation of the Site. Advanced Health Choices cannot and does not assume any responsibility or liability for any information you submit, or your or third parties' use or misuse of information transmitted or received using Advanced Health Choices tools and services.
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Advanced Health Choices Forum ("public areas")
If you use a Public Area, such as a chat room, message boards, blogs or community Ask Our Expert posting or other member communities, you are solely responsible for your own communications, the consequences of posting those communications, and your reliance on any communications found in the Public Areas. Advanced Health Choices and its licensors are not responsible for the consequences of any communications in the Public Areas. In cases where you feel threatened or believe someone else is in danger, you should contact your local law enforcement agency immediately. If you think you may have a medical emergency, call your doctor or 911 immediately.
In consideration of being allowed to use the Public Areas, you agree that the following actions shall constitute a material breach of the Terms and Conditions:
1. Using a Public Area for any purpose in violation of local, state, national, or international laws;
2. Posting material that infringes on the intellectual property rights of others or on the privacy or publicity rights of others;
3. Posting material that is unlawful, obscene, defamatory, threatening, harassing, abusive, slanderous, hateful, or embarrassing to any other person or entity as determined by Advanced Health Choices in its sole discretion;
4. Posting advertisements or solicitations of business;
5. After receiving a warning, continuing to disrupt the normal flow of dialogue, or posting comments that are not related to the topic being discussed (unless it is clear the discussion is free-form);
6. Posting chain letters or pyramid schemes;
7. Impersonating another person;
8. Distributing viruses or other harmful computer code;
9. Harvesting or otherwise collecting information about others, including email addresses, without their identification for posting or viewing comments; consent;
10. Allowing any other person or entity to use your identification for posting or viewing comments
11. Posting the same note more than once or "spamming"; or
12. Engaging in any other conduct that restricts or inhibits any other person from using or enjoying the Public Area or the Site, or which, in the judgment of Advanced Health Choices, exposes Advanced Health Choices or any of its customers or suppliers to any liability or detriment of any type.
Advanced Health Choices reserves the right (but is not obligated) to do any or all of the following:
1. Record the dialogue in public chat rooms.
2. Investigate an allegation that a communication(s) do(es) not conform to the terms of this section and determine in its sole discretion to remove or request the removal of the communication(s).
3. Remove communications which are abusive, illegal, or disruptive, or that otherwise fail to conform with these Terms and Conditions.
4. Terminate a user's access to any or all Public Areas and/or the Advanced Health Choices Site upon any breach of these Terms and Conditions.
5. Monitor, edit, or disclose any communication in the Public Areas.
6. Edit or delete any communication(s) posted on the Advanced Health Choices Site, regardless of whether such communication(s) violate these standards.
Advanced Health Choices has no liability or responsibility to users of the Advanced Health Choices Site or any other person or entity for performance or nonperformance of the aforementioned activities
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Advertisements, searches, and links to other sites
Advanced Health Choices may provide links to third-party web sites. Advanced Health Choices also may select certain sites as priority responses to search terms you enter and Advanced Health Choices may agree to allow advertisers to respond to certain search terms with advertisements or sponsored content. Advanced Health Choices does not recommend and does not endorse the content on any third-party websites. Advanced Health Choices is not responsible for the content of linked third-party sites, sites framed within the Advanced Health Choices 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 websites is at your own risk and subject to the terms and conditions of use for such sites. Advanced Health Choices does not endorse any product, service, or treatment advertised on the Advanced Health Choices Site.
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Indemnity
You agree to defend, indemnify, and hold Advanced Health Choices, its 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 and Conditions.
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General
Advanced Health Choices is based in New York, New York, in the United States of America with principal offices in New York, New York and Atlanta, Georgia. Advanced Health Choices makes no claims that Advanced Health Choices, Advanced Health Choices Weight Loss Clinic, Advanced Health Choices Health Manager, or any Site within the Advanced Health Choices Network and the Content are 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 Advanced Health Choices Network 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, User Submissions – image, video, audio files, Indemnity, Jurisdiction, and Complete Agreement.
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Jurisdiction
You expressly agree that exclusive jurisdiction for any dispute with Advanced Health Choices, or in any way relating to your use of the Advanced Health Choices Site, resides in the courts of the State of Georgia and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the State of Georgia in connection with any such dispute including any claim involving Advanced Health Choices or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers, and content providers.
These Terms and Conditions are governed by the internal substantive laws of the State of Georgia, without respect to its conflict of laws principles. If any provision of these Terms and Conditions 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 and Conditions, which shall remain in full force and effect. No waiver of any of these Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or any other term or condition.
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Complete agreement
Except as expressly provided in a particular "legal notice" on the Advanced Health Choices Site, these Terms and Conditions and the Advanced Health Choices Privacy Policy constitute the entire agreement between you and Advanced Health Choices with respect to the use of the Advanced Health Choices Site, and Content.
Thank you for your cooperation. We hope you find the Advanced Health Choices.com Site helpful and convenient to use! Questions or comments regarding this website, including any reports of non-functioning links, should be submitted using our Contact Us Form or via U.S. mail to: Advanced Health Choices Office of Privacy, 1175 Peachtree Street, NE, Atlanta, GA 30361.
Advanced Health Choices Health Manager: Questions or comments regarding the Advanced Health Choices Health Manager web site, including any reports of non-functioning links, should be directed by email via our online web form in the Health Manager or by U.S. Mail to Advanced Health Choices Customer Service, 520 NW Davis, Suite 300, Portland, OR 97209 Attn: Advanced Health Choices Health Manager Member Services. We try to answer every email in a timely manner but due to volume may not always be able to do so.
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Last Updated: June 2009