BlackHealthCare.com Service Agreement
"BlackHealthCare.com" is the interactive on-line service operated by BHC.com
on the World Wide Web of the Internet, consisting of information services and
content provided by BHC.com, its subsidiaries, affiliates and other third parties.
"Subscriber" means each person who establishes or accesses a connection ("Account")
for access to and use of BlackHealthCare.com.
(A) This Agreement, which incorporates by reference other provisions applicable
to use of BlackHealthCare.com, including, but not limited to, supplemental
terms and conditions set forth in paragraph 13 hereof ("Supplemental Terms")
governing the use of certain specific material contained in BlackHealthCare.com,
sets forth the terms and conditions that apply to use of BlackHealthCare.com by
Subscriber. By using BlackHealthCare.com (other than to read this Agreement
for the first time), Subscriber agrees to comply with all of the terms and
conditions hereof. The right to use BlackHealthCare.com is personal to
Subscriber and is not transferable to any other person or entity. Subscriber is
responsible for all use of Subscriber's Account (under any screen name or password)
and for ensuring that all use of Subscriber's Account complies fully with the
provisions of this Agreement. Subscriber shall be responsible for protecting the
confidentiality of Subscriber's password(s), if any.
(B) BHC.com shall have the right at any time to change or discontinue any aspect
or feature of BlackHealthCare.com, including, but not limited to, content,
hours of availability, and equipment needed for access or use.
3. Changed Terms.
BHC.com shall have the right at any time to change or modify the terms and conditions
applicable to Subscriber's use of BlackHealthCare.com, or any part thereof,
or to impose new conditions, including, but not limited to, adding fees and charges
for use. Such changes, modifications, additions or deletions shall be effective
immediately upon notice thereof, which may be given by means including, but not
limited to, posting on BlackHealthCare.com, or by electronic or conventional
mail, or by any other means by which Subscriber obtains notice thereof. Any use
of BlackHealthCare.com by Subscriber after such notice shall be deemed to
constitute acceptance by Subscriber of such changes, modifications or additions.
Subscriber shall be responsible for obtaining and maintaining all telephone,
computer hardware and other equipment needed for access to and use of
BlackHealthCare.com and all charges related thereto.
5. Subscriber Conduct.
(A) Subscriber shall use BlackHealthCare.com for lawful purposes only. Subscriber shall
not post or transmit through BlackHealthCare.com any material which violates
or infringes in any way upon the rights of others, which is unlawful, threatening,
abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane
or otherwise objectionable, which encourages conduct that would constitute a criminal
offense, give rise to civil liability or otherwise violate any law, or which, without
BHC.com's express prior approval, contains advertising or any solicitation with respect
to products or services. Any conduct by a Subscriber that in BHC.com's discretion
restricts or inhibits any other Subscriber from using or enjoying
BlackHealthCare.com will not be permitted. Subscriber shall not use
BlackHealthCare.com to advertise or perform any commercial solicitation,
including, but not limited to, the solicitation of users to become subscribers of
other on-line information services competitive with BlackHealthCare.com.
(B) BlackHealthCare.com contains copyrighted material, trademarks and other
proprietary information, including, but not limited to, text, software, photos,
video, graphics, music and sound, and the entire contents of BlackHealthCare.com
are copyrighted as a collective work under the United States copyright laws. BHC.com owns a
copyright in the selection, coordination, arrangement and enhancement of such content,
as well as in the content original to it. Subscriber may not modify, publish, transmit,
participate in the transfer or sale, create derivative works, or in any way exploit,
any of the content, in whole or in part. Subscriber may download copyrighted material
for Subscriber's personal use only. Except as otherwise expressly permitted under
copyright law, no copying, redistribution, retransmission, publication or commercial
exploitation of downloaded material will be permitted without the express permission
of BHC.com and the copyright owner. In the event of any permitted copying, redistribution
or publication of copyrighted material, no changes in or deletion of author attribution,
trademark legend or copyright notice shall be made. Subscriber acknowledges that it
does not acquire any ownership rights by downloading copyrighted material.
(C) Subscriber shall not upload, post or otherwise make available
on BlackHealthCare.com any material protected by copyright, trademark or other
proprietary right without the express permission of the owner of the copyright,
trademark or other proprietary right and the burden of determining that any material
is not protected by copyright rests with Subscriber. Subscriber shall be solely liable
for any damage resulting from any infringement of copyrights, proprietary rights,
or any other harm resulting from such a submission. By submitting material to any
public area of BlackHealthCare.com, Subscriber automatically grants, or warrants
that the owner of such material has expressly granted BHC.com the royalty-free,
perpetual, irrevocable, non-exclusive right and license to use, reproduce,
modify, adapt, publish, translate and distribute such material (in whole or in part)
worldwide and/or to incorporate it in other works in any form, media or
technology now known or hereafter developed for the full term of any copyright
that may exist in such material. Subscriber also permits any other Subscriber to
access, view, store or reproduce the material for that Subscriber's personal use.
Subscriber hereby grants BHC.com the right to edit, copy, publish and distribute any
material made available on BlackHealthCare.com by Subscriber.
(D) The foregoing provisions of Section 5 are for the benefit of BHC.com, its subsidiaries,
affiliates and its third party content providers and licensors and each shall have the
right to assert and enforce such provisions directly or on its own behalf.
6. Disclaimer of Warranty; Limitation of Liability.
(A) SUBSCRIBER EXPRESSLY AGREES THAT USE OF BlackHealthCare.com IS AT
SUBSCRIBER'S SOLE RISK. NEITHER BHC.com, ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE
EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT
BlackHealthCare.com WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY
AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF BlackHealthCare.com, OR AS TO THE
ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE PROVIDED
(B) BlackHealthCare.com IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND,
EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED
WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE
WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION
UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.
(C) THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY
FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY
IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT
OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD,
WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY
OTHER CAUSE OF ACTION. SUBSCRIBER SPECIFICALLY ACKNOWLEDGES THAT BHC.com IS NOT
LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER SUBSCRIBERS
OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY
(D) IN NO EVENT WILL BHC.com, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING,
OR DISTRIBUTING BlackHealthCare.com, BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT
LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES
ARISING OUT OF THE USE OF OR INABILITY TO USE BlackHealthCare.com. SUBSCRIBER HEREBY
ACKNOWLEDGES THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON
(E) IN ADDITION TO THE TERMS SET FORTH ABOVE NEITHER, BHC.com, NOR ITS AFFILIATES,
INFORMATION PROVIDERS OR CONTENT PARTNERS SHALL BE LIABLE REGARDLESS OF THE
CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS
IN, OR UNTIMELINESS OR UNAUTHENTICITY OF, THE INFORMATION CONTAINED WITHIN
BlackHealthCare.com, OR FOR ANY DELAY OR INTERRUPTION IN THE TRANSMISSION
THEREOF TO THE USER, OR FOR ANY CLAIMS OR LOSSES ARISING THEREFROM OR
OCCASIONED THEREBY. NONE OF THE FOREGOING PARTIES SHALL BE LIABLE FOR ANY
THIRD-PARTY CLAIMS OR LOSSES OF ANY NATURE, INCLUDING, BUT NOT LIMITED TO,
LOST PROFITS, PUNITIVE OR CONSEQUENTIAL DAMAGES. PRIOR TO THE EXECUTION OF
A STOCK TRADE, SUBSCRIBERS ARE ADVISED TO CONSULT WITH YOUR BROKER OR OTHER
FINANCIAL REPRESENTATIVE TO VERIFY PRICING OR OTHER INFORMATION. BHC.com, ITS
AFFILIATES, INFORMATION PROVIDERS OR CONTENT PARTNERS SHALL HAVE NO LIABILITY
FOR INVESTMENT DECISIONS BASED ON THE INFORMATION PROVIDED. NEITHER, BHC.com, NOR
ITS AFFILIATES, INFORMATION PROVIDERS OR CONTENT PARTNERS WARRANT OR GUARANTEE
THE TIMELINESS, SEQUENCE, ACCURACY OR COMPLETENESS OF THIS INFORMATION.
ADDITIONALLY, THERE ARE NO WARRANTIES AS TO THE RESULTS OBTAINED FROM THE
USE OF THE INFORMATION.
BHC.com shall have the right, but not the obligation, to monitor the content of
BlackHealthCare.com, including chat rooms and forums, to determine compliance
with this Agreement and any operating rules established by BHC.com and to satisfy
any law, regulation or authorized government request. BHC.com shall have the right
in its sole discretion to edit, refuse to post or remove any material submitted
to or posted on BlackHealthCare.com. Without limiting the foregoing, BHC.com shall
have the right to remove any material that BHC.com, in its sole discretion, finds to
be in violation of the provisions hereof or otherwise objectionable.
Subscriber agrees to defend, indemnify and hold harmless BHC.com, its affiliates and
their respective directors, officers, employees and agents from and against all
claims and expenses, including attorneys' fees, arising out of the use of
BlackHealthCare.com by Subscriber or Subscriber's Account.
Either BHC.com or Subscriber may terminate this Agreement at any time. Without
limiting the foregoing, BHC.com shall have the right to immediately terminate
Subscriber's Account in the event of any conduct by Subscriber which BHC.com,
in its sole discretion, considers to be unacceptable, or in the event of any
breach by Subscriber of this Agreement. The provisions of Sections 5(B), 5(C),
5(D), 6, 8, 10 and this Section 9 shall survive termination of this Agreement.
BHC.com , BlackHealthCare.com , Black Enterprise Magazine, Kidpreneur and the BE 100s
and each of their logos are trademarks of. All rights reserved.
All other trademarks appearing on BlackHealthCare.com are the property of their
11. Third Party Content.
BlackHealthCare.com is a distributor (and not a publisher) of content supplied
by third parties and Subscribers. Accordingly, BlackHealthCare.com has no more
editorial control over such content than does a public library, bookstore, or
newsstand. Any opinions, advice, statements, services, offers, or other
information or content expressed or made available by third parties, including
information providers, Subscribers or any other user of BlackHealthCare.com,
are those of the respective author(s) or distributor(s) and not of BHC.com. Neither
BHC.com nor any third-party provider of information guarantees the accuracy,
completeness, or usefulness of any content, nor its merchantability or
fitness for any particular purpose. (Refer to Section 6 above for the
complete provisions governing limitation of liabilities and disclaimers
of warranty.)In many instances, the content available through BlackHealthCare.com
represents the opinions and judgments of the respective information provider,
Subscriber, or other user not under contract with BHC.com. BHC.com neither endorses nor
is responsible for the accuracy or reliability of any opinion, advice or statement
made on BlackHealthCare.com by anyone other than authorized BHC.com employee spokespersons
while acting in their official capacities. Under no circumstances will BHC.com be liable
for any loss or damage caused by a Subscriber's reliance on information obtained
through BlackHealthCare.com. It is the responsibility of Subscriber to evaluate
the accuracy, completeness or usefulness of any information, opinion, advice or
other content available through BlackHealthCare.com. Please seek the advice of
professionals, as appropriate, regarding the evaluation of any specific information,
opinion, advice or other content.
This Agreement and any operating rules for BlackHealthCare.com established by BHC.com
constitute the entire agreement of the parties with respect to the subject matter
hereof, and supersede all previous written or oral agreements between the parties
with respect to such subject matter. This Agreement shall be construed in accordance
with the laws of the State of New York, without regard to its conflict of laws rules.
No waiver by either party of any breach or default hereunder shall be deemed to be a
waiver of any preceding or subsequent breach or default. The section headings used
herein are for convenience only and shall not be given any legal import.
13. Supplemental Terms
As set forth in the BlackHealthCare.com Service Agreement which governs the use of
BlackHealthCare.com, please be advised that ("BHC.com") nor
its affiliates, information providers or content partners shall be liable regardless
of the cause or duration, for any errors, inaccuracies, omissions, or other defects
in, or untimeliness or unauthenticity of, the information contained within
BlackHealthCare.com, or for any delay or interruption in the transmission
thereof to the user, or for any claims or losses arising therefrom or
occasioned thereby. None of the parties represented in this paragraph 13
shall be liable for any third-party claims or losses of any nature, including,
but not limited to, lost profits, punitive or consequential damages. Prior to
the execution of a stock trade, you are advised to consult with your broker or
other financial representative to verify pricing or other information. BHC.com, its
affiliates, information providers or content partners shall have no liability for
investment decisions based on the information provided. Neither, BHC.com, nor its
affiliates, information providers or content partners warrant or guarantee the
timeliness, sequence, accuracy or completeness of this information.
Additionally, there are no warranties as to the results obtained from the
use of the information.