Terms and Conditions
- ACCEPTANCE OF TERMS
- USER ACCOUNTS
If you establish an account at this site in order to purchase products or receive information from us, you are responsible for maintaining the confidentiality and accurateness of your account and your password. By establishing an account, User agrees to accept responsibility for all activities that occur at the site under your account and password. JPH Global reserves the right, in its sole discretion, to refuse service, cancel orders or terminate your account. If a User account has been accessed by unauthorized user, including without limitation, by identify theft or user name and password hacking, then the User, and not JPH Global, shall be responsible for the use of this site and all related charges.
- COPYRIGHT AND MARKS
All content on the site (with the exception of content provided by JPH Global’s third party content providers and materials posted by Users) are the copyrighted property of JPH Global. Other than the download to the viewer’s computer that is inherent in viewing a web page, site contents may not be copied, reproduced, modified, published, uploaded, posted, transmitted, on another site, or distributed in any way without the prior written consent of JPH Global.
- User Submissions and User Provided Information (“User Works”). Users shall not upload or transmit any User Works (as defined in Section 11(b)) of any type to any Public Area, which infringes or violates any rights of any other party. By submitting User Works to the Public Areas, users agree that such submission is non-confidential for all purposes. Any user which submits any business information, idea, concept or invention to Site by email agrees that such submission is non-confidential for all purposes;
- Users which submit any communication, text, articles, information, data, databases, statistics, layout, designs, graphics, images, illustrations, logos, process or processes, photographs, products, forms, reference materials, tools, job listings, physician and hospital information, surveys, polls, charts, video(s), personal information which may include a user’s private health information, ideas, concept or inventions, whether copyrighted, trademarked or patented (collectively “User Works’) to the Site, by any means, including without limitation, posting to Site Public Areas whether submitted by posting directly to the Site, or by submitting such User Works to Site by email, mail or facsimile hereby grant Site, a royalty free, perpetual, irrevocable, world-wide, nonexclusive right and license to: (i) use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, and display the User Works in all forms of media and in any format, now known or hereinafter created; (ii) grant sublicenses to the User Works to third parties; and (iii) transfer, sell, or lease the User Works to third parties. Any User Works which are not intended to be treated as Site Content should not be posted on the Site or submitted to the Site by any other means.
- User’s which submit User Works to the Site automatically and immediately grant and warrant that they are the owner of such User Works and expressly grant Site 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 User Works or content in any media or medium, or any form, format, or forum now known or hereafter developed. Site may sublicense its rights through multiple tiers of sublicenses.
- User’s shall indemnify Site against any third party claims related to User Works uploaded and posted on Site which infringe on another party’s intellectual property. User shall indemnify Site for all losses, damages, liabilities and all reasonable expenses (including reasonable attorneys' fees) and costs incurred by Site in any such claim, action, suit or proceeding.
- Site does not and cannot review all User Works and shall not in any manner be responsible for the content created by Site’s uses or user submissions and user provided User Works. Users acknowledge that while Site provides users with the ability to view and distribute user generated content on the Site, Site is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any user submitted content or activities on the Site. Statements made in Public Areas reflect only the views of the user and not that of Site.
- Site reserves the right to block or remove User Works which it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) violates any law or regulation or (e) offensive or otherwise unacceptable to Site at its sole discretion.
- Users which register on any part of Site agree that they will provide true, accurate, current and complete personal information as requested in the registration process/inquiry. Users also agree to update such personal information as often as necessary in order to maintain its accuracy. Users which provide any information which is untrue, inaccurate, not current or incomplete, or if Site has reason to believe such information is untrue, inaccurate, not current or incomplete, then Site has the right in its sole and complete discretion to suspend or terminate such user’s account or use and refuse the user any or all current and future use of any of portion of the Site, or the services of Site.
- PROHIBITED CONDUCT
User expressly agrees to refrain from doing, either personally or through an agent, any of
- a) Use any device or other means to harvest information about other Users.
- b) Transmit, install, upload or otherwise transfer any virus or other item or process to the site that in any way affects the use, enjoyment or service of the site.
- c) Transmit, install, upload or otherwise transfer any virus or other item to the site that in any way affects the use, enjoyment or service of any User’s or any JPH Global employee’s computer or other medium used to access the site.
- d) Post any material on the site that is offensive to any other User. JPH Global maintains the exclusive right to determine what is offensive.
- e) Post or store on the site any content that violates or infringes the intellectual property rights of others (including but not limited to copyrights, trademarks, trade secrets, patents and publicity rights).
- f) Modify the information, including headers, found on the web site.
- g) Transmit, install, upload or otherwise transfer to the site any unauthorized advertisement or communication.
- h) Engage in any action which JPH Global determines is detrimental to the use and enjoyment of the site.
- i) Use the site for any unlawful or defamatory means.
- j) Transmit, install, upload, post or otherwise transfer any information in violation of the laws of the United States or post any information that could result in civil unrest.
- k) Attempt to access, or access, the personal information of another User which is stored on this site.
- l) Permit any person to access this site using the User’s password.
- m) Attempt to, or access, this site using another User’s password.
- n) Use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the site or any content, or in any way reproduce or circumvent the navigational structure or presentation of the site or any content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the site. JPH Global reserves the right to bar any such activity.
- o) Probe, scan or test the vulnerability of the site or any network connected to the site, or breach the security or authentication measures on the site or any network connected to the site, or reverse look-up, trace or seek to trace any information on any other User or any other customer of JPH Global, including any JPH Global account not owned by you, to its source, or exploit the site or any service or information made available or offered by or through the site, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the site.
- Limitation on Usage. All Content viewed, copied, downloaded, modified, printed or otherwise used by users is subject to the following terms and conditions:
- This Site allows RSS feed usage or linking. However, users of this Site have no permission to take, use, modify, or alter such RSS feeds in a way which will violate copyright, trademark, or, any other property rights of the owner of such property;
- Users are provide a limited license to use Site’s content for personal, but NOT for commercial use or any other non-personal use;
- Notice of any proprietary, copyright, trademark, service mark or mark shall be kept intact, and no modification(s) is or are permitted in any form whatsoever, and all copyright or other proprietary notices must appear in all copies made and used by the user; and
- Site strictly prohibits its user from disrupting the Site or causing a nuisance on the Site, including without limitation, any user transmitting any unlawful, copyrighted, trademarked, threatening, libelous, defamatory, obscene, pornographic, or profane material, or any other material, which could constitute or encourage conduct that could be considered a criminal offense or violate any laws. Further, users agree not to use any Content or resources available on or through Site to perpetrate prohibited, illegal, or abusive conduct, whether against Site, its affiliates, its owners or any other third party.
- DISCLAIMER AND LIMITATION OF LIABILITY
Although JPH Global has attempted to provide accurate information on the site, it makes no guarantee or warranty, express or implied, as to the reliability, accuracy, timeliness or completeness of that information and assumes no responsibility for any errors or omissions therein. USER ACCESSES THIS SITE AT HIS OR HER OWN RISK. THE SITE IS PROVIDED ON AN “AS IS, AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND AND ANY AND ALL WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT ARE SPECIFICALLY DISCLAIMED. NEITHER JPH GLOBAL NOR ITS AFFILIATES, EMPLOYEES, AGENTS OR THIRD PARTY CONTENT PROVIDERS SHALL BE LIABLE FOR ANY LOSS RESULTING FROM USE OR UNAVAILABILITY OF INFORMATION OR CONTENT ON THIS SITE, INCLUDING BUT NOT LIMITED TO ANY LOST PROFITS, LOSS OR DAMAGE TO DATA, OR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, COMPENSATORY OR INCIDENTAL DAMAGES, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS DISCLAIMER IS APPLICABLE TO ANY DAMAGE OR INJURY RESULTING FROM NEGLIGENCE OR OMISSION OF JPH GLOBAL, COMPUTER VIRUS OR OTHER SIMILAR ITEM, TELECOMMUNICATIONS ERRORS, OR UNAUTHORIZED ACCESS TO OR USE OF USER INFORMATION THROUGH THEFT OR ANY OTHER MEANS. JPH GLOBAL IS NOT LIABLE FOR CRIMINAL, TORTIOUS, OR NEGLIGENT ACTIONS OR OMISSIONS OF THIRD PARTIES THAT AFFECT THIS SITE. IN NO EVENT WILL JPH GLOBAL OR ANY OF ITS AFFILIATES, AGENTS, EMPLOYEES, ASSIGNS OR THIRD PARTY CONTENT PROVIDERS BE HELD LIABLE FOR ANY TORTIOUS OR ILLEGAL CONDUCT OF OTHER USERS. IN NO EVENT WILL JPH GLOBAL OR ANY OF ITS AFFILIATES, AGENTS, EMPLOYEES OR ASSIGNS BE HELD LIABLE FOR ANY DAMAGE TO EQUIPMENT, HARDWARE OR OTHER PROPERTY OF USER OR PERSONAL INJURY THAT ARISES IN CONNECTION WITH USE OF THE SITE.
- THIRD PARTY CONTENT
JPH Global is not the publisher or speaker of any information on the site that is provided by third-party content providers or by Users, and JPH Global is not liable for any claims related to that information. Any mention on the site of products or services provided by third parties is for informational purposes only and constitutes neither an endorsement nor a recommendation by JPH Global. JPH Global assumes no responsibility for those products or services. Any dealings among any User and any third parties mentioned on or found through the site are solely between the Users and the third parties, and are subject to any terms, conditions, warranties or representations associated with those dealings.
JPH GLOBAL MAKES NO WARRANTY, EITHER EXPRESSED OR IMPLIED, OF THE ACCURACY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE INFORMATION PROVIDED BY THIRD PARTIES. THIS INCLUDES, BUT IS NOT LIMITED TO, ANY INFORMATION FOUND ON A LINK LOCATED ON THIS SITE THAT ALLOWS USERS TO ACCESS INFORMATION FOUND ON ANOTHER SITE. ADDITIONALLY, JPH GLOBAL DOES NOT WARRANT THE EXISTENCE OR FUNCTIONALITY OF ANY SITE WHICH CAN BE ACCESSED THROUGH A LINK LOCATED ON THIS SITE.
- User Content
JPH Global may from time to time and at its sole discretion post content on the site that has been submitted to JPH Global by User, including but not limited to product reviews or other comments (collectively, “User Content”). User may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of any User Content. User retains the copyright in any User Content and grants JPH Global a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display, throughout the world in any media, any and all User Content. User also grants JPH Global the right to use the name submitted by User in connection with User Content, if JPH Global so chooses. User represents and warrants that User owns or otherwise controls all of the rights to the User Content; that the User Content is accurate; that use of the User Content does not violate this Agreement and will not cause injury to any person or entity; and that User will indemnify JPH Global for all claims resulting from the User Content. JPH Global has the right but not the obligation to monitor and edit or remove any User Content. JPH Global takes no responsibility and assumes no liability for any User Content.
User agrees to defend, indemnify and otherwise hold harmless JPH Global and its officers, directors, agents, employees and assigns from and against any cause of action or claim, including legal fees, related to User’s use of the site.
Users are prohibited from violating or attempting to violate the security of the site. JPH Global will investigate occurrences of possible violations and will cooperate with all applicable law enforcement authorities in prosecuting violators.
JPH Global may disclose any information we have about you (including your identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the site, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) JPH Global’s
rights or property, or the rights or property of visitors to or users of the site, including JPH Global’s customers. JPH Global reserves the right at all times to disclose any information that JPH Global deems necessary to comply with any applicable law, regulation, legal process or governmental request. JPH Global also may disclose your information when JPH Global determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.
- TERMINATION OF AGREEMENT
Either JPH Global or User may terminate this Agreement at its discretion. In addition to JPH Global’s other rights, JPH Global may terminate access to this site or cancel membership to any
service that JPH Global provides on the site, if User breaches this Agreement in any way or engages in conduct that JPH Global deems inappropriate. In the event of termination of this Agreement, the provisions in this paragraph and the provisions found in paragraphs 4, 5, 6, 7, 8,
9 and 11 shall survive.
User is granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of the site so long as the link does not portray JPH Global or its products or services in a false, misleading, derogatory, or otherwise offensive matter. User may not use any JPH Global logo or other proprietary graphic or trademark as part of the link without express written
permission. JPH Global reserves the right to terminate any link found on the site at any time. User may not utilize framing techniques to enclose any trademark, logo, or other JPH Global proprietary information (including images, text, page layout, or form) or use any meta tags or any other “hidden text” utilizing JPH Global’s name or trademarks without JPH Global’s express written consent.
- COPYRIGHT PROTECTION. Notices and Procedures for Making Claims of Copyright Infringement. Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to the Site’s designated agent listed below (“Notice”). This Site respects the intellectual property of others, and we ask all users and visitors to do the same. Site will process and investigate notices of alleged infringement and will take all appropriate actions under the Digital Millennium Copyright Act as amended ("DMCA") and other applicable intellectual property laws. Upon receipt of notices complying with the DMCA, Site will act to remove or disable access to any material found to be infringing or found to be the subject of infringing activity and will act to remove or disable access to any reference or link to material or activity that is found to be infringing. User’s which believe that their work has been copied in a way that constitutes copyright infringement, should provide Notice Site with the following information:
- a physical or electronic signature of the person authorized to act on behalf of the owner of an exclusive copyright that is allegedly infringed;
- a description of the copyrighted work which is claimed to be infringed;
- a description of where the material claimed to be infringed is located on the Site;
- the user’s address, telephone number, and email address and all other information reasonably sufficient to permit Site to respond to such notice;
- a statement which provides that you the user have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
- a statement by you the user, under penalty of perjury, declare that the above information in user’s Notice is accurate and that you are the copyright owner or authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Claims of copyright infringement shall be submitted to the following designated agent for JPH Global:
Subject: JPH DMCA Notice
By Email: firstname.lastname@example.org
(Please include "Notice of Infringement" in the subject line.)
USERS SHOULD TAKE NOTE THAT USERS WHICH KNOWINGLY MISREPRESENT A DMCA CLAIM BY FALSELY STATING THAT ANY ONLINE MATERIAL IS INFRINGING WHEN THERE IS NO ACTUAL INFRINGMENT MAY BE SUBJECT TO SIGNIFICANT CIVIL PENALTIES. THESE PENALTIES INCLUDE MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS’ FEES INCURRED BY MOMMD, OR BY ANY OTHER COPYRIGHT OWNER, OR BY ANY COPYRIGHT OWNER’S LICENSEE THAT IS INJURED AS A RESULT OF OUR RELYING UPON SUCH MISREPRESENTATION. USERS MAY ALSO BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY.
- Site is an Equal Opportunity Employer. Site reserves the right to post information about employment opportunities with the site on the site. Site is an equal opportunity employer, employing people without consideration to race, sex, religion, nationality, age or disability. Site does not discriminate in any manner.
Last modified 9/8/2015