LEGAL TERMS & CONDITIONS OF USEOF THE HYTHIAM, INC. WEBSITE
PLEASE READ CAREFULLY. BY USING THIS SITE, YOU SIGNIFY YOUR ACCEPTANCE
TO THESE TERMS OF USE. If you do not agree with any of the below Terms of Use, do not use this site.
Hythiam, Inc. ("Hythiam") may revise and update these Terms and Conditions at any time in its sole discretion. Your access and use whether contained here or elsewhere on the site, and without prior notice of the Hythiam website ("Hythiam Site," or the "Site,") constitutes your unequivocal acceptance of all Terms and Conditions.
In consideration for accessing or using this site, you expressly agree to indemnify and hold Hythiam completely harmless from and against any and all claims arising from such access or use. Further, you waive and release Hythiam against any and all claims, known or unknown, existing or that may arise later, in any way related to your access or use. You hereby further waive the provisions of California Civil Code Section 1542, which state: " A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."
THE SITE DOES NOT PROVIDE MEDICAL ADVICE, DIAGNOSIS OR TREATMENT
The contents of the Hythiam Site, such as text, graphics, images, information on Hythiam products or information obtained from Hythiam's licensors, and other material ("Content") contained on the Hythiam Site are for informational purposes only and should not be used to diagnose or treat a health problem or disease. The Content is not intended to be nor should it be used as a substitute for professional diagnosis or treatment in any way.
Do not use the information found on Hythiam.com as a substitute for professional evaluation and treatment. Any information you find here or on websites which we link to should be verified with your Professional Health Care Provider. Consult your Professional Health Care Provider with any specific medical questions or problems you may have.
If you think you may have a medical emergency or any condition requiring immediate attention, call your doctor or 911 immediately. Hythiam does not recommend or endorse any specific tests, products, procedures, opinions, or other information that may be mentioned on the Site. Reliance on any information provided by Hythiam, its agents or employees, others appearing on the Site at the invitation of Hythiam, or other visitors to the Site is solely at your own risk.
The Hythiam treatment regimens are for use only by licensed healthcare providers who, in the exercise of their independent medical judgment, determine that their use of the Hythiam treatment regimen is in the best interest of their patients. Hythiam makes no claims or representation about the effectiveness or suitability of the Hythiam Treatment Programs for any particular patient. Hythiam licenses its proprietary treatment regimens and programs and provides administrative services to healthcare providers. Hythiam does not deliver medical advice, care, or treatment
to patients.
The Site may contain health- or medical-related materials that you may find sexually explicit or otherwise offensive. Hythiam, its licensors, and its suppliers have no control over and accept no responsibility for how this scientific and medical information is viewed in your local community. You are solely responsible for compliance with the laws applicable to your country, state, and local community of residence.
Your access or use of this site does not create in any way, a physician patient relationship, any sort of confidential relationship, or any other relationship that would give rise to any duties on the part of Hythiam its agents or employees.
Any information related to your physical or mental condition you voluntarily disclose via this site shall be disclosed at your own risk. You understand and agree that while Hythiam is committed to protecting privacy and confidentiality of the information you disclose in accordance with our Privacy Policy, we are unable to ensure protection from hackers, thieves, honest error, or unforseen misconduct.
The users of this site assume all risks of use and shall indemnify and hold Hythiam, Inc. its directors, officers, employees, and agents harmless from and against any and all damages, liabilities, losses, costs, and expenses, including reasonable attorney's fees, arising out of or related to use of information, services or products offered and/or presented in or at this Site.
CHILDREN'S PRIVACY
We are committed to protecting the privacy of children. You should be aware that this Site is not intended or designed to attract children under the age of 13. We do not collect personally identifiable information from any person we actually know is a child under the age of 13.
USE OF CONTENT
Hythiam authorizes you to view or download a single copy of the material on the Hythiam Site solely for your personal, noncommercial use if you include the following copyright notice: "Copyright (c) 2003, Hythiam, Inc. All rights reserved" and other copyright and proprietary rights notices which were contained in the Content. Any special rules for the use of certain software and other items provided on the Hythiam Site may be included elsewhere within the Site and are incorporated into these Terms and Conditions by reference.
The Content is protected by copyright under both United States and foreign laws. Title to the Content remains with Hythiam or its licensors. Any use of the Content not expressly permitted by these Terms and Conditions is a breach of these Terms and Conditions and may violate copyright, trademark, and other laws. Content and features are subject to change or termination without notice in the editorial discretion of Hythiam. All rights not expressly granted herein are reserved to Hythiam and its licensors. If you violate any of these Terms and Conditions, your permission to use the Content automatically terminates and you must immediately destroy any copies you have made of any portion of the Content.
LIABILITY OF HYTHIAM AND ITS LICENSORS
The use of the Hythiam Site and the Content is at your own risk. When using the Hythiam Site, information will be transmitted over a medium which is beyond the control and jurisdiction of Hythiam and its suppliers. Accordingly, Hythiam assumes no liability for or relating to the delay, failure, interruption, or corruption of any data, communications, or other information transmitted in connection with use of the Hythiam Site.
The Hythiam Site and the content are provided on an "as is" basis. Hythiam, 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, NONINFRINGEMENT OF THIRD PARTIES' RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE. Specifically, Hythiam, its licensors, and its suppliers make no representations or warranties about the following:
The accuracy, reliability, completeness, currentness, or timeliness of the Content, software, text, graphics, links, or communications provided on or through the use of the Hythiam Site.
The satisfaction of government regulations requiring disclosure of information on prescription drug products with regard to the Content contained on the Hythiam Site. Hythiam is not promoting or marketing any prescription drug product and makes no claims concerning the efficacy or safety of any drug product. Hythiam has no business or financial relationship to or with any manufacturer or distributor of any drug product. In no event shall Hythiam, its licensors, its suppliers, or any third parties mentioned on the Hythiam 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 or inability to use the Hythiam Site or the Content, whether based on warranty, contract, tort, or any other legal theory, and whether or not Hythiam is advised of the possibility of such damages.
USER SUBMISSIONS
You agree that you will not upload or transmit any communications or content of any type that infringe or violate any rights of any party. By submitting communications or content to any part of this Site, you agree that such submission is non-confidential for all purposes. If you make any such submission, you automatically grant—or warrant that the owner of such content has expressly granted—Hythiam a royalty-free, perpetual, irrevocable, worldwide 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. Hythiam may sublicense its rights through multiple tiers of sublicenses.
HYTHIAM.COM PUBLIC AREAS
If you use a Public Area, 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. Hythiam is 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 these Terms and Conditions:
- Using a Public Area for any purpose in violation of local, state, national, or international laws;
- Posting material that infringes on the intellectual property rights of any party or on the privacy or publicity rights of any party;
- Posting material that is unlawful, obscene, defamatory, threatening, harassing, abusive, slanderous, hateful, or embarrassing to any other person or entity as determined by Hythiam in its sole discretion or pursuant to local community standards Hythiam takes no responsibility for monitoring such content or to evaluate it;
- Posting advertisements or solicitations of business; 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);
- Posting chain letters or pyramid schemes;
- Impersonating another person;
- Distributing viruses or other harmful computer code;
- Harvesting or otherwise collecting information about others, including email addresses, without their consent;
- Allowing any other person or entity to use your identification for posting or viewing comments;
- Posting the same note more than once or "spamming"; or
- 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 Hythiam, exposes Hythiam or any of its customers or suppliers to any liability or detriment of any type.
Hythiam reserves the right (but is not obligated) to do any or all of the following:
- Record the dialogue in public chat rooms.
- 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).
- Remove communications which are abusive, illegal, or disruptive, or that otherwise fail to conform with these Terms and Conditions.
- Terminate a user's access to any or all Public Areas and/or the Hythiam Site upon any breach of these Terms and Conditions.
- Monitor, edit, or disclose any communication in the Public Areas.
- Edit or delete any communication(s) posted on the Hythiam Site, regardless of whether such communication(s) violate these standards.
Hythiam reserves the right to take any action it deems necessary to protect the personal safety of our guests or the public. Hythiam has no liability or responsibility to users of the Hythiam Site or any other person or entity for performance or nonperformance of the aforementioned activities.
ADVERTISEMENTS AND LINKS TO OTHER SITES
Hythiam does not endorse the content, or any other products or services, provided through or referenced on any third-party websites. Hythiam is not responsible for the content of linked third-party sites, sites framed within the Hythiam Site, 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. Hythiam does not endorse any product or service advertised on the Hythiam Site.
INDEMNITY
You agree to defend, indemnify, and hold Hythiam, 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 and court costs, resulting from, or alleged to result from, your violation of these Terms and Conditions.
GENERAL
Hythiam is a New York corporation based in Los Angeles, California, in the United States of America. Hythiam makes no claims that the Content is 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 Hythiam Site 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 these Terms and Conditions for any reason whatsoever: Arbitration, Liability, User Submissions, Indemnity, Jurisdiction, and Complete Agreement.
JURISDICTION
You expressly agree that exclusive jurisdiction for any dispute with Hythiam, or in any way relating to your use of the Hythiam Site, resides in the courts of the State of California, County of Los Angeles and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the State of California in connection with any such dispute including any claim involving Hythiam 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 California, 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.
ARBITRATION
Any controversy, dispute or claim of any nature whatsoever relating to the Hythiam Site, your use of the Hythiam Site or these Terms and Conditions shall be resolved by final and binding arbitration before a retired judge or justice at Judicial Arbitration and Mediation Service in Los Angeles, California, or its successor pursuant to the applicable law. The Arbitrator shall determine the prevailing party, and shall include in the arbitration award all of the prevailing party's costs and expenses, including without limitation all attorney and expert witness fees, costs and expenses.
COMPLETE AGREEMENT
Except as expressly provided in a particular "legal notice" on the Hythiam Site, these Terms and Conditions, including the Hythiam Privacy Policy, constitute the entire agreement between you and Hythiam with respect to the use of the Hythiam Site, and Content. Your use of the Hythiam Site is also subject to the Hythiam Privacy Policy.
Thank you for your cooperation. We hope you find the Hythiam Site helpful and convenient to use! Questions or comments regarding this website should be directed by electronic mail to webmaster@hythiam.com or via U.S. mail to:
Hythiam, Inc. | 11150 Santa Monica Boulevard, Suite 1500 | Los Angeles, CA 90025
