Holland PHO Terms and Conditions

Last Updated: June 1, 2010

Your use of the Holland Community PHO ("Holland PHO") website (the "Site") is subject to the terms of this agreement between you and Holland PHO. 

This site is for informational purposes only, and is not intended to provide and is not a substitute for professional medical advice. The health information provided on this Site may not be appropriate for you or for your particular situation, and reviewing the information available on this site cannot replace the relationship that exists between you and your physician or other health care provider.

1.         Your Agreement.  The Site is owned and operated by Holland PHO and is made available to you only for non-commercial, informational purposes. By accessing or using this Site you agree to these Terms and Conditions and to Holland PHO's Privacy Policy, as they may be modified from time to time, without limitation or qualification.  If you do not agree to the Terms and Conditions and Privacy Policy, you may not use this Site.  You can accept these terms and conditions by either clicking to accept or agree to the terms when this option is available with respect to any of the services provided or by using the Site. 

2.         Your Use of Site.  Unless otherwise specified, the Site is provided to you for your personal and non-commercial use.  You may not modify, copy, distribute, transmit, reproduce, publish, license or sublicense, create derivative works from, transfer, or sell any information, software, text, images, or other content of any type ("Site Content") obtained from the Site.  You may display and electronically copy or download and print one (1) hard copy of the Site Content contained on the Site for your own personal, non-commercial use provided that you do not modify or delete any copyright, trademark or other proprietary notice or disclaimers.  Any other use of the Site Content, without the prior written permission of Holland PHO, is prohibited.  Any Site Content that you download is owned or licensed by Holland PHO and is provided to you by Holland PHO under a license that is revocable.

You may not use, store, display, publish, transmit, distribute, modify, reproduce, create derivative works from, participate in the transfer or sale of, publicly perform, or in any way exploit any of the Site Content or the User Content (as defined below), in whole or in part, outside of the specific usage rights granted to you by Holland PHO as described in these Terms and Conditions. You may not use the Site in any manner that interferes with Holland PHO's normal operations or with the use and enjoyment of another user. You agree to use the Site and the services only for their intended lawful purpose and in accordance with applicable laws. 

3.         Membership.  The Site may now or in the future offer password-protected content and/or interactive features on the Site that require you to become a member before you can view the material, post material to the Site or otherwise participate in interactive features.    

You may receive a password permitting access to certain secure areas of the Site.   You are responsible for maintaining the confidentiality of your password.  You shall be responsible for all uses of your password, whether or not authorized by you.  You agree to immediately notify Holland PHO of any unauthorized use of your password.  Holland PHO cannot and will not be liable for any loss or damage arising from your failure to comply with this section.  Access to and use of password protected and/or secure areas are restricted to authorized users only.  Unauthorized individuals attempting to access these areas may be subject to prosecution.

If membership opportunities are offered on the Site, they shall be available only to users over the age of 18 who truthfully and accurately provide all required information (including a legitimate e-mail address) and obtain a unique username, password and/or other registration information ("Account Information").  You agree and represent that all Account Information you provide will be accurate and up-to-date. If any of your Account Information changes, you must update it.  Upon becoming a member of the Holland PHO Site or providing any personal information through the Site, you agree that the information can be used by Holland PHO in accordance with its Privacy Policy.  We may at some time utilize e-mail to communicate with users about service-related matters; by becoming a Site member you are consenting to the receipt of these communications.

You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept sole responsibility for all activities that occur under your account or password. You may notify Holland PHO at 175 S. Waverly Rd., Holland, MI 49423 if you become aware of any unauthorized use of your account or password.  FURTHERMORE, YOU ARE STRONGLY ADVISED TO MAINTAIN AND PROTECT YOUR PRIVACY BY CHOOSING CAREFULLY WHAT PERSONALLY IDENTIFIABLE INFORMATION YOU INCLUDE IN USER CONTENT (AS DEFINED BELOW) YOU POST OR TRANSMIT TO THE SITE. 

Holland PHO reserves the right to suspend, cancel or discontinue the Site or any feature provided on the Site in whole or in part, or with respect to any individual user at any time without providing notice and without being liable to any user.  Holland PHO also specifically reserves the right to, in its sole discretion, place an upper limit on the number of transmissions that you can submit or receive through the Site or the amount of storage space that you may use.  You may stop using the Site at any time, and do not have to provide Holland PHO with notice that you have stopped using the Site. 

4.         Posting Content on the Site.  You are responsible for all content that you post on or transmit through the Site ("User Content").  You may not post or transmit any of the following: (a) copyrighted material and trademarks that are used without the express, written consent of the owner of such copyrighted material and/or trademark; (b) advertisements, promotions, solicitations or offers to sell any goods or services for any commercial purpose unless you have Holland PHO's express, written consent; (c) material that, in the sole discretion of Holland PHO, is pornographic, sexually explicit or obscene; (d) content that, in the sole discretion of Holland PHO, exploits children and/or minors; (e) content that discloses or contains any personally identifiable information beyond a first name about any person who appears to be under the age of 18 or that includes private, confidential information; (f) content that Holland PHO has reason to believe was posted for malicious or vindictive purposes, including libel, slander, defamation or harassment; (g) content that, in the sole discretion of Holland PHO, may be deemed grossly offensive to users of the Site, including, but not necessarily limited to, blatant expressions of bigotry, prejudice, racism, hatred or profanity; (h) content that promotes hate or may incite or threaten violence toward groups based on religion, race, ethnicity, gender, age, disability, sexual orientation or gender identity; (i) content promoting or providing instructional information about illegal or illicit activities; (j) content that transmits or contains viruses, corrupted files, etc. By registering as a member of the Site, you consent to having your User Content co-mingled with other User Content that may appear on the Site.

Based on the very nature of interactive features on the Site, Holland PHO does not necessarily endorse, support, sanction, encourage, verify, or agree with the comments, opinions, or statements posted on Holland PHO's public message boards, conversation pages, chat rooms, blogs, profile pages and other similar services, or otherwise contained in the Site.  Any information or material placed on the Site are the views and responsibility of the User who posts the statements and do not necessarily represent the views of Holland PHO. You agree that Holland PHO is not responsible for, and shall have no liability to you with respect to, any information or materials or User Content posted by others, including defamatory, offensive, deceptive or illicit material, even material that violates these Terms and Conditions. 

The presentations, educational materials, and all other similar materials which are provided to medical professionals through the Site are intended for convenience and information purposes only, and are not intended to be considered as medical advice, nor as a substitute for performing your own independent analysis and using your own medical judgment.  Holland PHO makes no representations or warranties regarding the accurateness or completeness of any of the information made available to health professionals through this Site, and all works are the sole responsibility of the author thereof. 

Furthermore, you agree that Holland PHO claims no responsibility for, and shall have no responsibility to verify the accuracy or completeness of certain educational materials that are intended for professionals, whether or not posted to the Site by Holland PHO, and whether or not the health professional who prepared  the materials is employed by or otherwise affiliated with Holland PHO.

5.         Examination of Site; Removal of Content on Site.  Holland PHO may examine User Content on the Site from time to time and Holland PHO maintains the absolute right (though not the obligation) in the sole discretion of Holland PHO to remove any User Content that does not meet the standards listed above in paragraph 4 or that is otherwise objectionable in Holland PHO's sole and absolute discretion.  Holland PHO also reserves the right to immediately terminate your access to the Site without notice or opportunity to cure if you fail to abide by these Terms and Conditions.

6.         Intellectual Property Rights.  You agree that Holland PHO (or its licensor) owns any and all world-wide, registered or unregistered, intellectual property rights and interests that may reside in the Site.  Distribution, transmission, modification, copying, reproducing or any other type of use of the Site Content for commercial or public purposes is prohibited without the prior express written permission of Holland PHO.  Further, you agree that you have no right to use any trademarks, service marks or logos displayed on the Site without the prior express written permission of Holland PHO.  Other product names or business names that are published on the Site may be the property of their respective owners. 

7.         Grant of License by You to Holland PHO.  Holland PHO shall not have intellectual property rights in User Content that is posted on the Site, and shall have no responsibility or obligation to protect or enforce any intellectual property rights that may exist in the User Content.  By posting or transmitting User Content on or through the Site, you are granting to Holland PHO a nonexclusive, perpetual, irrevocable, worldwide, sub-licensable, royalty-free license to use, store, display, publish, transmit, transfer, distribute, reproduce, rearrange, edit, modify, aggregate your User Content with other User Content, create derivative works of and publicly perform that User Content for any purpose on and through each of the services provided by the Site or on other sites owned by Holland PHO or its affiliates or partners. This license shall apply to the distribution and the storage of your User Content in any form, medium, or technology now known or later developed.  Holland PHO has the right, but not the obligation, to use your name, city and state in connection with any use of your User Content.         

8.         Links to Other Sites.    From time to time, we may post links to other sites on the World Wide Web, or you may arrive at our web site from a link posted on someone else's web site. You acknowledge that such other sites or locations are not under the control of Holland PHO and you agree that  Holland PHO shall not be responsible for any information or additional links found at such other site or location, or for your use of such information. Holland PHO has not endorsed, tested or verified any information or programs found at such sites.

9.         Disclaimer of Warranties.  ALL CONTENT IS SUBJECT TO CHANGE AND IS PROVIDED TO YOU "AS IS" AND ON AN "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.  Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you.  Without limiting the foregoing, Holland PHO neither warrants nor represents that your use of any Site Content or User Content will not infringe the rights of any third parties nor that the Site Content or User Content will be accurate, complete, up-to-date or available for your use when desired.  Additionally, with reference to any discussions, postings, news and the like that may be on the Site, Holland PHO assumes no responsibility or liability arising from any infringing, threatening, false, misleading, defamatory, vulgar, obscene, scandalous, inflammatory, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law, contained in any such locations on the Site.

10.        Limitation of Liability.  YOUR USE OF THE SITE IS AT YOUR OWN RISK.  IN NO EVENT SHALL HOLLAND PHO BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER, EVEN IF HOLLAND PHO HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE, OR ANY OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE, OR PERFORMANCE OF THE INFORMATION, SERVICES, PRODUCTS, MATERIALS, SITE CONTENT AND USER CONTENT AVAILABLE FROM THIS SITE.  THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.  Please note that some jurisdictions may not allow the exclusion of certain damages, so some of the above exclusions may not apply to you, but shall be enforced to the fullest extent permitted under law.

11.        Indemnification.  You agree to indemnify, defend, and hold harmless Holland PHO, its officers, directors, employees, agents, licensors, and suppliers from and against all losses, expenses, damages and costs, including reasonable attorneys' fees and court costs resulting from: (a) any violation of these Terms and Conditions, (b) any activity related to your internet account (including, but not limited to, negligent or wrongful conduct by you or any other person accessing the Site using your internet account or computer), and/or (c) any User Content you submit or transmit through the Site in violation of these Terms and Conditions.  You also agree to take sole responsibility for any royalties, fees or other monies owed to any person by reason of any User Content you post or transmit through the Site.

12.        Digital Millennium Copyright Act.  Holland PHO intends to comply with the requirements of the Digital Millennium Copyright Act ("DMCA").  If you own a copyright or are the agent of a copyright owner, and you believe that any User Content infringes your copyrights, you may submit written notification to Heather Eizenga at 175 S. Waverly Rd., Holland, MI 49423, including the information required for such notifications by the DMCA, including the following (or any other requirements provided in the DMCA at the time of such notification): (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 copyrighted works, or a representative listing if multiple works are allegedly infringing on a single online site; (c) identification of the material which is claimed to be infringing and information reasonably sufficient to permit Holland PHO to locate the material; (d) information reasonably sufficient to permit Holland PHO to contact you, such as a telephone number, address or e-mail address; (e) a statement of your good faith belief that the complained of use is not authorized by the copyright owner, its agent, or the law; and (f) a statement that the information in the written notification is accurate and, under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. 

If you are a user whose User Content has been disabled or removed from the Site, and you believe that your User Content is not infringing or if you have been authorized by the owner of the copyright, its agent or the law to post or transmit the content as User Content, you may send a counter-notice to Heather Eizenga at 175 S. Waverly Rd., Holland, MI 49423, including the information required for such notifications by the DMCA, including the following (or any other requirements provided in the DMCA at the time of such notification):  (a) your physical or electronic signature; (b) identification of your User Content which has been removed or to which your access has been denied and the location at which the User Content appeared before it was removed or disabled; (c) a statement of your good faith belief that the User Content was removed or disabled as a result of mistake or misidentification of the User Content; (d) your name, address, telephone number and e-mail address; and (e) a statement that you will submit to the jurisdiction of the federal courts in the Western District of Michigan and will accept service of process from the person who provided notification to Holland PHO of the allegedly infringing material. 

If the designated contact person at Holland PHO receives a counter-notice, it may send the counter-notice to the complaining party and inform the complaining party that the User Content will be restored or access to the User Content enabled within 10 business days.  Holland PHO shall have the sole discretion to replace the User Content or enable access to the User Content at any time after 10 business days from the time it provides such notice to the complaining party, unless the copyright owner files an action seeking a court order against the user who supplied the User Content. 

13.        Law and Jurisdiction.  These Terms and Conditions and your use of the Site are governed by the laws of the State of Michigan, USA, without regard to its choice of law provisions.  The courts of general jurisdiction located within Ottawa County, Michigan, USA, will have exclusive jurisdiction over any and all disputes arising out of, relating to, or concerning these Terms and Conditions and the Site or in which these Terms and Conditions and/or the Site are a material fact.

14.        Modification and Termination.  By providing Site Content, Holland PHO does not promise that the Site Content will remain available to you.  By using this Site, you agree to accept and abide by these Terms and Conditions.  If you do not agree to accept and abide by these Terms and Conditions, do not use the Site. Holland PHO may revise or modify these Terms and Conditions from time to time and post such revisions or modifications on this page.  If these Terms and Conditions are revised, the revised Terms and Conditions will be posted here with the date of the most recent version posted above.  Continued use of the Site after any such revision or modification constitutes your acceptance of the Terms and Conditions as so revised or modified, and the revised or modified terms will completely replace any prior version of this agreement or other legal agreement regarding the same subject matter between you and Holland PHO. 

Holland PHO may end this legal agreement with you at any time if you violate the terms of the agreement, if Holland PHO is required to do so by law, or if Holland PHO determines, in its sole discretion, that it is no longer commercially viable to continue offering you access to the Site.  Holland PHO shall have the right to assign or transfer any rights or licenses granted by these Terms and Conditions.  Upon termination of this agreement, Sections 6-10 and 12 of this agreement shall survive, as well as any other provision necessary to preserve the intent of the parties' agreement as herein expressed.  

15.        Governing Agreement.  These Terms and Conditions shall govern your legal relationship with Holland PHO.  However, if additional terms and conditions are at any time provided with respect to a particular service or feature of the Site, those terms and conditions will control with respect to the particular service or feature to which they relate if there is a conflict between the service- or feature-specific terms and these Terms and Conditions.

16.        Contact Information.  Holland PHO welcomes your comments regarding these Terms and Conditions.  If you have any questions, please feel free to contact Holland PHO:
Holland PHO, 175 S. Waverly Rd., Holland, MI 49423

E-mail: Heather Eizenga
Phone: (616) 355-3885
Main Fax: (616) 393-7434