PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE USING THE CHICKASAWNATIONHEALTH.COM WEBSITE OR PARTICIPATING IN ANY ONLINE FEATURES, SERVICES AND/OR PROGRAMS OFFERED BY US, INCLUDING, BUT NOT LIMITED TO, ANY MOBILE APPLICATIONS. For purposes of these Terms of Service, “You” and “Your” means you, the entity you represent, or any person accessing the website by any method on your behalf.
Copyright
The ChickasawNationHealth.com website (the "Service") is owned and operated by the Chickasaw Nation, ChickasawNationHealth.com and its parent, affiliate or subsidiary companies (“We”, “Us” and “Our”) and contains material that is protected by applicable international copyright, trademark and other intellectual property laws. We retain all copyright, trademark and other intellectual property rights to the materials contained in the Service. You agree to not modify, create derivative works, add, or replace any material, in whole or in part, including all software, provided by the Service. You may download material from the Service and may use the Service for Your personal, non-commercial use only, provided You keep intact all copyright and other proprietary notices.
Consent
As part of our Service, We agree to provide You with information and other computer services subject to these Terms of Service. You agree to use the Service in accordance with these Terms of Service. Accessing the Service, in any manner, constitutes consent that You agree to be bound by these Terms of Service. Because the Web is an evolving medium, We reserve the right to change these Terms of Service or impose new conditions on use of the Service, from time to time, in which case We will post the revised Terms of Service on this website. By continuing to use the Service after We post any such changes, You agree to accept the Terms of Service, as modified.
Hyperlink
You may establish a hypertext link to the Service so long as the link does not state or imply any sponsorship of Your site by Us. However, You may not, without Our prior written permission, frame any of the content of the Service, or incorporate into another website or other service, any of Our intellectual property. We offer Our Services to You conditioned on Your acceptance of these entire Terms of Service without modification.
License to ChickasawNationHealth.com
By posting messages, uploading files, or otherwise providing any material for display on the Service, You represent that You are the owner of the material, or are making a submission with the express consent of the owner of the material. In addition, by posting a message, uploading a file, or otherwise providing any material for display on the Service, You expressly grant Us a royalty-free, perpetual, non-exclusive, unrestricted, worldwide license to 1) use, copy, sublicense, adapt, transmit, publicly perform or display any such communication; and 2) sublicense to third parties the unrestricted right to exercise any of the foregoing rights granted by You with respect to the communication.
Any grant by You, as mentioned above, shall include the right to exploit any proprietary rights in such communication, including but not limited to rights under copyright, trademark, service mark or patent laws under any relevant jurisdiction.
Third Party Sites
The Service includes links and pointers to Internet sites, content and services provided by third parties. Linking to a third party site does not imply an endorsement or sponsorship by Us of such sites, or the information, products or services offered on or through the site. In addition, We do not operate or control, in any respect, the information, products or services that third parties may provide on or through the Service or on websites linked to Our site. The materials, information, products and services offered on or through any third party site is provided "AS IS" and without warranties of any kind either express or implied.
Warranty
To the fullest extent permissible pursuant to applicable law, We disclaim all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. We do not warrant that the Service or any of its functions will be uninterrupted or error-free, that defects will be corrected, or that any part of the Service, including interactive features, or the servers that make it available, are free of viruses or other harmful components. The materials, information, products and services offered on or through the Service and any third party sites are provided "AS IS".
We do not warrant or make any representations regarding the use or the results of the use of the Service or materials in the Service, or in third-party sites, in terms of correctness, accuracy, timeliness, reliability or otherwise. You, and not Us, assume the entire cost of all necessary maintenance, repair or correction caused by the use of the Service.
Disclaimer
The Service is provided for informational purposes only, and is not intended for commercial use, diagnosis or treatment. The Service, or any information contained in it, shall not be used or relied on in any high risk activities where injury to persons may result. You expressly assume all risk for such use. The information on the Service should not be used as a substitute for a visit to a healthcare professional. Only Your physician can properly diagnose and treat your illness. The Service is not intended to replace the personal advice of Your physician or a healthcare professional. The Chickasaw Nation urges You to contact Your personal physician if You have questions or concerns about Your health.
Use of Company Directories
The information contained in any company directories that may be provided on the Service is provided for Your convenience and may not be used for marketing or telemarketing applications. This information may not be copied or redistributed and is provided "AS IS" without warranty of any kind. In no event will We or Our suppliers be liable in any way with regard to the use of such information.
Interactive Features
The Service may include a variety of interactive features, including but not limited to, bulletin boards, chat rooms, email services and personalized home pages, which allow feedback to Us and real-time interaction between users. Responsibility for posts using these interactive features on the Service lies with each user. You are solely responsible for the material You post. We do not control the messages, information or files that others may provide through the Service. It is a condition of Your use of the Service that You do not:
- Restrict or inhibit any other user from using and enjoying the Service.
- Use the Service to post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, profane or indecent information of any kind, including, without limitation, any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, federal, international or tribal law.
- Use the Service to post or transmit any information, software or other material that violates or infringes upon the rights of others, including material that is an invasion of privacy or publicity rights or that is protected by copyright, trademark or other proprietary right, or derivative works with respect thereto, without first obtaining permission from the owner or right holder.
- Use the Service to post or transmit any information, software or other material that contains a virus or other harmful component.
- Use the Service to post, transmit or in any way exploit any information, software or other material for commercial purposes, or that contains advertising.
- Use the Service to advertise or solicit to anyone to buy or sell products or services, or to make donations of any kind, without the express written approval of ChickasawNationHealth.com.
- Gather for the purpose of spamming e-mail addresses that have been posted by other users of the Service.
- Use the Service for any other purpose that We may deem inappropriate.
- You agree that We have no obligation to monitor any bulletin boards, chat rooms, or other interactive areas of the Service through which users can supply information or material. However, We reserve the right at all times to disclose any information as necessary to satisfy any applicable law, regulation or governmental request. We may also refuse to post or may remove any information or material, in whole or in part, that We deem, in our sole discretion, is objectionable or in violation of these Terms of Service.
Limitation of Liability
Under no circumstances, including, but not limited to, negligence, shall We be liable for any direct, indirect, incidental, special or consequential damages that result from the use of, or the inability to use, Our materials, products, or services, or third party materials, products, or services made available through the Service, or any part of the Service, even if We are advised beforehand of the possibility of such damages. You specifically acknowledge and agree that We are not liable for any defamatory, offensive or illegal conduct of any user. If You are dissatisfied with any of Our materials, products, or services, or with any of Our terms and conditions, including these Terms of Service, Your sole and exclusive remedy is to discontinue using the Service.
Spam
You shall not use the Service to transmit, either directly or indirectly, any unsolicited bulk e-mail or unsolicited commercial e-mail. We may use filtering technology or other measures in its efforts to stop unsolicited bulk e-mail and unsolicited commercial e-mail. If Your use of the Service includes e-mail related services, then such filtering technology or other measures may block, either temporarily or permanently, some e-mail sent to You through the Service.
Termination
We may cancel or terminate Your right to use the Service, in whole or in part, at any time without cause and without notice. In the event of termination, You will no longer be authorized to access the part of the Service affected by such cancellation or termination. The restrictions imposed on You with respect to material downloaded from the Service, and the disclaimers and limitations of liabilities set forth in these Terms of Service, shall survive termination.
Agreement
These Terms of Service constitutes the entire agreement between Us and You with respect to the subject matter contained in herein and supersedes all previous and contemporaneous agreements, proposals and communications, written or oral. You also may be subject to additional terms and conditions that may apply when You use the products or services of a third party that are provided through the Service. We are not responsible for Your use of third party sites or any claims or damages arising from Your use of third party sites. If any provision of these Terms of Service shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable and shall not affect the validity and enforceability of any remaining provisions.
Governing Law
The Chickasaw Nation is a sovereign Indian nation recognized federally by the United State of America. Nothing contained in these Terms of Service or any content anywhere in the Service shall be construed to waive the sovereign rights and immunities of Us or the Chickasaw Nation, its officers, employees, or agents. These Terms of Service shall be performed within applicable guidelines, resolutions, and ordinances of the Chickasaw Nation. State law shall not be applicable nor shall disputes be subject to any authority outside the Chickasaw Nation. You explicitly agree to the jurisdiction of the Chickasaw Nation District Courts regarding these Terms of Service.