UnitedAHA - Terms of Service

General Information

United American Healthcare Association, its subsidiaries, contractors, partners, and affiliates, collectively “we,” “us,” or “UAHA,” owns, licenses, contracts, or operates a number of websites, applications, services, mobile applications, and other products and services”, herein referred to as “Services,” for use by its consumers, herein referred to as “Member” or “Members.” These Services include content and features that may only be available to Members with some information made available to non-Members. This information is subject to change or be discontinued without notice. Accessing any Services, either manually, electronically, or via automation tools, constitutes use of the Services and such use falls under these Terms of Service. By using Services, you agree to use them in accordance with these Terms of Service, our Privacy Policy, and any additional terms and conditions that may apply to specific Services, products, or offerings by UAHA.

UAHA reserves the right to modify these Terms of Service at any time. Revised Terms of Service, when updated, will appear on the UAHA website and other documentation as needed. Continued use of Services constitutes acceptance of the updated Terms of Service, with or without notice. UAHA reserves the right to terminate Member’s use of and access to Services without prior notice. Termination of services may result from violation of these Terms of Service, abuse of Services, or payment failure. In the event of Termination of Services or any restrictions imposed on Members, the disclaimers and limitations of liabilities set forth in these Terms of Service shall survive. It is at the sole discretion of UAHA, with or without prior notice or liability, to discontinue or modify any aspect of Services. Further, you agree that UAHA shall not be liable to Member or any third party for any termination or cancellation of Member access to or use of Services in accordance with the terms set forth herein.

If Member does not agree with the Terms of Service, or the revised Terms of Service as updated over time, do not use the Services or any of the applications, features, information, or products available on or through the Services.

Health Care Disclaimer

The Services provided by UAHA, including any health care or medical content, products, applications, or other services herein, are offered for informational purposes only and to educate Members on health care and medical issues that may affect their health and wellness. Nothing in the Services should be considered, or used, as a substitute for medical advice, diagnosis, or treatment. The Services and their features, benefits, resources, and use do not constitute the practice of any medical or other professional health care services, advice, diagnosis, or treatment. You should always seek the advice of a physician or other qualified health care provider for diagnosis and treatment of your specific medical needs, for questions regarding personal health or medical conditions, and before beginning or changing any treatment, activity, program, or dietary plan.

Intellectual Property

UAHA’s Limited License to You. The Services and all the materials contained on it are the property of UAHA and/or the property of our licensors, subsidiaries, contractors, partners, and affiliates, and are protected by copyright, trademark, and other intellectual property laws. UAHA provides the Services for personal noncommercial use only. You may only use Services and the materials within as authorized by UAHA. You may not use Services or the materials within in any manner that violates the privacy rights, publicity rights, copyrights, trademark rights, patent rights, contract rights, or any other rights belonging to UAHA or a third party. UAHA reserves the right, at any time and without notice, to suspend, cancel, or terminate Member’s right to use Services (or any portion of Services) for violation (whether repeated or not) of copyrights or any other rights belonging to UAHA or a third party. Unless authorized in these Terms of Service or by the owner of the materials, you may not modify, copy, reproduce, republish, upload, post, transmit, translate, sell, create derivative works, exploit, or distribute in any manner or medium (including by email or other electronic means) any material from Services.

Your License to UAHA. By posting or submitting any material (including, without limitation, text, photos, videos, or any other content) to the Service, you represent and warrant:

that you are the owner of the material, or that the owner of the material has consented to your use; and
that you are 13 years old or older.

You will be solely responsible for any damages resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from any uploading, posting, or submission.

When you submit or post material, you grant to UAHA the royalty-free, perpetual, irrevocable, nonexclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display it (in whole or in part) worldwide and/or to incorporate it in other works in any form, media, or technology. This grant shall include the right to exploit any proprietary rights in any such material. You also grant UAHA, and anyone authorized by UAHA, the right to identify you as the author of any of your postings or submissions by name, email address, or Member name, as we deem appropriate.

Notice of Copyright Infringement. If you are a copyright owner who believes your copyrighted material has been reproduced, posted, or distributed via the Service in a manner that constitutes copyright infringement, please report the violation to UAHA by sending written notice by U.S. Mail to United American Health Association, 11340 Lakefield Dr., Suite 200, Johns Creek, GA 30097, Attn: UAHA Protection or by email Branding@UnitedAHA.org. Please note that the contact information provided in this paragraph should only be used for reporting suspected copyright infringement. Contact information for other matters is provided elsewhere in these Terms of Service or on the Services.

Please include the following information in your written notice:

a detailed description of the copyrighted work that is allegedly infringed;
a description of the location of the allegedly infringing material on the Services;
your contact information, including your address, telephone number, and, if available, email address;
your statement that you have a good-faith belief that the allegedly infringing use is not authorized by the copyright owner, its agent, or the law;
your statement, made under penalty of perjury, affirming that the information in your notice is accurate and that you are authorized to act on the copyright owner’s behalf; and
an electronic or physical signature of the copyright owner or someone authorized on the owner’s behalf to assert infringement of copyright and to submit the statement. Restrictions on Linking and Framing. You may establish a hypertext link to the Services, provided that the link does not state or imply any sponsorship of your site by UAHA. However, you may not frame or inline link to any of the content of the Services, or incorporate into another website or other service any of our material or intellectual property without the written permission of AARP.

Interactive Features and Messaging

The Services may include interactive features, including, but not limited to, message boards, blogs, email services, and areas that allow uploading of user-generated content (the “Interactive Features”). You are responsible for any material that you post on message boards or provide through any other Interactive Features on the Services. We do not control the messages, information, or files that you or others may provide through the Service. We provide these features for the use of civil conversation and interaction between our community members. This Service, including its Interactive Features, shall be used for lawful purposes only; you shall not:

Engage in any conduct that, in our sole judgment, restricts or inhibits any other user from using or enjoying the Service. This includes any behavior that does not follow any Guidelines published by UAHA.
Post or transmit any material that violates our rights or the rights of others, including, without limitation, privacy rights, publicity rights, copyrights, trademark rights, patent rights, contract rights, or any other right. False and misleading information is also prohibited. This includes:
Copying entire articles or videos from other information sources online. Link, cite, and provide a summary of the resource instead.
Use the Services to impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity. Interfere with or disrupt any servers or networks used to provide the Service or its features, or disobey any requirements, procedures, policies, or regulations of the networks we use to provide the Service.
Usernames must be inoffensive, in accordance with any and all Guidelines published by UAHA, and not misleading. Examples of usernames that do not meet these requirements would be any that include profanities, rude/sexist/racist comments, the names of real people other than yourself, political or religious expressions, any phrases with the intent to incite, and recognizable trademarked names. Using “UAHA” or any variation of the name or acronym of “United American health Association” within your username is also not permitted as it is reserved for official UAHA roles.
Interfere with or disrupt any servers or networks used to provide the Services or their features, or disobey any requirements, procedures, policies, or regulations of the networks UAHA uses to provide the Service.
Use the Service in an unlawful, threatening, or abusive manner, including without limitation, to promote racism, bigotry, hatred, or physical harm of any kind against any group or individual.
Attacks on individuals, social, ethnic, or political groups and figures, insults, name-calling, trolling, bullying, baiting or other attempts to sow dissension or incite members.
Gain unauthorized access to the Service, or any account, computer system, or network connected to this Service, by means such as hacking, password mining, or other illicit means.
Obtain or attempt to obtain any materials or information not intentionally made available through this Service.
Use the Service to post or transmit any vulgar, obscene, or otherwise objectionable information of any kind, including without limitation, any transmissions that encourage conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any law.
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.
Engage in advertising or commercial solicitation of any product or service, or to solicit donations of any kind on the Service, without our written consent.
Gather for marketing purposes any email addresses or other personal information that has been posted by other users of the Service.

UAHA shall have the right, but no obligation, to monitor the content of any message boards or other Interactive Features to determine compliance with these Terms of Service, any published Guidelines, and any other operating rules UAHA establishes. UAHA shall have the right in its sole discretion to edit, refuse to post, or remove any material submitted to or posted on the message boards or other Interactive Features of the Services. Notwithstanding this right, users shall remain solely responsible for the content of their messages. UAHA does neither endorse nor is responsible for the accuracy or reliability of any opinion, advice, or statement on the message boards or other Interactive Features of the Service, whether it is provided by UAHA, our employees, or a third party. Under no circumstances will UAHA be liable for any loss or damage of any kind caused by reliance on information obtained through postings on the message boards or other Interactive Features of the Services. We are not responsible for any offensive, defamatory, or obscene posting made on the message boards or other Interactive Features of the Service.

UAHA reserves the right at all times to disclose any information we believe necessary to satisfy any law, regulation, or governmental request, or to refuse to post or to remove any information or materials, in whole or in part, that in UAHA’s sole discretion are inappropriate, objectionable or in violation of these Terms of Service. We also reserve the right to deny access to the Service or any features of the Services to anyone who violates these Terms of Service, or who, in our sole judgment, interferes with the ability of others to enjoy our Services or infringes the rights of others. Neither UAHA nor any third-party content provider shall assume or have any liability for any action or inaction by us or any third-party content provider with respect to any conduct, communication, or posting on the message boards or other Interactive Features of the Services.

Passwords and Registration

To access certain features of the Service, UAHA may ask you to provide Personal Information (as defined in our Privacy Policy), such as your name, email address, ZIP code, and date of birth. You will provide true, accurate, current, and complete information about yourself for any registration form located on the Services. If UAHA suspects that information you provide is untrue, inaccurate, or incomplete, UAHA may, in our sole discretion, suspend or terminate your account and refuse all current or future use of the Services. UAHA’s use of any Personal Information you provide to UAHA as part of the registration process is governed by the terms of our Privacy Policy. You may need a username and password to use certain features of the Services. By registering on the Services, you agree that you will not

select or use a username or email address of another person with the intent to impersonate that person;
use a username or email address subject to the rights of any person without authorization;
use a username in violation of the intellectual property rights of any person; or
use a username that UAHA, in its sole discretion, deem inappropriate or offensive.

You are responsible for maintaining the confidentiality of the password and account and are responsible for all activities (whether by you or by others) that occur under your password or account. You will notify UAHA immediately of any unauthorized use of your password or account or any other breach of security. UAHA assumes no liability for any loss or damage arising from any unauthorized use of your password or account by a third party.

Use of Directories

The information contained in any directories that may be provided on the Services is provided for visitor information only and is not to 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. Neither UAHA, nor our suppliers, will be liable in any way with regard to such information.

General Disclaimers

The Services may provide links to websites maintained by third parties. Any information, products, software, or services provided on or through third-party sites are controlled by the operators of such sites and not by UAHA or our subsidiary companies. When you access these third-party sites, you do so at your own risk.

THE INFORMATION, PRODUCTS AND SERVICES OFFERED ON OR THROUGH THE SERVICES ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, UAHA DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

UAHA DOES 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 THES SERVICES, INCLUDING MESSAGE BOARDS, OR THE SERVERS THAT MAKE THE SERVICE AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. UAHA EXPRESSLY DISCLAIMS LIABILITY FOR 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. EACH USER SPECIFICALLY ACKNOWLEDGES THAT WE ARE NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF OTHER THIRD PARTIES, SUBSCRIBERS, MEMBERS, OR OTHER USERS OF ANY MESSAGE BOARDS AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH EACH USER.

UAHA DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES ABOUT THE CORRECTNESS, ACCURACY, TIMELINESS, OR RELIABILITY OF THIS SERVICE OR THIRD-PARTY SITES. THE USE OF ANY INFORMATION ON THE SERVICE OR THIRD-PARTY SITES IS AT THE USER’S OWN RISK. UNDER NO CIRCUMSTANCES WILL WE BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY RELIANCE ON INFORMATION OBTAINED THROUGH THE SITE.

You must provide and are solely responsible for all hardware and/or software necessary to access the Service. You assume the entire cost of and responsibility for any damage to, and all necessary maintenance, repair, or correction of, that hardware and/or software.

Any financial or legal information provided on the Services is for informational purposes only, does not constitute legal advice, and is not intended for trading or investing purposes, or for commercial use. The Service should not be used in any high-risk activities where damage or injury to persons, property, environment, finances, or business may result if an error occurs. You assume any and all risk for your use of financial or legal information provided on the Service.

Third-Party Sites

Certain sections of the Services may provide links to sites of third parties, where you may be able to purchase online many different types of products and services that are provided by third parties. We are not responsible for the quality, accuracy, timeliness, reliability, or any other aspect of any product or service offered or provided by a third party. If you make a purchase from a merchant on a site linked to by the Services, the information obtained during your visit to that merchant’s online store or site, and the information that you give as part of the transaction, such as your credit card number and contact information, may be collected by the merchant. A merchant that offers or sells products or services through the Services may have privacy and data collection practices that are different from UAHA’s. We have no responsibility or liability for these independent policies. For more information about a merchant, its online store, its privacy policies, and/or any additional terms and conditions that may apply, visit that merchant’s website, and click on its information links or contact the merchant directly. You agree that neither UAHA nor our affiliates are responsible for any damages that you incur, and you will not assert any claims against us or them, arising from your purchase or use of any products or services made available by third parties through the Services.

Limitation of Liability

UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL UAHA, OUR SUBSIDIARY COMPANIES, OR AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SERVICES, EVEN IF WE ARE ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. (BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, UAHA’S LIABILITY AND THE LIABILITY OF OUR SUBSIDIARY COMPANIES OR AFFILIATES IS LIMITED TO THE GREATEST EXTENT THAT IT CAN BE LIMITED UNDER SUCH STATE LAW.)

IN NO EVENT WILL UAHA OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING THE SERVICES OR RELATED ONLINE SERVICES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE MESSAGE BOARDS OR OTHER INTERACTIVE FEATURES, OR OUT OF THE BREACH OF ANY WARRANTY. IF YOU ARE DISSATISFIED WITH THE SERVICE, ANY MATERIALS, PRODUCTS, OR SERVICES ON THE SERVICES OR WITH ANY OF THE SERVICES’ TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICE.

Limited License

UAHA grants you a nonexclusive, nontransferable, limited right to access and use the Services and all the tools in the Services for your personal, noncommercial use, provided that you comply fully with the provisions of these Terms of Service. You agree not to assign, transfer, or sublicense your rights.

Indemnification

You understand and agree that you are solely and personally responsible for your behavior on the Service. You agree to indemnify, to defend, and to hold harmless UAHA, its affiliates, licensors, employees, agents, and any third-party information providers to the Services from and against all claims, losses, expenses, damages, and costs (including, but not limited to, direct, incidental, consequential, exemplary, and indirect damages), and reasonable attorney’s fees, resulting from or arising out of your use, misuse, or inability to use the Services or by any violation of these Terms of Service by you.

Copying, Altering, Monitoring, or Interfering with the Services

You agree that you will not use any robot, spider, web crawler, screen scraper, automated query program or other automatic device or manual process to monitor or copy UAHA web pages or the content contained herein without UAHA’s prior expressed written permission. You agree that you will not use any device, software, or routine to interfere or attempt to interfere with the proper working of the Services. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on UAHA’s infrastructure. You agree that you will not copy, reproduce, alter, modify, create derivative works, or publicly display any content from our Service without the prior expressed written permission of UAHA or the appropriate third party.

Other Terms

These Terms of Service constitute the entire agreement between UAHA and you with respect to the subject matter contained in this agreement and supersede all previous and contemporaneous agreements, proposals, and communications, written and/or oral. You also may be subject to additional terms and conditions that may apply when you purchase and/or use

additional products within the Services, and/or
the products or services of a third party that are provided on or through the Services.

In the event of any conflict between any such third-party terms and conditions and these Terms of Service, solely with respect to the Services, these Terms of Service shall govern. This agreement shall be governed by and construed in accordance with the laws of the State of Delaware without giving effect to any principles of conflicts of law. If any provision of this agreement between you and UAHA shall be found unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions. The foregoing provisions of these Terms of Service are for our benefit and the benefits of UAHA’s affiliates, third-party content providers and licensors, and each shall have the right to assert and enforce such provisions directly on its own behalf.