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Terms of Use

The PHD Network, including the tools and resources made available to users, (the "Network") is an online information and communications service provided by ActivHealth International, Inc. ("Provider") subject to your agreement with all of the terms and conditions offered below. Duke University Medical Center has also contributed to substantial content in the Network; therefore, the term "Provider" in this agreement shall be considered to include that organization, its staff, and its faculty. Please read this Agreement carefully before accessing or using the Network. By accessing or using the Network, you agree to be bound by all of the terms and conditions below, which are intended to be fully effective and binding upon the Provider and users. The Provider may modify this Agreement at any time, and such modifications shall be effective immediately upon posting the modified Agreement. You agree to review the Agreement periodically to be aware of such modifications and your accessing or using the Network constitutes your acceptance of the Agreement as it appears at the time of your access or use.

THE INFORMATION CONTAINED IN THIS NETWORK IS NOT INTENDED NOR IMPLIED TO BE A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE. ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTH PROVIDER PRIOR TO STARTING ANY NEW TREATMENT OR WITH ANY QUESTIONS YOU MAY HAVE REGARDING A MEDICAL CONDITION. NOTHING CONTAINED IN THE NETWORK IS INTENDED TO BE FOR MEDICAL DIAGNOSIS OR TREATMENT.

You understand that, except for information, products or services clearly identified as being supplied by the Provider, the Provider does not operate, control or endorse any information, products or services on the Internet, including on the Network, in any way. You also understand that the Provider cannot and does not guarantee or warrant that files available for downloading through the Network will be free of infection or viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties. Each Member is responsible for implementing sufficient procedures and checkpoints to satisfy his or her particular requirements for accuracy of data input and output, and for maintaining a means external to the Network for the reconstruction of any lost data. The Provider does not assume any responsibility or risk for your use of the Network.

THE PROVIDER DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER (INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR NONINFRINGEMENT, OR THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO THE NETWORK, ANY MERCHANDISE, INFORMATION OR SERVICE PROVIDED THROUGH THE NETWORK. EXCEPT AS OTHERWISE EXPRESSLY SPECIFIED, THE PROVIDER DOES NOT WARRANT THE ACCURACY, COMPLETENESS OR CORRECTNESS, TIMELINESS, OR USEFULNESS OF ANY OPINIONS, ADVICE, SERVICES, MERCHANDISE OR OTHER INFORMATION PROVIDED THROUGH THE NETWORK OR ON THE INTERNET GENERALLY. IN NO EVENT WILL THE PROVIDER BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DECISION MADE OR ACTION TAKEN BY YOU OR ANYONE ELSE IN RELIANCE UPON THE INFORMATION PROVIDED THROUGH THE NETWORK.

With regard to any USP information available on this site:

The Network is presented by the Provider for the sole purpose of disseminating health information for public benefit. IT IS NOT INTENDED, AND MUST NOT BE TAKEN, TO BE THE PROVISION OR PRACTICE OF MEDICAL, NURSING, OR PROFESSIONAL HEALTH CARE ADVICE OR SERVICES IN ANY JURISDICTION. THE NETWORK IS NOT TARGETED TO USERS IN ANY PARTICULAR LOCALITY, NOR IS IT INTENDED TO CONSTITUTE THE DOING OF BUSINESS IN ANY JURISDICTION, NOR TO BE A SOLICITATION OF BUSINESS ANYWHERE ON BEHALF OF ACTIVHEALTH INTERNATIONAL, INC. OR ANY OF ITS AFFILIATED CORPORATIONS, NOR TO CONSTITUTE ANY CONTACTS WITH ANY JURISDICTION OUTSIDE OF THE STATES OF TENNESSEE AND NORTH CAROLINA.

Potential users in any jurisdiction in the world, the common, statutory, regulatory, or codified law of which would void this Agreement in whole or in any essential part (the essential parts being at least, but not only, the exclusive venue and exclusive remedy provisions, and warranty disclaimer), or which makes accessing the Network illegal, are unauthorized to use the Service, and do so entirely at their own risk.

IN NO EVENT SHALL THE PROVIDER BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR ANY OTHER MONETARY OR OTHER DAMAGES, FEES, FINES, PENALTIES, OR LIABILITIES ARISING OUT OF OR RELATING IN ANY WAY TO THIS SERVICE, OR SITES ACCESSED THROUGH THIS SERVICE, AND/OR CONTENT OR INFORMATION PROVIDED HEREIN. A USER'S SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE NETWORK IS TO STOP USING THE NETWORK.

This Agreement is entered into and performed in the State of Tennessee, United States of America, and is governed by and shall be construed in all respects under the laws of Tennessee, exclusive of its choice of law or conflict of laws provisions. In any claim or action directly or indirectly arising under this Agreement or related to the Service, each party irrevocably submits to the exclusive personal jurisdiction of the Tennessee State District Court sitting in Davidson County, Tennessee, or if such court does not have subject-matter jurisdiction, then each party irrevocably submits to the exclusive personal jurisdiction of the United States Court for the District of Tennessee, and whichever of those two courts has jurisdiction, each party waives any jurisdictional, venue, or inconvenient forum objections to such court.

If any of the provisions of this Agreement are held by a court or other tribunal of competent jurisdiction not to be enforceable, then such provisions shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect. This Agreement constitutes the entire agreement between the parties pertaining to its subject matter. It may not be modified except as described elsewhere in this Agreement. Anything in the Network inconsistent with or conflicting with the terms of this Agreement is superseded by the terms of this Agreement. The marks "PHD Network," "Personal Health Development, " "Health-4-Life," "ActivHealth," "ActivHealth.com," and the five-pentagon ActivHealth logo are used under license by ActivHealth International, Inc.

The materials on our Network are copyrighted by the respective Provider and may be downloaded and/or reprinted for personal use only. Permission to reprint or electronically reproduce any document or graphic in whole or in part for any reason is expressly prohibited, unless prior written consent is obtained from the respective copyright holder(s).