Terms & Conditions
Please reference and review the Terms on a regular basis as they constitute a legally binding agreement between you and CHP and have important consequences on your legal rights and obligations.
By using this site (the “Site”), you agree to these Terms and Conditions (the “Terms”). The Terms govern the usage of the Site. It is your responsibility to read and understand them. If you do not agree to the Terms, do not use the Site. The Terms were last updated on [INSERT DATE] (the “Revision Date”).
Complementary Healthcare Plans, Inc. (“CHP”) may revise and update the Terms at any time and such updated Terms will apply to your use of the Site effective as of the Revision Date. Such revisions and updates will be indicated by a change in the Revision Date listed above for ease of reference. Your continued use of the Site means that you accept the updated Terms.
If you violate any of the Terms, your permission to access the Site and use the Content (as defined below) automatically terminates and you must immediately destroy any copies of the Content that you have made or possess.
INDEX
- The Site Does Not Provide Medical Advice
- Not Intended for Minors
- Liability of CHP and its Affiliates
- Content Disclaimer
- Use of Content
- Changes to the Terms
- Advertisers and Links to Other Sites
- Your Account Obligations
- User Submissions
- Your Conduct and Safety
- Indemnification
- CHP’s Rights
- Copyright and Notice and Takedown Procedures
- CAMplus
- General
The Site Does Not Provide Medical Advice
The information on the Site, including any information, data, graphics or other material transmitted through or residing on the Site regardless of its nature, form or source (the “Content”) is of a general nature and is intended for informational purposes only. The Content is not and should not be used as a substitute for professional medical care, or for the prevention, diagnosis, or treatment of health problems. Never disregard professional medical advice or delay in seeking such advice or treatment based on the Content.
If you think you may have a medical emergency, call your doctor or 911 immediately.
You should always consult with a physician, pharmacist, naturopath, or other qualified health care provider (“Health Care Provider”) before taking any prescription or over-the-counter drugs (including any herbal medicines or dietary supplements) or following any treatment or regimen. Only your Health Care Provider can provide you with advice on what is safe and effective for you.
Nothing on the Site is to be interpreted as advocating the self-management of your health and medical condition(s), or those of your family or others. Reliance on the Content for any reason is solely at your own risk.
The information contained herein has been devised without reference to cultural, dietary, societal language, or prescribing or dispensing conditions, other than those of the United States, which might affect the information provided.
Except as expressly and unambiguously stated otherwise on the Site, CHP does not endorse, operate, control, or assume responsibility for any product, brand, method, treatment, information, or services on the Site.
The Site is not designed or intended for use by minors. You must be an individual 18 years of age or older to use the Site. If you are under 18 years of age, you do not have permission to access or use the Site and are prohibited from accessing the Site.
Liability of CHP and its Affiliates
The use of the Site and the Content is entirely at your own risk. The Site and Content are provided “as is” and CHP and its affiliates, licensors, officers, directors, employees, agents or other related parties (collectively, the “Affiliates”) make no warranties, express or implied, as to the merchantability, fitness for a particular use or purpose, or any other warranty, condition, guaranty, or representation, whether oral, written, or in electronic form, including but not limited to the accuracy or completeness of the Site or its Content. TO THE FULLEST EXTENT PERMITTED BY LAW, CHP AND ITS AFFILIATES DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTY OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR A PARTICULAR PURPOSE.
CHP and its Affiliates will not be responsible to you or to any third parties for any direct or indirect, consequential, special, or punitive damages or losses you may incur in connection with the Site, your use of or inability to use the Site, or its Content, regardless of the type of claim or the nature of the cause of action, even if CHP has been advised of the possibility of such damage or loss. In the event that the exclusion or limitation of liability for consequential or incidental damages is limited by state or other law, such liability is limited to the fullest extent permitted by law. CHP and its Affiliates are not liable for any personal injury, including death, caused by your use or misuse of the Site or its Content. To the maximum extent permitted by law, you hereby release and forever waive any and all claims you may have against CHP and its Affiliates from losses or damages you sustain in connection with your use of the Site or its Content. CHP and its Affiliates are liable only to the extent of actual damages incurred to you, but in no event in an amount greater than one hundred dollars ($100.00). Any claims arising in connection with your use of the Site or its Content must be brought within one (1) year of the date of the event giving rise to such action.
Without limiting the foregoing, CHP and its Affiliates make no and fully disclaim any representations or warranties about the following:
- The accuracy, completeness, currentness or reliability of the Content provided on the Site or of the Site itself.
- The satisfaction of any government regulations requiring disclosure of information on prescription drug, medical devise or health related products.
The Content is provided by CHP as a service to its customers. It is only intended to be general health information and to facilitate communication between you and your Health Care Provider. The Content is not intended for diagnosis and should not be used as a substitute for seeking professional medical advice, diagnosis, treatment, or care. All specific medical questions you have about your medical condition, treatment, care, or diagnosis should be presented to your own Health Care Provider. The Content does not contain information about all diseases, illnesses, or conditions, nor does it contain all or any medical information that may be relevant or useful to your healthcare needs.
The Content may include information provided by third parties and users. For such Content, CHP is a distributor and not a publisher. CHP has no editorial control over such Content. Any opinions, advice, statements, services, offers, or other information expressed or made available by such third parties (including Affiliates, merchants and Site users) are those of the respective authors or distributors of such Content and not of CHP or its Affiliates. CHP reserves the right to delete, edit or otherwise modify any content submitted or posted by third parties or users on the Site.
The Content may be protected by copyright, trademark and/or other proprietary rights. All Content is subject to the copyright protections provided under United States law. CHP, or its Affiliates, retains all rights, including copyright, to all Content. Unless otherwise provided on the Site or relating to particular Content, you may download and use the Site’s Content for noncommercial, personal use only, including showing the print-out to your personal Health Care Provider, provided you also retain all copyright and other proprietary notices contained on the Content. You may not, however, distribute, modify, transmit, reuse, repost, transfer, or make any other use any Content for public or commercial purposes without CHP's prior written permission. To obtain permission to use the Content other than expressly provided in the Terms or on the Site itself, submit your request specifying the proposed use to:
The CHP Group
Web Administrator
6600 SW 105th Ave Suite 115
Beaverton, OR 97008
Any use of the Content not expressly permitted by the Terms is a breach of the Terms and may violate copyright, trademark or other laws. The Content is subject to change or termination without notice in the full discretion of CHP. All rights not granted by the Terms are reserved to CHP and its Affiliates.
Any trademarks, logos or other source identifying information appearing throughout the Site belongs to CHP, its Affiliates, or third party trademark owners, and are protected by U.S. and international trademark laws. Without CHP’s express prior written permission, you agree not to display or use in any manner the CHP trademarks or logos, or any other trademarks or logos found on the Site. Nothing on this Site confers any license or other rights under the intellectual property or other proprietary rights of CHP, its Affiliates, or any third party, whether by estoppel, implication, or otherwise.
Any rules for the use of software or other items accessible on or from the Site may be included elsewhere on the Site and are hereby incorporated by reference into the Terms.
Access to the Content may not be legal by certain persons or in certain countries. If you access the Site from outside of the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.
CHP may revise and update the Terms at any time and such updated Terms will apply to your use of the Site effective as of the Revision Date. Such revisions and updates will be signified by a change in the Revision Date listed above for ease of reference. Your continued use of the Site means that you accept the updated Terms.
Advertisers and Links to Other Sites
CHP may provide links to third-party web sites, including those of advertisers (“Third Parties”). CHP provides such links only as a convenience to you. CHP has no control over, does not recommend and does not endorse the content of any such Third Party web sites. CHP is not responsible for content provided by Third Parties and makes no representations about the accuracy, completeness, currentness or reliability of such content.
Your correspondence or business dealings with, or participation in promotions of, Third Parties, are solely between you and such Third Party. CHP is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings with such Third Parties. You are solely responsible for viewing and abiding by the terms of use, privacy statements or other agreement pertaining to the use of such Third Party sites.
In consideration of your use of and/or registration on the Site, you agree to: (a) provide true, accurate, current and complete information about yourself, as and when prompted by the sign up and checkout forms, for your account information (the “Account Information”) and (b) maintain and promptly update the Account Information to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or CHP has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, CHP may suspend or terminate your account and refuse to allow you to make any further use of the Site.
Personal information you supply, including Account Information and certain other information about you may be governed by CHP’s Privacy Policy. For more information, please see CHP’s Privacy Policy.
CHP will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by CHP, its Affiliates or any other party due to someone else using your account or password. You may receive a user ID and password during the registration process, or at some later date. You are responsible for maintaining the confidentiality of the user ID and password and are fully responsible for all activities that occur under your user ID and password. You may not use anyone else’s account at any time, without the permission of the account holder. You agree to immediately notify us of any unauthorized use of your password or account or any other breach of security.
CHP may terminate your access, and your account, user ID and password if applicable, to the Site without prior notice and in its sole discretion and is not liable to you or any third party for such termination.
The personal information you submit to CHP may be governed by CHP’s Privacy Policy.
You agree that you will not submit, upload, transmit or otherwise make available to CHP or the Site any communications or content of any type that infringes or violates the rights of any party. By submitting communications or content to the Site, you agree that such submission is non-confidential for all purposes.
CHP is pleased to hear from its customers and welcomes your comments regarding its products, its Site and the Content provided on its Site. CHP asks that you be specific in your comments regarding services and products. If you send comments, suggestions, ideas, materials, notes, drawings, concepts, business information, concepts, inventions or post or submit any other information anywhere on the Site (collectively, “Submissions”), you hereby warrant that you are the owner of such Submission and that you grant CHP a royalty-free, perpetual, irrevocable, world-wide 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 any form, now known or hereafter developed. CHP may sublicense its rights in the Submission through multiple tiers of sublicenses. Without limiting the foregoing, the Submissions are not subject to any obligation of confidence on CHP’s part, and CHP is not liable for any use or disclosure of any Submission. If you do not wish to grant such a license to CHP to your submitted materials, do not submit them to CHP through the Site, via email, or via electronic means.
Any conduct by you that, in CHP’s sole discretion restricts or inhibits any other user from using or enjoying the Site, will not be permitted. You agree to use the Site and its Content only for lawful purposes. You are prohibited from posting on or transmitting through the Site any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, fraudulent, racially, ethnically, or otherwise objectionable material of any kind, as determined by CHP in its sole discretion, including but not limited to any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or international law.
You agree not to access the Site by any means other than through the interface that is provided by CHP for use in accessing the Site.
You agree to indemnify and hold harmless CHP and its Affiliates from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Site, the Content you submit, post to or transmit through the Site, or your violation of the Terms.
CHP, its Affiliates or other third parties acting on CHP’s behalf may choose to electronically monitor areas of the Site and your use of and activity on the Site. Except as provided in CHP’s Privacy Policy [hyperlink], CHP may disclose information it gathers from you (i) to comply with any law, regulation, or government request; (ii) if such disclosure is necessary or appropriate to operate the site; (iii) in special instances, such as in response to a physical threat to you or others, to protect the safety of you or others, to safeguard property or defend or assert legal rights, or (iv) for any other reason that CHP in its sole discretion deems reasonable. Please see CHP’s Privacy Policy for more information about use and disclosure of information.
CHP reserves the right to refuse to sell products to you for any reason, including the right to limit quantities of items purchased.
Copyright and Notice and Takedown Procedures
If you believe any materials accessible on or from the Site infringe your copyright, you may request removal of those materials (or access thereto) from the Site by contacting CHP’s copyright agent (identified below) and providing the following information:
- Identification of the copyrighted work that you believe to be infringed. Please describe the work, and, where possible, include a copy and/or the URL of an authorized version of the work.
- Identification of the material that you believe to be infringing and its location. Please describe the material, and provide us with its URL or any other pertinent information that will allow us to locate the material.
- Your name, address, telephone number and e-mail address.
- A statement that you have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent, or the law.
- A statement that the information that you have supplied is accurate, and indicating that “under penalty of perjury,” you are the copyright owner or are authorized to act on the copyright owner’s behalf.
- A signature or the electronic equivalent from the copyright holder or authorized representative.
CHP’s agent for copyright issues relating to the Site is as follows:
The CHP Group
Web Administrator
6600 SW 105th Ave Suite 115
Beaverton, OR 97008
Or you can send an email to the CHP Web Administrator.
Your CAMplus membership will be active for a period of one year, effective the first of the month following receipt of payment. Membership may be cancelled at any time, however, a $5.00 one-time processing fee will be applied to all refunds requested within thirty (30) days of payment. After thirty (30) days, no refunds will be processed or granted.
Choice of Law and Jurisdiction. The Terms, and any dispute arising out of your use of the Site and its Content, are governed and interpreted in accordance with the laws of the State of Oregon (without regard to its conflicts of laws principles) and the applicable laws of the United States. You irrevocably consent to the exclusive jurisdiction of the Multnomah County courts of the state of Oregon for all purposes in connection with any action or proceeding which arises out of or relates to the Terms, the Site or its Content, and agree that any such action will be initiated and maintained in the courts of the state of Oregon.
Arbitration. Any dispute or claim that arises out of or that relates to the Terms, or to the interpretation or breach thereof, or to the existence, scope or validity of the Terms or this provision, must be resolved by arbitration in accordance with the then effective arbitration rules of (and by filing a claim with) the Arbitration Service of Portland, Inc., and judgment upon the award rendered pursuant to such arbitration may be entered in any court having jurisdiction thereof.
Severability and Waiver. If for any reason a court of competent jurisdiction finds any provision or portion of the Terms to be illegal or unenforceable, then such section will be eliminated or limited to the minimum extent necessary to comply with the court ruling and the remainder of the Terms will continue in full force and effect. The consent to or waiver by CHP of any breach by the other of any section of the Terms, whether express or implied, is not a consent to or waiver of any other, different or subsequent breach or non-compliance.
Entire Agreement. Except as expressly provided in a particular legal notice on the Site or pertaining to Content found on the Site, this Agreement constitutes the entire agreement between you and CHP relating to the subject matter of the Terms, including the Site and its Content.
We hope that you find the Site and its Content helpful. CHP strives to meet and be responsive to your needs. Questions or comments regarding the Site, including any reports of non-functioning links or other technical problems, may be submitted by emailing the CHP Web Administrator, or via US Mail to:
The CHP Group
Web Administrator
6600 SW 105th Ave Suite 115
Beaverton, OR 97008
Revision Date: 5/20/09
