The use of this site is governed by the policies, terms and conditions set forth below.  Please read them carefully.  Your use of this site indicates your acceptance of these terms and conditions.  Healthwave, Inc. ("Healthwave") reserves the right to make changes to this site and these terms and conditions at any time.

Section 1. Use of Content.
Section 2. Company's Liability; Disclaimer of Consequential Damages.
Section 3. Subscriber Submissions.
Section 4. Order Acceptance.
Section 5. Termination of Usage.
Section 6. Links to Other Sites.
Section 7. Advertisements.
Section 8. Licenses.
Section 9. Indemnity.
Section 10. Export Control.
Section 11. General.
Section 12. Jurisdiction.
Section 13. Complete Agreement.

Section 1. Use of Content.

Upon acceptance of these Terms and Conditions, Healthwave authorizes you to view or download a single copy of the material on this Website solely for your personal, non-commercial use.

The contents of the Healthwave Website (the Site), such as text, graphics, images and other material including software licensed by Healthwave to permit Subscribers to access the Site ("Content"), are protected by copyright under both United States and foreign laws, and title to the Content shall not pass to you or any other User.  Unauthorized use of the Content may violate copyright, trademark, and other laws.  None of the Content may be reverse-engineered, disassembled, decompiled, reproduced, transcribed, stored in a retrieval system, translated into any language or computer language, re-transmitted in any form or by any means (electronic, mechanical, photoreproduction, recordation or otherwise), resold or redistributed without the prior written consent of Healthwave.

You may not sell or modify the Content or reproduce, display, publicly perform, distribute, or otherwise use the Content in any way for any public or commercial purpose.  The use of the Content on any other Website or in a networked computer environment for any purpose is prohibited.

Content is subject to change without notice at the editorial discretion of Healthwave.  If you violate any of these Terms and Conditions, your permission to use the Content automatically terminates and you must immediately destroy any copies you have made of any portion of the Content.
Section 2. Company's Liability; Disclaimer of Consequential Damages.

The Content comes from sources believed to be accurate, but may contain inaccuracies or typographical errors.  Healthwave makes no representations about the results to be obtained from using the Site or the Content.  The use of the Site and the Content is at your own risk.

YOU ACKNOWLEDGE THAT IN CONNECTION WITH THE SITE, INFORMATION WILL BE TRANSMITTED OVER LOCAL EXCHANGE, INTEREXCHANGE AND INTERNET BACKBONE CARRIER LINES AND THROUGH ROUTERS, SWITCHES AND OTHER DEVICES OWNED, MAINTAINED AND SERVICED BY THIRD PARTY LOCAL EXCHANGE AND LONG DISTANCE CARRIERS, UTILITIES, INTERNET SERVICE PROVIDERS AND OTHERS, ALL OF WHICH ARE BEYOND THE CONTROL AND JURISDICTION OF HEALTHWAVE AND ITS SUPPLIERS.  ACCORDINGLY, HEALTHWAVE ASSUMES NO LIABILITY FOR OR RELATING TO THE DELAY, FAILURE, INTERRUPTION OR CORRUPTION OF ANY DATA OR OTHER INFORMATION TRANSMITTED IN CONNECTION WITH USE OF THE HEALTHWAVE SITE.  IF YOUR USE OF THE SITE OR THE CONTENT RESULTS IN THE NEED FOR SERVICING OR REPLACING DATA OR EQUIPMENT, HEALTHWAVE IS NOT RESPONSIBLE FOR THOSE COSTS.

THE SITE AND THE CONTENT ARE PROVIDED ON AN "AS IS" BASIS WITHOUT ANY WARRANTIES OF ANY KIND.  HEALTHWAVE, ITS LICENSORS, AND ITS SUPPLIERS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES' RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE.  HEALTHWAVE, ITS LICENSORS, AND ITS SUPPLIERS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, CURRENTNESS OR TIMELINESS OF THE CONTENT, SERVICES, TEXT, GRAPHICS, LINKS, OR COMMUNICATIONS PROVIDED ON OR THROUGH USE OF THE HEALTHWAVE SITE.

IN NO EVENT SHALL HEALTHWAVE, ITS LICENSORS, ITS SUPPLIERS OR ANY THIRD PARTIES MENTIONED AT THE HEALTHWAVE SITE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE HEALTHWAVE AND THE CONTENT WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT HEALTHWAVE IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Section 3. Subscriber Submissions.

Except as described herein, any communication, which you post on the Site, is considered to be non-confidential.  You agree that you will not upload or transmit any communications that infringe any patent, trademark, trade secret, copyright or other proprietary rights of any party.  By submitting communications to any part of this Site, you automatically grant-or warrant that the owner of such Content has expressly granted Healthwave 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 alone or as part of other works in any form, media, or technology whether now known or hereafter developed, and to sublicense such rights through multiple tiers of sublicenses.
Section 4. Order Acceptance.

The receipt of an email order confirmation does not constitute the acceptance of an order or a confirmation of an offer to sell.  Healthwave reserves the right, without prior notification, to refuse service to any customer.  Verification of information may be required prior to the acceptance of any order.
Section 5. Termination of Usage.

Healthwave may terminate User access, or suspend any User's access to all or part of the Site or its online services, without notice, for any conduct that Healthwave, in its sole discretion, believes is in violation of any applicable law or is harmful to the interests of another User, a third-party Provider, a Merchant, a Sponsor, a Licenser, a service provider, or Healthwave.
Section 6. Links to Other Sites.

The Site may contains links to third party Websites.  These links are provided solely as a convenience to you and not as an endorsement by Healthwave of the content on such third-party Websites.  Healthwave is not responsible for the content of linked third-party sites and does not make any representations regarding the content or accuracy of materials on such third-party websites.  If you decide to access linked third-party websites, you do so at your own risk.  Your use of third-party Websites is subject to the terms and conditions of use for such sites.
Section 7. Advertisements.

The Site may contain advertisements by third parties, and these advertisements may contain links to other websites.  Unless otherwise specifically stated, Healthwave does not endorse any product or make any representation regarding the content or accuracy of any materials contained in, or linked to, any advertisement on the Site.
Section 8. Licenses.

You shall have no rights other than as a non-exclusive licensee under the terms of your Service Agreement to the proprietary software and related materials or documentation, or any enhancement or modifications thereto, that have been or will be provided to you in order for you to access or use any of the Services or software applications ("Applications").  Your rights to the Content, Services and Applications are derived solely from Healthwave, as owner or authorized user of the Content, Services and Applications.

All Applications that are made available through Healthwave or the Site is protected by copyright and may be protected by other rights.  Your use of the Applications is conditioned on your agreement to be bound by these Terms and Conditions.
Section 9. Indemnity.

You agree to defend, indemnify and hold Healthwave, its officers, directors, employees and agents, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your use of the Content (including Applications) and the Services in a manner that violates or is alleged to violate these Terms and Conditions.  Healthwave shall provide notice to you promptly of any such claim, suit, or proceeding and shall reasonably cooperate with you, at your expense, in your defense of any such claim, suit or proceeding.
Section 10. Export Control.

The United States controls the export of products and information.  You agree to comply with such restrictions and not to export or re-export the Contents, Services and Applications to countries or persons prohibited under the export control laws.  By downloading the Contents, Services and Applications, you are agreeing that you are not in a country where such export is prohibited or are a person or entity to which such export is prohibited.  You are responsible for compliance with the laws of your local jurisdiction regarding the import, export, or re-export of the Contents, Services and Applications.
Section 11. General.

Healthwave is based in New York, New York, in the United States of America.  Healthwave makes no claims the Content is appropriate or may be downloaded outside of the United States.  Access to the Content may not be legal by certain persons or in certain countries.  If you access the Site from outside the United States, you do so at your own risk and are solely responsible for compliance with the laws of your jurisdiction.
Section 12. Jurisdiction.

You expressly agree that exclusive jurisdiction for any dispute with Healthwave, or in any way relating to use of the Site, resides in the courts of the State of New York and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the State of New York in connection with any such dispute including any claim involving Healthwave or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers and content providers.  These Terms and Conditions are governed by the internal substantive laws of the State of New York, without respect to its conflict of law principles.  If any provision of these Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect.  No waiver of any of these Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or any other term or condition.
Section 13. Complete Agreement.

EXCEPT AS EXPRESSLY PROVIDED IN A PARTICULAR "LEGAL NOTICE" ON THE HEALTHWAVE SITE, OR IN ANY OF THE SERVICES AGREEMENTS, THESE TERMS AND CONDITIONS CONSTITUTE THE ENTIRE AGREEMENT BETWEEN YOU AND THE COMPANY WITH RESPECT TO THE USE OF THE SITE, SERVICES, APPLICATIONS AND CONTENT.
Thank you for your cooperation.  Questions or comments regarding this Site should be directed by electronic mail to Healthwave@ehealthwave.com.