Terms of Service
LEGAL TERMS AND CONDITIONS OF THE
ADVANCED PLAN FOR HEALTH, LLC (MYPOINDEXTER.COM) WEBSITE
1. BY ENTERING THIS SITE, YOU ACKNOWLEDGE AND AGREE TO ALL TERMS AND CONDITIONS STATED HEREIN, WITHOUT MODIFICATION, AND ANY OTHER RULES, POLICIES AND PROCEDURES THAT ADVANCED PLAN FOR HEALTH, LLC (“APH”) MAY, IN ITS DISCRETION, IMPLEMENT OR ADOPT FROM TIME TO TIME. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS IN THEIR ENTIRETY AND ALL OTHER RULES, POLICIES AND PROCEDURES IMPLEMENTED OR ADOPTED BY APH, DO NOT USE THIS SITE. YOUR USE OF THIS SITE CONSTITUTES YOUR AGREEMENT TO ALL SUCH TERMS AND CONDITIONS.
2. As used herein, the term “APH” includes all of its past, present and future related and affiliated companies, agents, representatives, directors, officers, employees, managers, insurers, assigns and designees.
3. BY ENTERING THIS SITE, YOU ACKNOWLEDGE AND AGREE THAT THIS SITE IS INTENDED FOR VIEWING WITHIN THE STATE OF TEXAS AND WILL BE CONSTRUED AND EVALUATED ACCORDING TO THE LAWS OF THE STATE OF TEXAS. IF YOU ACCESS THIS SITE FROM OTHER LOCATIONS OUTSIDE THE STATE OF TEXAS, YOU ARE RESPONSIBLE FOR COMPLIANCE WITH ANY AND ALL APPLICABLE LOCAL LAWS. APH MAKES NO REPRESENTATIONS THAT THE MATERIALS CONTAINED WITHIN THIS SITE ARE APPROPRIATE OUTSIDE THE STATE OF TEXAS.
4. By entering this site, you acknowledge and agree that the materials displayed on this website, including but not limited to all text, audio, video, images, photographs, illustrations, artwork, animation files and other graphics, names, logos, trademarks and service marks, are property of APH or its affiliated companies or its licensors and are protected by copyright, trademark and other intellectual property laws. You agree not to copy, reproduce, repost to other websites, retransmit, distribute, disseminate, sell, license, rent, modify, adapt, edit, create derivative works from, publish, broadcast, or circulate any such material to anyone without the express prior written consent of APH, which consent is in our sole discretion. Without in any way waiving any of the foregoing rights, you may download one copy of the material on this site for your personal, non-commercial home use only, provided that you do not delete or modify any copyright, trademark or other proprietary notices. Modification or use of the material on this site for any other purpose violates APH’s legal rights.
5. By entering this site, you acknowledge and agree that your use is at your own risk and that, to the maximum extent permitted by law, none of the parties involved in creating, producing, delivering or maintaining this site, including APH, is liable for any direct, incidental, consequential, indirect or punitive damages or any other losses, costs or expenses of any kind (including legal fees, expert fees or other disbursements) which may arise, directly or indirectly, through the access to, use or browsing of this site or any other site linked to or referenced by or within this site, your reliance on any information obtained from this or any other site and/or your downloading of any materials, data, text, images, video or audio from this or any other site, including but not limited to anything caused by any viruses, bugs, human action or inaction or any computer system, telephone line, hardware, software or program malfunctions or any other errors, failures or delays in computer transmissions or network connections.
6. By entering this site, you acknowledge and agree that, although the specifications, features, illustrations, equipment and other information contained in the site are routinely updated and while APH makes all reasonable efforts to ensure that all material on this site is correct, accuracy cannot be guaranteed. APH MAKES NO CLAIMS, WARRANTIES OR REPRESENTATIONS AS TO THIS OR ANY OTHER SITE OR ITS ACCURACY. THIS SITE AND ALL INFORMATION AND MATERIALS CONTAINED HEREIN, IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, APH DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON INFRINGEMENT.
7. By entering this site, you acknowledge and agree that APH or other parties involved in creating, producing, delivering and/or maintaining this site assume no responsibility or liability which may arise from the content hereof, including but not limited to claims for defamation, libel, slander, obscenity, pornography, profanity or misrepresentation.
9. By entering this site, you acknowledge and agree that the APH name, logos, trademarks and servicemarks contained on this site are owned and/or licensed by APH and may not be used by you without prior written approval from APH. APH will aggressively enforce its intellectual property rights to the fullest extent of the law. Where applicable, sound, graphics, charts, information and images of places or people are used on this site with prior permission. Your use of any of these materials is prohibited unless specifically provided for on the site. You further acknowledge and agree that any unauthorized use of these materials from this site may subject you to penalties or damages, including but not limited to those related to violation of trademarks, copyrights, privacy and publicity rights.
10. By entering this site, you acknowledge and agree that you will not use this site for any purpose that is unlawful or prohibited by these terms and conditions. You further acknowledge and agree that you will not use this site in any manner which could damage, disable or impair this site, interfere with any other party’s use of this site or damage or harm APH, its affiliated companies or any other person or entity.
11. By entering this site, you acknowledge and agree that although this site may be linked to or may reference other sites, APH is not, directly or indirectly, implying any approval, association, sponsorship, endorsement or affiliation with any such linked or referenced site, unless specifically stated therein. You further acknowledge and agree that APH has not reviewed all or any of the sites linked to or referenced by or within this site and is not responsible for the content of any off site pages or sites linked to or referenced by or within this site. Your linking to or accessing any off-site pages or sites is at your own option and risk, and APH assumes no responsibility or liability which may arise therefrom.
12. By entering this site, you acknowledge and agree that all controversies, claims or disputes at law or equity based on, arising from, incidental to or in any way related to this site, your access to this site or any other site linked to or referenced by or within this site and/or any information contained on this site or any other site linked to or referenced by or within this site shall be filed in Tarrant County state district court, Tarrant County, Texas.
13. APH reserves the right to revise these Terms and Conditions at any time and for any reason without notice or obligation. APH further reserves the right to make changes, at any time and for any reason, without notice or obligation, to any of the information contained on this site. By entering this site, you acknowledge and agree that you shall be bound by any such revisions. You should periodically access and review these Terms and Conditions.
14. Should any provision of these Terms and Conditions or any other rules, policies and procedures be found invalid or unenforceable by a court of competent jurisdiction, such provision shall be severed from the remainder of these Terms and Conditions and/or rules, policies and procedures, which will otherwise remain in full force and effect in their entirety.