1. User Agreement
2. Description of Services
Quali-T Men’s Health is an Assumed Business Name of Chris McKeown, FNP, PC that provides men’s health medical services. Quali-T Men’s Health provides users with access to an extensive amount of resources through the Website, including, but not limited to, information regarding affiliated/partner organizations, online tools, and other communication tools that may or may not allow for personalization (the “Service”).
3. Registered User Account, Password, and Security
4. General Practices Regarding Use and Storage
Users acknowledge that Quali-T Men’s Health may establish general practices and limits concerning the use of the Website, including without limitation the maximum number of days that postings or other uploaded content are retained by the Website, the maximum disk space allotted on servers for an account, and the maximum duration for which an account can be accessed in a given period of time. You acknowledge that Quali-T Men’s Health has no responsibility or liability for the deletion or failure to store any messages and other communications or other content maintained or transmitted by the Website servers. You acknowledge that Quali-T Men’s Health has the right to disable accounts that are inactive for an extended period of time or when fraud is suspected. You further acknowledge that Quali-T Men’s Health reserves the right to change these general practices at any time with or without notice.
5. Registered User Conduct.
Certain features of the Website may allow you to contribute comments, feedback, information, content, text, files, graphics, photographs, postings, and other materials and information for access, use, viewing and commentary by other users of the Website (“Public Content”). You understand that all Public Content is the sole responsibility of the person from which such content originated. This means that you, and not Quali-T Men’s Health, bear all risks and liabilities for all Public Content that you upload, post, email, transmit or otherwise make available via the Service. You agree to not use the Service to upload, post, email, transmit or otherwise make available:
- any Public Content that infringes any patent, trademark, trade secret, copyright, or other proprietary rights (“Rights”) of any party;
- any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation. (Posting the same message more than once can be considered “spam” or “spamming”);
- any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
- any Public Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically, or otherwise objectionable;
- impersonate any person or entity, including, but not limited to, a Quali-T Men’s Health official, forum leader, guide, or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- forge headers or otherwise manipulate identifiers in order to disguise the origin of any Public Content transmitted through the Service;
- disrupt the normal flow of dialogue, cause a screen to “scroll” faster than other users of the Service are able to type, or otherwise act in a manner that negatively affects other users’ ability to engage in real-time exchanges;
- intentionally or unintentionally violate any applicable local, state, national, or international law; “stalk” or otherwise harass another; or
- harvest or otherwise collect or store personal data about other users.
You acknowledge that Quali-T Men’s Health and its designees shall have the right (but not the obligation) in their sole discretion to refuse, move, edit, or delete any Public Content that is available via the Service. Quali-T Men’s Health and its designees shall have the right (but not the obligation) to remove any Public Content regardless of whether such communication(s) violate this User Agreement. You agree that you must evaluate, and bear all risks associated with, the use of any Public Content, including any reliance on the accuracy, completeness, or usefulness of such Public Content.
You acknowledge and agree that Quali-T Men’s Health may preserve Public Content and may also disclose Public Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the User Agreement; (c) respond to claims that any Public Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of Quali-T Men’s Health, its users and the public.
6. User Submissions
By submitting communications or content (including, but not limited to stories, photos, and videos) to any part of this Website, blog, or social media sites, where such content would be viewable by the public (e.g. posting on a public forum/bulletin board or public chat or other public communication), you agree that such submission is non-confidential for all purposes. Any submission to this Website will be deemed and remain the property of Quali-T Men’s Health. You grant and warrant that the owner of such content has expressly granted Quali-T Men’s Health and its designees a royalty-free, perpetual, irrevocable, worldwide non-exclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, and display the communication or content in any media or medium, or any form, format, or forum now known or hereafter developed. Such license is freely assignable by Quali-T Men’s Health at its sole discretion.
7. Modifications to the Service
Quali-T Men’s Health reserves the right at any time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Quali-T Men’s Health shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Service.
You agree that Quali-T Men’s Health and its designees, in its or their sole discretion, may terminate your use of the Website, Your password, Your account (or any part thereof), or use of this Service, and remove and discard any content within the Service, for any reason, including, without limitation, for lack of use or if Quali-T Men’s Health believes that you have violated or acted inconsistently with the letter or spirit of this User Agreement. You agree that any termination of your access may be affected without prior notice, although Quali-T Men’s Health shall send an electronic notice to you at the point of such termination, and you acknowledge and agree that Quali-T Men’s Health may immediately deactivate or delete your account and all related information and files in your account and/or bar further access to such files or the Service. Further, you agree that neither Quali-T Men’s Health nor any agent or designee shall be liable to you or any third party for any termination of your access to the Service.
9. Disclaimer of Warranties and Limitation of Liability.
THIS WEBSITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE), AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE ARE PROVIDED BY QUALI-T MEN’S HEALTH ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. QUALI-T MEN’S HEALTH MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE), OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, QUALI-T MEN’S HEALTH DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. QUALI-T MEN’S HEALTH DOES NOT WARRANT THAT THIS SITE; INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE), OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE; THEIR SERVERS; OR ELECTRONIC COMMUNICATIONS SENT FROM QUALI-T MEN’S HEALTH ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. QUALI-T MEN’S HEALTH AND ITS DESIGNEES SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE), OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
You agree that you will hold harmless Quali-T Men’s Health, its agents and designees, and each of the foregoing’s officers, directors, employees, members, managers, agents, contractors, and volunteers (the “Released Parties”) from all claims arising out of or related to your access or use of, or your inability to access or use, the Service, this Website, or the information contained in this Website or other websites to which it is linked. This includes, but is not limited to, information or materials viewed or downloaded from this Website or another website to which it is linked that appear to you or are construed by you to be obscene, offensive, defamatory, or that infringe upon your intellectual property rights. In no event will Quali-T Men’s Health or the contributors of information to this Website and/or the Service be liable to you or anyone else for any decision made or action taken by you in reliance on such information or for any consequential, special or similar damages, even if advised of the possibility of such damages.
You acknowledge that the opinions and recommendations contained in this Website are not necessarily those of Quali-T Men’s Health or endorsed by Quali-T Men’s Health. Quali-T Men’s Health may provide links on the Website to other websites which are not under the control of Quali-T Men’s Health. In general, any website which has an address (or URL) which does not contain “quali-tmenshealth.com” is such a website. These links are provided for the convenience of reference only and are not intended as an endorsement by Quali-T Men’s Health or the organization or individual operating the website or a warranty of any type regarding the website or the information on the website.
If you wish to make a payment to Quali-T Men’s Health through a linked-to website operated by Quali-T Men’s Health’s payment processor for payments (a “Payment”), you may be asked to supply certain information relevant to your Payment, including without limitation your credit card number or other payment account number and your billing address. YOU REPRESENT AND WARRANT THAT YOU ARE EIGHTEEN (18) YEARS OF AGE OR OLDER AND HAVE THE LEGAL RIGHT TO USE ANY PAYMENT MEANS USED BY YOU TO INITIATE ANY PAYMENT. By submitting such information, you grant Quali-T Men’s Health or its payment processor the right to provide such information to third parties for purposes of facilitating the completion of Payments initiated by you or on your behalf. Verification of information may be required prior to the acknowledgment or completion of any Payment. Quali-T Men’s Health reserves the right, at its sole discretion, to refuse or cancel any Payment for any reason. Quali-T Men’s Health or its payment processor may automatically process charges against your selected payment method on the receipt page. Quali-T Men’s Health or its payment processor will inform you if all or any portion of your Payment is canceled or if additional or different information is required to accept your Payment.
13. Third-Party Websites and Content
This Website is available for informational purposes only. The Website may contain links to other internet websites of nonprofits, organizations, or companies around the United States of America. It is done so solely for the convenience of users in locating organizations, nonprofits, information, products, or services that may be of interest to You. Use of such third-party links, websites, and the website materials, and any other material or content on and made available through the Website is entirely at your own risk. Quali-T Men’s Health does not recommend and expressly disclaims any responsibility for the content, the accuracy of the information, or quality of products or services provided by or advertised on third-party sites, or the transactions you conduct or enter into with third parties. Your use of any third party’s website is at your own risk, and subject to the terms and conditions of such other websites. Quali-T Men’s Health does not endorse any group, nonprofit, organization, product, service, or treatment provided on a third-party website or advertised or provided on the Website.
We do not claim ownership of this third-party content. If you are an owner whose information, website, or content is posted, featured, or linked to on our Website, and you wish for this information to not be posted, featured, or linked to on our Website, please contact us immediately. You may email us at [email protected] with a comprehensive detailed message setting forth the following information: (a) your name and the name of your company, organization, or nonprofit; (b) your contact information, including your email address; (c) the content you would like removed.
We will respect your request, and we will attempt to remove your requested content, link to your site, and any references to You within 48 hours of receipt of your request.
14. Usage of Material.
Except as to Public Content and third-party websites and content (See Section 13), and unless otherwise indicated, all information contained on this Website, such as text, graphics, logos, button icons, images, audio, and other copyrightable material (collectively “Material”), is copyrighted by, and proprietary to Quali-T Men’s Health and/or its licensors (unless otherwise cited and noted as property of other entities), and may not be copied, reproduced, transmitted, displayed, performed, distributed, sublicensed, altered, stored for subsequent use, or otherwise used in whole or in part in any manner without Quali-T Men’s Health’s prior written consent, except that the user may make such temporary copies in a single computer’s RAM and hard drive cache as are necessary to browse the Website. The user may also make a single copy of the Material displayed on any page of the Website to be used by the user for personal and noncommercial uses which do not harm the reputation of Quali-T Men’s Health, provided that the user does not remove any legal notices, including any trademark, copyright, watermark, or other notices contained in such Material.
15. Trademarks, Copyrights, and Right of Publicity.
Except for Public Content and third-party websites and content, all trademarks and service marks appearing on the Website are owned by Quali-T Men’s Health and/or its licensors, or their respective owners, including without limitation the Quali-T Men’s Health word mark and logo. Other than as expressly allowed herein, the use of such trademarks and/or service marks without the prior written consent of Quali-T Men’s Health is expressly prohibited and all rights thereto are reserved.
This Website (excluding linked sites) is controlled by Quali-T Men’s Health, which is headquartered in the State of Oregon, United States of America. It can be accessed from all 50 states in the United States, as well as from other countries around the world. As each of these places has laws that may differ from those of Oregon, by accessing this Website both you and Quali-T Men’s Health agree that the statutes and laws of the State of Oregon, without regard to conflicts of laws principles thereof, will apply to all matters arising from or relating to use of this Website, or enforcement of the terms of this User Agreement. You and Quali-T Men’s Health also agree and hereby submit to the exclusive personal jurisdiction and venue of the state or federal courts located in Portland, Oregon, with respect to such matters. Quali-T Men’s Health makes no representation that materials on the Website are appropriate or available for use in other locations, and accessing them from territories where their content is illegal is prohibited. Those who choose to access this Website from other locations do so on their own initiative and are responsible for compliance with local laws. We reserve the right to limit the availability of the Website and/or the provision of any service, program, film, or other product described thereon to any person, geographic area, or jurisdiction, at any time and in our sole discretion, and to limit the quantities of any such service, program, film, or other product that we provide. Software from this Website is further subject to United States export controls. No software from this Website may be downloaded or otherwise exported or re-exported (i) into (or to a national or resident of) any country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. By downloading or using any software from this site, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country, or on any such list.
17. Linking Information.
Quali-T Men’s Health encourages and permits text links to content on the Quali-T Men’s Health Website, quali-tmenshealth.com, provided: (a) the appearance, position, and other aspects of either the link or the host website may not be such as to damage or dilute the goodwill associated with Quali-T Men’s Health’s name, service marks, trademarks, and/or other intellectual property and assets of Quali-T Men’s Health; (b) the appearance, position, and other aspects of either the link or the host website may not create the false appearance that an entity other than Quali-T Men’s Health is associated with or sponsored by Quali-T Men’s Health; and (c) Quali-T Men’s Health reserves the right to revoke its consent to the link at any time in its sole discretion by amending this User Agreement.
19. Designated Agent to Receive Notifications of Copyright Infringement Under the Digital Millennium Copyright Act (“DMCA”).
In accordance with the United States Digital Millennium Copyright Act (“DMCA”) and the Online Copyright Infringement Liability Limitation Act (“OCILL”), 17 U.S.C. §§101, 512, Quali-T Men’s Health hereby serves the following DMCA/OCILL Notice to users of the services provided by Quali-T Men’s Health or the Quali-T Men’s Health Website that:
- Quali-T Men’s Health has designated an agent to receive notices from copyright owners about alleged infringements by users of the Quali-T Men’s Health Website and send notices to the Quali-T Men’s Health Website users who post or send allegedly infringing material;
- Quali-T Men’s Health has registered the Quali-T Men’s Health Website with the U.S. Copyright Office as an online service provider (Registration Number: 1052045), including the name and address of the designated agent;
- Quali-T Men’s Health has adopted a policy of terminating access to the Quali-T Men’s Health Website by users who are repeat copyright infringers;
- Quali-T Men’s Health accommodates and does not interfere with standard technical measures used by copyright owners to identify and protect copyrighted works, including but not limited to, digital watermarking;
- Upon receiving proper notification of an alleged infringement by a Quali-T Men’s Health Website user, Quali-T Men’s Health shall expeditiously take down or block access to the copyrighted material; and
- The designated contact is: Chris Mckeown, [email protected].
20. International Use
The Quali-T Men’s Health Website is controlled and operated from within the United States. Quali-T Men’s Health makes no representation that the Quali-T Men’s Health Website is appropriate or available in locations outside the United States. Those who choose to access the Quali-T Men’s Health Website from other locations are responsible for compliance with applicable laws. International users must comply with all local rules regarding online conduct and acceptable content, including laws regulating the export of data from the United States or your country of residence.
21. Terms and Termination
Quali-T Men’s Health reserves the right to change the Quali-T Men’s Health Website without notice to you, at any time. If you do not wish to have your organization, nonprofit, or program featured on our website, you may terminate your participation at any time by emailing your request for termination to [email protected]. We also reserve the right to terminate your status at any time and for any reason. If you are an authorized representative of an organization featured on our website, social media accounts, or other platforms, you may request that the organization be removed from the Quali-T Men’s Health Website by emailing [email protected].
In the event that any of the provisions of this Agreement are held by a court or other tribunal of competent jurisdiction to be unenforceable, 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 hereto pertaining to the subject matter hereof, and any and all written or oral agreements heretofore existing between the parties hereto with respect to the subject matter of this agreement are expressly canceled.