DISCLAIMER

The information provided by New Passion Home Care LLC, New Passion Hospice Care LLC, New Passion Health Care LLC, New Passion Transportation LLC, New Passion Consulting LLC, and/or any of its parent companies, subsidiaries, and affiliates, is for informational purposes only and is not intended to provide or be a substitute for professional medical advice, diagnosis or treatment. New Passion Home Care LLC, New Passion Hospice Care LLC, New Passion Health Care LLC, New Passion Transportation LLC, New Passion Consulting LLC, as well as its affiliates and/or licensors does not guarantee the accuracy, adequacy, timeliness or completeness of any information on its Web site and are not responsible for errors or omissions or any consequences arising from the use of the information contained from its websites.

The use of the New Passion Home Care, New Passion Hospice Care, New Passion Health Care, and/or any of its affiliates Web site is at the user's own risk and all information contained therein is subject to change. Mention of a specific product, company, organization, website or URL address, treatment, therapy or any other topic does not imply a recommendation or endorsement by New Passion Home Care, New Passion Hospice Care, New Passion Health Care, and/or any of its affiliates.

New Passion Home Care LLC, New Passion Hospice Care LLC, New Passion Health Care LLC, New Passion Transportation LLC, New Passion Consulting LLC, and/or any of its parent companies, subsidiaries, and affiliates hereinafter (collectively “New Passion”) relating to the information on, and your use of, the Websites at which these Terms and Conditions of Use are posted (collectively, the "Websites"). By using our Websites, you are acknowledging your consent to these Terms and Conditions of Use. Do not use our Websites if you do not agree to the following Terms and Conditions of Use. New Passion reserves the right to modify these Terms and Conditions of Use from time to time. These Terms and Conditions of Use should be read in conjunction with our online Privacy Policy.

 

 

Not with standing anything to the contrary in the foregoing, you may be subject to certain additional agreements with New Passion in addition to these Terms and Conditions of Use, which agreements may impact your ability to use our Websites. In the event that such agreements impose additional obligations on you not described in these Terms and Conditions of Use, those additional obligations will be considered to be a part of these Terms and Conditions of Use.

New Passion provides this Web site and all associated Web pages maintained by New Passion and all New Passion continuing education and related services (collectively, the “New Passion Services”), along with all information and content provided therewith (the “Content”), to you, subject to the terms and conditions contained in this Terms of Use (the “Terms”). New Passion Services are intended for medical professionals and patient education for common public knowledge. However, neither the New Passion Services nor any Content available therein should be construed as a replacement for medical education and/or clinical judgment.

Please read these Terms carefully. By using New Passion Services, you agree to adhere to and be bound by these Terms, as they may be modified from time to time at New Passion sole discretion. If you do not agree to be legally bound by these terms, you are not permitted to use New Passion Services.

No Medical Advice: The information on our Websites should never be used as a substitute for the advice provided by your physician or other healthcare provider. You should not use this information to diagnose or treat a disease or health problem. You should instead always consult your physician or other healthcare provider for such medical advice or services.

Amendments: We reserve the right to amend the Terms at any time and will not notify you of any such changes, however, the revised Terms will be available through our Services. Unless otherwise specified, those changes shall be effective immediately. It is your obligation to review changes in these Terms, and you agree that your continued use of New Passion Services after the posting of any revised Terms constitutes your agreement to be bound by the revised Terms.

Your Access to New Passion Services

Disclaimer: Nothing herein should be considered a solicitation or promotion for any product or an indication for any product that is not permitted by the laws or regulations of the country where a visitor of our Websites resides. These Terms and Conditions of Use shall be governed by and construed in accordance with the laws of the United States of America and the state of Michigan, without regard to choice of law principles. You agree that jurisdiction and venue for any legal proceeding directly or indirectly arising out of or relating to our Websites shall be in the state or federal courts located in the state of Michigan.

Permitted Users: Currently, New Passion Services are available for use only by individuals who are 18 years of age or older. You acknowledge and agree that you may not access, attempt to access, or use New Passion Services if you are not at least 18 years of age.

Public Areas and the Subscription Service: New Passion Services include (i) public areas that are generally accessible to the public and contain information about New Passion, New Passion and the New Passion Services (the “Public Areas”), (ii) a subscription service (the “Subscription Service”) that may only be accessed by registered users (the “Registered Users”). Individuals who desire to become Registered Users in order to gain access to the Subscription Service will be required to select a user identification (“User ID”) and password (the “Password”). Registered Users are solely responsible for all activity occurring through the use of their Password and for keeping their User ID and Password confidential. Registered Users are also responsible for all activity by others to whom such Registered Users have voluntarily disclosed their password. Registered Users shall notify us immediately upon becoming aware of any actual or suspected unauthorized use, unauthorized disclosure, or theft of any User ID or Password. You may not attempt to gain unauthorized access to the Subscription Service.

Visitor Submissions to a Website: If any visitor of our Websites makes any voluntary submission (such as questions, comments, or suggestions) to New Passion, whether oral, written, or electronic, no confidential relationship shall be established between the visitor and New Passion. The visitor's submission, and any information submitted with it, shall be considered non-confidential and shall be considered the sole and exclusive property of New Passion. You agree that such submission constitutes a "work for hire," under U.S. copyright law. You agree to assign all rights in and to your submission to New Passion. New Passion shall have no obligation of any kind (such as compensation) with respect to the submission or any materials that accompany it. New Passion shall be free to use or transmit to others any ideas, concepts, information, or techniques contained in the visitor's submission and accompanying materials for any purpose whatsoever, including but not limited to research, development, manufacture, use, or sale of any products or ingredients incorporating or relying on such information.

Permitted Use: Subject to the terms and conditions of these Terms, New Passion grants you a non-exclusive, personal, non-transferable, non-sub licensable, limited and revocable right to access, use and display the New Passion Services and the Content on any computers for your authorized educational use only (the “Permitted Uses”). You agree to use New Passion Services and Content only for lawful purposes and for the Permitted Uses. No other use of New Passion Services or the Content is authorized. You are prohibited from any use of New Passion Services or Content that would constitute an illegal offense, give rise to liability or otherwise violate any applicable laws or regulations or these Terms. Except as otherwise authorized by these Terms or expressly stated on about New Passion Services, you may not publicly perform, distribute, publicly display, transmit, publish, participate in the sale or transfer of and/or modify the Content and/or create derivative works based on any Content, in whole or in part. No right, title, or interest in Content is transferred to you as a result of your use of New Passion Services.

Additional Restrictions: The limited license granted to you pursuant to these Terms does not include any resale or commercial use of New Passion Services or the Content; any derivative use of New Passion Services or the Content. You may not reproduce, duplicate, copy, sell, resell, modify, reverse engineer, decompile, disassemble or create derivative works of or otherwise exploit for any commercial purpose New Passion Services, the Content, or any portion of the foregoing, without New Passion express written consent. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of New Passion and New Passion affiliates or licensors without New Passion express written consent. None of the Content or New Passion Services may be retransmitted without New Passion express written consent, nor may it be used on any other Web site or stored on any networked computer environment. You may not use any meta tags or any other "hidden text" utilizing any of New Passion names or trademarks without New Passion expresses written consent. Any unauthorized use terminates the permission and/or license granted by us without the need for further action by us.

Intellectual Property: Each of our Websites and its content, including art work, graphics, images, screen shots, text, music, digitally downloadable files, copyrights, trademarks, trade dress rights, logos, product and character names, slogans and the compilation of the foregoing (collectively, the "Content") is the property of either New Passion or its licensors, and is protected in the United States and internationally under trademark, copyright and other intellectual property laws. Third-party content is used by New Passion subject to license, or subject to the fair use provisions of United States trademark and/or copyright laws and applicable provisions in other jurisdictions. Third-party trademarks are the property of their respective owners. All original Content used on our Websites is owned or licensed by New Passion for use only on our Websites and in materials provided to health care professionals. Unless specifically noted, you understand and agree that you may not use any Content or third party content appearing at our Websites, including in any publications, in public performances, for any commercial purpose, including in connection with products or services that are not those of New Passion, in any other manner that is likely to cause confusion among consumers, that disparages or discredits New Passion and/or its licensors, that dilutes the strength of New Passion’s or its licensor’s property, or that otherwise infringes New Passion’s or its licensor’s intellectual property rights. Downloadable files are made available for your use subject to the terms herein, and may be used for personal or non-commercial use, provided that you do not violate any of the terms herein, and provided that the copyright notice of New Passion appears in all copies of such information. With respect to materials provided to health care professionals, such health care professionals agree to comply with the terms described herein, and may only use Content or third-party content located at any of our Websites if approved in writing by us. Unauthorized use of any Content in any context is prohibited. Nothing contained herein shall be construed as conferring any license or right under any patent, copyright, or trademark of New Passion.

Trademarks: New Passion Services are the trademarks and service marks of New Passion or its affiliates. Other company, product and service names and logos used and displayed on or within the New Passion Services may be trademarks or service marks owned by others. Nothing contained on or within the New Passion Services should be construed as granting any license or right to use any of the New Passion trademarks or other trademarks displayed on or within the New Passion Services without the prior written permission in each instance of New Passion and/or the owner(s) of such other trademarks. Without limiting the generality of the foregoing, we prohibit the use of any New Passion trademarks as part of a link to or from any Web site unless such a link is approved in advance by us in writing. All goodwill generated from the use of the New Passion trademarks on any Web site will inure to our benefit.

Copyright: All Content included within or made available through New Passion Services, including, without limitation, software, editorial materials, photographs, text, graphics, logos, audio, button icons, and images are the property of New Passion, its affiliates, content suppliers, or its licensors and are protected by U.S. and international copyright laws. The compilation (meaning the collection, arrangement, and assembly) of all Content included within or made available through New Passion Services is the exclusive property of New Passionor such third parties, as applicable, and protected by U.S. and international copyright laws. All software used in connection with the New Passion Services is the property of New Passion or its software suppliers and protected by U.S. and international copyright laws. If you believe, in good faith, that New Passion Services infringe your copyright, you should send a notice of claimed copyright infringement, pursuant to Title 17, United States Code, Section 512(c)(2) (a portion of the “Digital Millennium Copyright Act”), to New Passion designated agent Fadi Hanna at: New Passion Health Care Services, 11662 Martin Road, Suite D, Warren MI 48093.

Infringement Notification Policy: If you believe that your work has been copied in a way that constitutes copyright or moral rights infringement, please provide New Passion with the following information. Please be advised that to be effective, notification must include ALL of the following:

1. 1. a physical or electronic signature of the person authorized to act on behalf of the owner of an exclusive copyright that is allegedly infringed;
2. 2. a description of the copyrighted work that you claim has been infringed, or in respect of which you claim your moral rights have been infringed;
3. 3. a description of where the material that you claim is infringing is located, including the address of the website where this material is located;
4. 4. your address, telephone number, and e-mail address and all other information reasonably sufficient to permit us to contact you;
5. 5. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
6. 6. a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

 

New Passion Home Health Care
11662 Martin Road, Suite D,
Warren, MI 48093
Tel: 586-754-4900
Fax: 586-754-4999

Privacy: By using New Passion Services and providing information to us, you agree that we may use the information you provide to us in accordance with our Privacy Policy.

Usage Monitoring: Subject to the terms and conditions of the New Passion Privacy Policy, New Passion has the right, but not the obligation, to monitor the use of New Passion Services and to disclose such information as we deem necessary or appropriate, including without limitation, to satisfy any law, regulation or other governmental request, to operate New Passion Services or to protect ourselves or other users of New Passion Services.

Unsolicited Submissions: Any unsolicited communications that you make to New Passion through New Passion Services, including communications containing feedback, comments, ideas and concepts (collectively, “Unsolicited Communications”) will be considered non-confidential and non-proprietary. New Passion and its affiliates are free to use and dispose of such Unsolicited Communications for any purpose and in any manner whatsoever. By submitting an Unsolicited Communication, you hereby grant New Passion and its affiliates a perpetual, royalty-free, fully paid-up and irrevocable right and license to use, reproduce, modify, publicly display, distribute, transmit, sublicense, create derivative works from, transfer, sublicense and sell such Unsolicited Communications. By providing Unsolicited Communications you warrant and represent that you own or otherwise control all of the rights to your Unsolicited Communications. Please be aware that no compensation will be paid with respect to the use of any Unsolicited Communications by New Passion or any of its affiliates.

Disclaimer: YOU ACKNOWLEDGE AND AGREE THAT New Passion SERVICES AND ALL CONTENT ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. WITHOUT LIMITING ANY OF THE FOREGOING, NONE OF New Passion, ITS AFFILIATES OR THEIR RESPECTIVE MEMBERS, OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS (COLLECTIVELY, THE “NEW PASSION PARTIES”) WARRANT THAT New Passion SERVICES WILL OPERATE ON AN UNINTERRUPTED OR ERROR-FREE BASIS, THAT DEFECTS WILL BE CORRECTED, OR THAT New Passion SERVICES OR THE SERVER THAT MAKES SUCH SERVICES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ACKNOWLEDGE, BY YOUR USE OF New Passion SERVICES, THAT YOUR USE OF New Passion SERVICES IS AT YOUR SOLE RISK AND THAT NONE OF THE PARTIES SHALL BE LIABLE FOR ANY DAMAGES OF ANY KIND RELATED TO YOUR USE OF New Passion SERVICES. THIS INFORMATION PROVIDED THROUGH THE CONTENT AND New Passion SERVICES IS PROVIDED FOR GENERAL MEDICAL EDUCATION PURPOSES ONLY AND IS NOT MEANT TO SUBSTITUTE FOR THE INDEPENDENT MEDICAL JUDGMENT OF A PHYSICIAN RELATIVE TO DIAGNOSTIC AND TREATMENT OPTIONS OF A SPECIFIC PATIENT'S MEDICAL CONDITION. IN NO EVENT WILL THE NEW PASSION PARTIES BE LIABLE FOR ANY DECISION MADE, TREATMENT PROVIDED AND/OR ACTION TAKEN IN RELIANCE UPON THE INFORMATION PROVIDED THROUGH THE CONTENT AND/OR New Passion SERVICES.THE OPINIONS, RECOMMENDATIONS AND PERSPECTIVES EXPRESSED VIA New Passion SERVICES ARE THOSE OF AUTHORS ONLY AND DO NOT NECESSARILY REFLECT THE OPINIONS, IDEAS OR RECOMMENDATIONS OF THEIR AFFILIATED INSTITUTIONS, New Passion, THE NEW PASSION PARTIES, NEW PASSION EDITORIAL BOARDS AND CONSULTANTS, AND/OR THE COMMERCIAL SUPPORTERS OF ANY OF THE FOREGOING. CLINICAL JUDGMENT MUST GUIDE EACH CLINICIAN IN WEIGHING THE BENEFIT OF ANY DIAGNOSTIC INTERVENTION OR TREATMENT APPROACH AGAINST THE RISK OF THE INTERVENTION OR TREATMENT. DOSAGE, INDICATIONS AND METHODS OF USE FOR PRODUCTS REFERRED TO VIA New Passion SERVICES ARE NOT NECESSARILY THE SAME AS INDICATED IN THE PACKAGE INSERT FOR THE PRODUCT AND MAY REFLECT THE CLINICAL EXPERIENCE OR EXPERTISE OF THE INDIVIDUAL AUTHOR. ANY DIAGNOSTIC PROCEDURES OR TREATMENTS SHOULD NOT BE UTILIZED BY CLINICIANS OR OTHER HEALTHCARE PROFESSIONALS WITHOUT EVALUATION OF THEIR PATIENTS’ CONDITIONS, AND OF POSSIBLE CONTRAINDICATIONS OR RISKS AND WITHOUT A REVIEW OF ANY APPLICABLE MANUFACTURER’S PRODUCT INFORMATION AND COMPARISON WITH THE RECOMMENDATIONS OF OTHER AUTHORITIES.

Possible errors and changes: THE INFORMATION ON OUR WEBSITES MAY CONTAIN INACCURACIES OR TYPOGRAPHICAL ERRORS. NEW PASSION RESERVES THE RIGHT TO MAKE ADDITIONS, DELETIONS, OR MODIFICATIONS TO THE INFORMATION ON ANY OF OUR WEBSITES AT ANY TIME WITHOUT PRIOR NOTICE. NEW PASSION ALSO RESERVES THE RIGHT TO WITHDRAW ANY OF OUR WEBSITES OR ANY INFORMATION CONTAINED ON OUR WEBSITES FROM THE INTERNET AT ANY TIME WITHOUT PRIOR NOTICE. ANYONE USING ANY OF OUR WEBSITES OR THE INFORMATION THEY CONTAIN ASSUMES FULL RESPONSIBILITY OF ANY AND ALL RISKS ARISING FROM OR RELATED TO THE USE OF SUCH WEBSITES OR THE INFORMATION THEY CONTAIN.

Limitation of Liability: YOUR SOLE REMEDY FOR DISSATISFACTION WITH YOUR USE OF OUR SERVICES OR OUR CONTENT IS TO STOP USING New Passion SERVICES AND/OR THE CONTENT. YOU AGREE THAT UNDER NO CIRCUMSTANCES WILL New Passion AND OUR AFFILIATES AND PARTIES BE LIABLE FOR ANY DAMAGES, WHETHER DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES (COLLECTIVELY, THE “EXCLUDED DAMAGES”), ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF OR INABILITY TO USE New Passion SERVICES OR ANY OF THE CONTENT AND/OR WITH ANY DECISIONS MADE, TREATMENT PROVIDED AND/OR ACTIONS TAKEN IN RELIANCE UPON THE INFORMATION PROVIDED THROUGH THE CONTENT AND/OR New Passion SERVICES, INCLUDING: LOSS OF REVENUE, ANTICIPATED PROFITS, BUSINESS, SAVINGS, GOODWILL OR DATA; ANY FAILURE OF PERFORMANCE, DENIAL OF SERVICE, ATTACK, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION OR COMPUTER VIRUS; OR THIRD PARTY THEFT OF, DESTRUCTION OF, UNAUTHORIZED ACCESS TO, ALTERATION OR USE OF YOUR INFORMATION, EQUIPMENT OR PROPERTY, EVEN IF THE PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF OR COULD HAVE FORESEEN THE EXCLUDED DAMAGES. FURTHER, THE New Passion, PARTIES WILL NOT BE RESPONSIBLE FOR ANY FAILURE TO COMPLY, BY YOU OR ANY THIRD PARTY, WITH THESE TERMS OR WITH APPLICABLE FEDERAL, STATE AND LOCAL LAWS.

FURTHERMORE, OUR WEBSITES ARE PROVIDED ON AN "AS IS, AS AVAILABLE" BASIS. NEW PASSION HEREBY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, CREATED BY LAW, CONTRACT, OR OTHERWISE INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN NO EVENT SHALL NEW PASSION BE LIABLE FOR ANY DAMAGES, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF PROFIT) ARISING FROM OR IN CONNECTION WITH THE USE OR EXISTENCE OF ANY OF OUR WEBSITES, THE INABILITY TO USE ANY OF OUR WEBSITES, AND/OR THE INFORMATION THAT ANY OF OUR WEBSITES CONTAIN, REGARDLESS OF WHETHER NEW PASSION HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NEW PASSION HAS NOT REVIEWED THE THIRD-PARTY WEBSITES THAT MAY BE LINKED TO ANY OF OUR WEBSITES AND DOES NOT ENDORSE AND IS NOT RESPONSIBLE FOR THE CONTENT OF ANY OFF-SITE PAGES OR ANY THIRD-PARTY WEBSITES LINKED TO ANY OF OUR WEBSITES. NEW PASSION DOES NOT WARRANT THAT OUR WEBSITES OR THE SERVERS THAT MAKE THEM AVAILABLE ARE FREE FROM ERRORS OF ANY SORT OR FREE FROM COMPUTER VIRUSES.

NEW PASSION ALSO DISCLAIMS RESPONSIBILITY FOR ANY DAMAGES WHATSOEVER THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE RELATING TO OUR WEBSITES WHETHER OR NOT CAUSED BY EVENTS BEYOND OUR REASONABLE CONTROL INCLUDING, WITHOUT LIMITATION, ACTS OF ANY OF OUR THIRD-PARTY VENDORS, ACTS OF GOD, COMMUNICATIONS LINE FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO THE WEBSITES’ RECORDS, PROGRAMS OR SERVICES. IN NO EVENT SHALL NEW PASSION’S TOTAL LIABILITY FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION EXCEED FIVE DOLLARS ($5.00). SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. AS A RESULT, THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

Indemnification: YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS NEW PASSION, ITS OFFICERS, DIRECTORS, EMPLOYEES AND THIRD-PARTY VENDORS FROM AND AGAINST ANY LOSSES, DAMAGES, CLAIMS, ACTIONS, DEMANDS OR EXPENSES, INCLUDING REASONABLE ATTORNEY’S FEES, OF ANY PERSON OR ENTITY, INCLUDING PERSONAL INJURY AND DEATH, REGARDLESS OF WHETHER THEY ARISE OUT OF OR ARE ATTRIBUTABLE TO ANY ACT OR OMISSION, NEGLIGENT OR OTHERWISE, OF NEW PASSION, ARISING OUT OF OR IN CONNECTION WITH: (i) YOUR USE OF ANY OF OUR WEBSITES, OR ANY CONTRACTS ENTERED INTO OR SERVICES OR PRODUCTS OFFERED, SOLD OR PURCHASED AS A RESULT OF ANY CONTACT INITIATED ON OR THROUGH OUR WEBSITES, (ii) YOUR BREACH OF THESE TERMS AND CONDITIONS OF USE, INCLUDING ANY ABUSIVE OR UNLAWFUL BEHAVIOR ON THE PART OF YOU OR YOUR DEPENDENTS, OR (iii) YOUR INFRINGEMENT OF ANY INTELLECTUAL PROPERTY OR PRIVACY RIGHT OF ANY PERSON. THIS INDEMNIFICATION PROVISION SHALL APPLY TO THIRD-PARTY CLAIMS AS WELL AS CLAIMS BETWEEN THE PARTIES TO THESE TERMS AND CONDITIONS OF USE.

Termination: You acknowledge and agree that New Passion may suspend or terminate your access to and use of New Passion Services at any time, with or without cause, at absolute discretion and without notice, including for any breach of these Terms. The relevant version of these Terms shall continue to apply to all prior use of New Passion Services. The following paragraphs of these Terms shall survive termination of your use or access to New Passion Services: paragraphs concerning indemnification, disclaimers, limitations of liability, termination and general provisions and any other provision that by its terms survives termination of your use of or access to New Passion Services.

Links to Other Websites and Services: To the extent that New Passion Services contain links to outside services and resources, the availability and content of which New Passion does not control, any concerns regarding any such service or resource, or any link thereto, should be directed to the particular outside service or resource. New Passion makes no representation or warranty regarding any other Web sites or the contents or materials on such Web sites. WE ARE NOT RESPONSIBLE FOR THE CONTENT OF ANY THIRD PARTY SITE, NOR DO WE MAKE ANY WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, REGARDING THE CONTENT (OR THE ACCURACY OF SUCH CONTENT) ON ANY THIRD PARTY SITES, AND WE SHALL HAVE NO LIABILITY OF ANY NATURE WHATSOEVER IN RELATION TO ANY OF THE FOREGOING.

Applicable Law: New Passion Services are created and controlled by New Passion and/or its affiliates without regard to its conflict of laws rules. As such, the laws that governs these disclaimers, terms, and conditions, without giving effect to any principals of conflict of laws. All claims and disputes arising out of these Terms or New Passion Services, other than action for specific performance or injunctive relief brought by New Passion, shall be exclusively brought in the federal, state, or local courts located in Michigan, MI, USA and, with regard to such claims and disputes, you hereby irrevocably (i) submit to the exercise of personal jurisdiction over you by those courts and (ii) waive any jurisdictional, venue, or inconvenient forum objections to such courts. Nothing herein should be considered a solicitation or promotion for any product or an indication for any product that is not permitted by the laws or regulations of the country where a visitor of our Websites resides. These Terms and Conditions of Use shall be governed by and construed in accordance with the laws of the United States of America and the state of Michigan, without regard to choice of law principles. You agree that jurisdiction and venue for any legal proceeding directly or indirectly arising out of or relating to our Websites shall be in the state or federal courts located in the state of Michigan.

General Provisions: Failure by New Passion, to enforce any provision(s) of these Terms shall not be construed as a waiver of any provision or right. In the event that any portion of these Terms is held to be unenforceable, the unenforceable portion must be construed as nearly as possible to reflect the original intent, the remaining portions remain in full force and effect, and the unenforceable portion remains enforceable in all other contexts and jurisdictions. These Terms constitutes the entire agreement between you and New Passion, with respect to the subject matter hereof and supersedes all prior oral or written understandings, communications or agreement not specifically incorporated herein, provided, however, that if you register for and participate in any continuing education programs offered by New Passion, additional terms and conditions may apply to such programs. Any claim under these Terms must be brought within one (1) year after the date upon which the cause of action arose.

Acknowledgments, Representations and Warranties related to Websites where Information can be Uploaded or Downloaded: You understand and acknowledge that use of any of our Websites is at your own risk. New Passion is not responsible or liable for any visitor postings or third-party content on any of our Websites, including biographical information provided by health care professionals. New Passion is not liable for any Content on any of our Websites. You understand that we expressly disclaim any responsibility for any third-party information or material posted at any of our Websites. We have no responsibility for such content and are merely providing access to such content as a service to you. We make no representations about the reliability of the features of any of our Websites, and disclaim all liability in the event of any service failure. You acknowledge that any reliance on such material and/or systems will be at your own risk. We make no representations regarding the amount of time any content or information will be preserved. You participate in or operate and use uploaded information and other Website features at your own risk. If you are dissatisfied with any feature, operability, Content, third-party content, these Terms and Conditions of Use, other agreements we may impose as a condition of usage, or any other component of our Websites, your sole remedy is to discontinue use of our Websites.