Terms & Conditions

TERMS OF SERVICE AND CONDITIONS OF USE

USER AGREEMENT

Your use of Aspire Integrated Healthcare Solutions, LLC products, software, services, and websites (referred to collectively as the “services”) is subject to the terms of this ‘terms of service and conditions of use - user agreement’ (the “terms of use” “user agreement” or “agreement”) between Aspire and you (the “user”). As used herein, the user will include the company or other entity with which the user is employed or otherwise affiliated (including its officers, directors, agents, managers, and employees), to the extent that the user is acting on its behalf. The user represents that you are 18 years old or older and are authorized by your company or other entity to enter into this agreement. Please notice that you must read, agree with and accept all of the terms and conditions contained in this agreement in order to use our website located at www.AspireHealthPortal.com, www.AspireIHS.com, portal@aspirehealthtoolkit.com or any other subdomain or derivative URL owned or created by Aspire (the “Site”) and related software and services (collectively, the “Aspire platform”).

Electronic agreement – this agreement is an electronic contract that sets out the legally binding terms of your use of the site and your subscriptions in the services. By accessing this site or becoming a member, the user consents to have this agreement provided to the user in electronic form.

THE USERS ACCEPTANCE OF THIS AGREEMENT

This agreement – the following notices, terms, conditions and policies – (which incorporates by reference other provisions contained in any other products or services agreement(s) executed and in effect between the parties and are applicable to the use of this site) governs the use of this site, its contents, any products or services available on or certain specific material contained in this site, and sets forth the terms and conditions that apply to use of this site by user. Any inconsistencies between the terms of this agreement and those provisions contained in any other products or services agreement(s) executed and in effect between the parties, then the terms of such products or services agreement(s) shall take precedence in relation to this agreement.

This agreement is effective January 1, 2022. By accessing or using the Aspire Platform (other than to read this agreement for the first time), the user agrees to be bound by the terms and conditions set forth below, and by use of this site the user affirmatively, expressly, or implicitly represents and warrants to Aspire that the user has carefully reviewed this ‘Terms of Service and Conditions of use’ set forth in this Agreement, and the ‘privacy policy’ (all terms of which are herein incorporated by reference); and that the user agrees to abide by and to be legally bound by all such terms and conditions of the user agreement and privacy policy; and the user agrees to receive required notices and to transact with us electronically. If you, ‘the user,’ do not agree, please do not use the site.

ARTICLE 1

ACCEPTANCE OF TERMS AND THE PROVISION OF SERVICE

1. Acceptance of terms: provision of services.

The user hereby understands, acknowledges, accepts, consents and agrees as follows: (a) this agreement, incorporates by reference all other terms and conditions applicable to the user’s use of Www.AspireHealthPortal.com set forth in any services or product agreements, or other transfers or assignments that have been or shall be entered into by and between the user with Aspire; (b) Www.AspireHealthPortal.com and its contents are for user’s personal non-commercial use only; and (c) the user’s right to use Www.AspireHealthPortal.com is personal to the user and is not transferable to any other person or entity.

2. Acceptance of terms: description of services.

Through its web property, Aspire provides user with access to a variety of resources, including business management tools, client portals, communications solutions, and product information (collectively “services”). The services, including any updates, enhancements, new features, and/or the addition of any new web properties, are subject to the terms of use.

3. Acceptance of terms: changes to the terms of this agreement or other policies

Aspire shall have the right at any time to change or modify the terms and conditions applicable to user’s use of Www.AspireHealthPortal.com, or any part thereof, or to impose new conditions, including, but not limited to, adding fees and charges for use. Such changes, modifications, additions, or deletions shall be effective immediately upon notice thereof, which may be given by means including, but not limited to, posting on Www.AspireHealthPortal.com, or by electronic or conventional mail, or by any other means by which user obtains notice thereof. Any use of Www.AspireHealthPortal.com by user after such notice shall be deemed to constitute acceptance by the user of such changes, modifications, or additions. The user is responsible for checking these terms periodically for any changes. The most current version of this agreement can be reviewed by clicking on the “terms of use” hypertext link located at the bottom of the web pages of Www.AspireHealthPortal.com.

4. Acceptance of terms: changes to services

4.1 Aspire is entitled to at any time modify, improve, or discontinue any of its content, products, services and any aspect or feature of Www.AspireHealthPortal.com, including, but not limited to, content, hours of availability, and equipment needed for access or use, at its sole discretion and without notice to the user. Aspire is entitled to provide services to the user through subsidiaries or affiliated entities. Aspire reserves the right to change, remove or discontinue (temporarily or permanently) the website, or any content, service, function, feature, or other part of the website at any time or without notice; and the user confirms that Aspire shall not be liable to the user for any such change, remove or discontinuance.

4.2 your purchase of services and services availability – specific terms and conditions apply to your purchase of services from Aspire and to specific portions or features of Www.AspireHealthPortal.com. Aspire’s obligations with regards to its services offered on Www.AspireHealthPortal.com are governed solely by such terms and conditions and nothing contained on Www.AspireHealthPortal.com or in these terms and conditions shall be construed to alter services specific terms and conditions. The materials on Www.AspireHealthPortal.com with respect to services may be outdated and Aspire makes no commitment to update such material. Not all services mentioned in these materials will be available in your country and such references do not imply that Aspire will make available such services in your country. Please consult Www.AspireHealthPortal.com for information regarding the availability of particular services offering in your country.

4.3 promotions – Www.AspireHealthPortal.com may contain or offer sweepstakes, contests, promotions, or other similar features, which may be subject to a separate set of rules that describe the contest or promotion and may have eligibility requirements, such as certain age or geographic area restrictions. It is your responsibility to read those rules to determine whether or not your participation, registration or entry will be valid or restricted, and to determine the sponsor’s requirements in connection with the applicable contest or promotion.

5. Acceptance of terms: additional terms and conditions for software.

When the user registers for or purchases any of Aspire’s services, the user may be required to agree to one or more end-user license agreements (or “EULAs”) which may include additional terms. The user will be bound by any EULA that the user agrees to.

6. Privacy: data protection.

In order to provide quality services to you, we collect certain personal about you, including but not limited to the user’s name, address, telephone numbers, and in some cases (where our service is co-branded with a credit card partner) credit card information. Www.AspireHealthPortal.com also includes some use of cookies and similar automated techniques to collect information which is important to enhance and personalize the user’s experience as a Aspire customer. Our information practices are subject to Aspire’s ‘privacy policy’ (most recent version can be found on the following page https://Www.AspireHealthPortal.com/privacy-policy/ ). The information the user submits when opening a Aspire account and when the user transacts business via the Aspire website may be transferred to, stored in and/or processed in the united states or any other country when such transfer, storage and/or processing are necessary to provide Aspire services to you. By opening a Aspire account, the user consents to the transfer, storage and/or processing of that information in such countries. If the user objects to the user’s information being transferred, stored, or processed in this manner, or if the user objects to the use of cookies or to our privacy policy, please do not use Aspire services.

7. Security notice: user registration.

The user must register on Www.AspireHealthPortal.com in order to use certain functions of the site, such as our app. If the user just wants to browse Www.AspireHealthPortal.com, registration is optional. During registration, the user will be required to provide contact information, consisting of an email address, username, and password. The username will be the email address with which the user will register. The user may, but are not obligated to, use the user’s own name. If the user does use the user’s own name, the user consents to it being passed to others by use of certain of the functions of Aspire and the site such as our app. Aspire reserves the right to reject or remove any username or display name. For certain of our functions, such as the purchase of products and services, the user is required to provide the user’s name, address and billing and credit card information. The user is required to provide accurate and complete information.

8. Security notice: member account, password, and security.

If any of the services requires the user to open an account, the user must complete the registration process by providing Aspire with current, complete, and accurate information as prompted by the applicable registration form. The user also will choose a ‘password’ and a ‘display name.’ furthermore, the user acknowledges and agrees that: (a) the user is responsible for any and all activities that occur under the user’s account and for ensuring that all such use complies fully with the provisions of this agreement; (b) the user is responsible for protecting the confidentiality of the user’s password and account information; (c) the user must notify Aspire immediately of any unauthorized use of the user’s account or any other breach of security; (d) Aspire is not liable for any loss that the user may incur as a result of someone else using the user’s password or account, either with or without the user’s knowledge, and may be held personally liable for any losses incurred by Aspire; and (e) the user may not use anyone else’s account at any time, without the permission of the account holder.

9. Security notice: age of users.

9.1 children under the age of 13 may not use this service and parents or legal guardians may not agree to these terms of use on their behalf. If we become aware that a child under 13 has provided or attempted to provide Aspire with personal information, we will use our best efforts to remove the information permanently from our files. If the user is under the age of 18 but at least 13 years of age, the user may use Www.AspireHealthPortal.com only under the supervision of a parent or legal guardian who agrees to be bound by these terms of use.

9.2 if you are a parent or legal guardian agreeing to these terms of use for the benefit of a child between the ages of 13 and 18, be advised that you are fully responsible for his or her use of this site, including all financial charges and legal liability that he or she may incur.

10. Security notice: unauthorized access & activity.

Unauthorized access and attempts to defeat or circumvent security features, to use Www.AspireHealthPortal.com for other than intended purposes, to deny service to the site’s users, to access, obtain, alter, damage, or destroy information, or otherwise to interfere with the site or its operation is prohibited and all violators are subject to criminal and civil penalties and will be prosecuted to the fullest extent of the law, including criminal and civil prosecution. All traffic is logged and monitored for potential abuse. Evidence of such acts will be disclosed to law enforcement authorities, and be used for the purposes of criminal and civil prosecution.

11. User conduct: proper use of this site.

11.1 user shall use Www.AspireHealthPortal.com for lawful purposes only. User shall not post or transmit through this site any material which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law, or which, without Aspire’s express prior approval, contains advertising or any solicitation with respect to products or services. Any conduct by the user that in Aspire’s discretion restricts or inhibits any other user from using or enjoying this site will not be permitted. User shall not use Www.AspireHealthPortal.com to advertise or perform any commercial solicitation, including, but not limited to, the solicitation of users to become subscribers of other on-line information services competitive with Aspire.

11.2 Www.AspireHealthPortal.com contains copyrighted material, trademarks, and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music and sound, and the entire contents of Www.AspireHealthPortal.com are copyrighted as a collective work under the united states copyright laws. Aspire owns a copyright in the selection, coordination, arrangement, and enhancement of such content, as well as in the content original to it. User may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. User may download copyrighted material for user’s personal use only. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication, or commercial exploitation of downloaded material will be permitted without the express permission of Aspire and the copyright owner. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. User acknowledges that it does not acquire any ownership rights by downloading copyrighted material.

11.3 user shall not upload, post, or otherwise make available on Www.AspireHealthPortal.com any material protected by copyright, trademark, or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right and the burden of determining that any material is not protected by copyright rests with user. User shall be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from such a submission. By submitting material to any public area of this site user automatically grants, or warrants that the owner of such material has expressly granted Aspire the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material. User also permits any other user to access, view, store, or reproduce the material for that user’s personal use. User hereby grants Aspire the right to edit, copy, publish and distribute any material made available on Www.AspireHealthPortal.com by user.

11.5 the foregoing provisions are for the benefit of Aspire, its subsidiaries, affiliates and its third party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf.

11.6 this should go without saying, but you can’t use Aspire to do or promote anything illegal. There are other industries that aren’t illegal, but tend to generate a lot of spam complaints. To be specific, we may not allow the following businesses or types of services to use postmark:

• Offering      to sell illegal goods or services
• Violating      can-spam laws
• Pornography/sexually      explicit content
• Escort      services
• Pharmaceutical      products
• Gambling      services or products
• Multi-level      marketing
• Affiliate      marketing
• Make      money online opportunities
• Credit      repair and get out of debt opportunities
• Short-term      / payday loan services
• List      brokers or list rental services
• Selling      “likes” or followers for a social media platform
• Content      that contains information that reveals racial or ethnic origin, political      opinions, religious or philosophical beliefs, or trade union membership,      genetic data, biometric, data concerning health or data concerning an      individual’s sex life or sexual orientation
• Other      information that we find, in our sole discretion, hurt our reputation or      our deliverability

12. The provision of services and restrictions of use.

12.1 the services may contain e-mail services, bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, photo albums, file cabinets and/or other message or communication facilities designed to enable user to communicate with others (each a “communication service” and collectively “communication services”). User agrees to use the communication services only to post, send and receive messages and material that are proper and, when applicable, related to the particular communication service. By way of example, and not as a limitation, user agrees that when using the communication services, user will not: (a) use the communication services in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise); (b) defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; (c) publish, post, upload, distribute, or disseminate any inappropriate, profane, defamatory, obscene, indecent or unlawful topic, name, material or information; (d) upload, or otherwise make available, files that contain images, photographs, software or other material protected by intellectual property laws, including, by way of example, and not as limitation, copyright or trademark laws (or by rights of privacy or publicity) unless user own or control the rights thereto or have received all necessary consent to do the same; (e) use any material or information, including images or photographs, which are made available through the services in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party; (f) upload files that contain viruses, trojan horses, worms, time bombs, cancel-bots, corrupted files, or any other similar software or programs that may damage the operation of another’s computer or property of another; (g) advertise or offer to sell or buy any goods or services for any business purpose, unless such communication services specifically allows such messages; (h) download any file posted by another user of a communication service that user know, or reasonably should know, cannot be legally reproduced, displayed, performed, and/or distributed in such manner; (i) falsify or delete any copyright management information, such as author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded; (j) restrict or inhibit any other user from using and enjoying the communication services; (k) violate any code of conduct or other guidelines which may be applicable for any particular communication service; (l) harvest or otherwise collect information about others, including e-mail addresses; (m) violate any applicable laws or regulations; (n) create a false identity for the purpose of misleading others; or (o) use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity any directory of users of the services or other user or usage information or any portion thereof.

12.2 Aspire has no obligation to monitor the communication services. However, Aspire reserves the right to review materials posted to the communication services and to remove any materials in its sole discretion. Aspire reserves the right to terminate user’s access to any or all of the communication services at any time, without notice, for any reason whatsoever. Aspire reserves the right at all times to disclose any information as it deems necessary to satisfy any applicable law, regulation, legal process, or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Aspire’s sole discretion.

12.3 materials uploaded to the communication services may be subject to posted limitations on usage, reproduction and/or dissemination; user is responsible for adhering to such limitations if user downloads the materials.

12.4 always use caution when giving out any personally identifiable information in any communication services. Aspire does not control or endorse the content, messages or information found in any communication services and, therefore, Aspire specifically disclaims any liability with regard to the communication services and any actions resulting from user’s participation in any communication services. Managers and hosts are not authorized Aspire spokespersons, and their views do not necessarily reflect those of Aspire.

12.5 appropriate email practices. All email lists contained and/or used with respect to the service must be permission-based subscriptions. Use of a list that has been purchased or rented from a third party is prohibited. It is your responsibility to monitor and maintain unsubscribe requests for your list that are outside of the functionalities of the service. Emails sent unsolicited will receive abuse complaints that will be reflected on your account. It is your responsibility to maintain abuse results lower than the industry standard. We reserve the right to terminate your account for, among any other reason in our sole discretion, violation of the provisions of this section.

13. Third-party content.

13.1 directory of members – the site contains a directory that is populated with information from third-party sources, from members, users, and clients themselves. Aspire provides this directory as a convenience and does not confirm or verify the information contained in it.

13.2 third-party verification and monitoring –the site makes available various services provided access to member’s credentials, provide testing services, or provide information. Any information or content expressed or made available by these third parties, or any other members is that of the respective author(s) or distributor(s) and not of Aspire. Aspire neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, information, or statement made on the site by anyone other than authorized Aspire employees acting in their official capacities.

13.2 links and applications – this site may contain links to third-party sites. The site may also contain applications that allow you to access third-party sites (including advertisers) via the site. Such third-party sites are owned and operated by the third parties and/or their licensors. Your access and use of third-party sites, including online communication services such as chat, email, and calls, will be governed by the terms and policies of the applicable third party site. You acknowledge and agree that Aspire is not responsible or liable for: (i) the availability or accuracy of third-party sites; or (ii) the content, advertising, or products on or available from third-party sites. You are responsible for deciding if you want to access a third-party site by clicking on a link or installing an application. The inclusion of any link or application on the site does not imply that we endorse the linked site or application. You use the links and these services at your own risk, and agree that your use of an application via the site is on an “as-is” basis without any warranty for any purpose.

ARTICLE 2

COPYRIGHT POLICY AND OTHER PROPRIETARY NOTICES

14. Notifications: copyrights and other proprietary information.

Each and every item and component found on or available via download through Www.AspireHealthPortal.com, including but not limited to manuscripts, written materials, text, graphics, logos, software, databases, icons, images, audio, and video clips, is the exclusive proprietary property of Aspire and is protected under the international treaties and copyright laws of the united states. The software on Www.AspireHealthPortal.com may be used as a resource while accessing Www.AspireHealthPortal.com, and their content, but may not be used for any other purpose whatsoever. Any other use is prohibited and will constitute an infringement upon the proprietary rights of Aspire or its respective owner.

15. Notifications: trademarks.

The Aspire websites and domains, and its logos are the trademark of Aspire, and any use of the Aspire trademark in connection with any product or service that do not belong to Aspire, unless otherwise authorized in a written license agreement, will constitute an infringement upon the trademark rights of Aspire and actionable under the United States trademark laws, international trademark laws, and the trademark or equivalent laws of other countries. All other trademarks, brands, and names are the property of their respective owners. Except as expressly specified in these terms and legal restrictions, nothing contained herein shall be construed as conferring by implication, estoppel or otherwise any license or right under any patent, trademark, copyright, or any proprietary rights of Aspire or any third party. The names of actual companies and products mentioned herein may be the trademarks of their respective owners. 

16. Authorized uses & restrictions: copyrights & other proprietary rights.

16.1 the user hereby acknowledges and agrees that: (a) the information, data, and any materials (the ‘content’) available on Www.AspireHealthPortal.com and affiliate websites (‘affiliates’) are the copyrighted works and exclusive property of Aspire and affiliates, respectively; (b) the content may contain proprietary and confidential information including trademarks, service marks and patents protected by intellectual property laws and international intellectual property treaties; (c) the content available on Www.AspireHealthPortal.com and affiliates may not be sold, reproduced, or distributed without the written permission of their respective owners; (d) any unauthorized use of the content may violate copyright, trademark and other laws; (e) any third-party trademarks, service marks and logos are the property of their respective owners; and (f) any further rights not specifically granted herein are reserved.

16.2 and in addition Aspire hereby authorizes the user: (a) to view and make a single copy of portions of its content for offline, personal, non-commercial use; and (b) to use such content within the user’s organization covered by any current products or service agreements between the user or user’s organization and Aspire.

16.3 and furthermore, the user hereby acknowledges and agrees that: (a) the content cannot be modified or revised any in any manner; (b) authorized copies of the content must retain all copyright and other proprietary notices contained in the original content; (c) no other use of the content is authorized; and (d) any violation of the foregoing may result in civil and/or criminal liabilities.

17. Disclaimers: hyperlinks and external content.

The user acknowledges and agrees that: (a) Www.AspireHealthPortal.com, the content, contain links to other internet sites that are owned and operated by third parties; (b) such links are not endorsements of any products or services in such sites, and no information in such sites have been endorsed or approved by Aspire; (c) Aspire is not responsible for such products, services, and information; and (d) Aspire makes no representations and are not responsible for the availability of, or content located on or through, these third party sites.

18. Unsolicited idea submission policy.

Aspire or any of its employees do not accept or consider unsolicited ideas, including ideas for new advertising campaigns, new promotions, new products or technologies, processes, materials, marketing plans or new product names. Please do not send any original creative artwork, samples, demos, or other works. The sole purpose of this policy is to avoid potential misunderstandings or disputes when products or marketing strategies of Www.AspireHealthPortal.com might seem similar to ideas submitted. So please do not send your unsolicited ideas to Aspire. If, despite our request that you not send us your ideas and materials, you still send them, please understand that Aspire makes no assurances that your ideas and materials will be treated as confidential or proprietary.

19. Submission of comments & feedback: assignment of rights.

The user acknowledges and agrees that: (a) all comments, feedback, information or materials submitted to Www.AspireHealthPortal.com through or in association with this Aspire shall be considered non-confidential and the property of Aspire; examples of these types of materials include but are not limited to company logos or other images, website URLs, and any other publicly accessible or readily available identifying material; (b) by submitting such comments, information, feedback, or materials to this site or Aspire, the user agree to a royalty free, irrevocable assignment to Aspire of worldwide rights to use, copy, modify, publish, display and distribute the submissions worldwide; (c) Www.AspireHealthPortal.com may use such comments, information or materials in any way it chooses in an unrestricted basis; and (d) the user confirms and warrants that the user has the required authority to grant the above license to Aspire.

20. Copyright infringement: repeat infringers.

20.1 we respect the intellectual property rights of others, and we prohibit users from uploading, posting, or otherwise transmitting on Www.AspireHealthPortal.com or by use of any of our services any materials that violate another party’s intellectual property rights.

20.2 it is our policy, in appropriate circumstances and at our discretion, to disable and/or terminate the accounts of users who may repeatedly infringe or violate the copyrights or other intellectual property rights of any party.

21. Notification of alleged copyright infringement.

21.1 if you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, please provide our copyright agent with the following information: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest; (b) a description of the copyrighted work or other intellectual property that you claim has been infringed; (c) a description of where the material that you claim is infringing is located on the website, with enough detail that we may find it on the website; (d) your address, telephone number, and email address; (e) your statement that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law; and (f) your statement, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.

21.2 Aspire’s agent for notice of claims of copyright or other intellectual property infringement can be reached as follows:

By email: info@AspireHealthPortal.com

ARTICLE 3

WARRANTY DISCLAIMERS & LIABILITY LIMITATIONS

The user understands, acknowledges, and agrees that the user is solely responsible for creation, storage, and backup of your personal records. This agreement and any registration for or subsequent use of the site will not be construed as creating any responsibility on Aspire’s part to store, backup, retain, or grant access to any information or data for any period. Aspire has implemented commercially reasonable technical and organizational measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, or disclosure. However, we cannot guarantee that unauthorized third parties will never be able to defeat those measures or use your personal information for improper purposes. You acknowledge that you provide your personal information, or information about the entity that you represent, at your own risk.

22. Disclaimer of warranties & limitation of liability: our provision of service.

22.1 disclaimer of warranties – the user expressly agrees that use of Aspire is at the user’s sole risk. Neither Aspire nor any of its employees, agents, third party content providers or licensors warrant that Aspire will be uninterrupted or error free; nor do they make any warranty as to the results that may be obtained from use of Aspire, or as to the accuracy, reliability or content of any information, service, or merchandise provided through Aspire.

22.2 Www.AspireHealthPortal.com is provided on an “as is” basis without warranties of any kind, either express or implied, including, but not limited to, warranties of title or implied warranties of merchantability or fitness for a particular purpose, other than those warranties which are implied by and incapable of exclusion, restriction, or modification under the laws applicable to this agreement.

22.3 some states and jurisdictions do not allow for all the foregoing limitations on implied warranties, so to that extent, if any, some or all of the above limitations may not apply to you.

22.4 limitation of liability – this disclaimer of liability applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, tortious behavior, negligence, or under any other cause of action. User specifically acknowledges that Aspire is not liable for the defamatory, offensive, or illegal conduct of other users or third parties and that the risk of injury from the foregoing rests entirely with user.

22.5 the limitations of damages set forth above are fundamental elements of the basis of the bargain between the user and Aspire, and/or affiliates. Aspire would not provide Www.AspireHealthPortal.com and information without such limitations. No representations, warranties or guarantees whatsoever are made as to the accuracy, adequacy, reliability, correctness, completeness, suitability, or applicability of the information to a particular situation.

22.6 in addition to the terms set forth above neither, Aspire, nor its affiliates, information providers or content partners shall be liable regardless of the cause or duration, for any errors, inaccuracies, omissions, or other defects in, or untimeliness or unauthenticity of, the information contained within Www.AspireHealthPortal.com, or for any delay or interruption in the transmission thereof to the user, or for any claims or losses arising therefrom or occasioned thereby. None of the foregoing parties shall be liable for any third-party claims or losses of any nature, including, but not limited to, lost profits, punitive or consequential damages.

22.7 in jurisdictions where the exclusion or limitation of liability for consequential or incidental damages is not allowed the liability of Aspire is limited to the greatest extent permitted by law.

22.8 some states and jurisdictions do not allow for all the foregoing exclusions and limitations of incidental or consequential damages, so to that extent, if any, some or all of these limitations and exclusions may not apply to you.

23. Disclaimer of warranties & limitation of liability: the content.

23.1 Aspire has attempted to provide accurate content but assumes no responsibility for the accuracy and completeness of that information or materials. In furtherance of the intent to provide accurate content, Aspire may make changes to the content at any time without notice. However, by the declaration of this intent Aspire does not make any specific commitment to update the content, and as a result may be out of date.

23.2 disclaimer of warranties – the user understands and agrees that the use by the user of Aspire is entirely at the user’s own risk. Specifically stated, the information obtained from or through Aspire, the content, and affiliates is provided “as-is,” “as available,” and all warranties, express or implied, are disclaimed (including but not limited to the disclaimer of any implied warranties of merchantability and fitness for a particular purpose). Take notice that the information may contain errors, problems, or other limitations.

23.3 some states and jurisdictions do not allow for all the foregoing limitations on implied warranties, so to that extent, if any, some or all of the above limitations may not apply to you.

23.4 limitation of liability – the user understands and agrees that Aspire is not liable for any damages incurred by the user or by any third party resulting from the use of inaccurate information containing errors, problems or other limitations; and such use was by the user or by such third party obtaining access to said use through the user, with or without the knowledge of or the consent given by the user and with or without the knowledge of or the authorization given by Aspire, or the use was by another user, given authorized access by Aspire or obtained unauthorized access with or without the knowledge of the user or Aspire; and neither the user nor the third party obtain any rights, for any claims or any remedies, and for any amount or to any extent against Aspire.

23.5 Aspire any indirect, special, incidental, or consequential damages (including damages for loss of business, loss of profits, litigation, or the like). Regardless of whether based on breach of contract, breach of warranty, tort (including negligence), product liability or otherwise, even if advised of the possibility of such damage.

23.6 the limitations of damages set forth above are fundamental elements of the basis of the bargain between the user and Aspire, and/or affiliates. Aspire would not provide Www.AspireHealthPortal.com and information without such limitations. No representations, warranties or guarantees whatsoever are made as to the accuracy, adequacy, reliability, correctness, completeness, suitability, or applicability of the information to a particular situation.

23.7 furthermore, in no event shall Aspire, or affiliates be liable for any damages whatsoever (including, without limitation, indirect, special, consequential or incidental damages or those resulting from lost profits, lost data or business interruption) arising out of the use, inability to use, or the results of use of Aspire, the content, affiliates, or any linked third-party website, or the materials, information, or software contained at any or all such websites, whether based on warranty, contract, tort or any other legal theory and whether or not advised of the possibility of such damages. If use, by the user, of Aspire, the content, affiliates, the materials, information, or software on any such websites results in the need for servicing, repair or correction of equipment or data, the user assumes all costs thereof. Furthermore, all responsibility and liability for any damages caused by viruses contained within Aspire, the content, or affiliates are disclaimed.

23.8 in jurisdictions where the exclusion or limitation of liability for consequential or incidental damages is not allowed the liability of Aspire is limited to the greatest extent permitted by law.

23.9 some states and jurisdictions do not allow for all the foregoing exclusions and limitations of incidental or consequential damages, so to that extent, if any, some or all of these limitations and exclusions may not apply to you.

24. Disclaimer of warranties & limitation of liability: the website software.

24.1 without limiting the foregoing, copying or reproduction of the software to any other server or location for further reproduction or redistribution is expressly prohibited, unless such reproduction or redistribution is expressly permitted by the license agreement accompanying such software. The software is warranted, if at all, only according to the terms of the license agreement.

24.2 disclaimer of warranties – except as warranted in the license agreement, Aspire hereby disclaims all warranties and conditions with regard to the software, including all warranties and conditions of merchantability, whether express, implied or statutory, fitness for a particular purpose, title and non-infringement.

24.3 if the software company makes available as part of the services or in its software products, tools, and utilities for use and/or download. Aspire does not make any assurances with regard to the accuracy of the results or output that derives from such use of any such tools and utilities. Please respect the intellectual property rights of others when using the tools and utilities made available on the services.

24.4 some states and jurisdictions do not allow for all the foregoing limitations on implied warranties, so to that extent, if any, some or all of the above limitations may not apply to you.

24.5 limitation of liability – in no event shall Aspire and/or its respective suppliers be liable for any special, indirect, or consequential damages or any damages whatsoever resulting from loss of use, data, or profits, whether in an action of contract, negligence, or other tortious action, arising out of or in connection with the use or performance of software.

24.6 the limitations of damages set forth above are fundamental elements of the basis of the bargain between the user and Aspire, and/or affiliates. Aspire would not provide this software without such limitations. No representations, warranties or guarantees whatsoever are made as to the accuracy, adequacy, reliability, correctness, completeness, suitability, or applicability of the information to a particular situation.

24.7 in no event will Aspire, or any person or entity involved in creating, producing, or distributing Www.AspireHealthPortal.com or the Aspire software, be liable for any damages, including, without limitation, direct, indirect, incidental, special, consequential, or punitive damages arising out of the use of or inability to use Www.AspireHealthPortal.com. User hereby acknowledges that the provisions of this section shall apply to all content on Www.AspireHealthPortal.com.

24.8 in jurisdictions where the exclusion or limitation of liability for consequential or incidental damages is not allowed the liability of Aspire is limited to the greatest extent permitted by law.

24.9 some states and jurisdictions do not allow for all the foregoing exclusions and limitations of incidental or consequential damages, so to that extent, if any, some or all of these limitations and exclusions may not apply to you.

ARTICLE 4

GENERAL PROVISIONS

25. Headings.

Headings are used for convenience of reference only and in no way define, limit, construe or describe the scope or extent of any section, or in any way affect this agreement.

26. Waiver.

The failure of any party to insist on or enforce strict performance of any provision of this agreement or to exercise any right or remedy under this agreement or applicable law will not be construed as a waiver or relinquishment to any extent of the right to assert or rely