Updated September 7, 2021
Site ownership and terms & conditions of use
Information about the site
This Site is solely owned by Embright and maintained by Embright. Embright reserves the right to update or change the Terms and the Site at any time without notice to you. The most current version of the Terms are indicated by the Date of Revision and can be reviewed by revisiting this page.
Use of the site and content
Through this Site, Embright provides you with access to a variety of health information and resources, including health care content, news, contact information, interactive health care tools and other general information (together "Services"), through the network and servers (the "Network"). This Site and the Services, including any updates, enhancements, and new features are subject to these Terms.
Not medical advice
The Site is not intended to provide medical advice. Always talk to your doctor or other health care professional with any questions or concerns you may have about your health. Information on this Site is intended to help you become informed about health care issues. Information on this Site is generalized and does not take into account individual differences. Use of this Site does not create a provider-patient relationship. You should not disregard any advice or treatment from your health professional based on information on this Site.
Privacy and protection of personal information
Personal and non-commercial use limitation
You may view and download material on the Site solely for your own personal and non-commercial use. You must keep all copyright and other proprietary notices on any copies of the material you use from this Site. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information or services obtained from the Site or the Services.
Permitted use of the site
The Site may be used only for lawful purposes. The Site may not be used:
- To violate the law
- To harm or defraud anyone
- To send or transmit materials that could not be uploaded as content
- To transmit unsolicited promotional or advertising materials or spam
- To transmit any computer code, including (without limitation) any virus, worm, Trojan, time-bomb, logger, spyware, ransomware, or other harmful program or code that is intended, designed, or anticipated to cause harm or disruption to computers or networks
- To participate in a denial of service or other activity that is intended or likely to disrupt the efficient operation of the Site or any other website or computer network.
Access to certain portions of this Site (“Password-Protected Areas”) may require login and password information. You must have this information in order to access these areas.
Patient Information. The Site, including any public forums which you may access via the Site, may contain confidential patient information ("Patient Information"). State and federal laws, as well as ethical and licensure requirements, may impose obligations with respect to patient confidentiality that may limit your ability to receive, disclose, or make use of Patient Information, including transmitting Patient Information to others. You warrant that you will comply with all laws that may directly or indirectly govern your retrieval, use, transmission, processing, receipt, reporting, disclosure, or storage of Patient Information. You are solely responsible for obtaining and maintaining any patient consents, if applicable, and all other consents or permissions required by law or advisable with respect to your retrieval, use, transmission, processing, receipt, reporting, disclosure or storage of Patient Information. You shall be solely responsible for your retrieval, use or misuse, transmission, processing, receipt, reporting, disclosure or storage of Patient Information.
You may be able to upload certain information or content onto the Site. By uploading information onto the Site, you certify that you have the right to upload the information. Information uploaded onto the Site is not confidential, and you grant to us an unlimited, perpetual, royalty free, fully paid-up, worldwide license to use that information for any purpose, in any format or media. We have the right to disclose your identity and location to any third party who claims that any material uploaded or posted by you infringes any intellectual property right or breaches any confidentiality or privacy right. We are not responsible or liable for the content or accuracy of any content posted by you or any other user of the Site. We have the right to remove any content or information posted on the Site at any time.
Any content or information posted on the Site by a user must:
- Not be illegal, inflammatory, defamatory, obscene, or hateful
- Not promote violence
- Not be sexually explicit
- Not promote discrimination based on race, religion, gender, nationality, disability, age, or similar characteristics
- Not infringe or breach the rights of any third party
- Not threaten, abuse, harass, embarrass, alarm, or seek to annoy another person
- Not seek to incite another to engage in any of the prohibited behaviors
- Not seek to sell goods or services of a third party
- Not misrepresent the source of the information
- Be truthful, fair and appropriate given the nature and purpose of the Site to educate and support the attainment of health and healthy behaviors
- The use of this Site is solely at your own risk. All information contained on, or accessible through, the Site is provided on an "AS IS" basis. Embright does not warrant that it is accurate, complete, current or reliable. You use the Site at your own risk.
- Embright and its affiliates and suppliers DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, to the fullest extent permitted by law. Embright specifically DISCLAIMS ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR STATUTORY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
- In no event shall Embright and/or its respective suppliers be liable for and Embright disclaims liability any claim, loss or damage, including 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 tortuous action, arising out of or in connection with the use of this Site. In the event this disclaimer of damages is not enforceable, damages shall be limited to $1.00 USD.
The trademarks, logos, and service marks (collectively, "Trademarks") displayed on this site are registered and unregistered Trademarks of Embright and other Third-Party content providers in the U.S. and/or other countries. No Trademark displayed on this site may be used without written permission of the owner of such Trademarks. Misuse of these Trademarks, or any other content on this site, is strictly prohibited. You are also advised that Embright will enforce their intellectual property rights. Any rights not expressly granted herein are reserved.
You may not copy, reproduce, republish, post, retransmit, or distribute in any way any of the information contained in this site without prior written consent of Embright. Unless otherwise noted, everything that you see or read on this site is copyrighted.
Linking and framing
You may place a link to the Site on another website, in a fair and legal manner, so long as the link does not adversely affect the reputation of any health care professional or the Site. The link may not use Embright’s logo or other trademark and may not suggest any endorsement or approval of the other website by a health care professional. You may not frame the Site on any other website.
Enforcement of terms
We have the right to determine whether there has been a violation of these Terms. If we determine the Terms have been violated, we have the right to determine the action that will be taken. The action to be taken may include (but not be limited to):
- Immediate termination of your right to use the Site. The termination may be temporary or permanent.
- Immediate removal of any content posted by you to the Site.
- Issuance of a warning or other communication to you.
- Legal proceedings against you, including seeking of damages (including indemnity) recovering all costs and losses suffered as a result of your violation of the Terms.
- Other forms of legal proceedings against you.
- Referral to law enforcement agencies for further action.
- We will not be liable for any damages which you may suffer as a result of the foregoing actions.
DMCA take-down notice
Embright will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials posted or displayed on or accessible on or through the Site infringe your copyright, you may request removal of those materials (or access thereto) from the Site by submitting written notification to the Embright Intellectual Property Agent (designated below). In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (the “DMCA”), the written notice (the “DMCA Notice”) must include substantially the following:
- Your physical or electronic signature
- Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works, a representative list of such works
- Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material
- Adequate information by which we can contact you (such as your name, mailing address, telephone number, and, if available, an e-mail address)
- A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent or the law
- A statement that the information in the written notice is accurate
- A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner
Contact Embright's designated Intellectual Property Agent to receive DMCA Notices at:
1114 Post Avenue
Seattle, WA 98101
If you fail to comply with the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective.
If you knowingly materially misrepresent that content on the Site is infringing your copyright, you may be liable for damages (including costs and attorneys' fees) under Section 512(f) of the DMCA.
Jurisdiction and applicable law
The relationship between you and Embright will be governed by the laws of the State of Washington, without respect to its conflict of law provisions. The exclusive venue for any dispute between you and Embright will rest in the state or federal courts located in King County, Washington.
These Site Terms and Conditions of Use constitute the entire agreement between you and Embright relating to this Site. There is no agency, partnership or joint venture relationship between any user and Embright arising solely through the use of this Site. These Site Terms and Conditions of Use are binding upon your successors, assigns, heirs and executors. If any provision of these Site Terms and Conditions of Use is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Site Terms and Conditions of Use, which shall remain in full force and effect. The failure of Embright to exercise or enforce any right or provision of these Site Terms and Conditions of Use shall not constitute a waiver of such right or condition. Any claim or cause of action arising out of or related to the website or these Site Terms and Conditions of Use must be filed within one year after such claim or cause of action arose. The section titles of these Site Terms and Conditions of Use of Use are merely for convenience and will not have any effect on the substantive meaning of this agreement.