NO WARRANTY

This website is provided “as is” without any representations or warranties, express or implied. Tenex Health makes no representations or warranties in relation to this website or the information and materials provided on this website. Without prejudice to the generality of the foregoing paragraph, Tenex Health does not warrant that this website will be constantly available, and Tenex Health is not responsible, and provides no warranty whatsoever, for the accuracy, effectiveness, timeliness, and suitability of any information or content obtained from third parties, including any hyperlinks to or from third-party sites. Except as otherwise provided on this website, Tenex Health will not edit, censor, or otherwise control any content provided by third parties on any bulletin board, chat room, or other similar forums posted on its website. Such information should, therefore, be considered as suspect and is not endorsed by Tenex Health.

YOUR FEEDBACK

Except as expressly stated and agreed upon in advance by Tenex Health, no confidential relationship shall be established in the event that any user of this Internet site should make any oral, written or electronic communication to Tenex Health (such as feedback, questions, comments, suggestions, ideas, etc.). If any Tenex Health website requires or requests that such information be provided, and that such information contains personal identifying information (e.g., name, address, phone number), Tenex Health shall obtain, use and maintain it in a manner consistent with our privacy policy. Otherwise, such communication, such as any ideas, information, concepts, know-how or techniques, materials or any information submitted therewith shall be considered non-personal, non-confidential, and non-proprietary, and you hereby grant Tenex Health an unrestricted, royalty-free, irrevocable license to use, reproduce, display, perform, modify, transmit and distribute them in any medium, and agree that Tenex Health is free to use it for any purpose. reproduce, publish or otherwise use such information for any purposes whatsoever including, without limitation, the research, development, manufacture, use or sale of products incorporating such information. The sender of any information to Tenex Health is fully responsible for its content, including its truthfulness and accuracy and its non-infringement of any other person’s proprietary or privacy rights. Sender of information acknowledges that submitted user content is not illegal or unlawful, and is not or has never been subject of threatened or actual legal proceedings or similar complaint. Tenex Health reserves the right to edit or remove any material submitted to this website, or stored on Tenex Health’s servers, or hosted or published upon this website. Notwithstanding Tenex Health’s rights under these terms and conditions in relation to user content, Tenex Health does not undertake to monitor the submission of such content to, or the publication of such content on, this website. In these terms and conditions, “your user content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to this website, for whatever purpose.

INTELLECTUAL PROPERTY

The trademarks, service marks, trade names, trade dress, and products in this Internet site are protected in the United States and internationally. No use of any of these may be made without the prior, written authorization of the owners of this site, except to identify the products or services of the company. You may view, download for caching purposes only, and print pages from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions.

You must not:

• republish material from this website (including republication on another website);
• sell, rent or sub-license material from the website;
• show any material from the website in public;
• reproduce, duplicate, copy or otherwise exploit material on this website for a commercial purpose;
• edit or otherwise modify any material on the website; or
• redistribute material from this website [except for content specifically and expressly made available for redistribution.

PRIVACY AND SECURITY

Tenex Health is committed to safeguarding your privacy online. We understand the importance of privacy to our customers and visitors to our website. Our use of personally identifiable information is governed by our privacy policy and by accessing and using our website, you agree to be bound by that policy.

You recognize and agree that when submitting your personally identifiable information to TenexHealth.com, while Tenex Health has safeguards in place to prevent unauthorized access or interception, there is no absolute guarantee of security. In the unlikely event of an interception or unauthorized access despite our efforts, Tenex Health shall not be responsible for such interceptions or unauthorized access, or any direct, indirect, special, incidental, or consequential damages (including lost profits) suffered by a customer or user, even if Tenex Health has previously been advised of the possibility of such damages. Tenex Health does not warrant, either expressly or impliedly, that the information provided by any customer shall be free from interception or unauthorized access, and does not provide any implied warranties of merchantability and fitness for a particular purpose. Each customer is responsible for maintaining the confidentiality of his or her own password.

LIMITATION OF LIABILITY

Tenex Health does not assume any liability for the materials, information and opinions provided on, posted to, or otherwise available through, this website. Reliance on these materials, information and opinions is solely at your own risk. Tenex Health disclaims any liability for injury or damages resulting from the use of this website, or the content contained thereon.

This Tenex website, the site content, and the products and services provided on or available through this website are provided on an “as is” and “as available” basis, with all faults. In no event shall Tenex Health, or its subsidiaries, affiliates, vendors, or their respective directors, employees or agents (hereinafter “Tenex Health parties”) be liable for any damages of any kind, under any legal theory, arising out of or in connection with your use of, or inability to use, this website, the site content, any services provided on or through this website or any linked site, including any special, indirect, punitive, incidental, exemplary or consequential damages, including, but not limited to, personal injury, lost profits or damages resulting from delay, interruption in service, viruses, deletion of files or electronic communications, or errors, omissions or other inaccuracies in this website or the site content, whether or not there is negligence by Tenex Health and whether or not Tenex Health has been advised of the possibility of any such damages. Some states do not allow the limitation of liability, so this provision may not apply to you.

PLEASE BE AWARE THAT ADDITIONAL LEGAL NOTICES, DISCLAIMERS, AND OTHER TERMS AND CONDITIONS MAY APPLY TO THIS AND OTHER WEBSITES OWNED OR OPERATED BY TENEX HEALTH.

GENERAL

You agree that these terms and conditions describe the entire agreement between us with respect to its subject matter. TenexHealth.com was created and is operated under the laws of the state of Delaware. The laws of the state of Delaware will control the terms and conditions provided in these terms and conditions, without giving effect to any principles of conflict of laws. If a court of competent jurisdiction finds that any provision of these terms and conditions is invalid or unenforceable, you agree that the other provisions of these terms and conditions will remain in full force and effect. You agree that regardless of any applicable law to the contrary, you cannot file a claim or cause of action arising out of or related to TenexHealth.com or these terms and conditions more than one (1) year after such claim or cause of action arose.

INDEMNITY

You hereby indemnify Tenex Health and undertake to keep Tenex Health indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by Tenex Health to a third party in settlement of a claim or dispute on the advice of Tenex Health’s legal advisers) incurred or suffered by Tenex Health arising out of any breach by you of any provision of these terms and conditions[, or arising out of any claim that you have breached any provision of these terms and conditions].

BREACHES OF THESE TERMS AND CONDITIONS

Without prejudice to Tenex Health other rights under these terms and conditions, if you breach these terms and conditions in any way, Tenex Health may take such action as Tenex Health deems appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.

SEVERABILITY

If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

Your obligations under this Agreement and the sections called “Your Feedback”, “No Warranty” and “Limitation of Liability” will survive termination of these Terms of Use.

ASSIGNMENT

Tenex Health may transfer, sub-contract or otherwise deal with Tenex Health’s rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.

You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.

ENTIRE AGREEMENT

These terms and conditions constitute the entire agreement between you and Tenex Health in relation to your use of this website, and supersede all previous agreements in respect of your use of this website.

QUESTIONS, COMMENTS, AND NOTICES

Tenex Health may deliver notice to you by electronic mail, a general notice on this website, or by written communication delivered by First Class U.S. Mail to your address on record with Tenex Health. You may deliver notice to Tenex Health by sending a letter to the following address:

Tenex Health Inc., 26902 Vista Terrace, Lake Forest, CA 92630