PLEASE READ THESE CONDITIONS OF USE (""CONDITIONS") CAREFULLY BEFORE ACCESS AND USE OF ALL TOOLS, CONTENTS AND INFORMATION AVAILABLE ON THE http://www.salut-ed.com/demo/ WEBSITE ("SITE").

The Conditions specified hereunder cover all information, tools and services available on the Site. Additional use and access conditions may also apply for specific tools and programs.

You agree to review these Conditions periodically to be aware of any modifications. By using the Site, you agree to be bound by these Conditions as they appear at the time of your access or use. The latest version of these Conditions will always be available at http://www.salut-ed.com/demo/terms.jsp.

NetUnion SÓrl ("NetUnion") may modify these Conditions at any time. These modifications will be effective immediately and a notice will be posted on your personal welcome page at your next login to the Site.

If you do not agree to these Conditions, or if you are dissatisfied with any portion of our website, your sole and exclusive remedy is the discontinuation of your use of this Site. The access and use of any content available on this Site signify your assent to these Conditions.

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DEFINITIONS

Organisation: Medical establishment or organisation authorized to provide support to people suffering from eating disorders, having entered into agreement with NetUnion for using the Site.
Coach: A healthcare professional assigned by the Organisation and responsible for guiding you through the Program.
Interim Coach: A temporary coach for maintaining your supervision when the assigned Coach is not available.
Participants: People using the Program under supervision of a coach assigned by the Organisation.
Staff: Users working for the Organisation, e.g. coaches, program director, or researchers.
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ACCESS AND USE

Access to the public portion of the Site is granted under all applicable terms and conditions specified within this document.

Access to the Site is granted exclusively to you through your personal account.

You agree not to assist anyone else in the access and use of your account in any manner, even if you decide to stop using your account or if your access rights have been terminated in accordance to the Conditions herein.

Access and use of the Program is provided under the guidance of a healthcare professional ("Coach") assigned by the Organisation. You agree to abide by the Usage Guidelines as well as other terms and conditions of the Organisation.

You also agree not to (a) post material that infringes on privacy rights or intellectual property rights of others; (b) post material that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libellous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable (in our sole discretion); (c) impersonate any person or entity; and (d) distribute software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of part or all of the services provided by the Site or any computer software or hardware or telecommunications equipment.

Minors should not use this Site without written permission from their parents or legal guardian. By accepting these Conditions, you are verifying that you are not a minor or that you received the proper authorisation from your parents or legal guardian.

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TECHNICAL REQUIREMENTS

This Site is known to work on Windows«, Mac OS« and Linux systems with recent versions of web browsers with Adobe Flash. Older versions of web browsers are not supported and should be used at your own risk. Popup, JavaScript and cookies must be enabled. For more information on the use of cookies, please refer to the Privacy Policy. For optimal performance, you should regularly update your web browser and operating system with the latest security patches.

NetUnion disclaims any responsibilities for any breach of security or confidentiality resulting from the use of not supported, obsolete or faulty software or system.

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PASSWORD AND PSEUDONYM

You are responsible for choosing a pseudonym and password for your account. These should be chosen carefully and should not be based on your real name, or other identifiable personal information.

You agree not to give your confidential account information (password and pseudonym) to anyone, and to use your pseudonym, not your real name, for all communications with your Coach or all information submitted to the Site.

You are entirely responsible for maintaining the confidentiality of your password and confidential account information (real name and pseudonym). It is your sole responsibility to (a) Monitor and control access and use of your password and account; (b) change your password from time to time or at anytime you suspect that its confidentiality could be compromised; and (c) always "log out" of the Site once you have finished using the service.

Under no circumstances should you give your password to your Coach, Organisation or NetUnion or any other third party, even at their request. If you lose your password, please follow the instructions on the Site to obtain a new password.

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ACCOUNT TERMINATION

You can decide to stop using the Program and request your Coach to deactivate your account at anytime. You agree that access to your account could be terminated by your Coach, by the Organisation or by NetUnion, immediately and without notice, due to any event, including but not limited to those listed hereunder:

  1. Your Coach or Organisation decides to deactivate your account for therapeutic or medical reasons,
  2. Any violation of these Conditions by you or the Organisation,
  3. The Service Agreement between NetUnion and the Organisation is terminated for any reason whatsoever.
In this event, you agree all rights granted for the access and use of the Site or Site's contents are automatically revoked and that NetUnion shall not be liable to you or any third party for damages due to the termination of your access rights.

Upon revocation of these rights, you agree to stop using any documents or contents obtained from the Site, except for files obtained for the permanent storage of your personal records.

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DATA PROTECTION AND RECORD KEEPING

NetUnion respects the confidentiality of all information you submit. Please see our Privacy Policy for additional information.

By gaining access to the Program through an Organisation, you agree to give access to your information to the Organisation. You also agree to allow the Coach or the Coach's Organisation to maintain copies of your Step Records for their permanent files. NetUnion is not responsible for the actions of the Coach or the Coach's Organisation with respect to your information.

NetUnion will not have clear access to any password or submitted information, or maintain a permanent record of user information after the account expires, as part of our normal operating procedures.

It is your responsibility to maintain a permanent record of your work. The information you submit along with the steps and exercises can be downloaded at the end of each step for permanent record keeping. NetUnion is not responsible for your actions or your Organisation's actions with respect to your information.

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COMMUNICATIONS

You agree to maintain periodic communications with your Coach in accordance to the user guide of the Coach's Organisation. All communications regarding the Site and the Program should be between you and your Coach. In case of technical questions, your Coach may forward the question to us, but in no way should you contact us directly for questions of any type. NetUnion will make its best effort to answer any technical questions as soon as possible.

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AVAILABILITY

NetUnion uses its reasonable endeavours to assure the availability of the Site 24 hours a day, 7 days a week. Nonetheless, access to the Site could be interrupted for maintenance, upgrades, emergency repairs, or any disruption caused by external events or inherent in the operation of the Internet (slow access, virus attacks), or 3rd party access providers (backbone access providers and other suppliers).

NetUnion cannot be held responsible for any such, temporary or definitive interruption or disruption and will not grant you any compensation or indemnification of any kind. NetUnion will use all reasonable efforts to schedule maintenance and upgrades so as to provide the least amount of interruption of service.

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MODIFICATIONS

NetUnion reserves the right to modify, at any time, its technical infrastructures and suppliers. Such modifications should provide at least the same level of services. NetUnion shall not be held responsible in case of problems caused by these modifications.

We reserve the right to correct any errors, inaccuracies, or omissions and to change or update information in the Site at any time without prior notice.

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COPYRIGHT

The contents and services available on the Site, i.e. text, graphics, programs (including applet), underlying source codes, or interfaces, and all other material belong to NetUnion or third party partners. All rights reserved. The content of the Program is copyrighted by the University Hospitals of Geneva (HUG) or its staff and is made available for use on an "as is" basis.

You have permission to download information from this Site for your personal, non-commercial use, provided that you agree to keep intact all copyright and other proprietary notices. You may not modify, publish, transmit, distribute, perform, participate in the transfer or sale, create derivative works of, or in any way exploit, any of the content of the Site, , in whole or in part. When content is downloaded to your computer, you do not obtain any ownership interest in such content. Modification of the content or use of the content for any other purpose, including, but not limited to, use of any content in printed form or on any other website or networked computer environment is strictly prohibited unless you receive our prior written consent.

Additional content or copyrighted third party material might be included on the Site from time to time. The use of these materials could contain additional terms and conditions that may be included as part of this document or as a separate terms and conditions. Please ensure you understand all relevant terms and conditions before using such materials or software.

All rights not expressly granted herein are reserved to NetUnion. Any use of the content not expressly permitted by these Conditions will constitute a breach of these Conditions and may violate copyright, trademark, and other laws.

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DISCLAIMERS

1. Warranties

NEITHER, NETUNION, ANY OF OUR LICENSORS, PARTNERS, SERVICE PROVIDERS, NOR THIRD PARTY CONTENT PROVIDERS, WARRANT OR MAKE ANY REPRESENTATIONS, EITHER EXPRESSED OR IMPLIED, REGARDING ACCURACY, COMPLETENESS, OR TIMELINESS OF THE PROGRAM, SERVICES, CONTENTS, TEXT, OR LINKS ON OR THROUGH THE USE OF THE SITE.

NETUNION DOES NOT WARRANT THAT THE SITE OR ANY FUNCTION CONTAINED IN THIS WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICE OR THE SERVERS THAT MAKE IT AVAILABLE ARE FREE OF VIRUSES OR OTHER COMPUTER PROGRAMMING DEVICES WHICH ARE INTENDED TO DAMAGE A USER'S SYSTEM OR DATA OR PREVENT THE USER FROM USING SAME. ANY SERVICE, TOOLS, OR INFORMATION CONTENT ON THIS SITE IS PROVIDED "AS IS", WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

NEITHER NETUNION, ANY OF OUR AFFILIATES, NOR ANY OF OUR OR THEIR RESPECTIVE LICENSORS, LICENSEES, SERVICE PROVIDERS OR SUPPLIERS WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE CONTENT AND MATERIALS IN THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.

ANY CONTENT AND MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THIS SITE IS DONE AT YOUR SOLE RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH CONTENT OR MATERIAL.

NETUNION EXPRESSLY DISCLAIMS ALL OTHER REPRESENTATIONS OR WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY (BY ANY TERRITORY OR JURISDICTION) TO THE EXTENT PERMITTED BY LAW, AND FURTHER NETUNION EXPRESSLY EXCLUDES ANY WARRANTY OF NON-INFRINGEMENT (EXCEPT AS SPECIFICALLY PROVIDED), TITLE, FITNESS FOR A PARTICULAR PURPOSE, COMPATIBILITY, SECURITY, OR MERCHANTABILITY TO THE EXTENT PERMITTED BY LAW.

NO ADVICE OR INFORMATION, OBTAINED BY YOU FROM OUR PERSONNEL OR THROUGH THIS WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY PROVIDED FOR IN THESE CONDITIONS.

2. Health Disclaimer

NetUnion is not a medical organisation and our staff cannot give you medical advice or diagnosis. Nothing contained in this Site should be construed as such advice or diagnosis.

The information provided on the Site should in no way be considered as a replacement for medical diagnosis, advice or treatment from a health care professional.

We recommend that you always seek the advice of your physician or other health care provider regarding any medical symptom or mental health problem.

Only a doctor or a health care professional can perform the diagnosis and treatment of psychiatric disorders and other medical problems.

Any tools, information or programs from the Site should be used under the guidance of a health care professional and not as a substitute for it. You should not for any reason ignore a medical advice or delay seeking medical advice based on information from the Site.

The contents on this Site are not designed for persons exhibiting severe or chronic symptoms or as a response to immediate, critical situations such as thoughts of suicide, or who might be at risk of harming themselves or others. If you are thinking about suicide, or you feel that you may try to harm yourself or others, seek help immediately from the emergency service of the nearest hospital. If you are currently receiving treatment please follow the emergency procedures used by your doctor or therapist.

3. Privacy And Security

NetUnion maintains its best effort to protect privacy and confidentiality of your information and to prevent breach of this confidentiality. But if for reasons independent of our goodwill, such breach would happen, you agree to waive all claims against NetUnion.

Please be aware that the Internet is generally not regarded as a secure environment, and that unauthorised third parties could access data sent via the Internet potentially leading to disclosures, changes in content or technical failures. Data sent via the Internet may be transmitted across international borders even though both sender and receiver are located in the same country. Therefore, your data may transit through a country with a lower data protection level than exists in your country of residence.

NetUnion does not warrant secure operation of the Site or that we will be able to prevent third party disruptions of the Site and disclaims any liability for such actions.

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LIMIT OF LIABILITY

IN NO EVENT SHALL NETUNION BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR ANY OTHER DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, DAMAGES FOR PERSONAL INJURIES, EMOTIONAL DISTRESS, AND OTHER NON-MONETARY LOSS OR OTHER INTANGIBLE LOSSES (EVEN IF NETUNION HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF, OR RESULTING FROM, (A) THE USE OR THE INABILITY TO USE THE SITE; (B) THE USE OF ANY CONTENT OR OTHER MATERIAL ON THE SITE OR ANY SITE LINKED TO THE SITE; (C) ANY DECISIONS OR ACTIONS TAKEN BASED ON INFORMATION FROM THE SITE; (D) UNAUTHORISED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; AND (E) ANY DOWNLOAD OF CONTENT OR MATERIAL THROUGH THE USE OF THE SITE.

IN NO EVENT SHALL NETUNION'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE) EXCEED THE AMOUNT YOU PAID, IF ANY, FOR ACCESSING THE SITE.

NETUNION IS NOT RESPONSIBLE FOR ACTIONS OR DAMAGE ARISING FROM THE USE OF INFORMATION RELEASED TO THIRD PARTY WITH YOUR PERMISSION.

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INDEMNITY

You agree to indemnify, hold harmless and, at our option, defend NetUnion and our affiliates, and our and their officers, directors, employees, stockholders, agents and representatives from any and all third party claims, liability, damages and/or costs (including, but not limited to, reasonable attorneys fees and expenses) arising from your improper use of this Site, your violation of these Conditions, or your infringement, or the infringement or use by any other user of your account, of any intellectual property or other right of any person or entity.

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LINKS

These Conditions apply only to this Site, and not to the websites of any other person or entity. We may provide, or third parties may provide, links to other worldwide websites or resources. You acknowledge and agree that we are not responsible for the availability of such external sites or resources, and do not endorse (and are not responsible or liable for) any content, advertising, products, or other materials on or available from such websites or resources.

You further acknowledge and agree that, under no circumstances, will we be held responsible or liable, directly or indirectly, for any loss or damage that is caused or alleged to have been caused to you in connection with your use of, or reliance on, any content, advertisements, products or other resources available on any other website (regardless of whether we directly or indirectly link to such content, advertisements, products or other resources). You should direct any concerns with respect to any other website to that website's administrator or webmaster.

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FORCE MAJEURE

NetUnion cannot be held responsible in case of force majeure. The expression force majeure shall mean any unforeseeable and insuperable event independent of our goodwill and preventing us to fulfil our obligations. Strikes are also considered as force majeure. NetUnion retains the right to suspend all its obligations for the whole duration of force majeure.

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SEVERABILITY

If any provision of these Conditions shall be held by a court of competent jurisdiction to be invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions of these Conditions shall in no way be affected or impaired thereby.

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GOVERNING LAW AND CHOICE OF FORUM

These Conditions shall be construed according to and governed by the Swiss law. Any action relating to these Conditions shall be entered-into and performed in Lausanne, Switzerland.

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WAIVER

The failure of NetUnion to insist upon strict adherence to any term of these Conditions on any occasion shall not be considered a waiver, nor shall it deprive that party of the right to insist later on adherence thereto. Any waiver must be in writing and signed by an authorised representative of the waiving party.

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ASSIGNMENT

NetUnion retains the right to assign these Conditions, in whole or in part, to a successor organisation, at its own discretion and without prior approval.

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COMPLETE AGREEMENT

These Conditions, together with our Privacy Policy, are the entire agreement between you and us relating to the subject matter herein.

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Last modification: 2009-06-15 14:38:49.829386