These Terms of Use govern your conduct associated with the Customer Ratings and Testimonials service (the “CRT Service”) offered by Passport Health, and subsidiaries, affiliates, and franchisees (collectively, Passport Health)
By submitting any content to Passport Health, you represent and warrant that:
• you are the sole author and owner of the intellectual property rights thereto;
• all rights that you may have in such content have been voluntarily waived by you;
• all content that you post is accurate;
• you are at least 18 years old; and that
• use of the content you supply does not violate these Terms of Use and will not cause injury to any person or entity.
You further agree and warrant that you shall not submit any content:
• that is known by you to be false, inaccurate or misleading;
• that infringes any third party’s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
• that violates any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition,anti-discrimination or false advertising);
• that is, or may reasonably be considered to be, defamatory, libelous, hateful, racially or religiously biased or offensive, unlawfully threatening or unlawfully harassing to any individual, partnership or corporation;
• for which you were compensated or granted any consideration by any third party;
• that includes any information that references other websites, addresses, email addresses, contact information or phone numbers; or
• that contains any computer viruses, worms or other potentially damaging computer programs or files.
All content that you submit may be used at Passport Health’s sole discretion. Passport Health reserves the right to delete any content that it deems, in its sole discretion, to violate the content guidelines or any other provision of these Terms of Use. Passport Health does not guarantee that you will have any recourse through Passport Health to edit or delete any content you have submitted. Passport Health reserves the right to remove or to refuse to post any submission for any reason. You acknowledge that you, not Passport Health, are responsible for the contents of your submission. None of the content that you submit shall be subject to any obligation of confidence on the part of Passport Health and its third party service providers or their respective directors, officers and employees.
Testimonial Release and Copyright License
For the good and valuable consideration of having the testimony considered for inclusion in a Passport Health commercial and/or inclusion on the Passport Health website and/or inclusion in Passport Health publicity or advertising materials, sufficiency of which is acknowledged, I, on behalf of myself, and my successors and assigns hereby grant a perpetual license, irrevocable and in perpetuity, to Passport Health to reproduce, copy, publish, broadcast, or otherwise use my name, statements, email or any material based upon or derived from them, in any media whatsoever throughout the world, including, without limitation, for any and all advertising, promotion and other purposes of trade.
I am not a professional actor. To my knowledge, my name, voice or likeness has not been included in any advertising material. I am now a bona fide user of Passport Health. The statements I have made concerning the Passport Health were made without any prior payment or promise of payment or any other benefit having been made to me and without any expectation by me of any payment or benefit in return for making such statements. The statements made by me reflect my true and honest opinion of and experience with Passport Health. I am over 18 years of age and have the right to enter this agreement. By checking the box and selecting the Submit button, I acknowledge my agreement with the content of this release.
Release and Waiver of Liability
I hereby agree to release, hold harmless and indemnify Passport Health (and is respective officers, directors, and employees) from and against any and all claims, including, without limitation, claims based upon invasion of privacy, copyright infringement, defamation, or right of publicity based on the usage (or refusal to use) my name and/or testimony (whether edited, distorted, used in partial or composite form, whether or not intentional) I also agree to release, hold harmless and indemnify Passport Health (and its officers, directors, agents, subsidiaries, joint ventures, employees, affiliates, shareholders, and third-party service providers) from and against any and all losses, damages, costs and expenses (including reasonable attorneys’ fees arising out of a breach of my representations and warranties set forth above), third party liabilities, demands, claims, lawsuits, allegations, fines, losses, damages (actual and consequential) of every kind and nature, known and unknown, causes of action (whether or not finally adjudicated, and including settlement thereof), penalties and forfeitures (including, but not limited to, those relating to or based upon property damage or personal injury, including death), or your violation of any law or the rights of a third party.
If you do not agree with the content of this agreement or do not want your testimonials published on the Passport Health website, or used in any other form of publicity or advertising materials related to Passport Health, do not check the box or select the submit button.