HEALTHCENTRAL CORPORATION TERMS OF USE
Last Updated: May 30, 2023.
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE SITE. THEY DESCRIBE YOUR RIGHTS AND RESPONSIBILITIES AND FORM A LEGALLY BINDING AGREEMENT BETWEEN YOU AND US REGARDING YOUR USE OF OUR SITE. IF, FOR ANY REASON, YOU ARE UNABLE OR UNWILLING TO AGREE TO ALL OUR TERMS OF USE, YOU MAY NOT USE OUR SITE. YOUR CONTINUED USE OF OUR SITE MEANS YOU AGREE TO ALL THE TERMS AND CONDITIONS THAT ARE DESCRIBED OR REFERRED TO BELOW.
1. OVERVIEW.
Unless otherwise expressly stated, these terms and conditions (“Terms of Use”) represent a legally binding agreement between you and HealthCentral, LLC (“HealthCentral”, “we”, “us”, or “our”) regarding your use of our healthcare, wellness and fitness-related websites, including but not limited to www.healthcentralcorp.com, www.healthcentral.com, www.thebody.com, www.thebodypro.com, www.obroncology.com, www.patientpower.info, www.practicalpainmanagement.com, www.endocrineweb.com, www.psycom.net and www.spineuniverse.com, and other affiliated websites, subdomains, mobile versions, applications, and online media under our operation and control (“collectively, the “Site”). “Your legal agreement with us also includes our Privacy Policy and any other applicable terms and conditions that we disclose or notify you of when you use or attempt to use our Site (“Additional Terms”).
Our Site includes all web pages within the Site and also includes backup, mirror, replacement or substitute sites or pages we make available as part of the services we provide. We will refer to each and every feature, function, service, activity, promotion and all other content on our Site, individually and/or collectively as “Content” and when we use the term “Site” it also includes Content unless we specifically say otherwise. Any terms used but not defined herein are defined in our Privacy Policy.
We may refer to you or any individual that uses our Site as “you” or “your” or a “user.” If we use the term “HealthCentral Entities,” in addition to us, that term means and includes our sponsors, affiliates, suppliers, promotional partners, operational service providers, agents and representatives.
When you see the word “use” or “using” we mean any time you, directly or indirectly, attempt to or actually do access, interact, display, view, browse, print, copy, transmit, receive or exchange data, messages, content or you otherwise communicate with us or anyone else, including another user, advertiser or any person, firm or business you may encounter on or through our Site. We will also consider you to be using our Site if you utilize, benefit, take advantage of or interact with any Content in, on or available through our Site, for any purpose, or if you try to do any of these things.
If you use our Site you agree and acknowledge that (i) you have read and understand the legal agreement you have with us, including these Terms of Use, our Privacy Policy and any Additional Terms; (ii) that unless you immediately stop using or trying to use our Site, you will be signifying your agreement to be legally bound by and comply with all of the terms and conditions that apply to you under these Terms of Use; and (iii) you are at least 18 years old or the age of Majority in your jurisdiction, if different. If you are under the age of Majority in your jurisdiction, you may only use the Site with the consent of a parent or legal guardian. As set forth in our Privacy Policy, our Site is not intended for children under the age of 13 and we do not knowingly solicit or collect Personal Information (as that term is defined in the Privacy Policy) from children under the age of 13.
2. HEALTH INFORMATION DISCLAIMER.
The Content on our Site is presented in a summary fashion and is intended to be used for informational purposes only. The Content is not intended to be and should not be interpreted as a recommendation for a specific treatment plan, product, course of action or medical or healthcare provider. Your use of our Site does not create a doctor / patient relationship. HEALTHCENTRAL IS NOT A HEALTH CARE PROVIDER. OUR SITE DOES NOT OFFER MEDICAL ADVICE AND NOTHING CONTAINED IN THE CONTENT IS INTENDED TO CONSTITUTE PROFESSIONAL ADVICE FOR MEDICAL DIAGNOSIS OR TREATMENT. You should not use our Site to diagnose a health or fitness problem or disease. Use of our Site does not replace medical consultations with a qualified health or medical professional to meet the health and medical needs of you or any other party. We disclaim all responsibility for the professional qualifications and licensing of, and services provided by, any physician or other health provider referred to on our Site and/or any third-party website. Never disregard the medical advice of a physician or health professional, or delay in seeking such advice, because of something you read on our Site. Although we strive to ensure that the information we provide on our Site is correct, we cannot guarantee that it is always accurate and up-to-date. We offer our Site AS IS and without any warranties.
3. CHANGES TO OUR SITE AND TERMS OF USE.
We reserve the right, at any time and from time to time, for any reason in our sole discretion, to add to, delete and/or modify any or all the terms of the Terms of Use that apply to you, as well as our Site and/or any Content. We display the effective date of these Terms of Use at the top of this page. If you use the affected Site after the changes become effective, it means you are agreeing to be bound by the changes. You should check on a regular and frequent basis and review the terms and conditions that apply to you so you are aware of the current rights and obligations that apply to you.
4. SERVICE TESTING.
From time to time, we test various aspects of the Site, including the platform, the app, user interfaces, service levels, plans, promotions and features, and we reserve the right to include you in or exclude you from these tests without notice.
5. PRIVACY.
Our Privacy Policy is available on our Site, and by accessing our Site, you are agreeing to be bound by the Privacy Policy. The Privacy Policy and any Additional Terms, along with the Terms of Use, form a part of our agreement with you. Please read our Privacy Policy carefully for information relating to our collection, use, and disclosure of your Personal Information.
6. ACCOUNT INFORMATION.
If you register with us, or otherwise provide your information, you must complete the registration process by providing us with complete and accurate account information. You grant to us and to all other persons and entities involved in the operation of the Site the right to use, store, monitor, retrieve and transmit your account information in connection with the operation of the Site and as otherwise provided herein. As stated above, our information collection and use policies with respect to the privacy of your account information are set forth in our Privacy Policy. You acknowledge, consent, and agree that we may access, preserve and disclose your account information and your Content if required to do so by law or in a good-faith belief that such access preservation or disclosure is reasonably necessary to (a) comply with legal process; (b) enforce these Terms of Use; (c) respond to any claim that Content violates the rights of third parties; (d) provide certain customized features of the Site to you, if any; (e) respond if you us for any reason; or (f) protect the rights, property, or personal safety of HealthCentral, our other users, and the public. Accounts terminated by us for any type of abuse including, without limitation, a violation of these Terms of Use, may not be reactivated. We reserve the right to immediately terminate your account at our sole discretion, and without prior notice to you if, for example, you violate the Terms of Use. Without limiting the foregoing, if you are a repeat copyright infringer, we will, in appropriate circumstances, permanently terminate your account and remove all of your Content from our Site.
7. OWNERSHIP OF CONTENT AND LICENSE TO YOUR CONTENT.
Our Site and, except as described below, all Content, is either the property of HealthCentral or the property of our licensors, third-party authors, developers, operational service providers, advertisers, vendors, or users (collectively, “Third-Party Providers”) and legally protected, without limitation, under U.S. federal and state laws and regulations, as well as applicable foreign laws, regulations and treaties. To avoid any doubt, when we use “Content” it includes, but is not limited to, such things as software, code, design, text, images, photographs, illustrations, animations, audio, video and audio-visual material, art, graphic material, proprietary information, data, databases, service marks, trademarks, trade names, distinctive identification such as logos, the selection, sequence, “look and feel” and arrangement of items and all copyrightable or otherwise legally protectable elements of our Site. All product names, company names, marks, logos, and symbols may be the trademarks of their respective owners.
You keep ownership to any and all Content that is yours and if you submit or provide Content to our Site, these Terms of Use do not deprive you or any holder of your or their rights. However, when you do submit or provide Content to us or our Site, such as a Posting (as defined below), you are giving us an unconditional, irrevocable, transferable, royalty free worldwide license to use, display, reproduce, perform, adapt, translate, modify, create derivative works, publish, distribute, disseminate and/or broadcast that Content (“license”) and you are representing and warranting to us you have all necessary rights, consents, and/or permissions to give us such license. If you do not have the right to license Content to us (or if you are not certain), do not submit or provide Content to us. We make no representations that your Content will remain available via the Site in any way. We may remove your Content at our sole discretion. YOU UNDERSTAND THAT ANY CONTENT THAT YOU POST FOR VIEWING ON THE SITE IS MADE PUBLICLY AVAILABLE TO USERS OF THE SITE, AND WE DO NOT GUARANTEE ANY CONFIDENTIALITY WITH RESPECT TO ANY SUCH CONTENT, NOR DOES IT GUARANTEE THAT YOUR INTELLECTUAL OR PROPRIETARY RIGHTS IN SUCH CONTENT WILL NOT BE INFRINGED OR MISAPPROPRIATED.
You may only use our Content and Content of Third-Party Providers for your own personal use and you have no right to transfer, assign or use the Content for any other purpose or allow or enable any other person or entity to do so. Personal use excludes all commercial or charitable functions, whether or not money or other consideration is involved, whether or not it is for your benefit or for someone else. You may not use, display, reproduce, perform, adapt, translate, modify, create derivative works, publish, distribute, disseminate and/or broadcast Content that is not yours without our express prior written consent. You may not alter, delete or conceal copyright or other notices, even if we let you download, display, print or share the Content with others. Unauthorized or prohibited use of Content may subject you to civil liability, criminal prosecution, or both under federal, state and local laws. Notwithstanding the foregoing, please also see Section 8 in our Privacy Policy entitled “Your Rights” for a description of how you may protect your Personal Information.
8. POSTING.
As stated above, our Site may allow you to register, create a profile or account and enable you to submit, provide, furnish, transmit, exchange, communicate and/or display Content (referred to as “Posting” or “Postings”). By Posting, you represent that you own or have the right to engage in the Posting and you specifically agree your Posting shall not violate any law or regulation, our Terms of Use or the rights of others. In addition, by registering or creating a profile or account, you may be automatically subscribed to receive certain email notifications and Content from us (“Automatic Communications”), or we may give you the option to select and receive certain email notifications and Content from us (“Voluntary Communications”). You will always have the option to unsubscribe from Voluntary Communications and promotional Automatic Communications. For details, see Section 8.2 in our Privacy Policy entitled “Opting-Out of Promotional Emails.” You are solely responsible and liable for any Postings made under your user ID, name, e-mail address, password and/or your registration, subscription and/or profile information. Postings do not reflect our views and we do not represent or warrant the truthfulness, accuracy, or reliability of any Posting, nor do we endorse or support any opinions or ideas expressed in any Posting. Unless and until you notify us that you know or suspect the security of your user identification, login and password has been compromised, you are solely responsible and liable for any Postings made by any person or entity using your registration, profile, user account or login identification or password and you will defend and indemnify us (see the section entitled “INDEMNIFICATION” below) for any liability resulting from or relating to such Postings. If you determine or suspect someone is using or has used your user identification or login and password, please notify us immediately at: privacy@healthcentral.com.
9. USAGE RULES.
We reserve the right to deny you access to any and all parts of our Site for any reason and at our sole discretion. We do not assume any responsibility to monitor the Postings on our Site for accuracy or unacceptable use, nor will any Posting be authenticated or endorsed by us. We encourage you to report offensive or illegal content by contacting us at compliance@healthcentral.com and we reserve the right to block transmission of, and or remove any Posting that you make for any reason, and without prior notice to you. Without limiting the generality of the foregoing, you expressly acknowledge and agree any Postings that you make to our Site is not confidential and that the following rules shall apply to your use of our Site.
You may never use, allow or enable others to use our Site or knowingly condone use of our Site to do or attempt to:
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violate any laws, regulations, judicial or governmental order, treaties or our rights or the rights of any other person, firm or enterprise;
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engage in conduct which is libelous, defamatory, indecent, vulgar, obscene, pornographic, sexually explicit or sexually suggestive, racially, culturally or ethnically offensive, harmful, bullying, harassing, intimidating, threatening, hateful, objectionable, discriminatory or abusive;
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impersonate any other person, firm or enterprise or any of our or their employees and agents or otherwise use any fake, false, or fictitious names or profiles, or;
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use our Site for Posting or otherwise using malicious or unauthorized code, (e.g., viruses, time bombs, cancel bots, worms, Trojan horses, spyware) or other potentially harmful material or information or in any way interrupt, damage, interfere with, destroy or limit the functionality of any computer software or hardware or communication equipment, including our Site;
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gain unauthorized use of our Site, other users’ accounts, names, login or password information, Personal Information or use our Site in any manner which violates or is inconsistent with the provisions or spirit of our Terms of Use;
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modify, disrupt, impair, alter or interfere with the use, features, functions, operation or maintenance of our Site or the rights or use and enjoyment of our Site by any other person, firm or enterprise;
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collect, obtain, compile, scrape, frame, gather, transmit, reproduce, delete, revise, view or display the Site, the Content, or any material or information, whether personally identifiable or not, submitted, provided or made available by or concerning any other person, firm or enterprise;
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engage in any activity or fail to report any activity involving SPAM, junk e-mail, chain letters, duplicative or unsolicited messages, or so-called “spamming” and “phishing” or other similar schemes; or
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use our Site or any Content for commercial or business purposes, including advertising, marketing, selling or offering goods or services, whether or not for financial benefit or any other form of compensation or consideration or through linking with any other website or web pages; or
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use any robot, spider or other automated means to access, scrape, harvest, or mine our Site, the Content, or the services for any reason without our prior written consent.
10. REVIEW OF POSTINGS.
We reserve the right to remove, reject, or delete any Postings made to the Site, but we assume no responsibility for doing so or monitoring Postings. We do not and cannot review all Postings made to the Site and are not responsible for such Postings, regardless of whether at any time we choose in our sole discretion, to monitor or remove Postings on our Site.
11. TRADEMARKS.
Unless otherwise disclosed, all of the trademarks, service marks, and logos displayed on our Site (the “Trademarks”) are registered and unregistered trademarks of HealthCentral, its affiliates, or Third-Party Providers. Nothing on our Site should be construed as granting, by implication, estoppel, or otherwise, any license or right in or to the Trademarks without our express written permission or the express written permission of the applicable third party. Except as expressly provided in these Terms of Use, any use of the Trademarks is expressly prohibited.
12. PROCEDURES FOR CLAIMED COPYRIGHT INFRINGEMENT.
INFRINGEMENT CLAIMS. We respect the intellectual property rights of others, and ask that you do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, in accordance with the Digital Millennium Copyright Act, please provide the following information to our agent: (i) an electronic or physical signature of the person authorized to act on behalf of the copyright owner; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of where the material you claim is infringing is located on the Site; (iv) your address, telephone number, and email address; (v) a statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (vi) a statement made by you, under the penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or duly authorized to act on the copyright owners behalf. Our agent may be contacted as follows:
HealthCentral, LLC, Attn: Office of Compliance, 2111 Wilson Blvd, Suite 330, Arlington, VA 22201, compliance@healthcentral.com
Failure to include all of the above information, especially specific information about where infringing content may be found, will result in a delay in the processing of your DMCA notification and may result in your having to repeat some or all of the above process.
NOTICE AND TAKEDOWN. If we receive proper notification of claimed copyright infringement, we will respond expeditiously by removing, or disabling access to, the material that is claimed to be infringing, as described below, or to be the subject of infringing activity. We will also comply with the appropriate provisions of the DMCA in the event a counter-notification is received, as described below. We may, at our discretion, deny access to the Site by, or disable and/or terminate the accounts of, users who may be infringers.
COPYRIGHT COUNTER-NOTICES. If content you posted on the Site was removed for copyright or intellectual property infringement, and you would like to dispute that removal, you may, pursuant to Section 512(g) of the DMCA, file a counter-notification by providing our agent, at the email address set forth above, with a written communication that sets forth the items specified below. Please note that under Section 512(f) of the DMCA, any person who knowingly materially misrepresents that material or activity was removed or disabled by mistake or misidentification may be subject to liability. Please also be advised that we enforce a policy that provides for the termination, in appropriate circumstances, of the accounts of (or access privileges by) users who are infringers. Accordingly, if you are not sure whether certain material infringes your copyright or the copyrights of others, we suggest that you first contact an attorney. To expedite our ability to process your counter- notification, please do the following: (i) identify the specific URLs of (or other information sufficient to allow us to identify) material HealthCentral has removed or to which HealthCentral has disabled access; (ii) provide your full name, address, telephone number, email address and, if you have an account, the username of your account; (iii) provide a statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located, or if your address is outside of the U.S., for any judicial district in which HealthCentral may be found, and that you will accept service of process from the person who provided notification to our agent in accordance with the process outlined above or an agent of such person; (iv) include the following statement: “I swear, under penalty of perjury, that I have a good-faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled;” and (v) sign the notice. If you are providing notice by email, a scanned physical signature or a valid electronic signature will be accepted. Send the communication to the following address:
HealthCentral, LLC, Attn: Office of Compliance, 2111 Wilson Blvd, Suite 330, Arlington, VA 22201, compliance@healthcentral.com
After we receive your counter-notification, we will forward it to the party who submitted the original claim of copyright infringement. Please note that when we forward the counter-notification, it includes any of your Personal Information set forth in the counter-notification. By submitting a counter-notification, you consent to having such Personal Information revealed in this way. We will not forward the counter-notification to any party other than the original claimant. After we send out the counter-notification, the claimant must then notify us within ten (10) days that he or she has filed an action seeking a court order to restrain you from engaging in infringing activity relating to the material on the Site. If we receive such notification, we will be unable to restore the items. If we do not receive such notification, we may, but are not obligated to, reinstate the disputed item(s).
FOREIGN COUNTER-NOTIFICATION. If you reside outside of the United States, please understand that filing a counter-notice may lead to legal proceedings between you and the complaining party to determine ownership. Be aware that there may be adverse legal consequences in your country and/or the United States of America if you make a false or bad faith allegation by using this process. Please also be advised that we enforce a policy that provides for the termination in appropriate circumstances of access privileges for users who are infringers. So, if you are not sure whether content you posted on the Site is being infringed, or are otherwise unsure of whether to file a counter-notification using these procedures, we strongly recommend you first contact a lawyer knowledgeable in the laws of the United States and the State of New York. If you do wish to file a counter-notice, you should follow the process for counter-notifications set forth above.
DISCLAIMER. We are not your attorneys, and the information we present here is not legal advice. We present this information for informational purposes only.
13. SOCIAL MEDIA COMPONENT.
In certain sections of the Site, you may also be able to post your comments on Facebook or other social media services. For example, your friends and others who have access to view information about you on social media will be able to see (on Facebook and via our Site) that you posted a comment. You’ll also be able to see similar information about your Facebook friends who are connected to our Site. In addition, our Site may personalize and otherwise enhance your experience based on these social media pages, such as your basic information, likes and interests. Please pay careful attention to your social media settings in your account as well as your privacy settings which will impact this feature and may give you some control over the information that is shared and who it is shared with.
While we hope that you find these features to be a great way to share information, including discovering new content, Facebook also offers ways to manage the information you share with HealthCentral. See the respective social media websites for details.
By interacting with our social media accounts, you acknowledge and agree that you are consenting to the continuous release of information about you to others, including to your social media accounts (in accordance with your privacy settings and your account settings on our Site). If you do not want information about you to be shared in this manner, do not use the social media features.
14. DEALINGS WITH ADVERTISERS AND OTHER USERS.
Your correspondence or business dealings with, or participation in promotions of, advertisers and other users found on or through the Site are solely between you and such advertiser or user. YOU AGREE THAT WE WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS THE RESULT OF ANY SUCH DEALINGS OR AS THE RESULT OF THE PRESENCE OF SUCH ADVERTISERS OR USERS VIA THE SITE.
15. FEEDBACK.
You agree that with respect to any Posting, feedback, event, analysis, suggestions and comments to HealthCentral provided by you (collectively, “Feedback”), IN CONSIDERATION OF HEALTHCENTRAL PROVIDING ACCESS TO THE SITE FREE OF CHARGE, YOU HEREBY GRANT TO HEALTHCENTRAL THE EXCLUSIVE PERPETUAL, IRREVOCABLE AND WORLDWIDE RIGHT TO USE, COPY, DISPLAY, PERFORM, TRANSLATE, MODIFY, LICENSE, SUBLICENSE AND OTHERWISE EXPLOIT ALL OR PART OF THE FEEDBACK OR ANY DERIVATIVE THEREOF IN ANY EMBODIMENT, MANNER OR MEDIA NOW KNOWN OR HEREAFTER DEVISED WITHOUT ANY REMUNERATION, COMPENSATION OR CREDIT TO YOU. You represent and warrant that you have the right to make the foregoing grant to HealthCentral and that any Feedback which is provided by you to HealthCentral does not infringe any third-party intellectual property or any other rights. Notwithstanding the foregoing, we grant to you a non-exclusive, non-transferable, non-sublicensable, worldwide, perpetual and irrevocable license to use the Feedback for your own personal, non-commercial purposes that do not compete, directly or indirectly, with our use of such Feedback.
16. TERMINATION.
You agree that your access to the Site or any account you may have or portion thereof may be terminated without prior notice, and you agree that we shall not be liable to you or any third-party for any such termination. HealthCentral reserves the right to modify, suspend or discontinue the Site and/or access to it at any time and without notice to you, and HealthCentral will not be liable to you should it exercise such rights, even if your use of the Site is impacted by the change. These remedies are in addition to any other remedies we may have at law or in equity.
17. INDEMNIFICATION.
By using our Site, you agree to defend any or all of the HealthCentral Entities against any demands, claims or actions arising out of or as a result of: (i) your breach or violation of our Terms of Use; (ii) your use or misuse of the Site or Content; (iii) any violations of law and regulation; (iv) claims of infringement, misappropriation or violation of the rights of others in connection with your Postings; (v) your Content, including our use, display or other exercise of our license rights granted herein with respect to your Content; and (vi) any unauthorized use of your account (“Claims”). You shall indemnify and hold the HealthCentral Entities harmless from and against any and all losses, damages, costs and expenses, including attorneys’ fees, resulting from any such Claim. We have the right, at any time, to assume the defense against any Claim and all negotiations for settlement and compromise and you agree to cooperate with us in any such defense. When we use the phrase “you will defend and indemnify us” anywhere in our Terms of Use, it means and refers to the foregoing provisions of this section of our Terms of Use.
18. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY; BASIS OF THE BARGAIN.
ALTHOUGH WE MAY UPDATE THE CONTENT ON OUR SITE FROM TIME TO TIME, PLEASE NOTE THAT MEDICAL AND FITNESS INFORMATION CHANGES RAPIDLY. THEREFORE, SOME OF THE INFORMATION MAY BE OUT OF DATE AND/OR MAY CONTAIN ERRORS OR INACCURACIES. YOU RELY ON THE INFORMATION AT YOUR OWN RISK. OUR SITE AND THE CONTENT ARE MADE AVAILABLE “AS IS” AND “AS AVAILABLE”, WITHOUT ANY REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF TITLE, NON-- INFRINGEMENT, RELIABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THERE IS NO GUARANTY OR ASSURANCE THAT ALL OR ANY PART OF OUR SITE WILL BE AVAILABLE FOR USE, PERFORM AS DESCRIBED OR THAT OUR SITE AND THE CONTENT ARE ACCURATE, TIMELY, COMPLETE OR ERROR FREE AND YOU SHOULD NOT RELY ON OUR SITE OR ANY CONTENT FOR ANY DECISIONS OR ACTIONS YOU MAY OR MAY NOT CHOOSE TO MAKE OR TAKE. WE ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY DAMAGE TO YOU OR YOUR PROPERTY, LOSS OF DATA, INABILITY TO ACCESS OR USE THE SITE OR THE CONTENT, EVEN IF DUE TO MALICIOUS OR UNAUTHORIZED CODE. YOU ARE SOLELY RESPONSIBLE FOR ENSURING YOU HAVE APPROPRIATE MECHANISMS TO PROTECT AND SECURE YOUR EQUIPMENT, PROGRAMS AND INFORMATION BECAUSE YOU, NOT US, ARE ASSUMING ALL RISK OF LOSS OR DAMAGE THAT MAY ARISE OR BE ASSOCIATED WITH USE OF OUR SITE.
TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL LIABILITY FOR LOSS, DAMAGE, COST AND/OR EXPENSE OF ANY KIND IN CONNECTION WITH OR ARISING FROM USE OF OUR SITE, OUR TERMS OF USE, INCLUDING, BUT NOT LIMITED TO, DIRECT, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, EXEMPLARY AND PUNITIVE DAMAGES, REGARDLESS OF THE FORM OF ACTION OR BASIS OF THE CLAIM AND WHETHER OR NOT A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. SOME JURISDICTIONS DO NOT ALLOW EXCLUSIONS OF CERTAIN WARRANTIES OR LIMITATIONS ON CERTAIN DAMAGES, SO SOME OF THESE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU. IF ANY LIMITATION OR EXCLUSION OF DAMAGES OR LIABILITY IS PROHIBITED OR RESTRICTED BY LAW, WE SHALL BE ENTITLED TO THE MAXIMUM LIMITATIONS AND EXCLUSIONS PERMITTED; HOWEVER, IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU EXCEED ONE HUNDRED DOLLARS (USD $100).
SOME USERS MAY USE THE SITE TO MARKET THEIR PRODUCTS AND/OR SERVICES. THE ABOVE LIMITATIONS SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF ANY SUCH PRODUCTS OR SERVICES MARKETED, SOLD OR PROVIDED BY USERS, OR OTHERWISE BY THIRD PARTIES OTHER THAN HEALTHCENTRAL AND RECEIVED BY YOU THROUGH OR ADVERTISED VIA THE SITE OR THIRD-PARTY WEBSITES.
YOU ACKNOWLEDGE AND AGREE THAT HEALTHCENTRAL HAS OFFERED ITS SITE AND ENTERED INTO THESE TERMS IN RELIANCE UPON THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN, THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND HEALTHCENTRAL, AND THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND HEALTHCENTRAL. YOU ACKNOWLEDGE AND AGREE THAT HEALTHCENTRAL WOULD NOT BE ABLE TO PROVIDE THE SITE TO YOU ON AN ECONOMICALLY REASONABLE BASIS WITHOUT THESE LIMITATIONS.
19. THIRD-PARTY LINKS.
Our Site may contain links to or advertisements for websites operated by third parties. The links to and advertisements concerning third-party websites are provided for your convenience only. We do not control such third-party websites and we are not responsible for the content and performance of these third-party websites or for your interactions with them. Our inclusion of links to or advertisements for such third-party websites does not imply any endorsement of the material, products or services provided by such third-party websites or any association whatsoever.
20. GEOGRAPHIC DISCLAIMER.
Our Site is intended for users who are United States residents. We make no representations that the Site is appropriate or available for use in other locations. Access to our Site and the Content may not be legal for some persons or in some countries outside the United States. If you elect to access and use our Site and Content from outside of the United States, you do so at your own risk and are solely responsible for complying with all applicable laws and regulations.
21. CHOICE OF LAW.
Our Terms of Use shall be construed and enforced under the laws of the State of New York applicable to parties residing in and contracts made, executed and wholly performed within the State of New York. You specifically agree and submit to the jurisdiction of the State and Federal Courts situated in the State, City and County of New York and you will not object to jurisdiction or venue on the grounds of lack of personal jurisdiction, inconvenient forum or otherwise. The Uniform Computer Information Transactions Act does not apply to our Terms of Use. IN ANY ACTION OR PROCEEDING COMMENCED TO ENFORCE ANY RIGHT OR OBLIGATION UNDER THIS AGREEMENT, YOUR USE OF OUR SITE OR WITH RESPECT TO THE SUBJECT MATTER HEREOF, YOU HEREBY WAIVE ANY RIGHT YOU MAY NOW HAVE OR HEREAFTER POSSESS TO A TRIAL BY JURY.
22. MISCELLANEOUS.
Our Terms of Use, together with our Privacy Policy and any Additional Terms that apply to you constitute the entire agreement you have with us regarding our Site, Content and other subject matter set forth herein and supersede any and all prior or inconsistent understandings that may apply to the subject matter. If, for any reason, we believe, have reason to believe, suspect or are notified of any act, omission or circumstances which may or could compromise or endanger the health, well-being or safety of any person, cause or lead to damage to persons or property (tangible or intangible), adversely affects, infringes upon or misappropriates the rights of others, harasses or interferes with any other user or person, firm or enterprise, interferes with or bypasses our security or other protective measures applicable to our systems, networks and communications capabilities, breaches or violates our Terms of Use, Privacy Policy, Additional Terms, our Site, Content or violates any law or regulation, we have the right, reserving cumulatively all other rights and remedies available to us at law, in equity and under our agreement with you, to report and provide information to any and all regulatory and law enforcement authorities and agencies and take any action permitted by law.
23. SEVERABILITY.
The illegality, invalidity or unenforceability of any term or condition is severable and shall not affect the rest of the Terms of Use. Headings are purely for reference and shall not affect the meaning of any term or condition. Any provision which must survive to allow us to enforce its meaning shall survive termination.
24. ASSIGNMENT.
We may assign our rights and duties under this agreement to any party at any time without notice to you. You may not assign this agreement to anyone else.
25. WAIVERS OF CERTAIN LEGAL RIGHTS.
You agree that you will only sue us as an individual. You agree that you will not file a class action or participate in a class action against us. You and we agree that any dispute between us can only be brought in binding individual (non-class) arbitration to be administered by the American Arbitration Association (“AAA”). If, for any reason, AAA is not available, you or we may file our case with any national arbitration company. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction.
No claim or action relating in any way to this Terms of Use, our Privacy Policy, Additional Terms, our Site, Content or otherwise with respect to the subject matter, regardless of form or the basis of the claim, may be brought by you more than one (1) year after the cause of action has arisen (or if multiple causes, from the date the first such cause of action arose). Otherwise, such cause of action is permanently barred. If, for any reason, we believe, have reason to believe, suspect or are notified of any act, omission or circumstances which may or could (i) compromise or endanger the health, well-being or safety of any person, (ii) cause or lead to damage to persons or property (tangible or intangible), (iii) adversely affect, infringe upon or misappropriate the rights of others, (iv) harass or interfere with any other user or person, firm or enterprise, (v) interfere with or bypass our security or other protective measures applicable to our systems, networks and communications capabilities, (vi) breach or violate these Terms of Use, or (vii) violate any law or regulation, we have the right, reserving cumulatively all other rights and remedies available to us at law, in equity and under this agreement with you, to report and provide information to any and all regulatory and law enforcement authorities and agencies and take any action permitted by law.
26. WAIVER OF TERMS.
A provision of these Terms of Use may be waived only by a written instrument executed by the party entitled to the benefit of such provision. The failure of HealthCentral to exercise or enforce any right or provision of these Terms of Use will not constitute a waiver of such right or provision.
27. NOTICE.
We may deliver notice to you under this agreement by means of electronic mail, a general notice on the Site, or by written communication delivered by first class U.S. mail to your address on record in your account information, if any. You may give notice to us at any time by letter delivered by first class postage prepaid U.S. mail or overnight courier to the following address:
HealthCentral, LLC, Attn: General Counsel, 2111 Wilson Blvd, Suite 330, Arlington, VA 22201
28. NOTICE FOR CALIFORNIA RESIDENTS.
Under California Civil Code Section 1789.3, users of our Site from California are entitled to receive the following information on how to resolve a complaint regarding the Site or to receive further information regarding use of the Site:
Such complaints or requests may be submitted to HealthCentral by e-mail: legal@healthcentral.com
29. CONTACT US.
If you have any questions about our Terms of Use, please contact us at: legal@healthcentral.com.
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