Service Terms and Agreement
1. User License. We hereby grant you, subject to the terms and conditions of this Agreement, the right to view and use this Site. You may download and/or print a copy of the Content for your personal and non-commercial use only (the "Permitted Uses") provided the Content is not modified in any way and all copyright and other proprietary notices are kept intact. You agree to use the Content lawfully and only for the Permitted Uses. No other use of the Content is permitted. Permission to reprint or electronically reproduce any document or graphic in whole or in part for any other purpose is expressly prohibited, unless prior written consent is obtained from the respective copyright holder(s). Furthermore, you may not sell, resell, modify, reverse engineer, decompile, disassemble, frame or create derivative works of or otherwise exploit for any commercial purpose the Site or any portion thereof, other than your Member Content (as defined below), without our prior written consent in each instance. By completing the registration process on the Site, you establish an account with us (an "Account") and you represent that the information you provide in the registration process is accurate and current.
3. Health Information Disclaimer. The Content on this Site is presented in a summary fashion, and is intended to be used for educational and entertainment 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 this Site does not create a doctor / patient relationship. THE 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 the Site to diagnose a health or fitness problem or disease. Use of the 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 this Site and/or any Third Party Site (as defined below). Never disregard the medical advice of a physician or health professional, or delay in seeking such advice, because of something you read on this Site. Although we strive to ensure that the information we provide on this Site is correct, we cannot guarantee that it is always accurate and up-to-date. We offer this Site "AS IS" and without any warranties.
4. Ownership of Content and License to Member Content. You acknowledge that all the Content provided on this Site, other than the Content that you post, is provided either by THCN or by its licensors, third party authors, developers, vendors and members (collectively, "Third Party Providers") and the underlying intellectual property rights are owned by THCN and/or its Third Party Providers. Elements of the Site are protected by copyright, trade dress and other laws and may not be copied or imitated in whole or in part. All product names, company names, marks, logos, and symbols may be the trademarks of their respective owners.
We do not claim a copyright in the text, files, images, photos, works of authorship or other materials that you post on the Site, either as the host or a visitor (collectively "Member Content"). After posting Member Content to the Site, you shall continue to retain ownership of such Member Content. You are responsible for all Member Content that is posted through your Account to the Site, and you represent that (i) you own any Member Content posted through your Account on the Site or otherwise have the right to post such Member Content and grant the license set forth in this section, (ii) you have obtained the consent of any individual or such individual's legal guardian before posting any information about such individual, and (iii) the posting of such Member Content by you on the Site does not violate the privacy rights, publicity rights, copyrights, contract rights or other rights of any person. You agree to pay for all royalties, fees, and any other amounts due to any person by reason of any Member Content posted through your Account to the Site. By posting Member Content to the Site, you thereby grant us a perpetual, royalty-free, worldwide, fully paid up and irrevocable right and license to use, reproduce, modify, publicly display, transmit, and sublicense, such Member Content. Without this limited license, we would not be able to include Member Content in the Site. This license is non-exclusive.
5. Usage Rules. As a condition of your use of the Site, you agree that you will not use the Content for any purpose that is unlawful or prohibited by this Agreement. We reserve the right to deny you access to any and all parts of this Site for any reason, and at our sole discretion. CHILDREN UNDER THE AGE OF THIRTEEN ARE NOT PERMITTED TO SUBMIT ANY MEMBER CONTENT. We do not assume any responsibility to monitor the Member Content on this Site for accuracy or unacceptable use, nor will any Member Content be authenticated or endorsed by us. We encourage you to report offensive or illegal content by using the Report Abuse link on the Site and we reserve the right to block transmission of, and or remove any Member Content that you post to the Site, at any time, for any reason, and without prior notice to you. Without limiting the generality of the foregoing, you expressly acknowledge and agree that the following rules shall apply to your use of the Site:
a. You are responsible for any Content posted to the Site through your Account. The Member Content that you post to the Site is not confidential. You may not impersonate another person
b. You may not post or transmit any Member Content which is illegal, libelous or defamatory. You may not post or transmit any Member Content which discloses private or personal matters concerning any person other than yourself without the consent of such person or his or her legal guardian. You may not post or transmit any Member Content which is indecent, obscene or pornographic.
c. You may not post or transmit any message, data, image or program that would violate the property rights of others, including unauthorized copyrighted text, images or programs, trade secrets or other confidential proprietary information, and trademarks or service marks used in an infringing fashion.
d. You may not post or transmit any file which contains viruses, worms, Trojan horses or any other contaminating or destructive features.
e. You may not post or transmit any Member Content which is harmful, threatening, abusive or hateful. It is not our intent to discourage users from taking controversial positions or expressing vigorously what may be unpopular views; however, we reserve the right to take such action as we deem appropriate in cases where the Member Content is being used to disseminate statements which are deeply and widely offensive and/or harmful. However, we are not obligated to take any action.
f. You may not post or transmit spam, petitions for signatures, chain letters or letters relating to pyramid schemes. You may not post or transmit any advertising, promotional materials or any other solicitation of other users to use goods or services.
g. You may not use any robot, spider or other automated means to access this Site or the Services for any reason without our prior written consent, except that you may use Standard for Robot Exclusion-compliant robots, provided that, prior to indexing or downloading any pages, such robots immediately visit http://www.healthcentral.com/robots.txt when connecting to the Site. You acknowledge that http://www.healthcentral.com/robots.txt is the only method that robots are authorized to access the Site or the Services. If you violate this provision, we may, among other things, terminate your access to the Site, delete your Account, remove your Member Content from the Site and prevent any further access by you to the Site, your Account or your Member Content.
6. Review of Postings & Uploads. We assume no responsibility for monitoring Member Content. We do not and cannot review all Member Content posted or uploaded to the Site and are not responsible for such Member Content, regardless of whether at any time we choose in our sole discretion, to monitor or remove Member Content on the Site.
7. Trademarks. HEALTHCENTRAL®, HEALTHSQUARE®, HEALTHSCOUT®, FOODFIT®, FOODFIT.COM®, HEALTHCENTRALRX®, DRDREW.COM®, MDCHOICE®, DR.KOOP.COM® and DRUG CHECKER® are registered trademarks of THCN and its subsidiaries. All of the trademarks, service marks, and logos displayed on this Site (the "Trademarks") are registered and unregistered trademarks of THCN, its affiliates, or third parties. Nothing in this Site should be construed as granting, by implication, estoppel, or otherwise, any license or right in and to the Trademarks without our express written permission or the express written permission of the applicable third party. Except as expressly provided in this Agreement, any use of the Trademarks is expressly prohibited.
8. Procedures for Claimed Copyright Infringement. 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:
(a) an electronic or physical signature of the person authorized to act on behalf of the copyright owner; (b) a description of the copyrighted work that you claim has been infringed; (c) a description of where the material you claim is infringing is located on the Site; (d) your address, telephone number, and email address; (e) 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(f) 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 owner's behalf. Our agent may be contacted as follows:
The HealthCentral Network, Inc.
2300 Wilson Boulevard #600
Arlington, VA 22201
Attn: General Counsel
9. Linking and Framing. The Site may contain links to or advertisements for web sites operated by other parties (the "Third Party Sites"). The links to and advertisements concerning Third Party Sites are provided for your convenience only. We do not control such Third Party Sites and we are not responsible for the content and performance of these Third Party Sites or for your transactions with them. Our inclusion of links to or advertisements for such Third Party Sites does not imply any endorsement of the material, products or services on such Third Party Sites or any association with their operators.
Without a written agreement with us to the contrary, you must obey the following rules for linking to the Site or any pages within the Site:
- All links must be text-only links.
- The link's appearance, position or other characteristics must not damage or dilute the goodwill associated with our reputation or trademarks.
- The link's appearance, position or other characteristics must not create the false impression that we sponsor, endorse or are associated with any other entity, product or service.
- The link must display the Site on the full-screen and not within a "frame."
- We reserve the right to revoke our consent to any link at any time; in which case, you agree to remove your links to the Site.
a. Geographic Disclaimer. The Site is administered by THCN from Arlington, Virginia and is intended for users who are U.S. residents. Access to the 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 the 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.
b. DISCLAIMER OF WARRANTIES. THIS SITE AND ITS CONTENT ARE PROVIDED "AS IS." WE MAKE NO REPRESENTATIONS OR ENDORSEMENT ABOUT THE SUITABILITY FOR ANY PURPOSE OF PRODUCTS AND SERVICES AVAILABLE THROUGH THIS SERVICE. WE DO NOT GUARANTEE THE TIMELINESS, VALIDITY, COMPLETENESS OR ACCURACY OF THE CONTENT. WE DISCLAIM ALL WARRANTIES AND CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, WITH REGARD TO THE CONTENT, PRODUCTS, SERVICES AND ALL OTHER INFORMATION CONTAINED ON AND/OR MADE AVAILABLE THROUGH THIS SITE, INCLUDING BUT NOT LIMITED TO THE AVAILABILITY OF THIS SITE. ALTHOUGH WE MAY UPDATE THE CONTENT ON THIS SITE FROM TIME TO TIME, PLEASE NOTE THAT MEDICAL INFORMATION CHANGES RAPIDLY. THEREFORE, SOME OF THE INFORMATION MAY BE OUT OF DATE AND/OR MAY CONTAIN ERRORS. BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, THESE EXCLUSIONS MAY NOT APPLY TO YOU.
c. We take no responsibility for Member Content or third party advertisements that are posted on the Site, nor do we take any responsibility for the goods or services provided by our advertisers.
11. Indemnification. You agree to indemnify, defend and hold harmless THCN, its officers, directors, employees, agents, information providers, partners, advertisers and suppliers (the "THCN Parties") from and against all losses, expenses, damages and costs, including reasonable attorney's fees, resulting from (a) provision of Member Content by you, or (b) your use of the Content or Site; and/or (c) your breach of the terms of this Agreement, (including infringement of third parties' worldwide intellectual property rights or negligent or wrongful conduct) by you or any other person accessing the Site using your Account.
12. Waiver, Release and Limitation of Liability. YOU AGREE THAT NONE OF THE THCN PARTIES SHALL HAVE ANY LIABILITY TO YOU UNDER ANY THEORY OF LIABILITY OR INDEMNITY IN CONNECTION WITH YOUR USE OF THE SITE. YOU HEREBY RELEASE AND FOREVER WAIVE ANY AND ALL CLAIMS YOU MAY HAVE AGAINST THE THCN PARTIES (INCLUDING BUT NOT LIMITED TO CLAIMS BASED UPON THE NEGLIGENCE OF ANY OF THE THCN PARTIES) FOR LOSSES OR DAMAGES YOU SUSTAIN IN CONNECTION WITH YOUR USE OF THE SITE.
NOTWITHSTANDING THE FOREGOING PARAGRAPH, THE TOTAL LIABILITY OF THE THCN PARTIES, IF ANY, FOR LOSSES OR DAMAGES SHALL NOT EXCEED THE FEES PAID BY THE USER TO THCN FOR THE PARTICULAR INFORMATION OR SERVICE PROVIDED. IN NO EVENT SHALL ANY OF THE THCN PARTIES BE LIABLE TO YOU FOR ANY LOSSES OR DAMAGES OTHER THAN THE AMOUNT REFERRED TO ABOVE.
NONE OF THE THCN PARTIES WILL BE LIABLE OR HAVE ANY RESPONSIBILITY OF ANY KIND FOR ANY LOSS OR DAMAGE THAT YOU INCUR IN THE EVENT OF ANY FAILURE OR INTERRUPTION OF THIS SITE, OR RESULTING FROM THE ACT OR OMISSION OF ANY OTHER PARTY INVOLVED IN MAKING THIS SITE OR THE DATA CONTAINED THEREIN AVAILABLE TO YOU.
IF ANY PART OF THIS LIMITATION DOES NOT APPLY TO YOU, FOR ANY REASON, THAN UNDER THOSE CIRCUMSTANCES, THE AGGREGATE LIABILITY OF THE THCN PARTIES SHALL NOT EXCEED ONE HUNDRED ($100) DOLLARS IN THE AGGREGATE.
13. Third Party Rights. The provisions of paragraphs 11 (Indemnification) and 12 (Waiver, Release and Limitation of Liability) are for the benefit of the THCN Parties. Each of the THCN Parties shall have the right to assert and enforce those provisions directly against you on its own behalf.
14. User Representations. You represent and warrant that you are at least 13 years of age and that you possess the legal right and ability to enter into this Agreement and to use the Site in accordance with this Agreement. You agree to be financially responsible for your use of the Site (as well as for use of your Account by others (whether authorized or unauthorized), including use by any minors living with you) and to comply with your responsibilities and obligations as stated in this Agreement.
15. Miscellaneous. This Agreement shall be governed by and construed in accordance with the laws of the Commonwealth of Virginia, without regarding provisions relating to conflicts of law. You agree that any legal action or proceeding between THCN and you for any purpose concerning this Agreement or the parties' obligations under this Agreement shall be brought exclusively in a court of competent jurisdiction sitting in Arlington County, Virginia, United States, and by accessing the Site you consent to the personal jurisdiction of any state or federal court located in the Commonwealth of Virginia. Any cause of action or claim you may have with respect to the Site and/or this Agreement must be commenced within one (1) year after the claim or cause of action arises. This Agreement constitutes the entire Agreement between THCN and you with respect to your access and use of the Site. Any failure by us to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Agreement.
16. Termination, Assignment. We may terminate your Account at any time without notice to you. 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.
17. 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:
The HealthCentral Network, Inc.
2300 Wilson Boulevard #600
Arlington, VA 22201
Attn: General Counsel
18. Severability. The provisions of this Agreement are severable, and in the event any provision hereof is determined to be invalid or unenforceable, such invalidity or unenforceability shall not in any way affect the validity or enforceability of the remaining provisions.© 2007 The HealthCentral Network, Inc. All rights reserved.