Service Terms and Agreement
TERMS OF USE
1. Agreement. The HealthCentral Network, Inc.
(“THCN”) operates Healthcentral.com, an Internet-based
on-line information and communication service, located at
www.healthcentral.com including all text, content, information, and
data (collectively the “Content”) available therein
(together the “Site”) and provides users with access to
the Site subject to these terms and conditions (the
“Agreement”). HEALTHCENTRAL®
is a Registered Trademark owned by The HealthCentral Network, Inc.
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS
WEB SITE.
By accessing, using or downloading any Content from this Site, you
acknowledge your agreement to be bound by this Agreement. If you do
not agree to be bound by this Agreement, please do not access or
download Content from this Site. We reserve the right to update or
modify this Agreement at any time, and without prior notice to you.
Your use of the Site following such modification or update
constitutes your acceptance to be bound by the Agreement as changed
or modified. We encourage you to read through and review the
Agreement each time you access the Site.
2. 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. THE SITE DOES NOT OFFER
MEDICAL ADVICE AND NOTHING CONTAINED IN THE CONTENT IS INTENDED TO
CONSTITUTE PROFESSIONAL ADVICE FOR MEDICAL DIAGNOSIS OR TREATMENT
OR TO ADVOCATE OR RECOMMEND THE PURCHASE OR SELECTION OF ANY
PRODUCT, SERVICE OR TO ENDORSE OR GUARANTEE THE QUALIFICATIONS,
CREDENTIALS OR APPROPRIATENESS OF ANY HEALTH CARE PROVIDER LINKED
TO OR ADVERTISED ON THIS SITE. THCN and its Third Party Providers
do not endorse any product or service advertised on the Site. 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. You exercise your own
judgment when purchasing any product or selecting a physician
through this Site and/or any Third Party Site and 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. We
strongly urge you to visit with a physician or health professional
if you suspect you are ill. Never disregard the medical advice of a
physician or health professional, or delay in seeking such advice,
because of something you read in the Content.
3. Ownership. You acknowledge that all materials
provided on this Site, including but not limited to the Content,
information, documents, products, software, logos, graphics,
sounds, images, and services, are provided either by THCN or by its
respective third party authors, developers and vendors (“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.
4. 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 without our prior written consent in each instance.
5. Trademarks. 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.
6. Privacy. We respect your personal privacy. Our
Privacy Policy is available on this Site, and by accessing the
Site, you are agreeing to be legally bound by the Privacy Policy.
The Privacy Policy is incorporated by reference into this Agreement
in its entirety.
7. 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. This Site may provide
opportunities to provide us feedback regarding the Site and our
various offerings and other unsolicited submissions (collectively
“Unsolicited Information”). You may only provide
Unsolicited Information that conforms to the terms of this
Agreement. We welcome your comments and feedback concerning the
Site, but we do not accept or consider other unsolicited ideas,
including ideas for new advertising campaigns, new promotions, new
technologies, processes, materials or marketing plans. Accordingly,
please do not send such unsolicited ideas to us. You are
responsible for material that is sent through your account to any
"discussion" group, bulletin board or similar public area
(“Public Information”) available through the Site. By
providing Public Information or Unsolicited Information, you
thereby grant us a perpetual, royalty-free, fully paid up and
irrevocable right and license to use, reproduce, modify, publicly
display, distribute, transmit, sublicense, create derivative works
from, transfer, sublicense and sell such Public Information or
Unsolicited Information This Site is intended for an adult audience
and CHILDREN UNDER THE AGE OF THIRTEEN ARE NOT PERMITTED TO SUBMIT
ANY PUBLIC INFORMATION OR UNSOLICITED INFORMATION. The communities
and newsgroup discussions on this Site are not guaranteed to be
monitored for unacceptable use, nor will any statements made in the
communities and newsgroup discussions be authenticated or endorsed
by us. We reserve the right to block transmission of, and or remove
any Public Information that you send to any “discussion
group” available in the Content, 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 may not permit any other person (other than
an agent acting on your behalf and subject to your direct
supervision) to access the Site using your account for any purpose.
b. You may not post or transmit any message which
is libelous, defamatory or which discloses private or personal
matters concerning any person other than yourself. You may not post
or transmit any message, data, image or program 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 interfere with other users' use of
the Site, including, without limitation, disrupting the normal flow
of dialogue in a communities or newsgroup discussion.
e. You may not post or transmit any file which
contains viruses, worms, Trojan horses or any other contaminating
or destructive features.
f. You may not post or transmit any message 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 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.
g. You may not post or transmit charity requests,
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 except in those areas (e.g., a classified
bulletin board) that are designated for such purpose and you must
adhere to any applicable policies.
8. Review of Postings & Uploads. THCN does not
and cannot review all communications and materials posted or
uploaded to the Site and is not responsible for the content of
these communications and materials. MESSAGES, ADVICE, OPINIONS OR
OTHER INFORMATION CONTAINED IN ANY DISCUSSION AREA SHOULD NOT BE
CONSTRUED AS PROFESSIONAL ADVICE OR INSTRUCTION.
9. 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;
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;
g. Our agent may be contacted as follows:
The HealthCentral Network, Inc.
1655 N. Fort Myer Drive
Suite 400
Arlington, VA 22209
Attn: General Counsel
Tel: 703-302-1040
10. Advertising, 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 on such Third Party Sites or
any association with their operators. THCN and its Third Party
Providers do not recommend or endorse the content on any Third
Party Sites. THCN is not responsible for the content of linked
Third Party Sites, sites framed within the THCN Site, or third
party advertisements on the Site, and does not make any
representations regarding their content or accuracy. Your use of
Third Party Sites is at your own risk and subject to the terms and
conditions of use for such sites. THCN and its Third Party
Providers do not endorse any products or services advertised on the
Site.
11. Disclaimers.
a. Geographic Disclaimer. The Site is administered
by THCN from Arlington, Virginia and is intended for users who are
US 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, LACK OF VIRUSES, WORMS, TROJAN HORSES OR OTHER CODE THAT
MANIFEST CONTAMINATING OR DESTRUCTIVE PROPERTIES, OR ANY FAILURE TO
PROVIDE THE 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 INACCURACIES OR TYPOGRAPHICAL ERRORS. BECAUSE
SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN
WARRANTIES, THESE EXCLUSIONS MAY NOT APPLY TO YOU.
12. Indemnification. You agree to indemnify,
defend and hold harmless THCN, its affiliates, 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 Unsolicited
Information 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 service account.
13. 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. ALL OTHER DAMAGES, DIRECT OR INDIRECT, SPECIAL,
INCIDENTAL, CONSEQUENTIAL OR PUNITIVE ARISING FROM ANY USE OF THE
INFORMATION OR OTHER PARTS OF THE SITE ARE HEREBY EXCLUDED EVEN IF
THCN PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
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, OR FROM ANY OTHER CAUSE
RELATING TO YOUR ACCESS TO OR YOUR INABILITY TO ACCESS THE SITE OR
THESE MATERIALS, WHETHER OR NOT THE CIRCUMSTANCES GIVING RISE TO
SUCH CAUSE MAY HAVE BEEN WITHIN THE CONTROL OF ANY OF THE THCN
PARTIES.
SOME STATES DO NOT ALLOW THE EXCLUSION OF DAMAGES OR LIMITATION OF
LIABILITY AS SET FORTH ABOVE, SO THIS LIMITATION OF LIABILITY MAY
NOT APPLY TO YOU. IF ANY PART OF THIS LIMITATION DOES NOT APPLY TO
BE INVALID OR UNENFORCEABLE, FOR ANY REASON, THAN UNDER THOSE
CIRCUMSTANCES, THE AGGREGATE LIABILITY OF THE THCN PARTIES SHALL
NOT EXCEED ONE HUNDRED ($100) DOLLARS IN THE AGGREGATE. IF ANY
REMEDY HEREUNDER IS DETERMINED TO HAVE FAILED OF ITS ESSENTIAL
PURPOSE; ALL LIMITATIONS OF LIABILITY, DISCLAIMERS OF LIABILITY,
AND EXCLUSIONS OF LIABILITY SHALL REMAIN IN EFFECT.
14. Third Party Rights. The provisions of
paragraphs 12 (Indemnification) and 13 (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.
15. User Representations. You represent and
warrant that you are at least 18 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.
16. 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. We may assign our rights
and duties under this Agreement to any party at any time without
notice to you.
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.
1655 N. Fort Myer Drive
Suite 400
Arlington, Virginia 22209
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.
Copyright Notice
©2006 The HealthCentral Network, Inc., All Rights Reserved
Trademarks
HEALTHCENTRAL ®
Privacy and Protection of Personal Information
See the Privacy Statement disclosures relating to the collection
and use of your information.
How To Contact Us
Should you have other questions or concerns about this Agreement,
please send us an email at
or call us at 703-302-1040.
[This Agreement was last updated on December 8, 2006]
