Terms & Conditions
Effective as of November 3, 2011
This site and its services are for consumer educational use only. Nothing contained in this site is or should be considered, or used as a substitute for medical advice, diagnosis, or treatment. We advise users to always seek the advice of a physician or other qualified health care provider with any questions regarding personal health or medical conditions.
DESCRIPTION OF SERVICE AND ELIGIBILITY
In order to use the Site, you must be the age of majority in your jurisdiction and fully able and competent to enter into the terms, conditions, obligations, affirmations, representations and warranties set forth in these Terms and to abide by and comply with these Terms. You represent that you meet the eligibility requirements in this Section. In any case, you affirm that you are over the age of 13, as the Site is not intended for children under 13. If you are using or opening an account on the Site on behalf of a company, entity, or organization (collectively "Subscribing Organization"), then you represent and warrant that you are an authorized representative of that Subscribing Organization with the authority to bind such organization to these Terms, and agree to be bound by these Terms on behalf of such Subscribing Organization.
MODIFICATIONS TO TERMS
Healthiest You may, in its sole discretion, modify or revise any part of the Terms at any time and without notice, and by your continued use of the Site after such modifications or revisions, you agree to be bound by such modifications or revisions. In the event of any material modifications to these Terms, Healthiest You will use commercially reasonable efforts to provide you with notice of such modifications. You are advised to periodically review the most up-to-date version of the Terms.
MODIFICATIONS TO SITE
We reserve the right to change the URL, modify or discontinue, and restrict or block access to, the Site without notice to you. Healthiest You and its designees shall have the right, (but not the obligation) in their sole discretion to modify or remove any Non-Healthiest You Content (as defined below) from the Site at any time without notice to you and with no liability of any kind, including removal of Non-Healthiest You Content that we believe to be: (i) obscene, lewd, lascivious, filthy, excessively violent, harassing, harmful, hateful, racially or ethnically offensive or otherwise objectionable, or which encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law or any right of privacy or publicity, or is otherwise inappropriate; (ii) any falsehoods or misrepresentations that could damage Healthiest You or any third party; (iii) advertisements or solicitations of business, products, or services; or (iv) any material that would be harmful to minors in any manner.
USE OF THE SITE – PERMISSIONS AND RESTRICTIONS
A. Site Access. Healthiest You grants you permission to use the Site as set forth in these Terms, provided that, and for so long as, (i) you use the Site solely for your personal, private, noncommercial use ; (ii) except as expressly permitted in these Terms, you do not download, reproduce, redistribute, retransmit, publish, resell, distribute, publicly display or otherwise exploit any portion of the Site in any medium without Healthiest You's prior written authorization; (iii) you do not alter or modify any part of the Site other than as may be reasonably necessary to use the Site for its intended purposes; (iv) you do not engage in any of the prohibited activities described below; and (v) you otherwise fully comply with these Terms.
B. Ownership; Proprietary Rights. As between the Parties, the Site, including the content, visual interfaces, interactive features, information, graphics, design, compilation, computer code, products, software, services, and all other elements of the Site that are provided by Healthiest You ("Healthiest You Materials") are owned and operated by Healthiest You and/or its suppliers. Healthiest You Materials do not include User Submissions (as defined below) or any Non-Healthiest You Content (as defined below). Except as expressly authorized by Healthiest You, you agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Site or the Healthiest You Materials. Healthiest You reserves all rights not expressly granted in these Terms. You shall not acquire any right, title, or interest to the Healthiest You Materials, except for the limited rights set forth in these Terms.
C. Establishing an Account to Post Content. In order to access some features of the Site, you will have to create an account. You represent and warrant that the information you provide to Healthiest You upon registration and, at all other times, will be true, accurate, current, and complete. You also represent and warrant that you will ensure that this information is kept accurate and up-to-date at all times. You acknowledge, consent, and agree that Healthiest You may access, preserve and disclose your account information and any User Submissions (as defined below) 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 the Terms; (c) respond to claim that any User Submissions (as defined below) violates the rights of third parties; (d) provide certain customized features of the Site to you, if any, or respond if you contact Healthiest You for any reason; or (e) protect the rights, property, or personal safety of Healthiest You, the users, and the public.
D. Your Liability for Unauthorized Use. If you register for an account you will be asked to provide a password. As you will be responsible for all activities that occur under your password, you should keep your password confidential. You are solely responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. If you have reason to believe that your account is no longer secure (for example, in the event of a loss, theft, or unauthorized disclosure or use of your account ID or password), you shall immediately notify Healthiest You. YOU MAY BE LIABLE FOR THE LOSSES INCURRED BY HEALTHIEST YOU OR OTHERS DUE TO ANY UNAUTHORIZED USE OF YOUR ACCOUNT.
LICENSE RIGHTS; USER SUBMISSIONS
A. General. The Site may now or in the future permit the upload, submission, posting and/or linking of reports, resumes, applications, files, media, text, data, audio and video recordings, photos, commentary or any other content submitted by you and other Users ("User Submissions"), and the hosting, sharing, and/or publishing of such User Submissions. User Submissions are displayed for entertainment and informational purposes only and are not controlled by Healthiest You. Healthiest You makes no representations that it will publish or use your User Submissions in any way and may or may not use your User Submissions in its sole discretion. You understand that whether or not such User Submissions are published, Healthiest You does not guarantee any confidentiality with respect to any User Submissions.
B. Your License to Healthiest You. By submitting User Submissions to Healthiest You, you hereby grant Healthiest You and its affiliates a worldwide, non-exclusive, fully paid-up, royalty-free, irrevocable, transferable license, with the right to grant and authorize sublicenses, to use, reproduce, distribute, modify, adapt, prepare derivative works of, display, perform, and otherwise exploit your User Submissions in connection with the Site and Healthiest You's (and its successor's) business, including without limitation for promoting and redistributing part or all of the Site (and derivative works thereof) in any media formats and through any media channels now known or hereafter discovered. You grant Healthiest You, its affiliates, and sublicensees the right to use the name that you submit in connection with such User Submission if they choose. You also agree to irrevocably waive (and cause to be waived) any claims and assertions of moral rights or attribution with respect to your User Submissions. You also hereby grant to each User of the Site a non-exclusive license to access your User Submissions through the Site, and to use, reproduce, distribute, prepare derivative works of, display, and perform such User Submissions as permitted by the functionality of the Site and these Terms. Except for the limited rights set forth in these Terms, each You retains all right, title, and interest in Your User Submissions.
C. Additional Guidelines for Submissions. Please be advised that some Guidelines may apply to User Submissions in addition to these Terms, and that you are solely responsible for reviewing and complying with any such Guidelines.
D. Your Representations and Warranties Regarding User Submissions. You shall be solely responsible for your own User Submissions and the consequences of uploading, posting or publishing them. In connection with User Submissions, you affirm, represent, and/or warrant that: (i) you own, or have the necessary licenses, rights, consents, and permissions to use and authorize Healthiest You to use, all patent, trademark, copyright, or other proprietary rights in and to any and all User Submissions to enable inclusion and use of User Submissions in the manner contemplated by Healthiest You and these Terms, and to grant the rights and license set forth in this Section, and (ii) your User Submissions, Healthiest You's use of such User Submissions pursuant to these Terms, and Healthiest You's exercise of the license rights set forth in this Section, do not and will not: (a) infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (b) slander, defame, libel, or invade the right of privacy, publicity or other property rights of any other person; or (c) violate any applicable law or regulation.
E. Non-Healthiest You Content Disclaimer. You understand that when using the Site you will be exposed to User Submissions and other third party content (together, "Non-Healthiest You Content"), and that you may be exposed to Non-Healthiest You Content that is inaccurate, offensive, indecent, or otherwise objectionable. Healthiest You does not endorse any Non-Healthiest You Content or any opinion, recommendation, or advice expressed therein. Under no circumstances will Healthiest You be liable in any way for or in connection with the Non-Healthiest You Content, including, but not limited to, for any inaccuracies, errors or omissions in any Non-Healthiest You Content, any intellectual property infringement with regard to any Non-Healthiest You Content, or for any loss or damage of any kind incurred as a result of the use of any Non-Healthiest You Content posted, emailed or otherwise displayed or transmitted through the Site.
A. Prohibited Conduct. As a condition of your use of the Site, you hereby represent and warrant that you will not use the Site for any purpose that is unlawful or prohibited (including without limitation, the prohibitions in this Section) by these Terms.
(i) You agree not to access or use the Site in any way that is not in compliance with any applicable local, state, national or international law (including export laws), contracts, intellectual property rights or constitutes the commission of a tort, or for any purpose that is harmful or unintended (by us), or other than in full compliance with these Terms.
(ii) You agree not to access, tamper with, or use services or areas of the Site that you are not authorized to access, including attempting to gain unauthorized access to the Site, or any part of it, other accounts, computer systems or networks connected to the Site, or any part of it, through hacking, password mining or any other means or interfere or attempt to interfere with the proper working of the Site or any activities conducted through the Site.
(iii) You agree not to alter information on or obtained from the Site.
(iv) You agree not to tamper with Healthiest You Materials or User Submissions belonging to other users of Healthiest You.
(v) You agree not to use any robot, spider, scraper or other automated means or interface not provided by us to access the Site without our express written permission or bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Site.
(vi) You agree not to frame any part of the Site, or link to the Site, or otherwise make it look like you have a relationship to us or that we have endorsed you or your Content for any purpose without permission from Healthiest You.
(vii) You agree not to impersonate or misrepresent your affiliation with any person or entity.
(viii) You agree not to reverse engineer any licensed software, application, tools or any other aspect of the Site or do anything that might discover source code, or bypass or circumvent measures employed to prevent or limit access to any area, content or code of the Site, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
(ix) You agree not to send to or otherwise impact the Site (or anything or anyone else) with harmful, illegal, deceptive or disruptive code such as a virus, "spyware," "adware" or other code that could adversely impact the Site or any recipient.
(x) You agree not to take any action which might impose a significant burden (as determined by us) on the Site's infrastructure or computer systems, or otherwise interfere with the ordinary operation of the Site.
(xi) Any use by you of any of the Healthiest You Materials and Site other than for private, non-commercial use is strictly prohibited. You agree not to reproduce, duplicate, copy, sell, trade, resell, distribute, or exploit, any portion of the Site, use of the Site, access to the Site, or Non-Healthiest You Content obtained through the Site, for any purpose other than for your personal, private, non-commercial purposes.
(xii) You agree not to use the Site if you do not meet the eligibility requirements described in Section 1 above.
(xiii) You agree not to defame, harass, abuse, threaten, stalk or defraud users of the Site, or collect, or attempt to collect, personal information about users or third parties without their consent.
(xiv) You agree not to deep-link to the Site and agree to promptly remove any links that Healthiest You finds objectionable in its sole discretion. You agree not to use any Healthiest You logos, graphics, or trademarks as part of the link without our express written consent.
(xv) You agree not to remove, circumvent, disable, damage or otherwise interfere with any security-related features of the Site, features that prevent or restrict the use or copying of any part of the Site, or features that enforce limitations on the use of the Site.
(xvi) You agree not to obtain or attempt to obtain any materials or information through any means not intentionally made available through the Site. You agree neither to modify the Site in any manner or form, nor to use modified versions of the Site, including (without limitation) for the purpose of obtaining unauthorized access to the Site.
(xvii. You agree not to make unsolicited offers, advertisements, proposals, or send junk mail or spam to other users of the Site. This includes, but is not limited to, unsolicited advertising, promotional materials or other solicitation material, bulk mailing of commercial advertising, chain mail, informational announcements, charity requests, and petitions for signatures.
(xviii) You agree not to modify, adapt, translate, or create derivative works based upon the Site or any part thereof, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
(xix) You agree not to post to the Site any User Submissions that, as reasonably determined by Healthiest You, is: I) untrue, misleading, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, invasive to another person's privacy or protected data, hateful, or racially or otherwise objectionable; II) infringing upon a third party's intellectual property rights, including any patent, trademark, trade secret, copyright, or right of publicity, or content that is the subject of any claim of infringement; III) of a type that you do not have a right to transmit under any law or under contractual or fiduciary relationships, such as proprietary and confidential information; or IV) data or information obtained through access that was not authorized by the owner, or that you are not authorized to post.
MONITORING OF SITE CONTENT; RESOLUTION OF USER DISPUTES
A. No Duty to Monitor. You understand that you, and not Healthiest You, are entirely responsible for all User Submissions that you upload, post, e-mail, transmit or otherwise make available through the Site. We are under no obligation to restrict or monitor the Site or any Non-Healthiest You Content in any way. IT WOULD BE IMPOSSIBLE TO MONITOR THE ACCURACY OR RELIABILITY OF ALL OF THE NON-HEALTHIEST YOU CONTENT AVAILABLE THROUGH THE SITE. However, we reserve the right to modify or remove any Non-Healthiest You Content at any time. If at any time, Healthiest You chooses, in its sole discretion, to monitor the Non-Healthiest You Content, Healthiest You nonetheless assumes no responsibility for the Non-Healthiest You Content, no obligation to modify or remove any inappropriate Non-Healthiest You Content, and no responsibility for the conduct of the User submitting any such Non-Healthiest You Content. Some of this monitoring may be done by Users of the Site who have volunteered their time, or by Healthiest You employees. Any opinions, advice, statements, services, offers, or other information or Non-Healthiest You Content expressed or made available by third parties, including other users, are those of the respective author(s) and not from Healthiest You. Healthiest You neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, information, or statement made on the Site.
B. Right to Resolve Disputes. Healthiest You has the right, but not the obligation to attempt to resolve disputes between users relating to the Site, and Healthiest You's resolution of a particular dispute does not create an obligation to resolve any other dispute.
TERMINATION OR CANCELLATION
A. Our Right to Terminate. We may, at any time, in our sole discretion and for any or no reason and without notice to you, terminate your access to the Site, and your account, block your access to the Site, or remove or discard all or any part of your account or any User Submission at any time. 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 Healthiest You shall not be liable to you or any third party for any such termination. These remedies are in addition to any other remedies Healthiest You may have at law or in equity.
B. Notice of Termination. If applicable law requires us to provide notice of termination or cancellation, we may give prior or subsequent notice by posting it on the Site or by sending a communication to any address (email or otherwise) that we have for you in our records.
C. Your Right to Terminate. If you are dissatisfied with the Site, please let us know at Healthiest You's corporate offices, found in the contact section of our website, www.healthiestyou.com. Your input is valuable to us. To the fullest extent permitted under applicable law, Your only remedy with respect to any dissatisfaction with (i) the Site, (ii) any term of these Terms, (iii) any policy or practice of Healthiest You in operating the Site, or (iv) any content or information transmitted through the Site, is to terminate these Terms and your account. You may terminate these Terms at any time by closing your account and discontinuing your use of any and all parts of the Site and providing notice of termination by contacting us at our corporate offices, found at www.healthiestyou.com. You understand that upon termination of Your account, Healthiest You shall continue to have the right to use Your User Submission in accordance with Section 5B.
YOUR USE OF THE SITE AND THIRD PARTIES
A. Links and Third Party Websites. Healthiest You or third parties may provide links on the Site to other sites including the content therein ("Reference Sites"). Healthiest You has no control over such Reference Sites or content, and therefore makes no claim or representation regarding, and expressly disclaims responsibility for, the accuracy, quality, legality, nature, availability, or reliability of Reference Sites or content linked to by the Site. Healthiest You provides links to you only as a convenience, and the inclusion of any link on the Site does not imply our affiliation, endorsement, or adoption of the linked site or any information therein. ACCESS AND USE OF REFERENCE SITES, INCLUDING THE INFORMATION, MATERIAL, PRODUCTS, AND SERVICES ON REFERENCE SITES OR AVAILABLE THROUGH REFERENCE SITES, IS SOLELY AT YOUR OWN RISK. Our terms and policies do not govern your use of any site other than the Site. You should review applicable terms and policies, including the privacy and data gathering practices, of any Reference Sites.
B. Dealings with Advertisers. Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Site are solely between you and such advertiser. YOU AGREE THAT HEALTHIEST YOU 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 ON THE Healthiest You SITE.
C. User Disagreements. You are solely responsible for your involvement with other users of the Site. Healthiest You reserves the right, but has no obligation, to monitor disagreements between you and other users. HEALTHIEST YOU DISCLAIMS ALL LIABILITY RELATED TO ANY USER DISAGREEMENT.
You agree to indemnify and hold harmless Healthiest You, and its parent, subsidiaries, affiliates or any related organizations (including those which share substantially common ownership), and the officers, directors, employees, agents and representatives of any of them from any and all claims, losses, obligations, damages, liabilities, costs, debt, and expenses (including attorney's fees) arising out of: (i) Your use or misuse of the Healthiest You Site; (ii) Your User Submissions, including Healthiest You's use, display or other exercise of its license rights granted herein or otherwise with respect to Your User Submissions; (iii) Your violation of these terms; (iv) Your violation of the rights of any other person or entity, including claims that any of Your User Submission infringes or violates any third party intellectual property rights; (v) your breach of the foregoing representations, warranties, and covenants; and (vi) any unauthorized use of your account not caused by Healthiest You. Healthiest You reserves the right, at your expense, to assume the exclusive defense and control of any matter for which You are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any matter to which Healthiest You is a party without the prior written consent of Healthiest You. Healthiest You will use reasonable efforts to notify You of any such claim, action, or proceeding upon becoming aware of it.
DISCLAIMER AND WARRANTIES
A. Acknowledgement. YOU EXPRESSLY ACKNOWLEDGE THAT AS USED IN THIS SECTION, THE TERM HEALTHIEST YOU INCLUDES THE INDEMNIFIED PERSONS AS DEFINED IN SECTION 11.
B. This Site Does not Provide Medical Advice. ALL INFORMATION CONTAINED ON THIS WEBSITE, INCLUDING RECOMMENDATIONS REGARDING DIET, EXERCISE OR DIETARY SUPPLEMENTS, IS FOR INFORMATIONAL PUROSES ONLY. THE INFORMATION CONTAINED ON THIS WEBSITE IS NOT INTENDED TO BE USED IN PLACE OF A VISIT, CALL, CONSULTATION OR ADVICE OF A PHYSICIAN OR OTHER MEDICAL/HEALTHCARE PROFESSIONAL. WE DO NOT RECOMMEND THE SELF-MANAGEMENT OF HEALTH PROBLEMS. IF YOU HAVE ANY HEALTHCARE-RELATED QUESTIONS, PROMPTLY CALL OR SEE YOUR PHYSICIAN OR OTHER HEALTHCARE PROVIDER. NEVER DISREGARD MEDICAL ADVICE OR DELAY IN SEEKING MEDICAL ADVICE BECAUSE OF SOMETHING YOU HAVE READ ON THIS WEBSITE. NEVER USE THE INFORMATION CONTAINED ON THIS WEBSITE FOR DIAGNOSING A HEALTH PROBLEM OR PRESCRIBING OR USING A MEDICATION. ADDITIONALLY, THE TRANSMISSION AND RECEIPT OF INFORMATION CONTAINED ON THIS WEBSITE, IN WHOLE OR IN PART, OR COMMUNICATION VIA INTERNET OR E-MAIL DOES NOT CONSTITUTE OR CREATE A DOCTOR-PATIENT, THERAPIST-PATIENT OR OTHER HEALTHCARE PROFESSIONAL RELATIONSHIP BETWEEN YOU AND HEALTHIEST YOU.
C. No Endorsement. HEALTHIEST YOU DOES NOT RECOMMEND OR ENDORSE ANY SPECIFIC TESTS, PHYSICIANS, PRODUCTS, PROCEDURES, OPINIONS, OR OTHER INFORMATION THAT MAY BE MENTIONED ON THE SITE.
D. You Accept this Site "As-Is". THE HEALTHIEST YOU SITE, USER SUBMISSIONS, NON-HEALTHIEST YOU CONTENT, AND ANY OTHER THIRD-PARTY MEDIA, CONTENT, SOFTWARE, SERVICES OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE HEALTHIEST YOU SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE", "WITH ALL FAULTS" BASIS AND WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED. THE INFORMATION CONTAINED ON OR PROVIDED THROUGH THIS SITE IS INTENDED FOR GENERAL CONSUMER UNDERSTANDING AND EDUCATION. ANY ACCESS TO THIS SITE IS VOLUNTARY AND AT THE SOLE RISK OF THE USER.
E. No Warranties. TO THE MAXIMUM EXTENT PERMITTED BY LAW, HEALTHIEST YOU EXPRESSLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED REPRESENTATIONS, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT AND THOSE ARISING FROM A COURSE OF DEALING, TRADE, USAGE OR PERFORMANCE. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, AND THEREFORE SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM HEALTHIEST YOU OR THROUGH THE HEALTHIEST YOU SITE, WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.
F. Loss of Data. WE, AND OUR CONTENT PROVIDERS, CANNOT AND DO NOT GUARANTEE OR WARRANT AGAINST ERRORS, OMISSIONS, DELAYS, INTERRUPTIONS OR LOSSES, INCLUDING LOSS OF DATA. USERS OF THE SITE ARE RESPONSIBLE FOR MAINTAINING A MEANS EXTERNAL TO HEALTHIEST YOU FOR THE RECONSTRUCTION OF ANY LOST DATA. WE URGE YOU TO KEEP BACKUP COPIES OF YOUR PERSONAL CONTENT OR USER SUBMISSIONS, IF ANY, THAT YOU MAINTAIN ON OR USE WITH THE SITE. IF YOUR USE OF THE SITE RESULTS IN THE NEED FOR SERVICING OR REPLACING PROPERTY, MATERIAL, EQUIPMENT OR DATA, WE ARE NOT RESPONSIBLE FOR ANY RESULTING COSTS OR DAMAGES.
G. Website Operation and Non-Healthiest You Content. HEALTHIEST YOU DOES NOT WARRANT THAT THE HEALTHIEST YOU MATERIALS, USER SUBMISSIONS, NON-HEALTHIEST YOU CONTENT, HEALTHIEST YOU SITE, OR ANY OTHER INFORMATION OFFERED ON OR THROUGH THE HEALTHIEST YOU SITE OR ANY REFERENCE SITES WILL BE UNINTERRUPTED, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS AND DOES NOT WARRANT THAT ANY OF THE FOREGOING WILL BE CORRECTED.
H. Accuracy. HEALTHIEST YOU DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE HEALTHIEST YOU SITE OR ANY REFERENCE SITES IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.
I. Harm to your Computer. YOU UNDERSTAND AND AGREE THAT YOU USE, ACCESS, DOWNLOAD, OR OTHERWISE OBTAIN INFORMATION, MATERIALS, OR DATA THROUGH THE HEALTHIEST YOU SITE OR ANY REFERENCE SITES AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM) OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF SUCH MATERIAL OR DATA.
EXCLUSION OF DAMAGES; LIMITATION OF LIABILITY
A. Limitation of Liability. HEALTHIEST YOU ASSUMES NO RESPONSIBILITY FOR ANY CONSEQUENCE RELATING DIRECTLY OR INDIRECTLY TO ANY ACTION OR INACTION YOU TAKE BASED ON OUR SITE, THE SERVICES OR OTHER CONTENT. YOU MUST EVALUATE AND BEAR ALL RISKS ASSOCIATED WITH THEIR USE, INCLUDING ANY RELIANCE ON THEIR ACCURACY, COMPLETENESS OR USEFULNESS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES, AND UNDER NO LEGAL THEORY, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL UNISFAIR OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD PARTY PARTNERS OR SUPPLIERS BE LIABLE TO YOU OR ANY OTHER PERSON FOR INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, SPECIAL, STATUTORY, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, LOST REVENUE, LOSS OF DATA, LOSS OF PRIVACY, LOSS OF GOODWILL OR ANY OTHER LOSSES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IN THE EVENT OF FAULT, TORT (INCLUDING NEGLIGENCE) OR STRICT OR PRODUCT LIABILITY, EVEN IF HEALTHIEST YOU OR A HEALTHIEST YOU REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
B. Limitation of Damages. IN NO EVENT SHALL HEALTHIEST YOU OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD PARTY PARTNERS, LICENSORS OR SUPPLIERS' TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE HEALTHIEST YOU SITE (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), WARRANTY, OR OTHERWISE) EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100 USD) OR FEES PAID IN THE PRECEDING TWELVE (12) MONTHS.
C. Reference Sites. THESE LIMITATIONS SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF ANY PRODUCTS OR SERVICES SOLD OR PROVIDED ON ANY REFERENCE SITES OR OTHERWISE BY THIRD PARTIES OTHER THAN HEALTHIEST YOU AND RECEIVED BY YOU THROUGH OR ADVERTISED ON THE HEALTHIEST YOU SITE OR RECEIVED BY YOU THROUGH ANY REFERENCE SITES.
D. Limitations by Applicable Law. CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF YOU RESIDE IN SUCH A JURISDICTION, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. THE LIMITATIONS OR EXCLUSIONS OF WARRANTIES, REMEDIES, OR LIABILITY CONTAINED IN THESE TERMS APPLY TO YOU TO THE FULLEST EXTENT SUCH LIMITATIONS OR EXCLUSIONS ARE PERMITTED UNDER THE LAWS OF THE JURISDICTION IN WHICH YOU ARE LOCATED.
E. Basis of the Bargain. YOU ACKNOWLEDGE AND AGREE THAT HEALTHIEST YOU HAS OFFERED ITS PRODUCTS AND SERVICES 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 HEALTHIEST YOU, AND THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND HEALTHIEST YOU. YOU ACKNOWLEDGE AND AGREE THAT HEALTHIEST YOU WOULD NOT BE ABLE TO PROVIDE THE HEALTHIEST YOU SITE TO YOU ON AN ECONOMICALLY REASONABLE BASIS WITHOUT THESE LIMITATIONS.
NOTICES AND CONTACT INFORMATION
Except as otherwise provided in these Terms, Healthiest You will give you any notices by posting them on the Site. Since notice of any material change to the Terms will be posted to the Site for at least 30 days, we encourage you to visit the Site at least that often. You also authorize Healthiest You to send notices (including notice of subpoenas or other legal process, if any) via electronic mail to either your email account that we have on record for you. You must check the Site for notices, and you will be considered to have received a notice when it is made available to you by posting on the Site or when sent by via electronic mail, whether or not received by you.
A. No Agency; No Third Party Beneficiary. These Terms do not create any agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship. Except for the Indemnified Persons, there are no third party beneficiaries of these Terms. You further acknowledge that by submitting User Submissions or other Non-Healthiest You Content, no confidential, fiduciary, contractually implied or other relationship is created between you and Healthiest You other than pursuant to these Terms.
B. Severability. If any part of the Terms is held by a court of competent jurisdiction to be invalid or unenforceable, the invalid or unenforceable part will be given effect to the greatest extent possible and the remainder will remain in full effect, provided that the allocation of risks described in these Terms is given effect to the fullest extent possible.
C. Assignment. These Terms are personal to you and you may not transfer, assign or delegate them to anyone. Any attempt by you to assign, transfer or delegate these Terms will be null and void. Healthiest You has the right to transfer, assign and delegate these Terms to one or more third parties without Your permission, including through a reorganization, reincorporation, change of control of Healthiest You or sale of Healthiest You assets.
D. Jurisdiction; Choice of Law; Export Limitations. This Site is controlled by us from our offices in the United States of America and is directed to U.S. users. If you access the Site from locations outside the U.S., you do so at your own risk and you are responsible for compliance with applicable local laws. You may not use or export anything from the Site in violation of U.S. export laws and regulations or the Terms. These Terms and all performances and claims of every nature between us are governed by the laws of the State of California, U.S.A., without regard to any conflicts of laws principles that would result in the application of the law of a different jurisdiction. You and Healthiest You submit to the exclusive personal jurisdiction and venue of the state and federal courts located within San Francisco County, California.
E. Entire Agreement. These Terms (including terms incorporated into them) and any policies and guidelines posted to the Site comprise the entire agreement between you and Healthiest You with respect to the use of the Site and supersede all contemporaneous and prior agreements between the parties regarding the subject matter contained herein, and neither party has relied on any representations made by the other that are not expressly set forth in the Entire Agreement.
F. No Waiver. The failure of any party to exercise or enforce any right or provision of these Terms, including any failure to act with respect to a breach, will not constitute a waiver of such right or provision or that party's right to act with respect to subsequent or similar breaches. We suggest that you print out a copy of these Terms for your records.
G. Survival. Sections 3, 4B, 5A-5C, 8, and 11-17 will survive any termination of these Terms or your account whether by you or Healthiest You.
H. Headings. The heading references herein are for convenience purposes only, do not constitute a part of these Terms, and shall not be deemed to limit or affect any of the provisions hereof.
DIGITAL MILLENNIUM COPYRIGHT ACT AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
A. Notice of Infringing Material. It is Healthiest You's policy to respond to clear notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act ("DMCA"). In addition, we will promptly terminate without notice the accounts of those determined by us to be "repeat infringers". If you are a copyright owner or an agent thereof, and believe that any User Submission or other Non-Healthiest You Content infringes upon your copyrights, you may submit a notification pursuant to the DMCA by providing our Copyright Agent with the following information in writing (see 17 U.S.C § 512(c)(3) or consult your own legal counsel to confirm these requirements):
(i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
(ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the Site are covered by a single notification, a representative list of such works from the Site;
(iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Healthiest You to locate the material;
(iv) Information reasonably sufficient to permit Healthiest You to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
(v) A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
(vi) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Please note that under Section 512(f) of the DMCA, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability. You may submit your notification of alleged copyright infringement to our Designated Copyright Agent indicated below.
B. Counter Notification. If you elect to send us a counter notice, to be effective it must be a written communication that includes the following (please consult your legal counsel or See 17 U.S.C. Section 512(g)(3) to confirm these requirements):
(i) A physical or electronic signature of the subscriber;
(ii) Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
(iii) A statement under penalty of perjury that the subscriber has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and
(iv) The subscriber's name, address, and telephone number, and a statement that the subscriber consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the subscriber's address is outside of the United States, for any judicial district in which Healthiest You may be found, and that the subscriber will accept service of process from the person who provided notification under subsection (c)(1)(C) or an agent of such person.
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. You may submit your counter notifications to alleged copyright infringement to our Designated Copyright Agent indicated below.
C. Designated Copyright Agent. Healthiest You’s Designated Copyright Agent for copyright issues relating to Site is as follows:
1957 Landings Drive
Mountain View, CA
If you have a complaint, or questions about these terms, you may contact us at Healthiest You, 120 Second Street San Francisco, CA U.S.A. If you are a California resident, the Complaint Assistance Unit of the Division of Consumer Services of the Dept. of Consumer Affairs may be contacted at 400 R Street, Sacramento, CA 95814 or (800) 952-5210.