Last updated July 3, 2017
YOU ACKNOWLEDGE AND AGREE THAT BY ACCESSING OR USING THE WEBSITE OR SERVICE, OR BY DOWNLOADING OR POSTING ANY CONTENT FROM OR THROUGH THE WEBSITE, YOU ARE INDICATING THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS.
The Website and Service enable persons (“Users”) to access and browse the Website and upload User Submissions (as defined below).
2. No Medical Advice
USE OF THE WEBSITE AND SERVICE IS NOT MEANT TO SERVE AS A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE. THE WEBSITE MAY CONTAIN GENERAL INFORMATION ABOUT NUTRITION, HEALTH, BEAUTY AND WELLNESS, AS WELL AS, STATEMENTS OR QUOTES FROM PROFESSIONALS IN THE HEALTH FIELD. THE INFORMATION ON THIS WEBSITE IS NOT DESIGNED TO, AND DOES NOT, PROVIDE MEDICAL ADVICE, DIAGNOSIS, TREATMENT OR ANY OTHER MEDICAL SERVICES. IT IS NOT A SUBSTITUTE FOR MEDICAL OR PROFESSIONAL CARE, AND YOU SHOULD NOT USE THE INFORMATION ON THIS WEBSITE IN PLACE OF A VISIT, CONSULTATION OR THE ADVICE OF YOUR PHYSICIAN OR OTHER HEALTHCARE PROVIDER. YOUR PHYSICIAN OR HEALTH CARE PRACTITIONER SHOULD ADDRESS ANY AND ALL MEDICAL QUESTIONS, CONCERNS AND DECISIONS REGARDING THE POSSIBLE TREATMENT OF ANY MEDICAL CONDITION. COMPANY DOES NOT GIVE OR INTEND TO GIVE ANY ANSWERS TO MEDICAL RELATED QUESTIONS. THE WEBSITE AND SERVICE DO NOT REPLACE ANY MEDICAL PROFESSIONAL OR MEDICAL RESOURCE. COMPANY DOES NOT REPRESENT ITSELF AS A PHYSICIAN NOR IS THIS IMPLIED. NEVER DISREGARD PROFESSIONAL MEDICAL ADVICE OR DELAY SEEKING IT BECAUSE OF ANYTHING ON OR ASSOCIATED WITH THE WEBSITE.
IF YOU THINK YOU MAY BE HAVING A MEDICAL EMERGENCY, CALL 911 OR YOUR PHYSICIAN IMMEDIATELY.
a. Grant. Subject to your compliance with these Terms, you are granted a limited, revocable, non-exclusive, non-transferable license to access and use the Website on a computer, tablet device or mobile phone that you own or control.
b. Ownership. All materials (excluding “User Submissions” and “Third Party Content” as defined below) contained on, in, or available through the Website and Service, including all information, data, text, sound, photographs, graphics, the selection and arrangement thereof, and all source code, software compilations, trademarks, service marks, trade dress and other intellectual property rights, including but not limited to copyrights, and all derivative works thereof associated therewith, whether registered or not, are our sole property (collectively, “Company Content“) and are protected by copyright , trademark and other intellectual property laws and may not be copied or imitated in whole or in part by you, unless as explicitly stated under these Terms. The Company Content may also be protected as a collective work or compilation under U.S. copyright and other laws and treaties. You agree to abide by all applicable copyright and other laws. We do not convey, through allowing access to the Website or Service, any ownership rights in the Company Content. These Terms will govern any upgrades provided by us that replace and/or supplement the original Website or Service, unless such upgrade is accompanied by separate terms in which case such updated Terms will govern.
c. Limitations. You may not create, develop, license, install, use, or deploy any third party software or services to circumvent, enable, modify or provide access, permissions or rights to work around any technical limitations in the Website or Service. You may not copy (except as expressly permitted by these Terms) or publish the Website for others to copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, or modify, or create derivative works of the Website or Service, or any updates, or part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open source components included with the Website, if any). Any attempt to do so is a violation of our rights and may subject you to the payment of damages and other actions. You may not use the Website or Service in any manner not specifically authorized hereunder or that is against any applicable law or regulation.
You represent and warrant that: (i) you are at least eighteen (18) years old, (ii) you are accessing the Service from the U.S., (iii) you have the right, capacity and authority to be bound by these Terms, and (iv) you will abide by all these Terms.
5. User Submissions
The Service may enable you to submit and post content on the Website or submit content to Company that Company may post, which may include personal information, messages, questions, reviews and ratings (“User Submission(s)”). You acknowledge and agree that you are solely responsible for any User Submission that you transmit, send or display through the Service and we are not responsible to you or any third party for any User Submission that is transmitted or shared by you or any other User. By uploading, publishing, modifying or displaying User Submissions to any part of the Service, you automatically grant, and you represent and warrant that you have the right to grant, to us an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part), transmit, and distribute such User Submission for any purpose in any media now known or hereafter developed.
You represent and warrant that: (i) you are either the sole and exclusive owner of all User Submissions that you make available through the Service or you have all rights, licenses, consents and releases that are necessary to grant to Company the rights in such User Submissions, as contemplated under these Terms; and (ii) neither the User Submission nor your posting, uploading, publication, submission or transmittal of the User Submission or Company’s use of the User Submission (or any portion thereof) on, through or by means of the Service will (a) infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy, or (b) result in the violation of any applicable law or regulation, including but not limited to any applicable privacy and data security laws and regulations. You retain sole responsibility for your individual compliance with all applicable laws.
You understand and agree that we do not verify or vouch for any User Submission and if we determine in our sole discretion that any User Submission is inaccurate, was posted or uploaded without authorization, or otherwise does or may violate these Terms or applicable laws, we reserve the right, at any time, without prior notice and without limiting any and all other rights we may have, at law or in equity, to (a) modify, refuse, or remove the User Submission; (b) revoke the applicable User’s right to use the Service; and/or (c) use any technological, legal, operational, or other means available to us to enforce the provision of these Terms. In addition, notwithstanding anything to the contrary contained in these Terms, we may take-down or delete any User Submission for any or no reason without prior notice to you and without liability.
The Website and Service are controlled and operated by Company from the United States, and are not intended to subject Company or its affiliates to the laws or jurisdiction of any state, country or territory other than that of the United States. Company does not represent or warrant that the Website or Service or any part thereof are appropriate or available for use in any jurisdiction other than the United States.
There is no charge to access and browse the Website. However, charges for Internet or telecommunication use may apply at rates that are determined by the providers of such services. In order to access and browse the Website, you are required to have a compatible computer, tablet device or mobile telephone, internet access, mobile network access, and an Android or iOS operating system. The software for the Website may be upgraded from time to time to add support for new functions and services.
8. Rules of Conduct
In connection with your use of the Service, you will not: (i) transmit or communicate any data or information that is unlawful, harmful, false, misleading, threatening, abusive, harassing, stalking, defamatory, vulgar, obscene, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable; (ii) upload or input to the Service any information which contains software viruses, or any computer code, files or programs designed to interrupt, destroy or limit the functionality of the Service, any computer software or hardware or telecommunications equipment; (iii) impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity; (iv) use the Service for any unlawful or unsafe purposes; (v) forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted to other Users; (vi) violate any applicable local, state, federal or international law and any regulations requirements, procedures or policies; (vii) use any automated means, including, without limitation, agents, robots, scripts, or spiders, to access, monitor, or copy any part of the Service; (viii) transmit, access or communicate any content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under non-disclosure agreements); (ix) monitor traffic on the Service, obtain or accumulate personal information about other Users, or collect or store personal data about other Users; (x) modify, delete or damage any information contained on the mobile device or personal computer of any other Users; (xi) infringe on the rights of any third party, including but not limited to trademark, copyright or the rights of publicity; (xii) use the Service in any manner that in our sole judgment, adversely affects the performance or function of the Service or interferes with the ability of other Users to access or utilize the Service; or (xiii) undertake any acts not expressly permitted under the Terms. You warrant and represent that you undertake to use the Service only for purposes that are in strict compliance with (a) the Terms and the license granted hereunder, and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions and you shall take no actions which would cause us to be in violation of any applicable law, ruling or regulation.
We reserve the right to suspend or cease providing the Website and/or Service, with or without notice, and we shall have no liability or responsibility to you if we do so.
10. Electronic Communications
When you visit the Website or send e-mail to the Company, you are communicating with Company electronically. Company will communicate with you by e-mail or by posting notices on the Website. You agree that all notices, disclosures, and other communications that Company makes electronically satisfy any legal requirement that such communications be in writing and be delivered to you. If you do not agree to receive electronic communications, stop using the Services and/or the Website.
11. Third Party Content
12. Disclaimer of Warranties
THE WEBSITE AND SERVICE ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITATION OF THE FOREGOING, THE COMPANY AND COMPANY PARTIES SPECIFICALLY DISCLAIM, FOR THE AVOIDANCE OF DOUBT ANY AND ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO: (i) ANY AND ALL WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, RELIABILITY, SECURITY, TIMELINESS, QUALITY, USEFULNESS, INTEROPERABILITY OR CONTENT OF THE WEBSITE OR SERVICE; (ii) ANY AND ALL WARRANTIES OF TITLE, OF NON-INFRINGEMENT, OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE REGARDING THE WEBSITE OR SERVICE; OR (iii) ANY AND ALL WARRANTIES REGARDING THE PROVISION OF THE SERVICE. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES, INJURY OR DEATH CAUSED BY THE WEBSITE OR SERVICE, INCLUDING WITHOUT LIMITATION AS A RESULT OF ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORT, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. WE DO NOT WARRANT OR GUARANTEE THAT THE WEBSITE OR SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE OR THAT DEFECTS IN THE WEBSITE OR SERVICE WILL BE CORRECTED. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. YOU ASSUME THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF THE WEBSITE AND SERVICE.
13. Limitation of Liability
IN NO EVENT WILL COMPANY OR ITS OFFICERS, DIRECTORS, EMPLOYEES, MEMBERS, PARENTS, AFFILIATES, SUCCESSORS, ASSIGNS, AGENTS OR REPRESENTATIVES (“COMPANY PARTIES”) BE LIABLE TO ANY PARTY (i) FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF BUSINESS PROFITS, LOSS OF INFORMATION, LOSS OF PROFITS AND THE LIKE), OR ANY OTHER DAMAGES ARISING IN ANY WAY OUT OF THE AVAILABILITY, USE, RELIANCE ON, OR INABILITY TO USE THE WEBSITE OR SERVICE, EVEN IF YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE; OR (ii) FOR ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN, OR DESTRUCTIVE PROPERTIES OF ANY OTHER SOFTWARE OR OTHER CONTENT INCLUDED AS PART OF THE WEBSITE OR SERVICE. GIVEN THAT SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES, IN SUCH STATES OR JURISDICTIONS, OUR LIABILITY AND THE COMPANY PARTIES’ LIABILTIY SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW. IN NO EVENT WILL COMPANY’S OR THE COMPANY PARTIES’ AGGREGATE LIABILITY WITH RESPECT TO THE USE OF THE WEBSITE OR SERVICE EXCEED THE AMOUNT OF $25.00 U.S. DOLLARS.
THE LIMITATIONS SET FORTH HEREIN ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN YOU AND COMPANY. THE COMPANY WOULD NOT BE ABLE TO PROVIDE YOU WITH THE SERVICES WITHOUT SUCH LIMITATIONS. LINKS AND/OR ADVERTISEMENTS MAY BE PROVIDED ON THE WEBSITE TO OTHER WEBSITES OR ENTITIES. THE COMPANY ASSUMES NO RESPONSIBILITY OF ANY KIND FOR THE CONTENT, AVAILABILITY OF OR PRODUCTS OF THESE OTHER WEBSITES OR ENTITIES OR THE USE THEREOF. BY PROVIDING LINKS TO OTHER WEBSITES, IT IS UNDERSTOOD THAT COMPANY DOES NOT ENDORSE SUCH WEBSITES, ITS CONTENT OR ANY RELATED PRODUCTS OR SERVICES. COMPANY IS NOT LIABLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE WEBSITE OR SERVICE. TO THE MAXIMUM EXTENT PROVIDED BY LAW, UNDER NO CIRCUMSTANCES WILL COMPANY BE LIABLE FOR ANY LOSS OR DAMAGE, INCLUDING PERSONAL INJURY OR DEATH, RESULTING FROM ANY USE OF THE WEBSITE OR SERVICE, THE INFORMATION PROVIDED ON THE WEBSITE, ANY CONTENT POSTED ON THE WEBSITE, ANY CONTENT TRANSMITTED TO USERS, OR ANY INTERACTIONS BETWEEN OR AMONG USERS OF THE WEBSITE OR SERVICE, WHETHER ONLINE OR OFFLINE.
IF YOU HAVE A DISPUTE WITH ONE OR MORE USERS OF THE SERVICE, YOU RELEASE COMPANY AND THE COMPANY PARTIES FROM ALL CLAIMS, DEMANDS AND DAMAGES OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES.
By using the Service, you agree to defend, indemnify and hold Company and the Company Parties harmless from any and all claims, actions, liabilities, damages, costs and expenses, including reasonable attorneys’ fees, arising out of or in any way related to: (a) your use of the Website or the creation, placement or transmission of any message, information, software or other materials through the Service by you; (b) any violation of these Terms by you; (c) your violation of the rights of any third party; or (d) your gross negligence or willful misconduct (collectively, “Indemnified Matters”). We shall control the defense of any Indemnified Matters through counsel of our choice.
15. Equitable Relief
You understand and agree that due to the nature of the harm it would cause to Company if there were any unauthorized use of the Company Content, in addition to such other remedies which may be available to it hereunder, at law or in equity, Company may seek and obtain immediate injunctive relief enjoining such unauthorized use of the Company Content. You hereby waive any requirement that Company post a bond in seeking equitable relief. Company shall be entitled to recover from you all legal fees (including attorneys’ fees), costs and other expenses which Company incurs in connection with its enforcement of the provisions of these Terms.
17. Copyright Infringement
We respect the intellectual property rights of others, and require that people who use the Service do the same. It is our policy to respond to notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act. For more information, please see our DMCA Policy at the bottom of these Terms.
18. Governing Law
The Terms shall be governed by and construed under the laws of the State of New York applicable to agreements made and fully performed therein. You consent to the exclusive jurisdiction and venue of the federal and state courts located in the County and State of New York for any action arising out of or relating to these Terms.
19. Entire Agreement
These Terms constitute the entire agreement between you and us with respect to the use of the Website and Service, and supersede all discussions, communications, conversations and agreements concerning the subject matter hereof.
You shall not transfer, assign, sublicense nor pledge in any manner whatsoever, any of your rights or obligations under these Terms. We may transfer, assign, sublicense or pledge in any manner whatsoever, any of our rights and obligations under these Terms to a subsidiary, affiliate, or successor thereof or to any third party whatsoever, without notifying you or receiving your consent.
21. Amendment to Terms
Company may update or amend these Terms from time to time. Amendments shall be effective upon posting on the Website. You are responsible for regularly reviewing these Terms. Your continued access and use of the Service following such posting constitutes your consent to be bound by any amended Terms.
Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. In the event that any provision of these Terms is inoperative or unenforceable for any reason, such provision shall be enforced to the maximum extent permitted by law and the invalidity of such provision shall not affect the enforceability and validity of remaining provisions of the Terms. No independent contractor, partnership, joint venture or employer-employee relationship is intended or created. No action, regardless of form, which arises from or is related in any way whatsoever to these Terms, may be commenced by you more than twelve (12) months after such cause of action accrues. All notices and other communications under the Terms must be in writing and will be deemed to have been duly given when actually received. You may provide notices to us via email to: firstname.lastname@example.org or by writing to us at: Correy & Addington, LLC, P.O. Box 20701, New York, NY 10011.
If you have any questions regarding these Terms or the Website or Service, please contact us at: email@example.com.
Copyright © 2016 Correy & Addington, LLC. All rights reserved.