Terms and Conditions
- This Website is for Informational Purposes Only and Does Not Provide Medical Advice.
- Use of Services and Prohibited Activities.
- Message Boards, Chat Rooms and Posting Guidelines.
- Commercial Transactions.
- Third Party Content.
- Sweepstakes, Contests and Games.
- Accounts, Passwords and Security.
- Linking to the Website.
- Disclaimer Regarding Linked Third Party Website.
- Dealings with Third Parties.
- Disclaimer of Warranties.
- Limitation of Liability.
- Jurisdictional Issues.
- Termination and General Information.
- Copyright Policy.
1. This Website is for Informational Purposes only and Does Not Provide Medical Advice.
The website and Services offer health, fitness and nutrition related information, but are designed for non-commercial, informational purposes only. YOU SHOULD NOT RELY ON THIS INFORMATION AS A SUBSTITUTE FOR, NOR DO THEY REPLACE, PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS OR TREATMENT. IF YOU HAVE ANY CONCERNS OR QUESTIONS ABOUT YOUR HEALTH OR THE CONTENT ON THE WEBSITE OR SERVICES, YOU SHOULD ALWAYS CONSULT WITH A PHYSICIAN OR OTHER HEALTH-CARE PROFESSIONAL. DO NOT DISREGARD, AVOID OR DELAY OBTAINING MEDICAL OR HEALTH RELATED ADVICE FROM YOUR HEALTH-CARE PROFESSIONAL BECAUSE OF SOMETHING YOU MAY HAVE READ ON THE SITE OR SERVICES. THE USE OF ANY INFORMATION PROVIDED ON THE WEBSITE OR SERVICES IS SOLELY AT YOUR OWN RISK. Nothing stated or posted on the Website or available through any services is intended to be, and must not be taken to be, the practice of medical or counseling care. For purposes of this agreement, the practice of medicine and counseling includes, without limitation, psychiatry, psychology, psychotherapy, the practice of pharmacy, nutrition and fitness counseling or providing health care treatment, instructions, diagnosis, prognosis or advice. Developments in medical research may impact the health, fitness and nutritional topics discussed on the website or through the services and no assurance can be given that the information contained in the website or the services will always include the most recent findings or developments with respect to the particular material. Your access or use of the website and the services does not create in any way a physician/patient, confidential, or privileged relationship, or any other relationship that would give rise to any duties on our part. We do not recommend or endorse any specific tests, physicians, clinics, procedures, opinions, products or other information that may appear on the website or services. If you rely on any of the information provided by this website or the services, our employees, or guests or visitors, you do so solely at your own risk.
2. Use of Services and Prohibited Activities.
In addition, you agree to comply with our Posting Guidelines below.
3. Message Boards, Chat Rooms and Posting Guidelines.
We host message boards, chats and other public forums on our Website and through the Services. Message boards, chats and other public forums are intended to serve as discussion centers for users and subscribers. These are public forums and any information that you post on the Website of through the Services may be seen by anyone on the Internet. When posting information on the Website or through the Services use good taste when discussing sensitive topics and treat others with respect. Be fair and informative. Post honest and valuable information and don’t post rumors or negative opinions that are not supported by facts. In addition to the prohibited activities described above, when posting information and media on the Website or through the Services you must not:
- Post or transmit any message, information, data, text, software, link, image or other content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene or otherwise objectionable or which may invade another person’s right of privacy or publicity;
- Upload or transmit any material that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party or otherwise post content that does not belong to you;
- Impersonate any person or entity or otherwise misrepresent your affiliation with such a person or entity;
- Post or transmit any unsolicited advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes” or any other form of solicitation;
- Post or upload personal information, pictures, videos or any other media of another person without their express permission;
- Delete or revise any material posted by any other person or entity; or
- Post or upload any content or information unless it is your own work or creation or you have acquired any necessary license, authorization or permission needed to post or upload such information or content.
Any user failing to comply with these guidelines may be expelled from and refused continued access to, the message boards, chats or other public forums in the future. We or our designated agents may remove or alter any user-created content at any time for any reason. Materials posted and/or uploaded to the various public forums may be subject to size and usage limitations. You are responsible for adhering to such limitations. We expressly disclaim all responsibility and endorsement and make no representation as to the validity of any opinion, advice, information or statement made or displayed in these forums by third parties, nor are we responsible for any errors or omissions in such postings, or for hyperlinks embedded in any messages. Under no circumstances will we or our affiliates, suppliers or agents be liable for any loss or damage caused by your reliance on information obtained through these forums. The opinions expressed in these forums are solely the opinions of the participants, and do not reflect the opinions of ours or any of their subsidiaries or affiliates. We have no obligation whatsoever to monitor any of the content or postings on the message boards, chat rooms or other public forums. However, you acknowledge and agree that we reserve the right to monitor the same at our sole discretion. In addition, we reserve the right to alter, edit, refuse to post or remove any postings or content, in whole or in part, for any reason and to disclose such materials and the circumstances surrounding their transmission to any third party in order to satisfy any applicable law, regulation, legal process or governmental request and to protect ourselves, our clients, sponsors, users and visitors. By sending or transmitting to us content, images, video, audio files, creative suggestions, ideas, notes, concepts, information, or other materials (collectively, “Submission Materials”), or by posting such Submission Materials on the Website, you hereby grant to us and our designers a worldwide, non-exclusive, sublicenseable, assignable, royalty-free, perpetual, irrevocable right to use, reproduce, distribute, modify, create derivative works of, publicly perform, publicly display, digitally perform, sell, offer for sale and import such Submission Materials in any media now known or hereafter devised, for any purpose whatsoever, commercial or otherwise, without compensation to you. The foregoing license shall be fully paid-up and royalty free. You represent and warrant that any person or entity named or pictured in such Submission Material has provided any necessary licenses, rights or authorizations to allow us to use of such Submission Materials in accordance with such license. None of the Submission Materials disclosed or posted via message boards, chats or other public forums shall be subject to any obligation, whether of confidentiality, attribution or otherwise.
4. Commercial Transactions.
Certain products or services may be offered for sale on the Website or through the Services. In the event you wish to purchase or to subscribe for any of these products or services, you will be asked by us or an authorized third party to supply certain information, including without limitation, your full name, address, telephone number and credit card information. You agree to provide us or such third party with the foregoing information as well as any other mandatory information that is accurate, complete and current, and to comply with the terms and conditions of any agreement that you may enter into governing your purchase of the product or service. You shall be responsible for all charges incurred through your account as well as for paying any applicable taxes. By providing your credit card number and associated payment information to us, you agree that we, and/or our third party service providers are authorized to immediately invoice your account for all fees and charges due and payable to us as a result of your order, including but not limited to service fees, subscription fees or any other fee or charge associated with your access to the services and/or purchase of products. In the event that access to an applicable service requires a recurring payment, you agree that we (or our third party payment service provider) may automatically invoice your account at the beginning of each recurring period. We reserve the right to increase charges and fees, or to institute new charges or fees at any time, upon reasonable advance notice communicated to you through a posting on the applicable Site or such other means as we may deem appropriate from time to time (including electronic mail or conventional mail). You agree to immediately notify us of any change in your billing address or the credit card used for payment hereunder. Your right to use a paid service or a specific product is conditional upon our receipt of payment. If payment cannot be charged to your credit card or if a charge is refunded for any reason, including charge back, we reserve the right to either suspend or terminate your access and account. You agree that in the event we are unable to collect the fees you owe us for the products or services specified in your order, we may take any other steps we deem necessary to collect such fees from you, and that you will be responsible for all costs and expenses incurred by us in connection with such collection activity, including collection fees, interest, court costs and attorneys’ fees.
5. Third Party Content.
Any opinions, advice, statements, services, offers or other information or content expressed or made available by third parties, including information providers, are those of the respective authors or distributors, and not ours. Neither we nor any third-party content providers guarantee the accuracy, completeness or usefulness of any content. Furthermore, we do not endorse or are responsible for the accuracy and reliability of any opinion, advice or statement made on any of the Website or Services by anyone other than an authorized by us while acting in his/her official capacity. You may be exposed through the Website or Services to content that violates our policies, is sexually explicit or is otherwise offensive. You access the Website and Services at your own risk. We take no responsibility for your exposure to third party content on the Website or the Services. We do not assume, and expressly disclaim, any obligation to obtain and include any information other than that provided to it by its third party sources. It should be understood that we do not advocate the use of any product or procedure described in the Website or through the Services, nor are we responsible for misuse of a product or procedure due to typographical error.
6. Sweepstakes, Contests and Games.
We often include sweepstakes, contests and games on the Website. The rules, regulations and procedures governing any of the foregoing shall be accessible through a hypertext link prominently displayed on the page where the sweepstake, contest or game may be located. By entering or participating in any of them, you agree to be subject to those rules, regulations and procedures. Please remember to read the rules carefully before participating.
7. Accounts, Passwords and Security.
If the Website or Services require you to open an account, you must complete the registration process by providing us with current, complete and accurate information, as prompted by the applicable registration form. You acknowledge that by providing any information to us, which is untrue, inaccurate, not current or incomplete, we reserves the right to terminate your access and use of the Website and/or the Services. As part of the registration process, you will be asked to select a username and password. You are entirely responsible for maintaining the security and confidentiality of your account and password. FURTHERMORE, YOU ARE ENTIRELY RESPONSIBLE FOR ANY AND ALL ACTIVITIES AND CONDUCT, WHETHER BY YOU OR ANYONE ELSE, THAT ARE CONDUCTED THROUGH YOUR ACCOUNT. You agree to notify us immediately of any unauthorized use of your account or any other breach of security. We are not liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. You may be held liable for any losses incurred by us or another party due to someone else using your account or password.
8. Linking to the Website.
We reserve the right to disallow you to link to the Website at any time in our sole discretion. If we exercise such right, you agree to immediately remove and disable any and all of your links to the Website. In the absence of a written agreement with us specifying how you may link to the Website, use the following guidelines for adding one or more links to the Site from your website:
- The link must be a text-only link that clearly includes the URL of the applicable Site;
If the link points to any page on the Site other than the home page, the text link must also include the title of the target landing page.
- The appearance, position and other aspects of the link may not be such as to damage or dilute the goodwill associated with our good name and trademarks;
- The appearance, position and other aspects of the link may not create the false impression that an entity is associated with, sponsored by, or endorsed by us;
- The link, when activated by a user, must display the Site full-screen and not within a “frame” on the linking website and linking may not trigger any interstitial or pop-up or pop-under windows; and
- The link may not be used in connection with or appear on a website that a reasonable person might consider offensive, obscene, defamatory or otherwise malicious.
9. Disclaimer Regarding Linked Third Party Website.
The links on any of the Website and/or Services will let you leave the particular Site or Service you are accessing in order to access a linked third party site (the “Linked Website”). We provide these links as a convenience, but we neither control nor endorse these Linked Website, nor has we reviewed or approved the content which appears on the Linked Website. We are not responsible for the legality, accuracy or inappropriate nature of any content, advertising, products, services or other materials on or available from any Linked Website. You acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of any of the links, content, goods or services available on or through the Linked Website.
10. Dealings with Third Parties.
Your participation, correspondence or business dealings with any third party found on or through our Website and Services, including, without limitation, advertisers and other users, regarding payment and delivery of specific goods and services, and any other terms, conditions, representations or warranties associated with such dealings, are solely between you and such third party. You agree that we shall not be responsible or liable for any loss, damage, or other matters of any sort incurred as the result of such dealings.
12. Disclaimer of Warranties.
THIS WEBSITE AND THE SERVICES, AND ANY CONTENT, TOOLS, PRODUCTS OR SERVICES DISPLAYED, ACCESSED OR OBTAINED ON OR THROUGH THE WEBSITE AND SERVICES ARE PROVIDED “AS IS”, “AS AVAILABLE”, AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE AND THEIR AFFILIATES, SUPPLIERS, AND AGENTS DO NOT WARRANT AND EXPRESSLY DISCLAIM THAT: (i) YOUR USE OF THE WEBSITE AND/OR SERVICES AND ACCESS TO AND USE OF ALL OF THE TOOLS AND FEATURES THEREON WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, (ii) THAT ANY INFORMATION OBTAINED THEREIN IS ACCURATE, RELIABLE OR COMPLETE, (iii) THAT DEFECTS WILL BE CORRECTED, OR (iv) THAT ANY SOFTWARE, SERVICES, WEBSITE OR SERVER(S) ON WHICH THE WEBSITE OR SERVICES ARE HOSTED ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF THE WEBSITE AND THE SERVICES AND ANY INFORMATION OR MATERIALS PROVIDED ON OR THROUGH THE WEBSITE AND SERVICES ARE ENTIRELY AT YOUR OWN RISK. WE MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE PRODUCTS OR SERVICES SOLD OR ADVERTISED HEREIN OR ABOUT THE SATISFACTION OF GOVERNMENT REGULATIONS REQUIRING DISCLOSURE OF INFORMATION ON PRESCRIPTION DRUG PRODUCTS WITH REGARD TO THE CONTENT CONTAINED ON THE WEBSITE OR THROUGH THE SERVICES. WE MAKE NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO ANY TREATMENT, ACTION, OR APPLICATION OF MEDICATION OR THE INFORMATION OFFERED OR PROVIDED WITHIN OR THROUGH THE WEBSITE OR THE SERVICES.
13. Limitation of Liability.
WE, DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS OR SPONSORS ARE RESPONSIBLE OR LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS OR INJURY OR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO (i) THE USE OF OR INABILITY TO USE THE WEBSITE OR THE SERVICES; (ii) ANY CONTENT CONTAINED ON THE WEBSITE AND/OR THE SERVICES; (iii) STATEMENTS OR CONDUCT POSTED OR MADE PUBLICLY AVAILABLE ON THE WEBSITE AND/OR THE SERVICES; (iv) ANY PRODUCT OR SERVICE PURCHASED OR OBTAINED THROUGH THE WEBSITE OR SERVICES; (v) ANY ACTION TAKEN IN RESPONSE TO OR AS A RESULT OF ANY INFORMATION AVAILABLE ON THE WEBSITE OR THE SERVICES; (vi) ANY DAMAGE CAUSED BY LOSS OF ACCESS TO, DELETION OF, FAILURE TO STORE, FAILURE TO BACK UP, OR ALTERATION OF ANY CONTENT ON THE WEBSITE OR THE SERVICES; OR (vii) ANY OTHER MATTER RELATING TO THE WEBSITE AND/OR THE SERVICES. IN NO EVENT SHALL THE TOTAL LIABILITY OF OURS TO YOU FOR ANY AND ALL DAMAGES, LOSSES, AND CAUSES OF ACTION EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR USING ANY OF THE WEBSITE OR THE SERVICES. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent that we may not, as a matter of applicable law, disclaim any implied warranty or limit liabilities, the scope and duration of such warranty and the extent of our liability will be the minimum permitted under such applicable law.
15. Jurisdictional Issues.
We make no representation or warranty that the content and materials on the Website or the Services are appropriate or available for use in locations outside the United States. Those who choose to access the Website or use the Services from other locations do so on their own initiative and at their own risk, and are responsible for compliance with local laws, if and to the extent applicable. We reserve the right, at any time in our sole discretion, to limit the availability and accessibility of the Website or the Services to any person, geographic area or jurisdiction we so desire, and to limit the quantities of any such service or products that we provide.
16. Termination and General Information.
17. Copyright Policy.
The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under the U.S. copyright law. If you believe in good faith that materials hosted by us infringe your copyright, you or your agent may send to us a notice requesting that the material be removed or access to it be blocked. Any notification by a copyright owner or a person authorized to act on its behalf that fails to comply with requirements of the DMCA shall not be considered sufficient notice and shall not be deemed to confer upon us actual knowledge of facts or circumstances from which infringing material or acts are evident. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send to us a counter-notice. All notices and counter notices must meet the then current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright for details. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide our Copyright Agent the following information:
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- identification of the copyrighted work that you claim has been infringed;
- identification of where the material that you claim is infringing is located on the Site or
- Service reasonably sufficient to permit us to locate the material;
- Information reasonably sufficient to permit us to contact you, such as an your address, telephone number and, if available, your email address;
- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
- a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Our Copyright Agent for notice of claims of copyright infringement or counter notices can be reached as follows. E-mail for notice: [email protected]. We suggest that you consult your legal adviser before filing a notice or counter-notice. Also, be aware that there can be penalties for false claims under the DMCA.