Healthe Website Terms of Use


 

Healthe Website Terms of Use

Thank you for visiting this website. We at Healthe LLC want this to be a positive experience for you and others. For that reason, we have put in place the following terms of use for this and other of our websites. Your access and use of this website is subject to the terms below. We hope you enjoy the content you find here. If you have questions or comments, you can contact us at the email address or mailing address found at the end of these terms. 

 

  1. Overview of our Terms of Use

These Terms of Use (“Terms”) govern the use of our websites, health-e.com and eyesafe.com (“Site” or “Sites” as applicable), as well as other website content, products, goods, services, promotions, software, technology and any other materials that we may provide through the Sites, as well as other services that link to, or contain references to, this document and are published or made available by Healthe LLC (“Healthe”, “we”, “us” or “our”) and our affiliates as applicable (all of the foregoing collectively referenced hereinafter as “Services”).Please read these Terms carefully.  These Terms do not govern sites, applications, destinations, or services linked to from the Sites or Services that we do not own or control.

You can access the Terms any time in the footer of the relevant Site’s home page, via the menu button or on the Site description screen, or as otherwise indicated depending on the Services you are using.  BY ACCESSING, VISITING OR USING THE SITES OR SERVICES, YOU CONSENT TO THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, PLEASE IMMEDIATELY CEASE USE OF THE SITES AND ANY OTHER OF THE SERVICES GOVERNED BY THESE TERMS. WE ADVISE THAT YOU PRINT OR RETAIN A DIGITAL COPY A COPY OF THESE TERMS FOR FUTURE REFERENCE.

In addition to reviewing the Terms, please also review our Privacy & Cookie Policy (“Privacy Policy”) and any other terms and conditions that may be posted elsewhere in the Site or otherwise communicated to our users through the Sites or Services, because the Privacy Policy and all such other terms and conditions are also part of the Agreement between you and us.

Additional terms will apply to the purchase of any products or Services from us, and such will be provided during the purchase process. Those terms may vary from the Terms provided herein.

The Sites and the Services are not intended for anyone under the age of 13. IF YOU ARE UNDER 18 YEARS OF AGE, YOU MUST ACCESS AND/OR USE THE SITES AND/OR SERVICES ONLY WITH THE INVOLVEMENT OF YOUR PARENT OR GUARDIAN.

  1. Changes to These Terms

We may in our sole and absolute discretion change these Terms or our Privacy Policy from time to time to comply with laws or to meet our changing business requirements. These revisions shall be effective for new users immediately upon being posted to the Services; however, for existing customers, the applicable revisions shall be effective 30 days after posting unless otherwise stated. If you do not agree with any of the changes, you must discontinue using any and all Services. By continuing to use our Sites or any other of our Services after any changes are posted, you expressly accept any applicable changes. Please note our employees, customer service representatives, or other agents are not authorized to modify any provision of these Terms, either verbally or in writing.

  1. Healthe Intellectual Property; Limited License to the Services

Our Sites, Services, products, information and other content (“Healthe Works”) are intellectual property owned by Healthe and are protected by the copyright laws of the United States and other countries. These Healthe Works are provided to you under license pursuant to the following terms, unless otherwise indicated expressly and in writing; you do not acquire any interest in any of the Healthe Works other than the rights licensed to you by the terms below.

For any Services that enable you to access, view, download, share or use in any other fashion the Healthe Works only after you become validly authorized by us, we grant you a limited, revocable, non-exclusive, non-sublicensable, non-transferable license to access and use the specific Healthe Works FOR YOUR PERSONAL, NON-COMMERCIAL USE ONLY.  None of these Healthe Works may be copied, shared, or distributed at any time except as expressly provided on the Sites or Services (for example, permissible downloading or sharing of any informational materials).

Any use of the Sites, Services and Healthe Works other than as specifically authorized by these terms, without our prior written permission is strictly prohibited and will automatically terminate the license granted herein without any further action by Healthe. Such unauthorized use may also violate applicable laws such as (but not limited to) copyright and trademark laws. This license is revocable at any time.

  1. Trademark Notices

The trademarks HEALTHE®, EYESAFE®, RPF®, RPF RETINA PROTECTION FACTOR® and other website marks, graphics, logos, designs, page headers, button icons, scripts and service names that we use are trademarks or trade dress of Healthe in the U.S. and/or other countries.  Healthe’s trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without the prior written permission of Healthe.  All other trademarks and logos on our Sites or other of our Services are the property of their respective owners.   

  1. User Content; User Conduct

You may only use the Sites and other Services for lawful purposes, and you must not use them in a way that infringes the rights of anyone else or that restricts or inhibits anyone else's enjoyment of any Services. In using any Services, and in particular, our Site, you expressly acknowledge you are prohibited from, and agree that you will not without our prior express written consent:

  1. copy, reproduce, or improperly use or access any content you access or obtain from the Sitesor the Services;
  2. modify, distribute, re-post or sell any content you access or obtain from the Sitesor the Services;
  3. circumvent or disable any content protection system or digital rights management technology used with any Services;
  4. decompile, reverse engineer, disassemble or otherwise reduce any Services to a human-readable form;
  5. remove identification, copyright or other proprietary notices in or on the Services
  6. use the content on our Sitesfor any commercial exploitation whatsoever.
  7. disrupt or interfere with the security of, or otherwise abuse, our Site, or any of our Services, system resources, accounts, servers, or networks connected to or accessible through the Sitesor affiliated or linked sites;
  8. access content, data or portions of our Sitesthat are not intended for you, or log onto a server or account that you are not authorized to access;
  9. attempt to probe, scan, or test the vulnerability of the Services, including websites, applications, or any associated system or network, or breach security or authentication measures without proper authorization;
  10. access any Services or our websites through any automated means, such as “robots,” “spiders,” or “offline readers”;
  11. interfere or attempt to interfere with the use of our websites or applications or the Services by any other user, host or network, including, without limitation by means of submitting a virus, overloading, "flooding," "spamming," "mail bombing," or "crashing";
  12. use any data mining, “scraping”, web crawling, robots, or similar data gathering and extraction methods on our websites;
  13. harass, “stalk”, disrupt or interfere with any other user's enjoyment of our websites or affiliated or linked sites;
  14. post or submit any content or other data that is libelous, defamatory, threatening, obscene, invasive of privacy, abusive, illegal, objectionable, fraudulent or will otherwise violate the rights of third parties;  
  15. upload, post, or otherwise transmit through or on our Sites any viruses or other harmful, disruptive, or destructive files;
  16. use, frame, or utilize framing techniques to enclose any Healthe trademark, logo, or other proprietary information (including the images found at our websites, the content of any text, or the layout/design of any page or form contained on a page) without Healthe’s express written consent;
  17. use meta tags or any other "hidden text" utilizing a Healthe name, trademark, or product name without Healthe’s express written consent;
  18. deeplink to our Sites without Healthe’s express written consent;
  19. create or use a false identity on our Sites, share your account information, or allow any person besides yourself to use your account to access our Sites;
  20. harvest or otherwise collect information about Healthe users, including email addresses and phone numbers;
  21. download, “rip,” or otherwise attempt to obtain unauthorized access to any Services, content or other materials; and
  22. post any copyrighted material unless the copyright is owned by you or unless you have an express license from the copyright owner permitting such posting.
  1. Content You Submit

In the event that one or more of our Sites permits submission of content (images, video, textual work, sound works, other data), you agree that any such submission will be in compliance with all terms herein.  As to content that you have ownership of (“Your Content”), you grant Healthe and our affiliates a non-exclusive, royalty-free, license to use, reproduce, publish, translate, distribute, broadcast and display Your Content throughout the world in any media. You also grant Healthe and our affiliates a right to adapt or modify such content as needed for certain display or broadcast reasons (for example, modification or re-sizing of images or video for a mobile browser or for accessibility reasons). We will not sell, or create derivative works from, Your Content without your express permission. You grant Healthe and our affiliates the right to use the name you submit in connection with Your Content, if we so choose.

Any content that you submit to us for our use in the delivery of products or professional services (for example, product development or sales) will be governed by separate terms between us.

  1. Third Party Links and Services

Our Sites and Services may contain links to other websites or services. These links are provided as a convenience to you and as an additional avenue of access to the information contained therein. We have not necessarily reviewed the information on those other sites and are not responsible for the content of those other sites or any products or services that may be offered through other sites. Inclusion of links to other sites should not be viewed as an endorsement of the content of linked sites. Further, your dealings with any third partiesfound on or through the Sites or Services, the purchase of goods or services, and any terms, conditions, warranties or representations associated with such activities, including privacy terms, are solely between you and the third party. You agree that Healthe will have no liability for any loss or damage of any kind incurred as a result of any activities you undertake in connection with the use of or reliance on any content, goods, services, information or other materials available, or through such third parties, through the Sites or Services.

  1. Privacy & Cookie Policy

As noted elsewhere herein, the data that we obtain from you through your use of any of the Services, is subject to our  Privacy & Cookie Policy (“Privacy Policy”). The Privacy Policy can be viewed on our Privacy Policy page. [insert link]The Privacy Policy contains terms and conditions that govern our collection and use of the information you provide to us, including our respective rights relative to that information. Please review the applicable Privacy Policy before you use the Services. If you are unwilling to accept the terms and conditions of the Privacy Policy, please do not use our Services.

  1. Medical Disclaimer

The Sites and Services are provided for informational purposes only and are not intended to diagnose any medical condition, replace the advice of a healthcare provider or provide any medical advice or treatment.  The information made available on or through the Sites and Services should not be relied upon when making medical or healthcare decisions. If you have a medical or healthcare concern, please seek appropriate medical care.

  1. Releases

You hereby release and discharge Healthe and any affiliates from any and all claims, suits, rights of action, losses, charges, damages, demands, debts or causes of action, in law or in equity, that you have, or may come to have, against the Healthe Affiliates, arising out of, or relating to, your use of the Services. You understand and agree that this Release is a condition precedent to your access to the Services. You acknowledge that you are aware of Section 1542 of the California Civil Code, which provides that “a general release does not extend to claims which the creditor [or claimant] does not know or suspect to exist in his/her favor at the time of executing the release, which, if known by him/her, must have materially affected his/her settlement with the debtor [or opposing party].” Nonetheless, it is your intent to release Healthe and the Healthe Affiliates, fully and finally. You hereby waive any benefits you may have pursuant to California Civil Code Section 1542 to the fullest extent permitted by law and assume the risk of any and all claims against Healthe and the Healthe Affiliates, or any of them, which you do not know or suspect to exist whether through ignorance, oversight, error or otherwise.

  1. Limitation of Liability

YOU UNDERSTAND AND AGREE THAT HEALTHE IS NOT LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, ANY LOSS OF USE, LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL, COST OF PROCUREMENT OF SUBSTITUTE SERVICES, OR ANY OTHER INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, HOWSOEVER CAUSED, AND ON ANY THEORY OF LIABILITY, WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), OR OTHERWISE RESULTING FROM: (1) THE USE OF, OR THE INABILITY TO USE, THE SITE OR SERVICES, (2) THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES OR PRODUCTS, (3) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA USE,(4) THE STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OR IN OUR SITE OR OTHER SERVICES, (5) RELIANCE ON CONTENT OR USER CONTENT OR POSTINGS ON OR IN OUR SITE OR SERVICES, OR (6) ANY OTHER MATTER RELATING TO OUR SITE OR SERVICES. THESE LIMITATIONS WILL APPLY WHETHER OR NOT HEALTHE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. EXCEPT AS REQUIRED BY THE INDEMNITY PROVISIONS HEREIN, IN NO EVENT WILL HEALTHE’S DIRECT LIABILITY HEREUNDER EXCEED $100.00.

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

  1. Indemnification

You agree to indemnify, defend and hold harmless, Healthe and our affiliates, our officers, directors, employees, contractors, agents, licensors and suppliers, from and against any and all losses, liabilities, expenses, damages and costs, including reasonable attorneys' fees and court costs, arising or resulting from any violation or breach of these Terms of Use. If you cause a technical disruption of any of our Services, or the Sites or the systems that the Services or Sitesare hosted on, you agree to be responsible for any and all losses, liabilities, expenses, damages and costs, including reasonable attorneys' fees and court costs, arising or resulting from that disruption.

  1. International Users

Our websites are controlled, operated, and administered by Healthe from its offices within the United States of America. We recognize that it is possible for you to obtain access to the Services and Sites from any jurisdiction in the world, but we have no practical ability to prevent such access. The Services and Sites have been designed to comply with the laws of the State of Minnesota and of the United States. Healthe makes no representation or warranty that the materials contained within our websites are appropriate or available for use at other locations outside of the United States, and access to them from territories where the contents or products available through the websites are illegal is prohibited.

By accessing or otherwise using the Sites and Services, you represent and warrant that: (a) your access to and use of the Services, or any content or software therein, will comply with any and all requirements in these Terms; (b) you are not located in a country that is subject to a U.S. government embargo, or that has been designated by the U.S. government as a terrorist supporting country, and that you are not listed on any U.S. government list of prohibited or restricted parties; and (c) you will comply with all applicable local, national, and international laws, rules, regulations and ordinances in connection with your use of any of our Sites or Services.

Privacy provisions applicable to persons in the EU may be found in our Privacy Policy.

  1. Governing Law; Dispute Resolution

As the Services and Sites are controlled by Healthe from Minnesota, you agree that Minnesota and U.S. law will apply regardless of your residence or the location where you use the Sites and Services. You irrevocably consent to the jurisdiction of the state and federal courts located in Hennepin County, Minnesota for any action to enforce these Terms of Use.

  1. Limitation of Actions Brought Against Healthe

You agree that any claim or cause of action arising out of your use of the Services or these Terms must be filed within one year after such claim or cause of action arose or it shall forever be barred, notwithstanding any statute of limitations or other law to the contrary. Within this period, any failure by Healthe to enforce or exercise any provision of this Agreement or related right shall not constitute a waiver of that right or provision.

If you have any questions or concerns with respect to the Sites, Services or these Terms, you may contact a representative of Healthe below or by mail.

Mail:       Healthe LLC

               10925 Valley View Rd.

               Suite 200

               Eden Prairie MN 55344