Ownership and Protection of Intellectual Property Rights
The contents of our Site are intended for the personal, noncommercial use of our users unless stated otherwise in a separate agreement between you and HEALTHE. All right, title and interest to the content displayed on our Site, including but not limited to the Site’s look and feel, data, information, text, graphics, images, sound or video materials, photographs, designs, trademarks, service marks, trade names, URLs and content provided by third parties (collectively, “Content”), are the property of HEALTHE (or the respective third parties, if so designated), and are protected by copyright, trademark, patent or other proprietary rights and laws.
Except as expressly authorized by HEALTHE, you agree not to copy, modify, rent, lease, loan, sell, assign, distribute, perform, display, license, reverse engineer or create derivative works based on the Site or any Content (including without limitation any software) available through the Site without written permission from HEALTHE. To share Content, you may link to it.
Changes to This Agreement
License Grant to Access Content on Our Site
You are hereby granted a personal, nonexclusive, nontransferable, nonassignable, revocable, limited license to view, reproduce, print, cache, store and distribute Content retrieved from our Site via a generally available consumer web browser, provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the HEALTHE Services or remove or obscure the copyright notice or other notices displayed on the Content. You may not reproduce, print, cache, store or distribute Content retrieved from the Site in any way, for any commercial use without the prior written permission of HEALTHE or the copyright holder identified in the relevant copyright notice.
Except as expressly provided in this Agreement, nothing contained in this Agreement or on the Site shall be construed as conferring any other license or right, expressly, by implication, by estoppel or otherwise, with respect to any of HEALTHE’s Content, Site or Services; or under any third party’s Content. Any rights not expressly granted herein are reserved.
If you choose to forward Content from the Site via email, you agree that you will only forward such content to willing recipients known to you and that you will not use such Services for engaging in spam or other unauthorized Conduct.
User-Generated Content License
When you provide User-Generated Content to HEALTHE through the Services, you grant HEALTHE a non-exclusive, worldwide, royalty-free, sublicensable, transferable and perpetual right and license to use, host, store, cache, reproduce, publish, display (publicly or otherwise), perform (publicly or otherwise), distribute, transmit, modify, adapt (including, without limitation, in order to conform it to the requirements of any networks, devices, services, or media through which the Services are available), and create derivative works of, such User-Generated Content. The rights you grant in this license are for the limited purposes of allowing HEALTHE to operate the Services in accordance with their functionality, improve the Services, and develop new Services. The reference in this license to "creat[ing] derivative works" is not intended to give HEALTHE a right to make substantive editorial changes or derivations, but does, for example, enable reblogging or reposting, which allows HEALTHE Subscribers or HEALTHE to redistribute User-Generated Content from one HEALTHE blog to another in a manner that allows them to add their own text or other Content before or after your User-Generated Content.
You also agree that this license includes the right for HEALTHE to make all publicly-posted Content available to third parties selected by HEALTHE, so that those third parties can syndicate and/or analyze such Content on other media and services.
Note also that this license to your User-Generated Content continues even if you stop using the Services, primarily because of the social nature of Content shared through HEALTHE’s Services - when you post something publicly, others may choose to comment on it, making your Content part of a social conversation that can’t later be erased without retroactively censoring the speech of others.
You also agree that you will respect the intellectual property rights of others, and represent and warrant that you have all of the necessary rights to grant us this license for all User-Generated Content you transfer to us.
No Automated Querying
You may not send automated queries of any sort to our Site without express advance written permission from HEALTHE. Note that “sending automated queries” includes, among other things:
- using any software which sends queries to our sites to determine how a website or webpage “ranks” for various queries;
- “meta-searching”; and
- performing “offline” searches on the Site
Posting Material on Our Site
Certain areas of the Site may allow users to post or upload information, data, text, photographs, graphics, messages and/or other content (“Postings”). You acknowledge and agree that Postings and any and all liability arising from Postings are the sole responsibility of the user who posted the content (“Poster”), and not HEALTHE. HEALTHE does not control the Postings and does not guarantee the accuracy, integrity or quality of any Postings.
You understand that by using the HEALTHE Services, you may be exposed to Postings that are offensive, indecent or objectionable. Under no circumstances will HEALTHE be liable in any way for any Postings, including, but not limited to, for any errors, omissions or misrepresentations in any Postings, or for any loss or damage of any kind incurred as a result of the use of, or arising from, any Postings.
If you do choose to post content on our Site, please do not do so unless you understand that your Postings will be available publicly. You should not assume that you are anonymous online and cannot be identified by your Postings. You agree that all of your Postings will comply with the requirements of this Agreement.
You agree not to use our Site to:
- Post any Posting that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically, or otherwise objectionable;
- Harm or threaten to harm users in any way;
- “Stalk” or otherwise harass any other person or entity;
- Impersonate any person or entity (including an HEALTHE agent, enthusiast, or moderator), or falsely state or otherwise misrepresent your affiliation with a person or entity;
- Post any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation except in areas that are expressly designated by HEALTHE for such purpose;
- Disseminate or transmit any content that infringes or violates any party’s copyright, trademark, trade secret, patent or other proprietary right, including, but not limited to, using third party copyrighted materials, without appropriate permission, using third party trademarks without appropriate permission or attribution, or using or distributing third party information (whether or not protected as a trade secret) in violation of a duty of confidentiality;
- Disseminate or transmit any worms, viruses or other harmful, disruptive or destructive files, code or programs;
- Violate any law (whether local, state, national, or international), whether or not intentionally;
- Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Posting;
- Post any content that you do not have a right to under any law or under contractual or fiduciary relationship (which includes inside information, proprietary or confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
- Interfere with or disrupt the HEALTHE Services, our Site, or servers or networks connected to our Site, or disobey any requirements, procedures, policies, or regulations of networks connected to the Site;
- Collect or store personal data about other users;
- Engage in any activities that would violate the personal privacy rights of others, including but not limited to, collecting and distributing information about Internet users without their permission, except as permitted by applicable law; or
- Post any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment.
Passwords and Security
Access to certain HEALTHE Services may require you to choose a user name (or nickname) and password. If you do so, you are responsible for maintaining the confidentiality of your password and account and for logging out of your account at the end of each session. In selecting a user name, you agree that you will not (i) select or use a screen name of another person with the intent to impersonate that person; (ii) use a name subject to the rights of any person without their authorization; or (iii) use a screen name that is offensive to people of ordinary sensitivities, illegal, or infringing. You are fully responsible for all activities that occur under your password or account. You agree (a) to notify HEALTHE immediately of any unauthorized use of your password or account or any other breach of security, and (b) to ensure that you exit from your account at the end of each session. HEALTHE cannot and will not be liable for any loss or damage arising from your failure to comply with this section.
Links to Other Web Sites
The HEALTHE Services may include links to other World Wide Web sites or resources. Because HEALTHE has no control over such sites and resources, you acknowledge and agree that HEALTHE is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that HEALTHE shall not be responsible or liable, directly or indirectly, for any damage or loss caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource. Finally, you acknowledge that such external sites usually have their own terms and conditions, including privacy policies, over which HEALTHE has no control and which will govern your rights and obligations with respect to the use of those Web sites.
Your Contact with Advertisers or Third Party Vendors
Your dealings with advertisers and third party vendors found on or through the HEALTHE Services, including your participation in promotions, the purchase of goods or services, and any terms, conditions, warranties or representations associated with such activities, are solely between you and the third party. HEALTHE does not make any representations or warranties with respect to any goods or web sites that may be obtained from such third parties, and 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, on our Site. You acknowledge that such external sites usually have their own terms and conditions, including privacy policies, over which HEALTHE has no control and which will govern your rights and obligations with respect to the use of those Web sites.
Compliance with Laws
You agree to comply with all applicable laws regarding your use of our Site including, without limitation, all applicable laws (as well as associated licenses and approvals) regarding the transmission of technical data exported from the United States or the country in which you reside.
Modifications to HEALTHE Services
HEALTHE reserves the right at any time and from time to time to modify, suspend, discontinue or terminate the HEALTHE Services (or any part thereof) with or without notice. You agree that HEALTHE will not be liable to you or to any third party for any modification, suspension, discontinuation or termination of the HEALTHE Services.
Termination of Your Access to HEALTHE Services
You agree that HEALTHE, in its sole discretion, may terminate your access to any of the HEALTHE Services, and/or remove, discard or modify any Postings or content within the Service, for any reason, including, without limitation, for lack of use or if HEALTHE believes that you have violated or acted inconsistently with the letter or spirit of this Agreement. You agree that any termination of your access to the HEALTHE Services may be effected without prior notice, and acknowledge and agree that HEALTHE may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the HEALTHE Services. If you use the Site in violation of this Agreement, HEALTHE may, in its sole discretion, retain all data collected from your use of the Site. Further, you agree that HEALTHE shall not be liable to you or any third party for the discontinuation or termination of your access to the HEALTHE Services, or collection of information notwithstanding in the case of your violation of this Agreement, even if advised of a claim for damages.
Information Disclaimer and Disclaimer of Warranties
BY USING HEALTHE SERVICES YOU UNDERSTAND AND AGREE THAT:
- HEALTHE SERVICES ARE PROVIDED FOR INFORMATIONAL PURPOSES. NO CONTENT ON OUR SITE IS INTENDED TO CONSTITUTE PROFESSIONAL ADVICE, WHETHER MEDICAL, FITNESS-RELATED, FINANCIAL, LEGAL OR OTHERWISE. HEALTHE AND THOSE POSTING OR OTHERWISE PROVIDING INFORMATION, SERVICES OR MATERIAL ON OUR SITE ARE NOT RESPONSIBLE OR LIABLE FOR ANY CONSEQUENCES RELATING DIRECTLY OR INDIRECTLY TO ANY ACTION OR INACTION YOU TAKE BASED ON THE INFORMATION, SERVICES OR OTHER MATERIAL ON OUR SITE.
- YOUR USE OF THE HEALTHE SERVICES IS AT YOUR SOLE RISK. THE HEALTHE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. HEALTHE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON- INFRINGEMENT.
- HEALTHE MAKES NO REPRESENTATION OR WARRANTY THAT HEALTHE SERVICES WILL MEET YOUR REQUIREMENTS, THAT THE HEALTHE SERVICES WILL BE UNINTERRUPTED, SECURE, CURRENT OR ERROR-FREE, THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE HEALTHE SERVICE WILL BE ACCURATE, TIMELY, USEFUL OR RELIABLE, OR THAT THE QUALITY OF ANY INFORMATION OR OTHER MATERIAL OBTAINED BY YOU THROUGH HEALTHE SERVICES WILL MEET YOUR NEEDS.
- ANY MATERIAL OBTAINED THROUGH THE USE OF HEALTHE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO COMPUTER SYSTEMS OR FOR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF ANY SUCH MATERIAL.
- NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM OUR SITE OR THROUGH OR FROM THE HEALTHE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THEIR TERMS.
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; ANY MEDICAL, PHYSICAL, EMOTIONAL OR OTHER DAMAGES ASSOCIATED WITH THE USE OF HEALTHE PRODUCTS OR SERVICES; OR FOR 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, HEALTHE PRODUCTS OR SERVICES, (2) THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES, GOODS OR AND WEB SITE, (3) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, (4) THE STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OUR SITE, (5) RELIANCE ON CONTENT OR POSTINGS ON OUR SITE, OR (6) ANY OTHER MATTER RELATING TO OUR SITE OR HEALTHE SERVICES, INCLUDING USE OF DATA FROM THIRD PARTIES THROUGH THE SITE. 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.
Indemnification of HEALTHE
You agree to indemnify and hold HEALTHE, its subsidiaries, and affiliates, and their officers, directors, employees and agents harmless from and against any and all liability, losses, claims, demands, disputes, damages or costs of any kind, including, without limitation, reasonable attorneys' fees and costs of litigation, resulting from or in any way connected with (a) Postings or other Content you submit or that are submitted from your account, (b) your use of or reliance on HEALTHE Services, (c) your connection to our Site, (d) your violation of this Agreement, or (e) your violation of any rights of another party, including any of our third party partners from whom you obtain data.
The terms HEALTHE®, HEALTHE™, EYESAFE®, AND RPF RETINA PROTECTION FACTOR™ are trademarks of HEALTHE. All rights reserved. All other trademarks and logos on this Site are the property of HEALTHE, or their respective third party owner if noted otherwise.
Any images referenced, made accessible or made available to you on the Site or by means of the HEALTHE Services are protected by the copyright and trademark laws of the United States and other countries. Although you are permitted to locate and access the images through HEALTHE Services, you may need to obtain authorization of the owner of such materials before using them for any purpose other than viewing on the web. For authorizations to use an image, please contact the image owner as indicated on the source site, not HEALTHE. HEALTHE cannot give you authorization to use the copyrighted images. HEALTHE cannot guarantee that a search will not locate unintended or objectionable content and HEALTHE accepts no responsibility or liability for the content of any site included in any search results or otherwise linked to by the HEALTHE services, or for your use of such content.
Law Applicable to Interpretations and Disputes; No Class Action
This Agreement is governed by the laws of the State of Minnesota without regard to its conflict of law provisions. You and HEALTHE agree to submit to the personal and exclusive jurisdiction of the state and federal courts of Hennepin County, MN with regard to any disputes arising hereunder or related hereto, and you may claim against HEALTHE only in an individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding. Each party hereby agrees that such courts shall have in personam jurisdiction and venue with respect to such party, and each party hereby submits to the in personam jurisdiction and venue of such courts and waives any objection based on inconvenient forum. Prior to commencement of any legal proceeding arising hereunder, you agree to participate in a 60-day period of negotiation.
Severability of This Agreement
If any provision of this Agreement is found by a court or other binding authority to be invalid, you agree that every attempt shall be made to give effect to the parties' intentions as reflected in that provision, and the remaining provisions contained in this Agreement shall continue in full force and effect.
Limitation of Actions Brought Against HEALTHE
You agree that any claim or cause of action arising out of your use of our Site or this Agreement must be filed within one (1) 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 this Agreement or our Site, you may contact a representative of HEALTHE below.