The Services are offered to users aged thirteen (13) years or older. By using the Services, users aged thirteen (13) to eighteen (18) years certify that they have parental consent to do so. By using the Services, you both represent and warrant that you meet the eligibility requirements for use of the Services. If you do not meet these requirements, you must not access or use the Services.
Purpose and Website Services
The Services are made available to you with the purpose of providing you with information, and should in no way be used as an alternative to medical treatment. The Services are not a medical device, treatment, service, or substitute. The Services are not intended to diagnose, cure, treat, or prevent any disease or mental illness. The Services should not be used in place of medical treatment by a licensed professional. If you are concerned about your mental or physical health, please see a licensed professional. The Company is not responsible for any health problems you may have or develop before, during, or after the use of the Services.
Suspension of Access and Termination
YOU HOLD THE COMPANY HARMLESS AND WAIVE ANY CLAIMS RELATED TO OR ARISING OUT OF COMPANY’S DENYING YOU ACCESS TO THE SERVICES FOR ANY REASON.
Accounts and Passwords
To access and use certain features of the Services, you will need to create an account. As part of the process to create, register, and maintain your account, you agree to provide the Company with certain current, complete, and accurate registration information that has been requested by the Company during the account registration or renewal process.
You agree that you will (1) provide, maintain, and update the information associated with your account such that said information is kept current, complete, and accurate; (2) treat passwords and other account identifying information assigned to you as a result of any registration or account creation with the Websites as confidential; and (3) be responsible for all activities that occur under your account.
License and Intellectual Property Rights
The Websites and their contents, features, and functionality are owned by the Company, and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. All text, images, data, content, photographs, audio files, graphics, user interfaces, visual interfaces, trademarks, logos, sounds, music, illustrations, descriptions, artwork, computer code, and all other material (collectively, the “Content”), including without limitation design, layout, structure, selection, coordination, expression, “look and feel,” arrangement, and combination of the Content, contained or made available on the Websites, is owned, controlled, or licensed by the Company, and is protected by trade dress, service mark, trademark, copyright, patent laws, and various other intellectual property rights and unfair competition laws in the United States and other countries.
Except as expressly provided herein, no part of the Websites and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, or modified in any way, or uploaded to any other computer, server, website, or other medium for publication or distribution or for any other commercial enterprise, without the Company’s prior express written consent. Notwithstanding the prior statement, any doctor, physician, or other licensed medical professional using the Services as part of delivering medical services may utilize their patient’s information provided on the Websites with the patient’s consent. Any personal user may utilize their own information for their personal, non-commercial use only.
Except as expressly provided herein, no part of the Websites, Services or Content may be used for the benefit of any third party, or sold, offered for sale, re-sold, or offered for re-sale to any third party. By accessing the Services, you agree not to reverse-engineer any part of the Websites, Services, Content, or software, or to use or attempt to use third parties to reverse-engineer any part of the Websites, Services, Content, or software.
The Company may change, delete, update, or replace the Content at any time. The Content is available for informational purposes only and is not binding on the Company.
Should you choose to provide any content, information, data, or other materials to the Company on or through the Websites or Services, including by contacting the Company, providing comments or ideas about the Websites, or providing your biometric data (together, the “User Content”), you agree to grant the Company a non-exclusive, transferrable, sub-licensable, irrevocable, royalty-free, perpetual, worldwide license to use, copy, reproduce, modify, adapt, edit, translate, publish, perform, display, and keep any such User Content without payment or restriction. If you make User Content available, you represent that you have the right to make said User Content available, and are responsible and liable for said User Content.
Use Restrictions, Access to the Websites, and Account Security
(1) use the Websites in any way that violates any applicable local, state, federal, or international law or regulation;
(2) send, knowingly receive, upload, download, use, or re-use any data, information, Content, or part of the Websites or Services for any purpose besides personal, non-commercial use, unless expressly authorized by the Company to do so;
(3) impersonate, or attempt to impersonate the Company, a Company employee, another user, or any other person or entity (including, without limitation, by using email addresses or screen names associated with the aforementioned);
(4) engage in any conduct that may harm the Company or other users of either Website or expose them to liability;
(5) use the Websites to post or transmit any files which contain viruses, worms, Trojan horses, or other code that manifests contaminating or destructive purposes; use the Websites in a manner that could disable, overburden, damage, or impair the Websites; or interfere with any other user’s use of the Websites;
(6) post, store, or transmit data or content that violates or infringes any third party rights; is false, misleading, or inaccurate; is injurious to any third party; or defames, libels, or disparages any third party;
(7) use any robot, spider, or other automatic device, process, or means to access the Websites for any purpose, including monitoring or copying any of the material on the Websites, without prior written consent;
(8) attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Websites, the server on which the Websites are stored, or any server, computer, or database connected to the Websites; or
Websites and Services Provided “AS IS”
YOU UNDERSTAND AND AGREE THAT THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND, EXCEPT TO THE EXTENT EXPRESSLY PROVIDED FOR HEREIN AND PERMITTED UNDER ACCEPTABLE LAW, THE COMPANY EXPRESSLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES, OR CONDITIONS OF ANY KIND OR NATURE WHATSOEVER, WHETHER EXPRESS OR IMPLIED, AND WHETHER ARISING BY STATUTE OR OTHERWISE IN LAW, FROM A COURSE OF DEALING OR USAGE OF TRADE, AND INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OR CONDITIONS, ANY CONDITION OR WARRANTY OF MERCHANTABILITY, SECURITY, TITLE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, AND ANY CONDITION OR WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE.
THE COMPANY MAKES NO REPRESENTATIONS, GUARANTEES, OR WARRANTIES THAT THE SERVICES WILL BE ACCURATE, RELIABLE, COMPATIBLE WITH YOUR COMPUTER OR DEVICE, OR COMPLETE, OR WILL BE OFFERED OR PROVIDED ON A CONSTANT, UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS, OR THAT ANY ERRORS WILL BE CORRECTED, IMMEDIATELY OR OTHERWISE, OR THAT THE WEBSITES OR CONTENT WILL BE VIRUS-FREE OR PROTECT YOUR COMPUTER OR DEVICE FROM DESTRUCTIVE CODE. THE COMPANY WILL MAKE NO WARRANTY REGARDING THE QUALITY, ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS, OR RELIABILITY OF THE SERVICES. BY USING THE SERVICES, YOU ACKNOWLEDGE AND AGREE THAT IF YOU RELY ON THE SERVICES, YOU DO SO AT YOUR OWN RISK.
Limitation of Liability
THE COMPANY SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOSSES, COSTS, OR DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION, DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, OR SPECIAL DAMAGES, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER OR DEVICE DAMAGE, OR SYSTEM FAILURE, THAT ARE SUFFERED OR INCURRED IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE SERVICES, OR YOUR RELIANCE ON THE SERVICES FOR PERSONAL OR MEDICAL USE FOR ANY REASON WHATSOEVER.
IN NO EVENT SHALL THE COMPANY’S TOTAL LIABILITY TO YOU OR ANY THIRD PARTY FOR ALL LOSSES, COSTS, AND DAMAGES EXCEED THE LESSER OF THE AMOUNT YOU HAVE PAID THE COMPANY FOR THE PERIOD OF THIRTY-ONE (31) DAYS IMMEDIATELY PRECEEDING THE DATE YOU FILED YOUR CLAIM OR THE AMOUNT OF ONE HUNDRED UNITED STATES DOLLARS (US $100).
THE ENTIRE RISK AS TO THE RESULTS, PERFORMANCE, AND USE OF THE SERVICES IS BORN AND ASSUMED BY YOU.
In no event shall the Company or any of its respective officers, directors, employees, agents, licensors, successors, and assigns be held liable for any failure to perform its duties hereunder where the failure results from a cause beyond the Company’s reasonable control.
The Services may contain links to other websites. Unless expressly stated otherwise, the Company does not control or endorse such websites, and the Company assumes no responsibility or liability for any loss or damage arising out of their use.
Governing Law, Jurisdiction, and Venue