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HealthyPlace.com Terms of Service Agreement
Please read this before using HealthyPlace.com
A. Definitions.
HealthyPlace, Inc. and HealthyPlace.com
"HealthyPlace.com" is the interactive on-line service
operated by HealthyPlace, Inc. on the World Wide Web of the Internet,
consisting of information services and content provided by
HealthyPlace.com, affiliates of HealthyPlace.com and other third parties.
"User" means each person who establishes or accesses a
connection ("Account") for access to and use of
HealthyPlace.com.
B. General
- This Agreement, which incorporates by reference other provisions
applicable to use of HealthyPlace.com sets forth the terms and
conditions that apply to use of HealthyPlace.com by Subscriber. By
using HealthyPlace.com (other than to read this Agreement for the
first time), Subscriber agrees to comply with all of the terms and
conditions hereof. The right to use HealthyPlace.com is personal to
Subscriber and is not transferable to any other person or entity.
Subscriber is responsible for all use of Subscriber's Account (under
any screen name or password) and for ensuring that all use of
Subscriber's Account complies fully with the provisions of this
Agreement. Subscriber shall be responsible for protecting the
confidentiality of Subscriber's password(s), if any.
- HealthyPlace, Inc. shall have the right at any time to change or
discontinue any aspect or feature of HealthyPlace.com, including, but
not limited to, content, hours of availability, and equipment needed
for access or use.
C. Changed Terms
HealthyPlace, Inc. shall have the right at any time to change or modify
the terms and conditions applicable to Subscriber's use of
HealthyPlace.com, or any part thereof, or to impose new conditions,
including, but not limited to, adding fees and charges for use. Such
changes, modifications, additions or deletions shall be effective
immediately upon notice thereof, which may be given by means including,
but not limited to, posting on HealthyPlace.com, or by electronic or
conventional mail, or by any other means by which Subscriber obtains
notice thereof. Any use of HealthyPlace.com by Subscriber after such
notice shall be deemed to constitute acceptance by Subscriber of such
changes, modifications or additions.
D. Subscriber Conduct
- Subscriber shall use HealthyPlace.com for lawful purposes only.
Subscriber shall not post or transmit through HealthyPlace.com any
material which violates or infringes in any way upon the rights of
others, which is unlawful, threatening, abusive, defamatory, invasive
of privacy or publicity rights, vulgar, obscene, profane or otherwise
objectionable, which encourages conduct that would constitute a
criminal offense, give rise to civil liability or otherwise violate
any law, or which, without HealthyPlace, Inc.'s express prior
approval, contains advertising or any solicitation with respect to
products or services. Any conduct by a Subscriber that in
HealthyPlace, Inc.'s discretion restricts or inhibits any other
Subscriber from using or enjoying HealthyPlace.com will not be
permitted. Subscriber shall not use HealthyPlace.com to advertise or
perform any commercial solicitation, including, but not limited to,
the solicitation of users to become subscribers of other on-line
information services competitive with HealthyPlace.com.
- HealthyPlace.com contains copyrighted material, trademarks and other
proprietary information, including, but not limited to, text,
software, photos, video, graphics, music and sound, and the entire
contents of HealthyPlace.com are copyrighted as a collective work
under the United States copyright laws. HealthyPlace, Inc. owns a
copyright in the selection, coordination, arrangement and enhancement
of such content, as well as in the content original to it. Subscriber
may not modify, publish, transmit, participate in the transfer or
sale, create derivative works, or in any way exploit, any of the
content, in whole or in part. Subscriber may download copyrighted
material for Subscriber's personal use only. Except as otherwise
expressly permitted under copyright law, no copying, redistribution,
retransmission, publication or commercial exploitation of downloaded
material will be permitted without the express permission of
HealthyPlace, Inc. and the copyright owner. In the event of any
permitted copying, redistribution or publication of copyrighted
material, no changes in or deletion of author attribution, trademark
legend or copyright notice shall be made. Subscriber acknowledges that
it does not acquire any ownership rights by downloading copyrighted
material.
- Subscriber shall not upload, post or otherwise make available on
HealthyPlace.com any material protected by copyright, trademark or
other proprietary right without the express permission of the owner of
the copyright, trademark or other proprietary right and the burden of
determining that any material is not protected by copyright rests with
Subscriber. Subscriber shall be solely liable for any damage resulting
from any infringement of copyrights, proprietary rights, or any other
harm resulting from such a submission. By submitting material to any
public area of HealthyPlace.com, Subscriber automatically grants, or
warrants that the owner of such material has expressly granted
HealthyPlace, Inc. the royalty-free, perpetual, irrevocable,
non-exclusive right and license to use, reproduce, modify, adapt,
publish, translate and distribute such material (in whole or in part)
worldwide and/or to incorporate it in other works in any form, media
or technology now known or hereafter developed for the full term of
any copyright that may exist in such material. Subscriber also permits
any other Subscriber to access, view, store or reproduce the material
for that Subscriber's personal use. Subscriber hereby grants
HealthyPlace, Inc. the right to edit, copy, publish and distribute any
material made available on HealthyPlace.com by Subscriber.
- The foregoing provisions of Section D are for the benefit of
HealthyPlace, Inc., its subsidiaries, affiliates and its third party
content providers and licensors and each shall have the right to
assert and enforce such provisions directly or on its own behalf.
E. Disclaimer of Warranty; Limitation of Liability
- SUBSCRIBER EXPRESSLY AGREES THAT USE OF HealthyPlace.com IS AT
SUBSCRIBER'S SOLE RISK. NEITHER HealthyPlace, Inc., ITS AFFILIATES NOR
ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT
PROVIDERS OR LICENSORS WARRANT THAT HealthyPlace.comWILL BE
UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE
RESULTS THAT MAY BE OBTAINED FROM USE OF HealthyPlace.com, OR AS TO
THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE, OR
MERCHANDISE PROVIDED THROUGH HealthyPlace.com.
- HealthyPlace.com IS PROVIDED ON AN "AS IS" BASIS WITHOUT
WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT
LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE
WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION,
RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS
AGREEMENT.
- THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED
BY 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, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF
ACTION. SUBSCRIBER SPECIFICALLY ACKNOWLEDGES THAT HealthyPlace, Inc.
IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF
OTHER SUBSCRIBERS OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM
THE FOREGOING RESTS ENTIRELY WITH SUBSCRIBER.
- IN NO EVENT WILL HealthyPlace, Inc., OR ANY PERSON OR ENTITY
INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING HealthyPlace.com, BE
LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT,
INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES
ARISING OUT OF THE USE OF OR INABILITY TO USE HealthyPlace.com.
SUBSCRIBER HEREBY ACKNOWLEDGES THAT THE PROVISIONS OF THIS SECTION
SHALL APPLY TO ALL CONTENT ON HealthyPlace.com.
- IN ADDITION TO THE TERMS SET FORTH ABOVE NEITHER, HealthyPlace,
Inc., NOR ITS AFFILIATES, INFORMATION PROVIDERS OR CONTENT PARTNERS
SHALL BE LIABLE REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS,
INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN, OR UNTIMELINESS OR
UNAUTHENTICITY OF, THE INFORMATION CONTAINED WITHIN HealthyPlace.com,
OR FOR ANY DELAY OR INTERRUPTION IN THE TRANSMISSION THEREOF TO THE
USER, OR FOR ANY CLAIMS OR LOSSES ARISING THEREFROM OR OCCASIONED
THEREBY. NONE OF THE FOREGOING PARTIES SHALL BE LIABLE FOR ANY
THIRD-PARTY CLAIMS OR LOSSES OF ANY NATURE, INCLUDING, BUT NOT LIMITED
TO, LOST PROFITS, PUNITIVE OR CONSEQUENTIAL DAMAGES. PRIOR TO THE
EXECUTION OF A STOCK TRADE, SUBSCRIBERS ARE ADVISED TO CONSULT WITH
YOUR BROKER OR OTHER FINANCIAL REPRESENTATIVE TO VERIFY PRICING OR
OTHER INFORMATION. HealthyPlace, Inc., ITS AFFILIATES, INFORMATION
PROVIDERS OR CONTENT PARTNERS SHALL HAVE NO LIABILITY FOR INVESTMENT
DECISIONS BASED ON THE INFORMATION PROVIDED. NEITHER, HealthyPlace,
Inc., NOR ITS AFFILIATES, INFORMATION PROVIDERS OR CONTENT PARTNERS
WARRANT OR GUARANTEE THE TIMELINESS, SEQUENCE, ACCURACY OR
COMPLETENESS OF THIS INFORMATION. ADDITIONALLY, THERE ARE NO
WARRANTIES AS TO THE RESULTS OBTAINED FROM THE USE OF THE INFORMATION.
F. Monitoring
HealthyPlace, Inc. shall have the right, but not the obligation, to
monitor the content of HealthyPlace.com, including chat rooms and forums,
to determine compliance with this Agreement and any operating rules
established by HealthyPlace, Inc. and to satisfy any law, regulation or
authorized government request. HealthyPlace, Inc. shall have the right in
its sole discretion to edit, refuse to post or remove any material
submitted to or posted on HealthyPlace.com. Without limiting the
foregoing, HealthyPlace, Inc. shall have the right to remove any material
that HealthyPlace, Inc., in its sole discretion, finds to be in violation
of the provisions hereof or otherwise objectionable.
G. Indemnification
Subscriber agrees to defend, indemnify and hold harmless HealthyPlace,
Inc., its affiliates and their respective directors, officers, employees
and agents from and against all claims and expenses, including attorneys'
fees, arising out of the use of HealthyPlace.com by Subscriber or
Subscriber's Account.
H. Termination
Either HealthyPlace, Inc. or Subscriber may terminate this Agreement at
any time. Without limiting the foregoing, HealthyPlace, Inc. shall have
the right to immediately terminate Subscriber's Account in the event of
any conduct by Subscriber which HealthyPlace, Inc., in its sole
discretion, considers to be unacceptable, or in the event of any breach by
Subscriber of this Agreement. The provisions of Sections D (2), D (3), D
(4), E, G, H, I shall survive termination of this Agreement.
I. Trademarks
HealthyPlace, Inc., HealthyPlace.com, and each of their logos are
trademarks of HealthyPlace, Inc. All rights reserved. All other trademarks
appearing on HealthyPlace.com are the property of their respective owners.
J. Third Party Content
HealthyPlace, Inc. is a distributor (and not a publisher) of content
supplied by third parties (including the various sites published by others
on the HealthyPlace.com website) and Subscribers. Accordingly,
HealthyPlace, Inc. has no more editorial control over such content than
does a public library, bookstore, or newsstand. Any opinions, advice,
statements, services, offers, or other information or content expressed or
made available by third parties, including information providers,
Subscribers or any other user of HealthyPlace.com, are those of the
respective author(s) or distributor(s) and not of HealthyPlace, Inc..
Neither HealthyPlace, Inc. nor any third-party provider of information
guarantees the accuracy, completeness, or usefulness of any content, nor
its merchantability or fitness for any particular purpose. (Refer to
Section E above for the complete provisions governing limitation of
liabilities and disclaimers of warranty.)
In many instances, the content available through HealthyPlace.com
represents the opinions and judgments of the respective information
provider, Subscriber, or other user not under contract with HealthyPlace,
Inc.. HealthyPlace, Inc. neither endorses nor is responsible for the
accuracy or reliability of any opinion, advice or statement made on
HealthyPlace.com by anyone other than authorized HealthyPlace, Inc.
employee spokespersons while acting in their official capacities. Under no
circumstances will HealthyPlace, Inc. be liable for any loss or damage
caused by a Subscriber's reliance on information obtained through
HealthyPlace.com. It is the responsibility of Subscriber to evaluate the
accuracy, completeness or usefulness of any information, opinion, advice
or other content available through HealthyPlace.com. Please seek the
advice of professionals, as appropriate, regarding the evaluation of any
specific information, opinion, advice or other content.
K. Choice of Law
This Agreement shall be construed and controlled by the laws of the
State of Texas. Further, any dispute arising from the terms of this
Agreement or a breach of this Agreement will be governed by the laws of
the State of Texas. User agrees to personal jurisdiction by the state and
federal courts sitting in the State of Texas.
HealthyPlace, Inc. may, at any time, amend or modify this Agreement or
impose new conditions at any time upon notice from HealthyPlace, Inc. to
User as published through HealthyPlace.com. Any use of the
HealthyPlace.com by User after such notice shall be deemed to constitute
acceptance by User of such amendments, modifications or new conditions.
L. Miscellaneous
This Agreement and any operating rules for HealthyPlace.com established
by HealthyPlace, Inc. constitute the entire agreement of the parties with
respect to the subject matter hereof, and supersede all previous written
or oral agreements between the parties with respect to such subject
matter. This Agreement shall be construed in accordance with the laws of
the State of Texas, without regard to its conflict of laws rules. No
waiver by either party of any breach or default hereunder shall be deemed
to be a waiver of any preceding or subsequent breach or default. The
section headings used herein are for convenience only and shall not be
given any legal import.
It is understood and agreed that if any part, term, or provision of
this Agreement is held by a court to be illegal or in conflict with any
law of the State of Texas, the validity of the remaining terms of this
Agreement shall not be altered, and the rights and obligations of the
parties shall be construed and enforced as if the Agreement did not
contain the part, term, or provision held invalid.
01/01/99
Copyright © 1999 HealthyPlace, Inc. All rights reserved.
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