CAREFULLY READ THE TERMS AND CONDITIONS OF THIS AGREEMENT BEFORE YOU CHECK THE BOX INDICATING THAT YOU HAVE READ AND AGREE TO OUR TERMS AND CONDITIONS. BY CHECKING THE BOX, CLICKING ON THE “I ACCEPT” BUTTON OR USING THE WEBSITE IN ANY MANNER, YOU ARE AGREEING TO BE BOUND BY AND ARE BECOMING A PARTY TO THIS AGREEMENT. WE RESERVE THE RIGHT TO CHANGE THE TERMS OF THIS AGREEMENT IN THE FUTURE AND ANY CHANGES WILL APPLY TO YOUR USE OF THE WEBSITE AFTER THE DATE OF SUCH CHANGE.
- ACCEPTANCE OF TERMS; LEGAL COMPLIANCE
We further reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Materials and/or Services (or any part thereof) with or without notice. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of our Materials and/or Services (or any part thereof). You agree to comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the Site.
The Site, Materials and Services may be accessed only where permitted under local laws and regulations.
- DEFINED TERMS
All user-supplied content, information, materials, files, communications, documents, text, images, or videos you provide through the Site, are referred to collectively as “User Content.” “Our Content” or “Techealthiest Content” means all materials and content provided by us, including without limitation, videos and skits. The terms and conditions expressed in this agreement apply to all users and visitors of this Site (whether you have signed up for an account or not).
- USER ACCOUNTS
As a condition of using certain Services (for example, participation on some of our forums), you may be required to register by creating a user account (an “Account”) and select an ID and password. You agree to provide accurate, complete, and updated registration information. You agree not to use as an ID that (i) is the name of another person, with the intent to impersonate that person; (ii) is subject to any rights of another person, without appropriate authorization; or (iii) is offensive, vulgar, or obscene. We reserve the right in its sole discretion to refuse registration of or cancel an ID. You are solely responsible for all submissions you make through your Account or otherwise. By using the Site and/or setting up an Account you represent that you are of legal age to form a binding contract and are not a person barred from receiving our Services under the laws of the United States or otherwise. You further understand and agree that information you submit for inclusion in your user profile will be accessible and visible to other users. You will be solely responsible for any such content. You will also be solely responsible for any and all statements you make in the discussion forums on the Site.
- INTELLECTUAL PROPERTY; LIMITED LICENSE
In addition to the Materials and Services offered by us, this Site makes available materials, links and information (including product reviews) about products and/or services provided by third parties (collectively, the “Third Party Products and Services”). The Third Party Products and Services are governed by separate agreements that accompany such products or services. We offer no guarantees and assume no responsibility or liability of any type with respect to the Third Party Products and Services. You agree that you will not hold us responsible or liable with respect to the Third Party Products and Services or seek to do so. You further understand and agree that any and all interactions you may have with other Site users are at your own risk. We do not screen any of our Site users and make no representations whatsoever about the trustworthiness or credibility of Site users. In addition, user content, comments and feedback do not represent our opinion. You recognize that this Site is merely an online platform and that it is not meant to replace professional therapy; and nothing on this Site shall be construed as medical or psychological advice or therapy.
Except as expressly indicated to the contrary elsewhere on this Site, you may use, view, and download Our Content and User Content available on this Site subject to the following conditions:
- Our Content and User Content may be used solely for personal and internal purposes. You may not commercially exploit any of the Site content without express permission from us.
- Our Content and User Content may not be modified or altered in any way except, in certain cases, by the user who submitted such content or by us.
- You may not remove any copyright or other proprietary notices contained in Our Content or User Content.
- We reserve the right to revoke the authorization to view and use Our Content and User Content available on the Site or any portion of it at any time, and any such use shall be discontinued immediately upon notice from us.
- The rights granted to you constitute a license and not a transfer of title.
The rights specified above to view and use Our Content and User Content available on this Site are not applicable to the design or layout of this Site. Elements of this Site are protected by trade dress and other laws and may not be copied or imitated in whole or in part.
- TRADEMARK INFORMATION
The trademarks, logos, and service marks, including the “Techealthiest” trademark (the “Marks”) displayed on this Site are the property of Techealthiest or other third parties. You are not permitted to use the Marks without our prior written consent or the consent of such third party that may own the Mark.
Techealthiest® is a licensed trademark of Techealthiest Media, LLC.
- LICENSE TO TECHEALTHIEST FOR USER CONTENT
Certain pages on the Site accommodate or require User Content, such as our public and private forums. By submitting User Content to any area of the Site you grant us the following type of license: a perpetual, worldwide, royalty-free, non-exclusive license to modify and reproduce such User Content for the purposes for which they were uploaded. You also grant us the right to publicly display and perform such User Content on the Site for the purpose for which such User Content was submitted to the Site. Without limiting the foregoing, we reserve the right to compile, sell, lease and otherwise monetize the User Content without notice or compensation to you.
You agree that you will not submit any User Content to the Site that is in any manner infringing, untrue, or defamatory. Before submitting content or links from other websites you agree to review such sites’ terms and conditions to ensure that your activity on our Site does not violate such terms, and you agree to indemnify us to the extent that we are harmed because of your wrongdoing or violation of this Agreement.
- DIGITAL MILLENNIUM COPYRIGHT ACT
Our Site is committed to complying with U.S. copyright laws. The Digital Millennium Copyright Act (“DMCA”) provides a recourse for owners of copyrighted material who believe that their rights under U.S. copyright laws have been infringed on the Internet. Under the DMCA, copyright owners may contact the authorized agent of an Internet service provider to report alleged infringements of their protected works appearing on web pages hosted by the service provider. Upon receipt of a properly filed complaint satisfying the requirements of the DMCA, we will remove or block access to the allegedly infringing material, and may terminate the user’s Account as provided in this Agreement. If a person believes in good faith that a notice of copyright infringement has been wrongly filed, such person may submit a counter-notice to us. In any event, we shall not be made a party to disputes over alleged copyright infringement. In connection with our Services, we have adopted and implemented a policy respecting the copyright law that provides for the termination, in appropriate circumstances, of Accounts of users who are repeat infringers of intellectual property rights, including copyrights.
If you are a copyright owner or an agent thereof and believe that any User Content or other content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing us with the following information in writing (see 17 U.S.C 512(c)(3) for further detail): A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material; Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an electronic mail; A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. You may send the notification to email@example.com.
- PROHIBITED COMMUNICATIONS
More specifically, you understand that you are entirely responsible for the content of, and any harm resulting from, your postings to or transmissions through the Site of User Content. When you post User Content, you thereby represent and warrant that:
(a) the creation, distribution, transmission, public display and performance, accessing, downloading and copying of your User Content does not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights of any third party;
(b) you have fully complied with any third-party licenses relating to your User Content;
(c) your User Content does not contain any viruses, malicious code or other harmful or destructive content;
(d) your User Content is not obscene, lewd, lascivious, filthy, excessively violent, harassing or otherwise objectionable, libelous or slanderous, does not incite, encourage or threaten physical harm against another, does not violate any applicable law, regulation, or rule, and does not violate the privacy or publicity rights of any third party;
(e) your User Content does not violate any applicable child pornography law or otherwise intended to protect the health or wellbeing of minors;
(f) your User Content does not violate any applicable law designed to regulate electronic advertising;
(g) your User Content does not constitute, contain, install or attempt to install or promote spyware, malware or other computer code designed to enable you or others to gather information about or monitor the online or other activities of another party on or through the Site;
(h) your User Content does not contain any defamatory material;
- MANAGING CONTENT AND COMMUNICATIONS
- WARRANTIES AND DISCLAIMERS
EXCEPT AS EXPRESSLY PROVIDED OTHERWISE IN A WRITTEN AGREEMENT BETWEEN YOU AND US, THIS SITE, AND ALL MATERIALS AND SERVICES ACCESSIBLE THROUGH THIS SITE ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT (I) THE SERVICES AND MATERIALS WILL MEET YOUR REQUIREMENTS; (II) THE SERVICES AND MATERIALS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR MATERIALS WILL BE EFFECTIVE, ACCURATE, OR RELIABLE; (IV) THE QUALITY OF ANY SERVICES OR MATERIALS OBTAINED OR ACCESSIBLE BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS; AND (V) ANY ERRORS IN THE SERVICES OR MATERIALS OBTAINED THROUGH THE SITE, OR ANY DEFECTS IN THE SITE, ITS SERVICES OR MATERIALS, WILL BE CORRECTED.
WE DO NOT SCREEN SITE USERS OR UESR CONTENT. WE MAKE NO REPRESENTATIONS WHATSOEVER ABOUT THE CREDIBILITY OF ANY SITE USER. WE WILL NOT BE RESPONSIBLE FOR ANY LOSS OR HARM CAUSED TO YOU BY VIRTUE OF YOUR INTERACTION OR DEALING WITH ANOTHER USER, OR YOUR FOLLOWING OF ADVICE OR FEEDBACK PROVIDED TO YOU BY SITE USERS. YOU UNDERSTAND THAT THIS SITE IS NOT MEANT AS A SUBSTITUTE FOR MEDICAL OR PSYCHOLOGICAL HELP. YOU UNDERSTAND THAT TECHEALTHIEST IS MERELY A PLATFORM ALLOWING USERS TO SHARE THEIR INSIGHTS AND EXPERIENCES.
WITHOUT LIMITING THE FORGOING, YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE SITE AND YOUR OBTAINING OF INFORMATION AND/OR ADVICE FROM THE SITE AND SITE USERS DOES NOT CREATE A THERAPEUTIC (OR DOCTOR-PATIENT) RELATIONSHIP BETWEEN YOU AND THE SITE OR ANY OF ITS OWNERS, DIRECTORS OR OFFICERS. THE SITE IS MERELY AN INFORMATIONAL PLATFORM.
- PERSONAL INFORMATION AND PRIVACY
You understand and agree that we may disclose information about you if we have a good faith belief that we are required to do so by law or legal process, to respond to claims, or to protect the rights, property, or safety of Techealthiest or others. Please refer to our www.techealthiest.com/privacy for more information about the manner in which we protect and use your information.
- LIMITATION OF LIABILITY
IN NO EVENT SHALL TECHEALTHIEST OR ITS OFFICERS, EMPLOYEES, SUPPLIERS OR LICENSORS BE LIABLE TO YOU OR ANY THIRD PARTY UNDER ANY CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR UNDER LEGAL OR EQUITABLE THEORY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING PHYSICAL, MENTAL OR EMOTIONAL INJURY ARISING FROM YOUR USE OF THE SITE AND ANY OF THE MATERIALS OR SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
- INDEMNITY AND LIABILITY
- GOVERNING LAW, JURISDICTION AND ARBITRATION
This Agreement is governed in all respects by the laws of the State of New York without regard to conflict of laws provisions. Subject to the arbitration provisions in this section, you accept and consent to the personal jurisdiction and venue of the federal and state courts in New York County, New York. Notwithstanding the foregoing, in the event a dispute arises between you and Techealthiest arising from or relating to the subject matter of this Agreement, such dispute shall be finally settled by arbitration in New York County, using the English language in accordance with the Arbitration Rules of the American Arbitration Association (“AAA”) then in effect, by one commercial arbitrator with substantial experience in the area of dispute, who shall be selected from the appropriate list of AAA arbitrators in accordance with the Arbitration Rules. The prevailing party in any arbitration or other proceeding arising under this Agreement shall be entitled to receive reimbursement of its reasonable expenses (including reasonable attorneys’ fees and expert witness fees) incurred in connection therewith. Judgment upon the award so rendered may be entered in a court having jurisdiction or application may be made to such court for judicial acceptance of any award and an order of enforcement, as the case may be. Notwithstanding the foregoing, each party shall have the right to institute an action in a court in New York County, New York for injunctive or other equitable relief pending a final decision by the arbitrator. Use of the Site is not authorized in any jurisdiction that does not give effect to all provisions of the Agreement, including without limitation, this section. You and Techealthiest agree that any cause of action arising out of or related to the Site (including, but not limited to, any services provided or made available therein) or this Agreement must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred. Any controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party.