Last Modified: February 15, 2016
Welcome to HealthValues’ website. These Terms of Service apply to the websites with the following current URLs and their associated mobile sites: healthvalues.org (collectively referred to herein as the “Website”). Additionally, if you apply for or obtain a HealthValues membership, these Terms of Service apply to your HealthValues membership.
HealthValues, LLC (“HealthValues”) contracts with one or more third parties to operate this Website. In these Terms of Service, the terms “we”, “our” and “us” refer to HealthValues and/or the operator(s) of this Website on its behalf. The terms “you” and “your” refer to Website visitors like yourself.
We reserve the right to modify these Terms of Service at any time, in which case the revised Terms of Service will appear on the Website. Your continued use of the Website after we post any such changes will be deemed to be acceptance of such changes, so please check the policy periodically for updates.
ALL INFORMATION CONTAINED ON THIS WEBSITE, INCLUDING RECOMMENDATIONS REGARDING HEALTH, DIET, EXERCISE OR DIETARY SUPPLEMENTS, IS FOR INFORMATIONAL PURPOSES ONLY. THE INFORMATION CONTAINED ON THIS WEBSITE IS NOT INTENDED TO BE USED IN PLACE OF A VISIT, CALL, CONSULTATION OR ADVICE OF A PHYSICIAN OR OTHER MEDICAL/HEALTHCARE PROFESSIONAL, AND IS NOT A SUBSTITUTE FOR, MEDICAL ADVICE, DIAGNOSIS OR TREATMENT. YOU SHOULD ALWAYS TALK TO YOUR HEALTH CARE PROVIDER FOR DIAGNOSIS AND TREATMENT, INCLUDING YOUR SPECIFIC MEDICAL NEEDS. NONE OF THE PRODUCTS OR SERVICES OFFERED THROUGH THIS WEBSITE REPRESENTS OR WARRANTS THAT ANY PARTICULAR SERVICE OR PRODUCT IS SAFE, APPROPRIATE OR EFFECTIVE FOR YOU. WE ADVISE USERS TO ALWAYS SEEK THE ADVICE OF A PHYSICIAN OR OTHER QUALIFIED HEALTH CARE PROVIDER WITH ANY QUESTIONS REGARDING PERSONAL HEALTH OR MEDICAL CONDITIONS. IF YOU HAVE OR SUSPECT THAT YOU HAVE A MEDICAL PROBLEM OR CONDITION, PLEASE CONTACT A QUALIFIED HEALTH CARE PROFESSIONAL IMMEDIATELY. IF YOU ARE IN THE UNITED STATES AND ARE EXPERIENCING A MEDICAL EMERGENCY, PLEASE CALL 911 OR CALL FOR EMERGENCY MEDICAL HELP ON THE NEAREST TELEPHONE. INFORMATION CONTAINED ON THIS WEBSITE, IN WHOLE OR IN PART, OR COMMUNICATION VIA INTERNET OR EMAIL DOES NOT CONSTITUTE OR CREATE A DOCTOR-PATIENT, THERAPIST-PATIENT OR OTHER HEALTHCARE PROFESSIONAL RELATIONSHIP BETWEEN YOU AND HEALTHVALUES.
The Website is available only to individuals who can enter into legally binding contracts under applicable law. These Terms of Service constitute a legally binding agreement between you and us regarding your use and access to the Website and your HealthValues membership. By using the Website or obtaining a HealthValues membership you agree to the Terms of Service.
We reserve the right to revise these Terms of Service at any time in its sole discretion by posting revised Terms of Service to the Website. HealthValues’ policies, content, information, disclosures, disclaimers and features may be revised, modified, updated, and/or supplemented at any time and without prior notice at the sole and absolute discretion of HealthValues. If these Terms if Service are revised the new term and conditions will be posted on our Website and we will revise the “last updated” date at the top of the Terms of Service.
License Grant. You are granted a personal, revocable, limited, non-exclusive, non-transferable license to access and use the Website conditioned on your continued acceptance of, and compliance with, these Terms of Service. You may use the Website and the information and materials on the Website (“Our Content”) for your noncommercial personal use and for no other purpose. We reserve the right to bar, restrict or suspend any user’s access to the Websites, and/or to terminate this license at any time for any reason. We reserve any rights not explicitly granted in these Terms of Service.
License Restrictions. Unless otherwise expressly stated in these Terms of Service or you receive our prior written consent, you may not modify, translate, create derivative works of, copy, distribute, market, display, remove or alter any proprietary notices or labels from, lease, sell, sublicense, clone, transfer, decompile, reverse engineer, or incorporate into any information retrieval system (electronic or mechanical), the Website, Our Marks (defined below) or any materials contained on the Website, or any portion thereof. Further, you may not (i) use the Websites for any unauthorized or illegal purpose or activity including, but not limited to, any activity to obtain or attempt to obtain unauthorized access to the Websites or any materials contained on or available through the Website; (ii) interfere with the proper working of the Websites including, but not limited to, the transmission of any virus, worm, trap door, back door, timer, clock, Trojan horse, denial of service attack or other limiting routine, instruction or design; or (iii) interfere with any other person’s use and enjoyment of the Websites.
The Website, and all the materials contained on it are our property and/or the property of our affiliates or our licensors, sponsors, partners, advertisers, content providers or other third parties, and are protected by copyright, trademark, and other intellectual property laws. You may only use the Website and the materials on it as authorized by us. You may not use the Website or the materials on it in any manner that violates the privacy rights, publicity rights, copyrights, trademark rights, patent rights, contract rights, or any other rights belonging to us or a third party. We reserve the right, at any time and without notice, to suspend, cancel, or terminate your right to use the website (or any portion of the website) for violation (whether repeated or not) of copyrights or any other rights belonging to us or a third party. Any use of our trademarks, service marks, logos, brands, and brand names, trade dress and trade names and other distinctive identification (collectively “Our Marks”) without our express written consent is strictly prohibited. Unless authorized in these Terms of Service or by the owner of the materials, you may not modify, copy, reproduce, republish, upload, post, transmit, translate, sell, create derivative works, exploit, or distribute in any manner or medium (including by e-mail or other electronic means) any material from the Website. Information about permission to reproduce or distribute materials from the Website can be obtained by e-mailing firstname.lastname@example.org
You may download, copy or embed Our Content and other downloadable items displayed on the Website for personal use only, provided that you maintain all copyright and other notices contained therein. Copying or storing of any Our Content for other than personal use is expressly prohibited without prior written permission from, or the copyright holder identified in the copyright notice contained in the Our Content. We reserve the right to require any party sharing Our Content to disable or remove the content should its use violate our policies, rights or causes interruption or deterioration of Our Content.
Before using certain areas of the Websites you may be asked to indicate your acceptance of additional special terms and conditions by clicking a button marked “I Accept” “I Agree” “Okay” “I Consent” or other words or actions that similarly acknowledge your consent or acceptance of a Click-Through Agreement. To the extent there is a conflict between these Terms of Service and any Click-Through Agreement for the activity in which you choose to participate, the Click-Through Agreement will govern.
Certain features and areas of the Website are available only with registration, login, such as a HealthValues Member account number, and/or a paid subscription. If you are required to register and select a unique login and password (“Personal Login Information”), you must keep your Personal Login Information confidential, including taking appropriate measures to maintain the confidentiality, such as logging off and closing the Internet browser, especially when you are connected to the Internet through an unsecured network or when using a public computer. Your Personal Login Information is personal to you and you may not allow any third party to use it under any circumstances. We are not liable for any harm caused by or related to the theft, misappropriation, disclosure, or unauthorized use of your Personal Login Information. You must contact us immediately if you become aware of or believe there is or may have been any unauthorized use of your Personal Login Information, or otherwise wish to deactivate your Personal Login Information due to security concerns.
We reserve the right to take any and all action, as we deem necessary or reasonable to maintain the security of the Website and your account, including without limitation, terminating your account, changing your, password or requesting information to authorize transactions on your account. While we take\ prudent steps to protect your account and the Website, we cannot protect your information outside of the Website. For example, when we communicate with you via unencrypted email from time to time at your request, the communication is not secure, is not stored securely, and the information contained may be viewed by others. You acknowledge that by requesting information by email, you agree that we may transmit it to you from time to time and store it in an unencrypted form and manner. We may rely on the authority of anyone accessing your account or using your password and in no event will we be held liable to you for any liabilities or damage resulting from or arising out of (i) any action or inaction of us under this provision; (ii) any compromise of the confidentiality of your account or password, and (iii) any unauthorized access to your account or use of your password.
You warrant that you will abide by, without limitation, all applicable local, state, national and international laws and regulations with respect to your use of the Website and not interfere with the use and enjoyment of the Website by other users or with HealthValue’s operation and management of the Website. You will, at all times, provide true, accurate, current, authorized, and complete information when submitting information or materials on the Website, including, without limitation, information required to be provided through a HealthValues registration form. If any false, inaccurate, untrue, unauthorized or incomplete information is submitted by you, reserves the right to terminate your access and use of the Website, and/or your HealthValues membership. You warrant that you will not impersonate any other person or entity, whether actual or fictitious, when using the Website or your HealthValues membership, or defame or otherwise harm any party through your use of the Websites or your HealthValues membership.
Use of the Internet and the Website is solely at your risk and is subject to, without limitation, all applicable local, state, national and international laws and regulations. Unless expressly required by law, the does not guarantee the confidentiality or security of any communication or other material transmitted to or from the Website over the Internet or other communication network. We will not be obligated to correct or update the Website or any materials on the Website and shall not be liable for omissions, typographical errors, or out-of-date information which may appear on the Website.
The information on the Website is for informational purposes only, and is not legal or financial advice or a substitute for legal counsel or financial counsel.
The information contained in the Website may or may not reflect the most current financial or legal developments; accordingly, information on the Websites are not promised or guaranteed to be correct or complete, and should not be relied upon as such. As financial and legal advice must be tailored to the specific circumstances of each case, nothing provided on the Website should be used as a substitute for advice of competent counsel. The materials on the Website do not constitute financial advice or legal advice and do not necessarily reflect the opinions of HealthValues.
Third Party Information. The Website features materials, information, products, and services provided by third parties. Any such information, including but not limited to articles, press clippings, opinions, advice, statements, services, offers or other information made available by third parties such as content providers and other users of the Website are those of the respective third party and not of us or our affiliates. We make no representations with respect to, nor do we guarantee or endorse, the quality, non-infringement, accuracy, completeness, timeliness, or reliability of such third party materials, information, services or products.
Advertisers. The Website may contain advertisements. The inclusion of advertisements on the Website does not imply endorsement of the advertised products or services. We shall not be responsible for any loss or damage of any kind incurred as a result of the presence of such advertisements on the Website. Further, we will not be responsible or liable for the statements or conduct of any third party advertisers appearing on the Website. You shall be solely responsible for any correspondence or transactions you have with any third party advertisers.
Links to Third Party Sites.The Website or your HealthValues membership may provide links (including any link through an on-line banner advertisement) to other sites on the Internet for your convenience. These other sites are maintained by third parties. The appearance of any such third party links is not intended to endorse any particular company or product. We make no claim or representation regarding, and expressly disclaim responsibility for, the accuracy, quality, legality, nature, availability, or reliability of third party sites or content. ACCESS AND USE OF THIRD PARTY SITES, INCLUDING THE INFORMATION, MATERIAL, PRODUCTS, AND SERVICES ON THIRD PARTY SITES OR AVAILABLE THROUGH THIRD PARTY SITES, IS SOLELY AT YOUR OWN RISK. Our terms and policies do not govern your use of any site other than the Website. You should review applicable terms and policies, including the privacy and data gathering practices, of any third party site.
No Endorsement. HEALTHVALUES DOES NOT RECOMMEND OR ENDORSE ANY SPECIFIC TESTS, PHYSICIANS, PRODUCTS, PROCEDURES, OPINIONS, OR OTHER INFORMATION THAT MAY BE MENTIONED ON THE WEBSITE.
You Accept this Website “As-Is”. THE HEALTHVALUES WEBSITE, USER SUBMISSIONS, NON-HEALTHVALUES CONTENT, AND ANY OTHER THIRD-PARTY MEDIA, CONTENT, SOFTWARE, SERVICES OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE HEALTHVALUES WEBSITE OR YOUR HEALTHVALUES MEMBERSHIP ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE”, “WITH ALL FAULTS” BASIS AND WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED. THE INFORMATION CONTAINED ON OR PROVIDED THROUGH THIS WEBSITE IS INTENDED FOR GENERAL CONSUMER UNDERSTANDING AND EDUCATION. ANY ACCESS TO THIS WEBSITE IS VOLUNTARY AND AT THE SOLE RISK OF THE USER.
No Warranties. TO THE MAXIMUM EXTENT PERMITTED BY LAW, HEALTHVALUES EXPRESSLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED REPRESENTATIONS, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT AND THOSE ARISING FROM A COURSE OF DEALING, TRADE, USAGE OR PERFORMANCE. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, AND THEREFORE SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM HEALTHVALUES OR THROUGH THE HEALTHVALUES WEBSITE, WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.
Loss of Data. WE, AND OUR CONTENT PROVIDERS, CANNOT AND DO NOT GUARANTEE OR WARRANT AGAINST ERRORS, OMISSIONS, DELAYS, INTERRUPTIONS OR LOSSES, INCLUDING LOSS OF DATA. USERS OF THE WEBSITE ARE RESPONSIBLE FOR MAINTAINING A MEANS EXTERNAL TO HEALTHVALUES FOR THE RECONSTRUCTION OF ANY LOST DATA. WE URGE YOU TO KEEP BACKUP COPIES OF YOUR PERSONAL CONTENT OR USER SUBMISSIONS, IF ANY, THAT YOU MAINTAIN ON OR USE WITH THE WEBSITE. IF YOUR USE OF THE WEBSITE RESULTS IN THE NEED FOR SERVICING OR REPLACING PROPERTY, MATERIAL, EQUIPMENT OR DATA, WE ARE NOT RESPONSIBLE FOR ANY RESULTING COSTS OR DAMAGES.
Website Operation and Non-HealthValues Content. HEALTHVALUES DOES NOT WARRANT THAT THE HEALTHVALUES MATERIALS, USER SUBMISSIONS, NON-HEALTH VALUES CONTENT, HEALTH VALUES WEBSITE, OR ANY OTHER INFORMATION OFFERED ON OR THROUGH THE HEALTHVALUES WEBSITE OR ANY THIRD PARTY SITES WILL BE UNINTERRUPTED, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS AND DOES NOT WARRANT THAT ANY OF THE FOREGOING WILL BE CORRECTED.
Accuracy. HEALTHVALUES DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE HEALTH VALUES WEBSITE OR ANY THIRD PARTY SITES IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.
Harm to your Computer. YOU UNDERSTAND AND AGREE THAT YOUR USE, ACCESS, DOWNLOAD, OR OTHERWISE OBTAIN INFORMATION, MATERIALS, OR DATA THROUGH THE HEALTHVALUES WEBSITE OR ANY THIRD PARTY SITES IS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM) OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF SUCH MATERIAL OR DATA.
Limitation of Liability. HEALTHVALUES ASSUMES NO RESPONSIBILITY FOR ANY CONSEQUENCE RELATING DIRECTLY OR INDIRECTLY TO ANY ACTION OR INACTION YOU TAKE BASED ON OUR WEBSITE, YOUR HEALTHVALUES MEMBERSHIP, THE PRODUCTS, SERVICES OR OTHER CONTENT. YOU MUST EVALUATE AND BEAR ALL RISKS ASSOCIATED WITH THEIR USE, INCLUDING ANY RELIANCE ON THEIR ACCURACY, COMPLETENESS OR USEFULNESS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES, AND UNDER NO LEGAL THEORY, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL HEALTHVALUES OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD PARTY PARTNERS OR SUPPLIERS (COLLECTIVELY “HV PARTIES”) BE LIABLE TO YOU OR ANY OTHER PERSON FOR INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, SPECIAL, STATUTORY, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, LOST REVENUE, LOSS OF DATA, LOSS OF PRIVACY, LOSS OF GOODWILL OR ANY OTHER LOSSES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IN THE EVENT OF FAULT, TORT (INCLUDING NEGLIGENCE) OR STRICT OR PRODUCT LIABILITY, EVEN IF HEALTHVALUES OR A HEALTHVALUES REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Limitation of Damages. IN NO EVENT SHALL HV PARTIES’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE HEALTHVALUES WEBSITE (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), WARRANTY, OR OTHERWISE) EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100 USD) OR FEES PAID FOR YOUR HEALTHVALUES MEMBERSHIP IN THE PRECEDING TWO (2) MONTHS.
Third Party Sites. THESE LIMITATIONS SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF ANY PRODUCTS OR SERVICES SOLD OR PROVIDED ON ANY THIRD PARTY SITES OR OTHERWISE BY THIRD PARTIES OTHER THAN HEALTHVALUES AND RECEIVED BY YOU THROUGH OR ADVERTISED ON THE HEALTHVALUES WEBSITE OR RECEIVED BY YOU THROUGH ANY THIRD PARTY SITES.
Limitations by Applicable Law. CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF YOU RESIDE IN SUCH A JURISDICTION, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. THE LIMITATIONS OR EXCLUSIONS OF WARRANTIES, REMEDIES, OR LIABILITY CONTAINED IN THESE TERMS APPLY TO YOU TO THE FULLEST EXTENT SUCH LIMITATIONS OR EXCLUSIONS ARE PERMITTED UNDER THE LAWS OF THE JURISDICTION IN WHICH YOU ARE LOCATED.
Basis of the Bargain. YOU ACKNOWLEDGE AND AGREE THAT HEALTHVALUES HAS OFFERED THE HEALTHVALUES MEMBERSHIP AND ITS PRODUCTS AND SERVICES AND ENTERED INTO THESE TERMS OF SERVICE IN RELIANCE UPON THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN, THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND HEALTHVALUES AND THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND HEALTHVALUES. YOU ACKNOWLEDGE AND AGREE THAT HEALTHVALUES WOULD NOT BE ABLE TO PROVIDE THE HEALTHVALUES WEBSITE OR HEALTHVALUES MEMBERSHIP, PRODUCTS OR SERVICES TO YOU ON AN ECONOMICALLY REASONABLE BASIS WITHOUT THESE LIMITATIONS.
If You Are Dissatisfied With The Website, Any Materials, Products, Or Services On The Website, Or With Any Of The Website’s Terms And Conditions, Your Sole And Exclusive Remedy Is To Discontinue Using The Website.
This Website is operated by a U.S. entity and is governed by the state and federal laws of the United States. The laws of your jurisdiction may be more or less strict than the laws that apply to this Website. If you access this Website from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.
This Website is designed for and intended for use by adults and may only be used by individuals who can enter into legally binding contracts under applicable law.
These terms and conditions shall be governed by and construed in accordance with the laws of the State of Minnesota applicable to agreements made and entirely to be performed within Minnesota, without resort to its conflict of law provisions. Regardless of where you access this site, you agree that any action at law or in equity arising out of or relating to these terms and conditions shall be filed and adjudicated only in the federal or state courts located in Minneapolis, Minnesota, and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction and venue of such courts over any suit, action or proceeding arising out of these terms and conditions. Neither the Uniform Computer Information Transaction Act nor the United Nations Convention on Contracts for International Sale of Goods apply and their applicability is expressly excluded. Printed copies of any and all agreements and/or notices in electronic form shall be admissible in any legal, investigative or regulatory proceedings.
Notwithstanding any of these terms and conditions, we may, at any time and without notice, suspend, cancel, or terminate your right to use the Website (or any portion of the Website). In the event of suspension, cancellation, or termination, you are no longer authorized to access the part of the Website affected by such suspension, cancellation, or termination. In the event of any suspension, cancellation, or termination, the restrictions imposed on you with respect to material downloaded from the Website, and the disclaimers and limitations of liabilities set forth in these Terms of Service, shall survive. Upon termination, you must destroy all copies of any portion of the Websites, including any of Our Content, in your possession.
The failure of to exercise or enforce any right or provision in these Terms of Service shall not constitute a waiver of such right or provision. If any provision of these Terms of Service is found by a court of competent jurisdiction to be invalid, illegal, or unenforceable, such provision shall be enforced to the fullest extent of the law, and all other provisions shall remain in full force and effect.
Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to your HealthValues membership or your use of the Websites must be filed by you within one (1) year after such claim or cause of action arose or be forever barred.
© 2016 – HealthValues, LLC. HealthValues member benefits, including all goods and services, are provided by third parties, not by HealthValues and its affiliates. Provider goods and services are subject to change and may have restrictions. Please contact the provider directly for details.