The Healthery (“Healthery”)
Terms & Conditions
Any of the following actions constitute your agreement, without limitation or qualification, to be bound by, and to comply with, the terms of this Agreement: your initialization or purchase of our Services, either on the telephone, mail or through the Website; or your use of the Website.
Healthery only provides services at your specific direction.
You understand that Healthery website cannot and does not guarantee or warrant that files available for downloading from the Internet will be free of viruses, worms, Trojan horses or other code that may manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to this site for any reconstruction of any lost data. Healthery does not assume any responsibility or risk for your use of the Internet.
The Content is not necessarily complete and up-to-date and should not be used to replace any written reports, statements, or notices provided by Healthery.
YOUR USE OF THIS SITE IS AT YOUR OWN RISK. THE CONTENT IS PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED. Healthery DISCLAIMS ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NONINFRINGEMENT. Healthery DOES NOT WARRANT THAT THE FUNCTIONS OR CONTENT CONTAINED IN THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. Healthery DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING USE, OR THE RESULT OF USE, OF THE CONTENT IN TERMS OF ACCURACY, RELIABILITY, OR OTHERWISE. THE CONTENT MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS, AND Healthery MAY MAKE CHANGES OR IMPROVEMENTS AT ANY TIME. YOU, AND NOT Healthery, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY LOSS OR DAMAGE ARISING FROM THE USE OF THIS SITE OR ITS CONTENT. Healthery MAKES NO WARRANTIES THAT YOUR USE OF THE CONTENT WILL NOT INFRINGE THE RIGHTS OF OTHERS AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH CONTENT.
Limitation of Liability
Healthery WEBSITE, ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS WILL NOT BE LIABLE FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES, WHICH INCLUDE, WITHOUT LIMITATION, LOSS OF REVENUE OR INCOME, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOST DATA AND BUSINESS INTERRUPTION, OR SIMILAR DAMAGES, ARISING OUT OF THE USE OF, OR INABILITY TO USE, THE SITE, , EVEN IF Healthery HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY CASE, THE COLLECTIVE LIABILITY OF Healthery AND ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) IS LIMITED TO THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESS TO THE SITE.
Warranty and Indemnification
Limitation on License
The material and content accessible from this site, and any other Website owned, operated, licensed, or otherwise controlled by Website Owner (the “Content”) is the proprietary information of Website Owner or the party that provided or licensed the Content to Website Owner, whereby such providing party retains all right, title, and interest in the Content.
The license granted to you in these Terms of Service is restricted as follows:
Limitations on Use. You agree to use the Healthery website only for lawful purposes, and in a manner that does not infringe the rights of, or restrict or inhibit the use of the Healthery website by any third party. Such restriction or inhibition includes, without limitation, conduct which is unlawful, or which may harass or cause distress or inconvenience to any person and the transmission of obscene or offensive content or disruption of normal flow of dialogue within this website. As a condition to your use of the Healthery website, you agree not to:
Limitations on Reverse Engineering and Modification. You may not reverse engineer, decompile, disassemble, modify or create works derivative of the Site or any materials accessed through the Site,
Healthery website may contain forums, bulletin board services, chat areas, message boards, news groups, communities, personal web pages, calendars, and/or other message or communication facilities designed to allow you to communicate with the Internet community or with a group (collectively, “Communications Services”). You agree to use the Communication Services only to post, send and receive messages and content that are proper and related to the particular Communication Service. Among other actions, when using a Communication Service, you agree that you will not post, send, submit, publish, or transmit in connection with this site any material that:
Severability – If any portion of this agreement is found to be unenforceable or void by a court of law, then the provision that is found to be void or unenforceable shall be deemed severable from the remaining provisions of this Agreement. Furthermore, severability shall not affect the validity or enforceability of the remaining provisions of this Agreement.
Termination of This Agreement – You understand and agree that we may terminate this Agreement, Use of this website and your Certification for any reason and at any time upon notice. Healthery and its employees have sole discretion to refuse to provide services to you and are not liable to you for damages or loss that may result from our refusal to provide you services.
9.5 Articles – All articles are for informational purposes only. Regarding medical treatment always seek the advice of a physician. If you think you may have a medical emergency, call your doctor or 911 immediately. Healthery does not endorse any specific tests, physicians, products, procedures, opinions on this site. Nothing in the articles should be considered, or used as a substitute for, medical advice, diagnosis, sole prevention or treatment. All articles are provided “as is”.
It is our policy to respond to clear notices of alleged copyright and trademark infringement on any of our websites that comply with the Digital Millennium Copyright Act (DMCA), 17 U.S.C. §512(c)(3).
Healthery respects the intellectual property of all others and demands that its Users do the same. If you believe your copyrights are being used without authorization on the Website, please submit a notification to us according to the following DMCA Guidelines.
You may submit your Notification of Alleged Copyright Infringement by sending it to our Designated Agent by mail or e-mail as set forth below.
In addition, we will promptly terminate without notice the accounts of those determined by us to be “repeat infringers.” If you are a copyright owner or an agent thereof, and you believe that any content hosted on our website infringes your copyrights, then you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing the Copyright Agent with the following information in writing:
Please note that under Section 512(f) of the DMCA, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.
Please note that our copyright agent will send a copy of such notices to both the individual that uploaded the allegedly infringing content and the creator of the social network where the content appears.
If you elect to send us a counter notice, to be effective it must be a written communication that includes the following:
Please note that under Section 512(f) of the DMCA, any person who knowingly materially misrepresents that material or activity was removed or disabled by mistake or misidentification may be subject to liability.
Our copyright agent only accepts counter-notices that meet the requirements set forth above and are received from the email address associated with the our copyright agent account you used to upload the content within 10 business days of our forwarding you the DMCA notice. You may submit your Counter Notification by sending it to our Designated Agent by mail or e-mail as set forth below in Section C.
The Designated Copyright Agent to receive notifications and counter-notifications of claimed infringement can be reached as follows:
c/o Healthery Privacy
email to [email protected]
For clarity, only DMCA notices should go to the Designated Copyright Agent. Any other communications related to the Website should be directed to the Website Creator. You acknowledge that if you fail to comply with all of the requirements of this section, your DMCA notice may not be valid.