This agreement and the policies referred to herein contain the terms and conditions that apply to your access and use of the services offered by Precision Health Solution, LLC (“Company”) through its Internet Web site located at http://www.myprecisionhealth.com (the “Web Site”). Such services and the Web Site together are hereinafter collectively referred to as the “Service.”
PLEASE READ THIS AGREEMENT CAREFULLY. THIS AGREEMENT GOVERNS YOUR USE OF THE SERVICE. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT OR ANY REVISED VERSION OF THIS AGREEMENT, PLEASE DO NOT USE THE WEB SITE OR THE SERVICE.
- Acceptance. By browsing the Web Site, or creating an account using the Service and clicking “I Accept” during the registration process you, the Web Site user, agree to be bound by the agreement formed by these Terms and Conditions of Use (this “Agreement”). Non-registered users may only browse the Web Site and may not access features or services which may not function properly, if at all. Company reserves the right, at its sole discretion, to change, modify, add, or remove portions of this Agreement at any time effective immediately upon notice via the Web Site. If you are a registered user, Company will notify you of any changes at the email address you provided during registration. Please check this Agreement periodically for changes. Continued use of the Web Site following the posting of changes to this Agreement and/or notices provided via email (regardless of whether such email notices have been received) shall mean you have read and accept such changes. You separately acknowledge, agree, represent and warrant that any information provided by you to Company or through the Web Site is true, accurate, correct, and complete and that this representation is an essential and material provision of this Agreement. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT CLICK “I ACCEPT” AND DO NOT USE THE WEB SITE.
- Age Requirement. To browse this Web Site or register for use of the Service on your own behalf, you must be at least 18 years of age. If you are at least 13 years of age, but under 18 years of age, you must present this Agreement to your parent or legal guardian, and he or she must click “I ACCEPT” to enter into this Agreement on your behalf. Children under 13 years of age may not register for the Service, nor may parents or legal guardians register on their behalf. If you are a parent or legal guardian entering this Agreement for the benefit of your child or a child in your legal care, be aware that you are fully responsible for the child’s use of the Service, including all financial charges and legal liability that he or she may incur.
- The Service.
3.1 Description of the Service. Company provides an interactive Internet web site and communications to individuals (“Clients”) seeking to obtain Consulting services in the fields of health and nutrition; Counseling services in the fields of health, nutrition and lifestyle wellness; Dietary and nutritional guidance; information on health and nutrition; healthy lifestyle and nutrition services, namely, personal assessments, personalized routines, maintenance schedules, and counseling; and, information in the field of nutrition. The Service enables registered Users to access a collection of web-based resources, including without limitation various communications tools, forums, search services, personalized content and user-generated content which may be accessed through any medium or device now known or hereafter developed. Any reference to the Service herein shall include the Web Site. You acknowledge and agree that the Service may include advertisements and that these advertisements are necessary for Company to provide the Services. You acknowledge and agree that the Service may include certain communications from Company, such as service announcements and administrative messages and, that these communications are considered part of your membership and you will not be able to opt out of receiving them. Unless explicitly stated otherwise, any new features that augment or enhance the current Service, shall be subject to the Agreement. You are responsible for obtaining access to the Service, and that access may involve third-party fees (such as Internet service provider or airtime charges). In addition, you must provide and are responsible for all equipment necessary to access the Service.
3.2 No Medical Advice. The information contained in this Web Site is presented for the purpose of educating consumers on health, wellness, and related topics and providing general information on Company. NOTHING CONTAINED IN THE WEB SITE IS INTENDED TO BE MEDICAL ADVICE FOR DIAGNOSIS OR TREATMENT AND SHOULD NOT BE RELIED UPON AS YOUR PRIMARY SOURCE FOR HEALTH OR MEDICAL INFORMATION.
THE INFORMATION SHOULD NOT BE CONSIDERED COMPLETE AND SHOULD NOT BE RELIED ON TO SUGGEST A COURSE OF TREATMENT FOR A PARTICULAR INDIVIDUAL OR USED IN PLACE OF A VISIT, CALL, CONSULTATION OR THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTH CARE PROVIDER. YOU SHOULD NEVER DISREGARD MEDICAL ADVICE OR DELAY IN SEEKING IT BECAUSE OF SOMETHING YOU HAVE READ ON THE WEB SITE. INFORMATION ON THIS WEB SITE IS INTENDED TO AUGMENT OTHER SOURCES OF INFORMATION AND SHOULD NOT BE CONSIDERED A SUBSTITUTE FOR YOUR PERSONAL RESPONSIBILITY AND DILIGENCE.
INFORMATION CONTAINED IN THE WEB SITE IS NOT EXHAUSTIVE AND DOES NOT COVER ALL DISEASES, AILMENTS, PHYSICAL CONDITIONS OR THEIR TREATMENT. SHOULD YOU HAVE ANY HEALTH CARE RELATED QUESTIONS, CALL OR SEE YOUR PHYSICIAN OR OTHER QUALIFIED HEALTH CARE PROVIDER PROMPTLY, OR CONTACT YOUR LOCAL EMERGENCY SERVICES IN CASE OF AN EMERGENCY. ALWAYS CONSULT WITH YOUR PHYSICIAN OR OTHER QUALIFIED HEALTH CARE PROVIDER WITH YOUR HEALTH CARE RELATED QUESTIONS, OR BEFORE EMBARKING ON A NEW TREATMENT, DIET OR FITNESS PROGRAM.
Certain information contained in the Web Site is compiled from a variety of third party sources. Neither Company nor its information providers directly or indirectly practice medicine as part of the Web Site, or dispense medical services as part of the Web Site.
3.3 Billing & Payment. Users of the Service will be required to provide their credit card or bank account details to Company and the Payment Service Provider retained by Company (the “PSP”). Clients are responsible for paying the applicable fees and charges. Company reserves the right, in its sole discretion (but not the obligation), to arrange for refund or provide credits. Users of the Service will be liable for any taxes (including VAT, if applicable) required to be paid on the Services provided under the Agreement (other than taxes on the Company’s income).
- Member Accounts, Passwords & Security. Visitors may browse the contents of the Web Site. Registered users will receive a password and account designation upon completing the registration process. If you register with Company to create an account (“Account”), You are responsible for maintaining the confidentiality of the password and Account, and are fully responsible for all activities that occur using such password or Account. You agree to (a) immediately notify Company of any unauthorized use of your password or account or any other breach of security of which you become aware, and (b) ensure that you exit from your account at the end of each session. COMPANY SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE ARISING FROM YOUR FAILURE TO COMPLY WITH THIS SECTION 4. You agree to provide true, accurate, current and complete information, including verification that You are thirteen (13) years of age or older and to update registration information in order to keep such information current. Company reserves the right to terminate your Account, access to the Web Site and access to the Service if any registration information provided is false, inaccurate or incomplete.
- License & Access. Provided that you are in compliance with this Agreement, Company grants you a limited, revocable, royalty-free, non-assignable, non-sublicensable license to access and make personal use of the Service and not to download (other than page caching) or modify any third-party content, the Service, or any portion of the Web Site, except with express written consent of Company. This license does not include any resale or commercial use of the Service or its contents; any derivative use of the Service or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools.
You shall not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of the Web Site, Company or our affiliates without express written consent. You shall not use any meta tags or any other “hidden text” utilizing Company’s name or trademarks without the express written consent of Company. Any unauthorized use terminates the permission or license granted by Company. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of the Web Site so long as the link does not portray Company, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter, as determined by Company in its sole an absolute discretion. You shall not use any Company logo or other proprietary graphic or trademark as part of the link without express written permission.
5.1 Content. In this Agreement, all content comprised of music, audio, video, audio-visual works, text, graphics, artwork, images, photographs, animations, data, information, software, designs and other materials and legally-protectable elements of the Service, Company’s services, tangible or intangible, including, without limitation, the selection, sequence, “look and feel” and arrangement of items, as well as all copyrights and copyrightable elements relating to the forgoing, trademarks, service marks, brand and trade names which you may encounter or use are wholly-owned by and proprietary to Company (“Company Proprietary Information”). All music, audio, video, audio-visual works, text, graphics, artwork, Images, photographs, animations, data, information, software, designs and other materials shall individually and collectively, be referred to as “Content.”
5.2 Access. The words “use” or “using” or “consumer” or “consuming” in this Agreement, means any time any individual, including you, directly or indirectly, with or without the aid of a machine, automated or other device, does or attempts to access, interact with, use, display, view, print or copy or use any portion, feature, function or aspect of the Service, transmit, receive or exchange data or communicate with the Service, or in any way utilize, benefit, take advantage of, or interact with any function, service or feature of the Service, for any purpose whatsoever. This Agreement does not cover your rights or responsibilities with respect to third party Content or web sites or any links that may direct your browser or connection to third party web sites or pages.
5.3 System Requirements. Use of the Service, requires Internet access (fees may apply), software (fees may apply), and may require obtaining updates or upgrades from time to time. Therefore, your ability to use the Service may be affected by these factors. You acknowledge and agree that such system requirements are exclusively your responsibility. You acknowledges that use of the Service may require the use of other hardware and software products and that such hardware and software is your responsibility.
5.4 Deleted Content. In the event that Content is removed, then it may not be downloadable from Company or the Service even if it continues to show up in search results. The link to download may be removed at any time for any reason. Company reserves the right to inform, or not inform you, of Content marked for deletion.
5.5 Representations & Warranties. You hereby represent and warrant that: (a) no part of this Agreement is or will be inconsistent with any obligation you may have to others; (b) you have the full right and authority to provide the assignments and rights granted to Company herein.
- Restrictions on Use. Unless otherwise noted, all Content is comprised of copyrights, trademarks, trade dress and/or other intellectual property owned, controlled or licensed by Company. No Content from the Service may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, except with express written consent of Company.
6.1 General Restrictions. You shall not commit any of the following acts through the Service:
(a) transmit any content that is hateful, or racially, ethnically or otherwise objectionable;
(b) use foul language or post links to adult-oriented Web sites;
(c) transmit any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of unrequested solicitation;
(d) post advertising messages or solicitations, URLs containing a referral code or referral address, or links to businesses or pages with advertising, including “blind” or “hidden” referral links; or
(e) collect, store, use or disseminate personal data or information about other users in any manner whatsoever, including but not limited to, solicitation of products or services by mail, telephone or e-mail (e.g. e-mail addresses).
6.2 Restrictions on use of Content. In the event that you view, display, download or copy any audio, video, audio-visual works, text, graphics, artwork, images, photographs, animations, data or other information from the Service, You agree to the following restrictions which may be revised by Company in its sole and absolute discretion at any time:
(a) you are authorized to use the Service only for personal, non-commercial use; use of the Service does not transfer any commercial or promotional use rights in Company Proprietary Information or any third-party Content.
(b) Content may be subject to technical copyright protections in addition to the copyright restrictions afforded the copyright owner by law.
(c) you shall not make any derivative use of Content.
6.3 You agree to not upload harmful or malicious material which may cause damage to the functioning of the Service or may render the Service unavailable for use.
- Violations. In addition to any and all remedies at law or in equity, any intentional violation of this Agreement shall give Company the right to immediately suspend or cancel Services or Accounts without further liability.
- Intellectual Property Rights. Company is the owner of the following trade names and trademarks: “Precision Health Solutions,” and Company’s logo. You may not use any of Company’s trademarks without express written consent.
- Privacy. It is the policy of Company to respect the privacy of all Users. Therefore, in addition to the privacy of registration data, Company shall not monitor, edit, or disclose the contents of a guest’s e-mail and other information unless required in the course of normal maintenance and operation of the Service and its systems or unless required to do so by law or in the good-faith belief that such action is necessary to: (1) comply with the law or comply with legal process served on Company; (2) protect and defend the rights or property of Company; or (3) act in an emergency to protect the personal safety of our users or the public. You shall remain solely responsible for the content of their messages. Company’ Privacy Statement can be found www.myprecisionhealth.com.
- Indemnity. You shall indemnify, defend and hold harmless Company, its members, managers, officers, employees and agents, from and against any and all liabilities, claims, costs, assessments, fees or expenses of any kind, including without limitation defense costs and reasonable attorneys’ fees arising from or related in any way to: a) any claim which, if proved, would breach any of your warranties, representations or covenants contained in this Agreement, and b) your breach of any term or condition of this Agreement.
- Term, Termination & Removal of Content.
11.1 This Agreement is effective the earlier of (i) the first date the Service is accessed by you, or (ii) you click “I Accept” (the “Effective Date”) and shall continue in effect until terminated by either party. You may terminate this Agreement at any time by destroying all materials obtained from the Service and all related documentation and all copies and installations thereof, whether made under this Agreement or otherwise. This Agreement shall terminate immediately without notice from Company if in Company’s sole discretion you fail to comply with any term or provision of this Agreement. Upon termination, your right to access and use the Service shall be terminated, your account shall be terminated and you shall destroy all materials obtained from the Service and all copies thereof, whether made under the terms of this Agreement or otherwise.
11.2 Company may, at its sole discretion and at any time, discontinue providing access to the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this Agreement may be effected immediately upon notice. Further, you agree that Company shall not be liable to you or to any third party for any termination of your access to the Service.
11.3 Technical Errors Not a Breach. You acknowledge and agree that the Internet is sometimes unreliable, slow or inactive and that Company shall not be responsible for any delays and/or errors in the Service caused by Company’s Internet connection, equipment (including servers) failure, distributors and/or delivery services and/or by Acts of God, and/or any other cause beyond the control of Company, nor shall Company be responsible for any failure or unavailability of any Prototype(s), Content due to transmission errors and/or any other cause beyond the control of Company.
- Jurisdiction. Unless otherwise specified, the materials in this Service are presented solely for the purpose of promoting content and other products available in the United States, its territories, possessions, and protectorates. The Service is controlled and operated by Company from its offices within the State of Illinois, United States of America. Company makes no representation that materials in the Service are appropriate or available for use in other locations. Those who choose to access the Service from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
- Service Guarantee. Company is a third party-retailer and does not manufacture, produce or warranty any products. The quality or condition of the products ordered are the sole responsibility of the vendor producing the product. Company is not responsible for the original product quality. Clients may seek refunds from the vendor. All sales are final.
- Disclaimer. THE SERVICE, CONTENT AND MATERIALS ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
COMPANY DOES NOT WARRANT THAT THE SERVICE, CONTENT OR OTHER FUNCTIONS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICE, CONTENT, THE WEB SITE OR THE SERVER(S) THAT MAKE THE WEB SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. COMPANY DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SERVICE OR THE MATERIALS IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.
COMPANY IS NOT RESPONSIBLE FOR ANY INCORRECT OR INACCURATE CONTENT PUBLISHED ON THE WEB SITE OR IN CONNECTION WITH THE SERVICE. CONTENT TYPES AND DESCRIPTIONS ARE PROVIDED FOR CONVENIENCE, AND YOU ACKNOWLEDGE AND AGREE THAT COMPANY DOES NOT GUARANTEE THEIR ACCURACY. COMPANY ASSUMES NO RESPONSIBILITY AND SHALL NOT BE LIABLE FOR ANY ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMMUNICATIONS LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, OR ALTERATION OF THE SERVICE. COMPANY IS NOT RESPONSIBLE FOR ANY PROBLEMS OR TECHNICAL MALFUNCTION OF ANY TELEPHONE NETWORK OR LINES, COMPUTER ONLINE SYSTEMS, SERVERS OR PROVIDERS, COMPUTER EQUIPMENT OR SOFTWARE, OR THE FAILURE OF EMAIL ON ACCOUNT OF TECHNICAL PROBLEMS OR TRAFFIC CONGESTION ON THE INTERNET OR AT ANY WEB SITE, INCLUDING INJURY OR DAMAGE TO ANY PERSON’S COMPUTER RELATED TO OR RESULTING FROM PARTICIPATING OR DOWNLOADING MATERIALS IN CONNECTION WITH THE WEB SITE OR THE SERVICE.
- Limitation of Liability. UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO NEGLIGENCE SHALL COMPANY BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SERVICE, EVEN IF COMPANY OR A COMPANY AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OR LIKELIHOOD OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL COMPANY’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU TO COMPANY, IF ANY, FOR ACCESSING THE SERVICE.
- Links to Outside Web Sites and Services. To the extent that the Service contains links to outside services and resources, Company does not control the availability and content of those outside services and resources. Any concerns regarding any such service or resource, or any link thereto, should be directed to the particular service or resource.
- Copyrights and Copyright Agents. If you believe that your work has been copied in a way that constitutes copyright infringement or that your intellectual property rights have been otherwise violated, please provide Company’s Copyright Agent the following information:
(a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
(b) a description of the copyrighted work or other intellectual property that you claim has been infringed;
(c) a description of where the material that you claim is infringing is located on the site;
(d) your address, telephone number, and email address;
(e) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
(f) a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
Company’s Agent for Notice of claims of copyright or other intellectual property infringement:
Precision Health Solutions, LLC
PO Box 5455
Chicago, IL 60680
18.2 No Expectation of Privacy. By using the Service, you acknowledge and agree that Internet transmissions are never completely private or secure. You acknowledge and agree that any message or information posted on the Service or sent to Company may be read or intercepted by others, even if there is a special notice that a particular transaction or transmission (for example, credit card information) is encrypted.
18.3 This Agreement shall be governed by and construed in accordance with the laws of the State of Delaware. You agree that any action at law or in equity arising out of or relating to this Agreement shall be litigated only in the state or federal courts located in the State of Illinois and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. The parties hereby irrevocably consent to service of process in connection with any controversy by the mailing thereof by registered mail or certified mail, postage prepaid to the respective parties at their respective addresses set forth in or designated pursuant to this Agreement. If any provision of this Agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions.