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PAID SUBSCRIPTION TERMS OF SERVICE
1. ACCEPTANCE OF TERMS
HealthRadio (HR) provides its service to you, subject to the following Terms of Service ("TOS"), which may be updated by us from time to time without notice to you. You can review the most current version of the TOS at any time at: http://HealthRadio,net/tos. Your use of the website constitutes your agreement to all such terms, conditions, policies and notices (the "Agreement").
2. DESCRIPTION OF SERVICE
HealthRadio provides users with access to a collection of resources through its network of properties (the "Service"), including access to the free HealthRadio website and access to premium content. HealthRadio offers a free membership, and a paid membership.
Unless explicitly stated otherwise, any new features which augment or enhance the current Service, including the release of new HealthRadio properties, shall be subject to the TOS. You understand and agree that the Service is provided "as-is" and that HealthRadio assumes no responsibility for the timeliness, deletion, misdelivery or failure to store any user communications or personalization settings.
You are responsible for obtaining access to the Service by joining through HealthRadio's registration page or subscribing to the HealthRadio premium content. You understand that access to the Service may involve third party fees (such as Internet service provider charges) and you agree that you are responsible for those fees. In addition, you must provide and are responsible for all equipment necessary to access the Service.
3. MODIFICATIONS TO SERVICE
HealthRadio reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that HealthRadio shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
HealthRadio may change, add or remove any part of this Agreement, or any other terms associated with the use of the site, at any time, by posting a notice of such changes to the Terms of Service page of the website. Any changes shall become part of the Agreement and shall apply as soon as such a notice is posted. By continuing to use HealthRadio after the notice is posted, you are indicating your acceptance of those changes.
4. FEES AND PAYMENTS
HealthRadio charges the following fees to become a Premium HealthRadio member. In order to use the Service or designated portions of the Service you will be required to register and create an account. You agree to pay all fees and charges, including applicable taxes, incurred through your account at the rates in effect for the billing period in which such fees and charges are incurred. HealthRadio reserves the right to change the amount of, or basis for determining, any Fees, and to institute new Fees, effective upon prior notice to you.
In order to set up a Premium HealthRadio membership with HealthRadio, you must provide HealthRadio with valid credit card information. By submitting such credit card information, you give HR permission to charge all Fees incurred through your account to the credit card you designate on the Registration Form, including an activation fee and ongoing continuity payments. All Fees (other than renewal fees) will be charged at the time they are incurred (including shipping and handling charges).
Premium Membership: $0 (Not offered at this time.)
5. REGISTRATION AND ACCOUNT CREATION
As part of the registration and account creation process, you will select a member ID (username) and a password. You will provide HealthRadio with certain registration information, all of which must be accurate and updated (if any of your registration information changes, you can update it by visiting your My Profile page). You will be solely responsible for maintaining the confidentiality of your password. You are solely responsible for all usage or activity on your HealthRadio account including, but not limited to, use of the account by any person authorized by you to use your member ID and password.
6. NON-TRANSFERABILITY OF MEMBERSHIP
Your right to use this site is personal to you and you may not sub-license, transfer, sell or assign this agreement to any third party without our approval. Any attempt to do so will be void and may result in the cancellation of your account.
7. MEMBERSHIP RENEWAL AND CANCELLATION
HealthRadio will automatically renew and charge your account every monthly anniversary of the date on which you joined depending on the membership plan that you selected during enrollment. By registering, you give permission to HealthRadio to automatically charge your membership fee to your credit card monthly depending on your membership plan. You may "opt out" of this automatic renewal at any time by visiting the Edit My Account page and changing your preference. Or, at any time prior to the end of the applicable billing period, you may give HealthRadio notice by email to
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that you do not wish to renew your account. HealthRadio will cancel your Insiders Health account upon receipt of such notification from you.
The renewal charge will be equal to your original sign-up price; for those joining at discounted rates, renewal charges will revert to the regular price for the plan you initially selected. You may cancel a monthly membership at any time but will not receive a refund for your membership fee. No other refunds will be offered.
8. SPONSORS, THIRD PARTIES AND ADVERTISERS
Your correspondence or business dealings with, or participation in promotions of, sponsors, third parties or advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such sponsor, third party or advertiser. You agree that HealthRadio shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such sponsors, third parties or advertisers on the Service.
9. SPECIAL OFFERS / PRODUCT DISCLAIMER
From time to time HealthRadio may offer limited-time incentives that members may opt to receive as part of their membership. These incentives may include, but are not limited to books, special reports, free samples of vitamins or supplements, and discounts on various products and services.
By agreeing to these Terms & Conditions, you are also agreeing that you have read and understand the following:
a. I understand the statements regarding these products have not been evaluated by the Food and Drug Administration.
b. This product is not intended to diagnose, treat, cure or prevent any disease.
c. I understand the information on this website or in emails is designed for educational purposes only and is not intended to be a substitute for informed medical advice or care.
d. I understand I should not use this information to diagnose or treat any health problems or illnesses without consulting my doctor.
e. I also understand that this product is not intended or to be used to treat any type of medical condition such as obesity.
f. I understand these products are not intended for use by persons under 18 years of age.
g. I understand I should consult a physician before using any product.
h. I understand the information contained in the website is provided for informational purposes only and is not meant to substitute for the advice provided by a doctor or other health care professional.
i. I understand I should not use the information available on or through the website (including, but not limited to, information that may be provided on the website by health care or nutrition professionals employed by or contracting with HealthRadio) for diagnosing or treating a health problem or disease, or prescribing any medication.
10. LINKS
HealthRadio may provide, or third parties may provide, links to other World Wide Web sites or resources. Because HealthRadio has no control over such sites and resources, you acknowledge and agree that HealthRadio is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, accuracy, quality, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that HealthRadio shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
11. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
a. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. HEALTHRADIO EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
b. HEALTHRADIO MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED, (vi) OR THAT THIS WEBSITE, ITS CONTENT, AND THE SERVERS ON WHICH THE WEBSITE AND CONTENT ARE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
c. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
d. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM HEALTHRADIO OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
e. THIS WEBSITE MAY CONTAIN VARIOUS COMBINATIONS OF TEXT, IMAGES, AUDIOVISUAL PRODUCTIONS, OPINIONS, STATEMENTS, FACTS, ARTICLES, HEALTH DATA, OR OTHER INFORMATION CREATED BY HEALTHRADIO OR BY THIRD-PARTIES. DUE TO THE NUMBER OF SOURCES FROM WHICH CONTENT IN THIS SITE IS OBTAINED, AND THE INHERENT HAZARDS OF ELECTRONIC DISTRIBUTION, THERE MAY BE DELAYS, OMISSIONS OR INACCURACIES IN SUCH CONTENT. ACCORDINGLY, SUCH CONTENT, INCLUDING THE HEALTH DATA, IS FOR YOUR REFERENCE ONLY AND SHOULD NOT BE RELIED UPON BY YOU FOR ANY PURPOSE. SUCH CONTENT IS NOT INTENDED FOR THE PURPOSE OF HEALTH ADVICE AND IT DOES NOT ADVOCATE THE PURCHASE OR SALE OF ANY PRODUCT OR SERVICE.
f. INFORMATION CREATED BY THIRD PARTIES THAT YOU MAY ACCESS ON THE SITE OR THROUGH LINKS IS NOT ADOPTED OR ENDORSED BY HEALTHRADIO AND REMAINS THE RESPONSIBILITY OF SUCH THIRD PARTIES.
12. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT HEALTHRADIO SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF HEALTHRADIO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
13. EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 6 AND 7 MAY NOT APPLY TO YOU.
14. TRADEMARK AND INTELLECTUAL PROPERTY INFORMATION
All materials on this site ("Online Materials"), including, without limitation, names, logos, trademarks, service marks, images, articles, columns, graphics, photographs, illustrations, artwork, audio clips, video clips, software, and other elements making up the Service are protected by copyrights and other intellectual property rights owned and controlled by HealthRadio or by other parties that have licensed their material to HealthRadio. Except as specifically provided herein, no Online Materials may be copied, reproduced, republished, downloaded, posted, transmitted, or distributed in any way, or otherwise used for any purpose, without the prior written permission of their respective owners. Any unauthorized attempt to modify any Online Material, to defeat security features, or to utilize this site for other than its intended purposes is prohibited.
HealthRadio and other logos and product and service names are trademarks of HealthRadio All other trademarks appearing on the Site are trademarks of their respective owners and our reference to them does not imply or indicate any approval or endorsement by their owners unless such approval or endorsement is expressly made. It is understood that HealthRadio is an information site and service and that references to other names and trademarks are necessary in the course of providing news and commentary about the subjects that this site covers. HealthRadio will enforce its intellectual property rights to the fullest extent of the law.
If you are a copyright owner or an agent thereof and you believe that any content on the HealthRadio site infringes upon your copyrights, you may submit a notice pursuant to the Digital Millennium Copyright Act ("DMCA") by following the directions under "Copyright Agent" below in the general Terms of Use section.
15. NON-WAIVER
The failure of HealthRadio to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.
16. HEADINGS FOR CONVENIENCE ONLY
The section titles in the TOS are for convenience only and have no legal or contractual effect.
17. VIOLATIONS
Please report any violations of the TOS to our Customer Care group:
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18. INDEMNIFICATION
You agree to indemnify, defend and hold HealthRadio harmless from any claims and expenses, including reasonable attorneys' fees, arising from or related to any breach by you of any terms of this Agreement.
19. LETTERS TO THE EDITOR OR OTHER SUCH COMMENTS OR MATERIALS
You agree that any article, video, natural cure, or letter sent by you to HealthRadio will become the property of HealthRadio once your hit the "Submit" button without compensation to you. HealthRadio reserves the right to:
* Delete your content at its discretion.
* Publish or not publish such letter, at its discretion.
* Retain your letter on its Website for perpetuity or until such time as it deems your letter no longer relevant to include on its Website.
* Utilize your content as it deems appropriate.
Any comments, materials, or content sent by you to HealthRadio regarding the site, including without limitation, questions, comments, suggestions, criticisms or the like ("Received Materials") shall be deemed to be non-confidential and free of any claims of proprietary or personal rights unless you 1) Email that information to HealthRadio using the form on this web page https://healthradio.net/healthradio-vitals/contact-us and 2) Explicitly state in the correspondence that the letter is "not for publication" and contains "private and proprietary" information that may not be distributed. HealthRadio shall have no obligation of any kind with respect to such Received Materials and HealthRadio will be free to reproduce, use, disclose, exhibit, display, transform, edit, abridge, create derivative works from and/or distribute the Received Materials without limitation or restriction. Furthermore, HealthRadio is free to use any ideas, concepts, know-how, or techniques contained in any communication you send to HealthRadio for any purpose whatsoever, including, but not limited to, developing, manufacturing, and marketing products using such information, without compensation or any other obligations to anyone, including you.
20. PRIVACY
You can read the HealthRadio Privacy Policy here: https://healthradio.net/privacy
21. RESTRICTIONS ON USE
You may not use HealthRadio or its content for any illegal purpose or in any manner inconsistent with these Terms and Conditions. You agree to use HealthRadio solely for your own noncommercial use and benefit and not for resale or other transfer or disposition to any other person or entity.
22. SEVERABILITY
If any provision of this Agreement is found invalid or unenforceable, the provision will be enforced to the maximum extent permissible and the other provisions of this Agreement will remain in force.
23. ENTIRE AGREEMENT
This Agreement and any other terms and conditions of service on https://HealthRadio.net constitute the entire agreement between you and HealthRadio and govern your use of the Service.
24. REFUSAL OR DISCONTINUANCE OF SERVICE
HealthRadio reserves the right to refuse or discontinue service to any user for non-compliance with these Terms and Conditions.
25. CHOICE OF LAW AND FORUM
This Agreement will be governed by the laws of the State of California. Any dispute arising from the terms of this agreement or breach of this agreement will be governed by the laws of the State of California and you agree to personal jurisdiction by the state and federal courts in California. The parties hereby expressly waive trial by jury in any action, proceeding or counterclaim brought by either of the parties against the other on any matters whatsoever arising out of or in any way connected with these Terms and Conditions and agree to submit to binding arbitration.
USER GENERATED CONTENT TERMS AND CONDITIONS
The following Terms of Use apply to areas of the healthradio.net website (the "Website") that allow users to post content ("User Generated Content"), including without limitation in articles ("Articles"), videos ("Videos"), discussion forums ("Forums"), natural cures ("Natural Cures"), and other comments ("Comments") on this website.
You agree that your registration for, access to, and participation in any User Generated Content is subject to the following Terms of Use, the Alternative Health Journal Terms of Use, and applicable law. In the event of any conflict between these Terms of Use and Alternative Health Journal Terms of Use, these Terms of Use will govern.
Alternative Health Journal ("HealthRadio") does not prescreen all User Generated Content. HealthRadio retains the rights but not the responsibility to edit or remove any User Generated Content or terminate your account for any reason its sole discretion.
1. REGISTRATION INSTRUCTIONS
You must become a registered user ("Registrant") in order to post User Generated Content. You can register at https://healthradio.net. Registrants must create a user ID and password ("Profile") in order to create and access accounts through which they can participate.
2. RULES FOR POSTING USER-GENERATED CONTENT
Be Relevant. Each forum is dedicated to a topic designed to help people share information and experiences. Stay on topic. Don’t talk about anything else off topic.
Be Constructive. Post only constructive comments and questions.
Be Courteous. Flaming and insults are prohibited. Do not post content that is offensive, libelous, defamatory, indecent, harmful, harassing, intimidating, threatening, hateful, abusive, vulgar, obscene, pornographic, sexually explicit, or offensive in a sexual, racial, cultural, or ethnic context.
Be Private. Do not post personal information, including your email address, IM address, phone number or website. Do not solicit personally identifiable information from other Registrants or Website users.
Be Personal. The Forums are not to be used for any commercial purpose. Do not post any advertising or commercial content whatsoever. Do not post any content that involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing or "spamming."
Be Yourself. Do not impersonate anyone else.
Be True. Do not post any content that includes information that is false, misleading, inaccurate, fraudulent, or deceptive, or that promotes illegal activities;
Be Legal. Do not post any content that violates any applicable local, state, national, or international law. Do not post any content, or take any action, that is designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or to interfere with or disrupt the Website or services connected to the Website.
3. MINORS
You must be at least 13 years of age to become a Registrant. If you are between 13 and 18 years old, you must have your guardian's permission to use or post on this website.
4. LEGAL
HealthRadio Rights to Your Posting. Your User Generated Content is not confidential or proprietary. You grant to HealthRadio a non-exclusive, non-revocable, worldwide, perpetual right to use your User Generated Content in any manner or media now or later known without limitation including but not limited to the right to sublicense and assign and commercialize without any compensation due to you.
Changes to these Terms. HealthRadio reserves the right to modify these Terms of Use at any time. Your continued use of the Website shall be deemed to be your conclusive acceptance of any modified Terms of Use. If any future change is unacceptable to you, you should discontinue using the website.
Ownership. You are responsible for ensuring that any User Generated Content that you post does not, and will not, violate the rights of any third party rights of any kind. You warrant and represent that you own or control all rights in any User Generated Content that you post to any Forum.
Safeguard your Profile. Do not allow any third party to use your Profile to access the Website. You agree to notify HealthRadio immediately of any unauthorized use of their Profile or the Website. You agree that HealthRadio shall not be liable for any loss that results from the unauthorized use of your Profile, either with or without your knowledge.
General Use. You acknowledge and agree that HealthRadio does not have any obligation to review User Generated Content, that HealthRadio is not in any manner responsible for User Generated Content, that HealthRadio does not guarantee the accuracy, integrity or quality of User Generated Content, and that HealthRadio cannot assure that harmful, inaccurate, deceptive, offensive, threatening, defamatory, unlawful or otherwise objectionable User Generated Content will not appear on the Website. You also acknowledge that by providing you with the ability to access, view and/or post User Generated Content on the website, HealthRadio is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any User Generated Content or activities of Registrants or users on the website.
Copyright Infringement. If your work has been copied and posted on the Website in a way that constitutes copyright infringement, please notify our copyright agent in accordance with the provisions set forth in the HealthRadio Terms of Use.
Disclaimer of Warranties and Limitations of Liability. For important information about our disclaimer of warranties and limitation of liability arising from your use of this Website, including, without limitation, with respect to any User Generated Content, please see the HealthRadio Terms of Use below.
TERMS OF USE
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE (“TERMS OF USE”) CAREFULLY BEFORE USING THIS WEBSITE. All users of this website agree that access to and use of this website are subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, please do not use this website.
HealthRadio (HealthRadio) reserves the right to modify these Terms of Use at any time. You agree to review these Terms of Use periodically to be aware of such modifications and that your continued use of the website shall be deemed to be your conclusive acceptance of any modified Terms of Use. We will indicate that changes to these Terms of Use have been made by updating the date indicated after "Last Modified" at the end of these Terms of Use. If you do not agree to abide by any modified version of these Terms of Use, you are not authorized to use this website.
1. COPYRIGHT
The entire content included in this website, including but not limited to text, graphics or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of HealthRadio. The collective work includes works that are licensed to HealthRadio. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the website solely for your own non-commercial use. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this website is strictly prohibited, unless authorized by HealthRadio in writing. You further agree not to change or delete any proprietary notice from materials downloaded or printed from the website.
2. TRADEMARKS / INTELLECTUAL PROPERTY
All trademarks, service marks and trade names of HealthRadio used in the website (including but not limited to the HealthRadio name) are trademarks or registered trademarks of HealthRadio. They may not be used without our prior written permission. Any other intellectual property in the website, including but not limited to patents, issued or pending, are the sole property of HealthRadio and/or its licensors.
3. USER-GENERATED CONTENT
HealthRadio does not, and you agree that HealthRadio has no obligation to, review the communications, materials, information, opinions, and other content posted and/or submitted by users accessing the website (including, without limitation, in or on our articles, videos, forums, natural cures, comments or other areas on this website) (collectively, "User Generated Content"), that HealthRadio is not in any manner responsible for User Generated Content, that HealthRadio does not guarantee the accuracy, integrity or quality of User Generated Content, and that HealthRadio cannot assure that harmful, inaccurate, deceptive, offensive, threatening, defamatory, unlawful or otherwise objectionable User Generated Content will not appear on the Website. You acknowledge that by providing you with the ability to access and view User Generated Content on the website, HealthRadio is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any User Generated Content or activities of users on the website. Without limiting the generality of the foregoing, you acknowledge and agree that the information, materials and opinions expressed or included in any User Generated Content are not necessarily those of HealthRadio or its affiliated or related entities or content providers.
Notwithstanding the foregoing, you acknowledge and agree that HealthRadio has the absolute right to monitor User Generated Content posted to the Website in its sole discretion. In addition, HealthRadio reserves the right to alter, edit, refuse to post or remove any such User Generated Content, in whole or in part, for any reason or for no reason, and to disclose such User Generated Content and the circumstances surrounding their transmission to any third party. You agree that we do not have any obligation to use or respond to any User Generated Content.
You agree that you shall immediately notify HealthRadio in writing of any objectionable content appearing on the Website. HealthRadio will make good faith efforts to investigate allegations that any User Generated Content violates these Terms of Use but (a) makes no warranty to you that it will edit, remove, or continue to permit the display of any specific User Generated Content, whether or not subject to such allegations, and (b) will have no liability whatsoever for editing, removing, or continuing to permit the display of any User Generated Content whatsoever.
Any use of any content on this website, including, without limitation, User Generated Content will be at your own risk. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, YOU ACKNOWLEDGE AND AGREE THAT HealthRadio IS NOT RESPONSIBLE FOR ANY USER GENERATED CONTENT THAT PURPORTS TO GIVE MEDICAL ADVICE OR ADVICE REGARDING EXERCISE OR DIET. ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTH PROVIDER WITH ANY QUESTIONS YOU MAY HAVE REGARDING A MEDICAL CONDITION OR A PHYSICAL FITNESS PROGRAM.
You may not post or otherwise distribute content to the website which HealthRadio in its sole discretion determines to be abusive, harassing, threatening, defamatory, obscene, an impersonation of others, fraudulent, deceptive, misleading, in violation of a copyright, trademark or other intellectual property right of another, invasive of privacy or publicity rights, in violation of any other right of HealthRadio or another party, illegal, or otherwise objectionable to HealthRadio. You may not upload commercial content on the website or use the website to solicit others to join or become members of any other commercial online service or other organization. You are required to register and/or agree to additional terms of use prior to being permitted to post or otherwise distribute User Generated Content to this website.
4. USE OF INFORMATION SUBMITTED
You agree that HealthRadio is free to use any comments, information, designs, ideas, or other content contained in any User Generated Content posted by you to this website, or created by you while accessing the website (including, without limitation, any designs or other materials created or submitted by you on the HealthRadio website), or contained in any communication you may send to HealthRadio or submit to the website without notice, compensation or acknowledgement to you for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products and services and creating, modifying or improving the website or other products or services.
5. COPYRIGHT AGENT
The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe that your work has been copied and posted on the Website in a way that constitutes copyright infringement, please provide our copyright agent with the following information: (1) an electronic or physical signature of the copyright owner or of the person authorized to act on behalf of the owner of the copyright interest; (2) a description of the copyrighted work that you claim has been infringed; (3) a description of where the material that you claim is infringing is located on the Website; (4) your address, telephone number, and e-mail address; (5) a written 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 (6) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. Any notification by a copyright owner or a person authorized to act on its behalf that fails to comply with requirements of the DMCA shall not be considered sufficient notice and shall not be deemed to confer upon HealthRadio actual knowledge of facts or circumstances from which infringing material or acts are evident. HealthRadio's copyright agent for notice of claims of copyright infringement can be reached as follows:
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We suggest that you consult your legal advisor before filing a notice with HealthRadio's copyright agent. You should note that there can be penalties for false claims under the DMCA.
HealthRadio may, in appropriate circumstances and in its sole discretion, terminate the accounts of users who may be repeat infringers or otherwise prohibit such users from accessing the website.
6. THIRD-PARTY LINKS
In an attempt to provide increased value to our visitors, HealthRadio may link to websites operated by third parties. However, even if the third party is affiliated with HealthRadio, HealthRadio has no control over these linked websites, all of which have separate terms and conditions and privacy and data collection practices, independent of HealthRadio. These linked websites are only for your convenience and therefore you access them at your own risk. HealthRadio seeks to protect the integrity of the website and the links placed upon it and therefore requests any feedback about the website and for websites it links to as well. Please review the privacy policy of any third-party website that you have linked to from the Website before you use such third-party website.
7. INDEMNIFICATION
You agree to indemnify, defend, and hold harmless HealthRadio, its officers, directors, employees, agents, licensors and suppliers from and against all claims, losses, expenses, damages and costs, including, without limitation, reasonable attorneys' fees, arising from or relating in any way to your use of this website.
8. PRIVACY
HealthRadio is committed to safeguarding your privacy. The terms regulating the handling of personally identifiable information and other information by you in connection with the website is described in our Privacy Policy.
9. WARRANTY DISCLAIMER
THIS WEBSITE AND THE MATERIALS AND PRODUCTS ON THIS WEBSITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, HealthRadio DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. HealthRadio DOES NOT REPRESENT OR WARRANT THAT THE FUNCTIONS CONTAINED IN THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT ANY DEFECTS WILL BE CORRECTED, OR THAT THIS WEBSITE OR THE SERVER THAT MAKES THE WEBSITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. HealthRadio DOES NOT MAKE ANY WARRANTEES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS IN THIS WEBSITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE. SOME STATES DO NOT PERMIT LIMITATIONS OR EXCLUSIONS ON WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
HealthRadio DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY USERS OR OTHER THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE WEBSITE. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE WEBSITE AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST HealthRadio FOR DISSATISFACTION WITH THE SITE OR ANY CONTENT IS TO STOP USING THE SITE OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.
10. LIMITATION OF LIABILITY
HealthRadio SHALL NOT BE LIABLE FOR ANY DIRECT, SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS ON THIS WEBSITE OR THE PERFORMANCE OF THE PRODUCTS PURCHASED THealthRadioOUGH THE WEBSITE OR THE CONDUCT OF OTHER USERS OF THIS WEBSITE, EVEN IF HealthRadio HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IF, NOTWITHSTANDING THE OTHER PROVISIONS OF THESE TERMS OF USE, HealthRadio IS FOUND TO BE LIABLE TO YOU FOR ANY DAMAGE OR LOSS WHICH ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH YOUR USE OF THIS WEBSITE OR ANY CONTENT, HealthRadio 'S LIABILITY SHALL IN NO EVENT EXCEED US$100.
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.
11. MISCELLANEOUS
Your use of this website shall be governed in all respects by the laws of the state of California, U.S.A., without regard to choice of law provisions. Except where prohibited, you agree that any and all disputes, claims and legal proceedings directly or indirectly arising out of or relating to this website shall be resolved individually, without resort to any form of class action, and exclusively in the state or federal courts located in Los Angeles County, California. Any cause of action or claim you may have with respect to the website must be commenced within one (1) year after the claim or cause of action arises. By using the website, you agree to receive electronic communications from HealthRadio. You agree that any notice, agreement, disclosure or other communication that HealthRadio sends you electronically will satisfy any legal communication requirements, including that such communications be in writing. HealthRadio 's failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. HealthRadio may assign its rights and duties under this Agreement to any party at any time without notice to you.
12. TERM/TERMINATION
These terms and conditions are applicable to you upon your accessing the website. HealthRadio reserves the right in its sole discretion to terminate or restrict your use of the website, without notice, for any or no reason, and without liability to you or any third party. In addition, these terms and conditions, or any part of them, may be terminated by HealthRadio without notice at any time, for any reason. The provisions relating to Copyright, Trademarks, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.
Effective Date
The effective date for these Terms & Conditions is July 22, 2009
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| Last Updated on Wednesday, 21 April 2010 04:38 |
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