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Terms of Service

Welcome to Health Realizations, Inc. DBA e-Nurture.com and eNurtureReferrals.com

 

Database Owners, Contributor and Sponsor

“Terms of Service Agreement”

 

This Terms of Use Agreement ("Terms" or "Agreement") relates to your use of the website located at e-Nurture.com (the "Site") and the services provided by Health Realizations, Inc. DBA e-Nurture.com and DBA eNurtureReferrals.com (the "Services").

 

By registering with Health Realizations, Inc. as a "Contributor" or "Database Owner" (as defined below) and by otherwise accessing or using the Site and/or Services, you agree to be bound by this Agreement.  You further agree, and expressly accept, the Health Realizations, Inc. General Terms and Conditions and Website Privacy Policy.  http://www.healthrealizations.com/PrivacyPolicy.aspx.  If, and to the extent any portion of the General Terms and Conditions and Website Privacy Policy conflict with this Agreement, the terms and conditions of this Agreement shall govern.

 

1.                  Database Owners, Contributors and Sponsors.

 

A ”Database Owner” shall mean a registered member who uploads email addresses to the Health Realizations database for the purpose of having Health Realizations send newsletters to all those in the Database Owner’s email database.  Each Database Owner shall have the option, in the Database Owner's sole discretion of selecting which newsletters will be sent to the Database Owner's designated recipients.

 

Each Database Owner represents and warrants that it has the right to upload information contained in the Database Owner's database, and that that sending newsletters to recipients contained in the Database Owner's database by Health Realizations, Inc. or any third party, will not violate any laws or regulations, including any privacy policy of any third party or any privacy right of any individual, the U.S. CAN-SPAM Act or any other similar anti-spam law in any jurisdiction.  Each Database Owner shall be and shall remain, solely responsible for obtaining the necessary consents and permissions from each recipient contained in the Database Owner's database.

 

A “Contributor” shall mean a registered member who purchases a limited inclusion with “Database Owner’s” database for the benefit of submitting articles through the Health Realizations Site and Services.  Contributing articles does not guarantee that a Database Owner will select a Contributor's article for inclusion in that Database Owner's recipient list. 

 

A "Sponsor" is any registered member (including Database Owners and Contributors) that pays for portion of the Services.

 

Contributors and Sponsors shall not have any ownership or access rights in or to any Distributor Database.   Contributors and Sponsors acknowledge and agree that each database is the sole and exclusive property of the respective Database Owner.

 

2.                  Registration and Membership Requirements.

 

To register as a Database Owner, Contributor and/or Sponsor, complete the online registration form located at https://www.healthrealizations.com/Registration/PractitionerRegistration.aspx?groupid=195.  When creating your account, you must provide accurate and complete information.

 

Upon successful completion of the registration process, you will create and or receive a log-in and password which you may change at any time.  Each login and password is unique to each individual Contributor or Database Owner.  You agree to keep your login and password confidential and you shall not allow any third party to use your login and password for any purpose.

 

By registering with Health Realizations, you agree to pay the membership fees and such other fees communicated to you during the registration process.  Contributors and Sponsors shall be required to provide a valid credit card and authorize Health Realizations to charge membership fees and other fees to your credit card in connection with the Services.

 

You agree not to use any other registered member's account and you agree not to allow any other third party to use your account.

 

You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify Health Realizations immediately of any breach of security or unauthorized use of your account.

Although Health Realizations Website will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Health Realizations Website or others due to such unauthorized use.

 

3.                  Termination.

 

You may terminate your Health Realizations membership account at any time by clicking cancelation on the website or by calling Health Realization Customer Service identifying your account security information. There are no refunds for any fees paid. YOU ARE SOLELY RESPONSIBLE FOR TERMINATING YOUR HEALTH REALIZATIONS ACCOUNT AND THIS AGREEMENT. WE ARE NOT RESPONSIBLE FOR YOUR FAILURE TO PROPERLY TERMINATE YOUR HEALTH REALIZATIONS ACCOUNT AND THIS AGREEMENT OR FOR ANY CREDIT CARD OR OTHER CHARGES OR FEES YOU INCUR AS A RESULT OF YOUR FAILURE TO PROPERLY TERMINATE YOUR HEALTH REALIZATIONS ACCOUNT AND THIS AGREEMENT.

 

4.                  Rights of Database Owners, Contributors and Sponsors.

 

Each “Database Owner” agrees to allow a “Contributor” to add articles to a “Database Owner’s newsletter that contains a “Contributors header – masthead”.  Contributors may not add articles to newsletters to “Database Owner” who in writing does not agree to allow a “Contributor” articles to “Database Owner’s newsletter that contain only a “Database Owner’s header – masthead”.

 

Once a Contributor adds an article to a Database Owner's newsletter, the Database Owner may accept or reject the Contributor's article.  If a Database Owner opts-out of Contributor article in a newsletter, that article will not be included with in the “Contributors header – masthead” of the Database Owner's newsletter(s) or along with the “Sponsor’s name, business hyperlink, email address, phone number  and profile photo.” If Contributor’s article is not opted-out then Database Owner accepts Contributor’s article in a Database Owner's newsletter, that article will be included with the “Contributors header – masthead” of the Database Owner's newsletter(s) or along with the “Sponsor’s name, business hyperlink, email address, phone number and profile photo.”

 

Each Contributor expressly acknowledges and agrees that each “Database Owner” maintains the exclusive right to opt-out, delete or add comments to any article including those submitted with the Contributors header – masthead.

 

5.                  Modifications to the Site and Services.

 

Health Realizations reserves the right to modify in part or in whole, or temporarily or permanently discontinue the Site or Services for any reason and at any time without notice to you.

 

6.                  Content Availability. 

 

Content available for download on the Site, whether provided by Health Realizations or a third party may be unavailable or subject to change without prior notice.  Health Realizations shall not be responsible or liable for the unavailability of, or changes made to, any content on the Site.  Health Realizations shall use commercially reasonable measures to make the Services and related content available during regular business hours, subject to reasonable downtown for updates and maintenance.

 

7.                  Disclosure and Use Of Your Content and Communications. 

 

Any information provided to Health Realizations by you, or collected by Health Realizations through the use of the Site will be maintained in accordance with Health Realizations' Privacy Policy.  You agree to be solely responsible for providing accurate, current, and complete information about you as requested by Health Realizations or its affiliates or service providers.

 

8.                  Intellectual Property. 

 

Health Realizations is the owner and/or authorized licensee of all trademarks, logos, service marks and trade names (collectively the "Trademarks") on the Site, and all copyrightable content and/or information on the Site.  Except as otherwise expressly provided herein, or pursuant to this Agreement, your use of the Site does not grant to you a license to any content or materials you may access on the Site.  Nothing contained on the Site should be construed as granting any license or right to use any Trademark displayed on the Site without our written permission or that of the third party rights holder.

 

9.                  Communications To Health Realizations. 

 

Any information you provide to Health Realizations, whether by email or otherwise, should not contain confidential information.  Please refer to our Privacy Policy with regard to how we handle your personal information.  With respect to all e-mails you send to us, including but not limited to feedback, questions, comments, suggestions, and the like, we shall be free to use any ideas, concepts, know-how, or techniques contained in your communications for any purpose whatsoever, including but not limited to, the development, production and marketing of products and services that incorporate such information.  Health Realizations does not and cannot review all communications and materials posted to or created by users accessing the Services (hereinafter, "User Generated Content"), and is not in any manner responsible for the content of the User Generated Content.  Health Realizations reserves the right to block or remove communications or materials that it determines to be in violation of our Community Guidelines or is offensive or otherwise unacceptable to Health Realizations in its sole discretion.

 

10.              Database Owner and Contributor Content. 

 

The Site and Services allow registered members to upload content, such as database content, newsletter content, profile information and related information.  By uploading such content to the Site, you grant to Health Realizations an irrevocable, non-exclusive, worldwide, perpetual, royalty-free license to use, modify, copy, distribute, publish, perform, sublicense, and create derivative works from all submissions you provide to us, in any media now known or hereafter devised for the sole purpose of providing Services to other registered members and to readers of newsletters or visitors to the Site. 

 

You further represent and warrant that you own the content uploaded to the Site or that you have obtained the necessary rights, permissions or licenses from the owner of such content. 

 

11.              Registered Member Conduct. 

 

As a Registered Member, you agree not to:

·        impersonate any person or entity or misrepresent your affiliation with any other person or entity;

·        attempt to gain unauthorized access to other computer systems through the Site;

·        obtain or attempt to obtain unauthorized access to computer systems, materials, information or any Services made available on or through the Site through any means;

·        use the Site or the Services or features in violation of Health Realizations's or any third party's intellectual property or other proprietary, personal or legal rights;

·        use the Site or the Services in violation of any applicable law;

·        attempt (or encourage or support anyone else's attempt) to circumvent, reverse engineer, decrypt, or otherwise alter or interfere with the Site or the Services, or any content thereof, or make unauthorized use thereof;

·        use the Site in any manner that could damage, disable, overburden, or impair the Site or interfere with any other party's use and enjoyment of the Site;

·        obtain or attempt to obtain any materials or information through any means not intentionally made publicly available or provided for through the Site.

 

12.              No Warranties.  

 

HEALTH REALIZATIONS MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE CONTENT OF THE SITE OR THE SERVICES MADE AVAILABLE ON THE SITE BY HEALTH REALIZATIONS OR ANY THIRD PARTY.  HEALTH REALIZATIONS SHALL NOT BE SUBJECT TO LIABILITY FOR ANY DELAYS OR INTERRUPTIONS OF THE SITE OR THE SERVICE FROM WHATEVER CAUSE. YOU AGREE THAT YOU USE THE WEBSITE, THE SITE'S CONTENT, AND THE SERVICE AT YOUR OWN RISK.  THE SITE AND THE SERVICE MAY CONTAIN TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS OR OMISSIONS.  Health Realizations IS NOT RESPONSIBLE FOR ANY SUCH TYPOGRAPHICAL OR TECHNICAL ERRORS.  Health Realizations RESERVES THE RIGHT TO MAKE CHANGES, CORRECTIONS, AND/OR IMPROVEMENTS TO THE SITE AND THE SERVICE AT ANY TIME WITHOUT NOTICE.

 

13.              Limitation of Liability.

 

UNDER NO CIRCUMSTANCES SHALL THE HEALTH REALIZATIONS, OR ANY OFFICER, DIRECTOR, OR AFFILIATE OF HEALTH REALIZATIONS BE LIABLE TO ANY REGISTERED MEMBER FOR ANY DAMAGES WHATSOEVER, DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY, ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE SERVICE, REGARDLESS OF THE LEGAL THEORY ASSERTED, EVEN IF THE ALLIANCE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  THIS LIMITATION OF LIABILITY SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW, EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE REMEDY AND HEALTH REALIZATIONS' EXCLUSIVE LIABILITY WITH RESPECT TO THE SERVICE AND THIS AGREEMENT SHALL BE TO DISCONTINUE YOUR USE OF THE SERVICE.  YOU ACKNOWLEDGE AND AGREE THAT THE LIMITATIONS OF LIABILITY AND EXCLUSION OF REMEDIES CONTAINED IN THIS AGREEMENT ARE A FUNDAMENTAL TERM OF THIS AGREEMENT AND ARE A MATERIAL INDUCEMENT FOR THE ALLIANCE TO ENTER INTO THIS AGREEMENT, ENTITLING THE ALLIANCE TO ENFORCE SUCH TERMS AGAINST YOU.

14.              Indemnification. 

 

You agree to defend, indemnify, and hold us and our officers, directors, employees, successors, licensees, and assigns harmless from and against any claims, actions, or demands, including, without limitation, reasonable legal and accounting fees, arising or resulting from your breach of this Agreement or your access to, use, or misuse of the Health Realizations Content, the Site, or the Service.  Health Realizations shall provide notice to you of any such claim, suit, or proceeding and shall assist you, at your expense, in defending any such claim, suit, or proceeding.  Health Realizations reserves the right to assume the exclusive defense and control of any matter that is subject to indemnification under this section.  In such case, you agree to cooperate with any reasonable requests assisting our defense of such matter.

 

15.              Copyright / Trademark Compliance & Complaints. 

 

Health Realizations honors the intellectual property rights of others.  If you believe that your work has been copied or used on this site in a way that constitutes copyright or trademark infringement, please notify Health Realizations by following the procedure set forth in the following section.  Upon receipt of any bona fide claim of infringement, or upon becoming aware of any actual or alleged infringement by any other means, Health Realizations will remove such actual or alleged infringing products from the site pending our investigation.

 

16.              Compliance With Applicable Laws. 

 

Health Realizations controls and operates the Site from its offices in the United States of America.  Health Realizations does not represent that materials on the Site are appropriate or available for use in other locations.  Persons who choose to access the Site 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.  All parties to these terms and conditions waive their respective rights to a trial by jury.

 

17.              Termination of The Agreement. 

 

Subject to the terms of the Services Agreement, if applicable, Health Realizations reserves the right, in our sole discretion, to restrict, suspend, or terminate this Agreement and your access to the Services and/or all or any part of the Site, at any time and for any reason without prior notice or liability.

 

18.              Miscellaneous. 

 

You agree that: (i) the Health Realizations Website shall be deemed solely based in Illinois; and (ii) the Health Realizations Website shall be deemed a passive website that does not give rise to personal jurisdiction over Health Realizations Website, either specific or general, in jurisdictions other than Illinois. These Terms of Service shall be governed by the internal substantive laws of the State of Illinois, without respect to its conflict of laws principles. Any claim or dispute between you and Health Realizations Website that arises in whole or in part from your use of the Health Realizations Website shall be decided exclusively by a court of competent jurisdiction located in Lake County, Illinois. These Terms of Service, together with the Privacy Notice at http://www.healthrealizations.com/t/privacy and any other legal notices published by Health Realizations Website, shall constitute the entire agreement between you and Health Realizations Website concerning the Health Realizations Website. If any provision of these Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect. No waiver of any term of this these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and Health Realizations Website’s failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision. Health Realizations Website reserve the right to amend these Terms of Service at any time and without notice, and it is your responsibility to review these Terms of Service for any changes. Your use of the Health Realizations Website following any amendment of these Terms of Service will signify your assent to and acceptance of its revised terms. YOU AND HEALTH REALIZATIONS WEBSITE AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE HEALTH REALIZATIONS WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

 

 

All Newsletter Readers and Subscribers

“Terms of Service Agreement”

Welcome to Health Realizations, Inc.

1. Your Acceptance

1.A. By using and/or visiting this website (collectively, including all content and functionality available through Health Realizations domain name, or "Website"), you signify your agreement to (1) these terms and conditions (the "Terms of Service"), and (2) Health Realizations’ reader and or subscriber privacy notice, found at
http://www.healthrealizations.com/t/privacy and incorporated here by reference, and also incorporated here by reference. If you do not agree to any of these terms, the Health Realizations privacy notice, or the Terms and Conditions, please do not use Health Realizations services or Website.

1.B. Although we may attempt to notify you when major changes are made to these Terms of Service, you should periodically review the most up-to-date version
http://www.healthrealizations.com/t/terms). Health Realization may, in its sole discretion, modify or revise these Terms of Service and policies at any time, and you agree to be bound by such modifications or revisions. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.

2. Health Realizations Website

2.A. These Terms of Service apply to all users of the Health Realizations Website, including users who are also contributors of content, information, and other materials or services on the Website. The Health Realizations Website includes all aspects of Health Realizations, including but not limited to all products, software and services offered via the website such as the Health Realizations services provided for your “Branded Masthead Pages”, “Home” page, “About Us” pages, “Newsletter” and “articles” which you are able to add "Upload" your comments and other applications.

2.B. The Health Realizations Website may contain links to third party websites that are not owned or controlled by Health Realizations Website. Health Realizations Website has no control over, and assume no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, Health Realizations Website will not and cannot censor or edit the content of any third-party website. By using the Website, you expressly relieve Health Realizations Website from any and all liability arising from your use of any third-party website.

3. Health Realizations Website Membership Accounts

3.A. In order to access some features of the Website, you will have to create a Health Realizations Website account. You may never use another’s account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify Health Realizations immediately of any breach of security or unauthorized use of your account.

3.B. Although Health Realizations Website will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Health Realizations Website or others due to such unauthorized use.

4. General Use of the Website—Permissions and Restrictions
Health Realizations Website hereby grant you permission to access and use the Website as set forth in these Terms of Service, provided that:

4.A. You agree not to distribute in any medium any part of the Website, including but not limited to User Submissions (defined below), without Health Realizations Website prior written authorization

4.B. You agree not to alter or modify any part of the Website, including but not limited to Health Realizations Website’s provided systems or any of its related technologies.

4.C. You agree not to access User Submissions (defined below) or Health Realizations Website Content through any technology or means other than your unique Branded Masthead pages of the Website itself, or other explicitly authorized means Health Realizations may designate.

4.D. You agree not to use the Website, including the Health Realizations Website for any product sales commercial use, without the prior written authorization of Health Realizations. Prohibited commercial uses include any of the following actions taken without Health Realizations express approval:
* Sale of access to the Website or its related services on another website;
* Use of the Website or its related services, for the primary purpose of gaining advertising or subscription revenue;
* The sale of advertising, on the Health Realizations Website or any third-party website, targeted to the content of specific User Submissions or Health Realizations Website content;
* And any use of the Website or its related services that Health Realizations finds, in its sole discretion, to use Health Realizations Website’s resources or User Submissions with the effect of competing with or displacing the market for Health Realizations Website, Health Realizations Website content, or its User Submissions.

4.E. Prohibited commercial uses do not include:
* Uploading original content on Your designated “Home” page, or “About Us” page, or “Comments” area following an article, or maintaining an original Masthead on Health Realizations Website, to promote your business or enterprise;
* Any use that Health Realizations expressly authorizes in writing.
* Offering Newsletters on your website with LINK to Subscription landing page of your Branded Newsletter provided by Health Realizations Website.

4.F. You agree not to use or launch any automated system, including without limitation, "robots," "spiders," or "offline readers," that accesses the Website in a manner that sends more request messages to Health Realizations Website servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, Health Realizations Website grants the operators of public search engines permission to use spiders to copy materials from the website for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. Health Realizations Website reserve the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names that you do not already have, from the Website, nor to use the communication systems provided by the Website (e.g. comments, email) for any unapproved product commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Website that are not your provided list.

4. G. In your use of the website, you will otherwise comply with the terms and conditions of these Terms of Service, Health Realizations Website terms and Conditions, and all applicable local, national, and international laws and regulations

4.H. Health Realizations Website reserves the right to discontinue any aspect of the Health Realizations Website at any time.

5. Your Use of Content on the Website
In addition to the general restrictions above, the following restrictions and conditions apply specifically to your use of content on the Health Realizations Website.

5.A. The content on the Health Realizations Website, except all User Submissions (as defined below), including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like ("Content") and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to Health Realizations Website, subject to copyright and other intellectual property rights under the law. Content on the Website is provided to you AS IS for your information and personal use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. Health Realizations Website reserve all rights not expressly granted in and to the Website and the Content.

5.B. You may access Health Realizations Website content or User Submissions for your information and personal use solely as intended through the provided functionality of the Health Realizations Website. You shall not copy or download any User Submission unless you see a “download” or similar link displayed by Health Realizations Website on the Health Realizations Website for that User Submission.

5.C. User Comments are made available to you for your information and personal use solely as intended through the normal functionality of the Health Realizations Website. User Comments are made available "as is", and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, downloaded, or otherwise exploited in any manner not intended by the normal functionality of the Health Realizations Website or otherwise as prohibited under this Agreement.

5.D. You may access Health Realizations Website Content, User Submissions and other content only as permitted under this Agreement. Health Realizations Website reserve all rights not expressly granted in and to the Health Realizations Website Content and the Health Realizations Website.

5.E. You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, or distribution of User Submissions of third parties obtained through the Website for any commercial purposes.

5.F. You agree not to circumvent, disable or otherwise interfere with security-related features of the Health Realizations Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Health Realizations Website or the Content therein.

5.G. You understand that when using the Health Realizations Website, you will be exposed to User Submissions from a variety of sources, and that Health Realizations Website is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Health Realizations Website with respect thereto, and agree to indemnify and hold Health Realizations Website, its Owners/Operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the website.

6. Your User Submissions and Conduct

6.A. As a Health Realizations Website Subscriber and account holder you may submit visual content and textual content ("User Comments"). User Visuals and User Comments are collectively referred to as "User Submissions." You understand that whether or not such User Submissions are published, Health Realizations Website does not guarantee any confidentiality with respect to any User Submissions

6.B. You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent, and/or warrant that: you own or have the necessary licenses, rights, consents, and permissions to use and authorize Health Realizations Website to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the Website and these Terms of Service.

6.C. For clarity, you retain all of your ownership rights in your User Submissions. However, by submitting User Submissions to Health Realizations Website, you hereby grant Health Realizations Website a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Submissions in connection with the Health Realizations Website and Health Realizations Website‘s (and its successors’ and affiliates’) business, including without limitation for promoting and redistributing part or all of the Health Realizations Website (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the Health Realizations Website a non-exclusive license to access your User Submissions through the Website, and to use, reproduce, distribute, display and perform such User Submissions as permitted through the functionality of the Website and under these Terms of Service. The above licenses granted by you in User Content terminate within a commercially reasonable time after you remove or delete your User Content from the Health Realizations Website. You understand and agree, however, that Health Realizations Website may retain, but not display, distribute, or perform, server copies of User Submissions that have been removed or deleted. The above licenses granted by you in User Comments are perpetual and irrevocable.

6.D. In connection with User Submissions, you further agree that you will not submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant Health Realizations Website all of the license rights granted herein

6.E. You further agree that you will not, in connection with User Submissions, submit material that is contrary to the Health Realizations Website General Terms and Conditions, found at
http://www.healthrealizations.com/t/General_Terms_and_Conditions, which may be updated from time to time, or contrary to applicable local, national, and international laws and regulations.

6.F. Health Realizations Website do not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and Health Realizations Website expressly disclaims any and all liability in connection with User Submissions. Health Realizations Website does not permit copyright infringing activities and infringement of intellectual property rights on its Website, and Health Realizations Website will remove all Content and User Submissions if properly notified that such Content or User Submission infringes on another’s intellectual property rights. Health Realizations Website reserve the right to remove Content and User Submissions without prior notice.

7. Account Termination Policy

7.A. Health Realizations Website will terminate a User’s access to its Website if, under appropriate circumstances, they are determined to be a repeat infringer

7.B. Health Realizations Website reserve the right to decide whether Content or a User Submission is appropriate and complies with these Terms of Service for violations other than copyright infringement, such as, but not limited to, pornography, obscene or defamatory material, or excessive length. Health Realizations Website may remove such User Submissions and/or terminate a User’s access for uploading such material in violation of these Terms of Service at any time, without prior notice and at its sole discretion.

 

8. Digital Millennium Copyright Act

8.A. If you are a copyright owner or an agent thereof and believe that any User Submission or other content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail)::
* A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
* Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online website are covered by a single notification, a representative list of such works at that website;
* Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
* Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
* A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
* A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Health Realizations Website’s designated Copyright Agent to receive notifications of claimed infringement is: HealthRealizationsCopyrightCustomerService.com. For clarity, only DMCA notices should go to the Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be directed to Health Realizations customer service through HealthRealizationsCustomerService.com. You acknowledge that if you fail to comply with all of the requirements of this Section 5(D), your DMCA notice may not be valid.

8.B. Counter-Notice. If you believe that your User Submission that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use the content in your User Submission, you may send a counter-notice containing the following information to the Copyright Agent:
* Your physical or electronic signature;
* Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
* A statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and
* Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in Chicago, Illinois, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by the Copyright Agent, Health Realizations Website may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at Health Realizations Website’s sole discretion.

9. Warranty Disclaimer

YOU AGREE THAT YOUR USE OF THE HEALTH REALIZATIONS WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, HEALTH REALIZATIONS WEBSITE, THEIR OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. HEALTH REALIZATIONS WEBSITE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS WEBSITE’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THIS WEBSITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE HEALTH REALIZATIONS WEBSITE. HEALTH REALIZATIONS WEBSITE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE HEALTH REALIZATIONS WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND HEALTH REALIZATIONS WEBSITE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE

 

10. Limitation of Liability

IN NO EVENT SHALL HEALTH REALIZATIONS WEBSITE, THEIR OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE HEALTH REALIZATIONS WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. YOU SPECIFICALLY ACKNOWLEDGE THAT HEALTH REALIZATIONS WEBSITE SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. The Website is controlled and offered by Health Realizations Website from its facilities in the United States of America. Health Realizations Website make no representations that the Health Realizations Website is appropriate or available for use in other locations. Those who access or use the Health Realizations Website from other jurisdictions do so at their own volition and are responsible for compliance with local law.

 

11. Indemnity

You agree to defend, indemnify and hold harmless Health Realizations Website, their parent corporations, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Health Realizations Website; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your User Submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of the Health Realizations Website.

 

12. Ability to Accept Terms of Service

You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service. In any case, you affirm that you are over the age of 13, as the Health Realizations Website is not intended for children under 13. If you are under 13 years of age, then please do not use the Health Realizations Website. There are lots of other great websites for you. Talk to your parents about what websites are appropriate for you.

 

13. Assignment

These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Health Realizations Website without restriction.

 

14. General

You agree that: (i) the Health Realizations Website shall be deemed solely based in Illinois; and (ii) the Health Realizations Website shall be deemed a passive website that does not give rise to personal jurisdiction over Health Realizations Website, either specific or general, in jurisdictions other than Illinois. These Terms of Service shall be governed by the internal substantive laws of the State of Illinois, without respect to its conflict of laws principles. Any claim or dispute between you and Health Realizations Website that arises in whole or in part from your use of the Health Realizations Website shall be decided exclusively by a court of competent jurisdiction located in Lake County, Illinois. These Terms of Service, together with the Privacy Notice at http://www.healthrealizations.com/t/privacy and any other legal notices published by Health Realizations Website, shall constitute the entire agreement between you and Health Realizations Website concerning the Health Realizations Website. If any provision of these Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect. No waiver of any term of this these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and Health Realizations Website’s failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision. Health Realizations Website reserve the right to amend these Terms of Service at any time and without notice, and it is your responsibility to review these Terms of Service for any changes. Your use of the Health Realizations Website following any amendment of these Terms of Service will signify your assent to and acceptance of its revised terms. YOU AND HEALTH REALIZATIONS WEBSITE AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE HEALTH REALIZATIONS WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

 

15. Termination.

You may terminate your Health Realizations account at any time by clicking cancelation on the website or by calling Health Realization Customer Service identifying your account security information. There are no refunds for any fees paid. YOU ARE SOLELY RESPONSIBLE FOR TERMINATING YOUR HEALTH REALIZATIONS ACCOUNT AND THIS AGREEMENT. WE ARE NOT RESPONSIBLE FOR YOUR FAILURE TO PROPERLY TERMINATE YOUR HEALTH REALIZATIONS ACCOUNT AND THIS AGREEMENT OR FOR ANY CREDIT CARD OR OTHER CHARGES OR FEES YOU INCUR AS A RESULT OF YOUR FAILURE TO PROPERLY TERMINATE YOUR HEALTH REALIZATIONS ACCOUNT AND THIS AGREEMENT.


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