Effective: May 20, 2019
TERMS & CONDITIONS
These Terms & Conditions (these "Terms") constitute an agreement between you and the Healthy US Collaborative, Inc. (“we,” “our,” “us,” “Healthy US”) and govern your use of our website, located at www.takecare.org (this “Site”). By using this Site, you affirm that you have read and understood, and that you agree to be bound by and comply with, these Terms.
THE INFORMATION ON THIS SITE IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY. YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS SITE AND YOUR RELIANCE ON OR USE OF ANY INFORMATION PROVIDED VIA THIS SITE. WITHOUT LIMITATION OF THE FOREGOING, THIS SITE IS PROVIDED "AS IS," WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, OR ANY WARRANTIES OF ACCURACY COMPLETENESS, EFFICACY OR TIMELINESS OF INFORMATION, OR ABSENCE OF VIRUSES OR DAMAGING OR DISABLING CODE.USE OF ANY INFORMATION ON THIS SITE IS VOLUNTARY, AND YOU SHOULD ONLY RELY ON IT AFTER MAKING AN INDEPENDENT REVIEW OF ITS ACCURACY, COMPLETENESS, EFFICACY, AND TIMELINESS. NONE OF THE INFORMATION ON THIS SITE IS MEANT AS MEDICAL ADVICE OR TO SUBSTITUTE FOR IN-PERSON TREATMENT OR THERAPY FROM A QUALIFIED HEALTHCARE PROVIDER.
2. LIMITATIONS OF LIABILITY.
EXCEPT TO THE EXTENT OTHERWISE MANDATED BY APPLICABLE LAW, (X) IN NO EVENT WILL WE OR OUR AFFILIATES BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, INCLUDING DAMAGES FOR LOST PROFITS OR LOSS OF BUSINESS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THIS SITE OR THESE TERMS, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHER THEORY OF LIABILITY, REGARDLESS OF WHETHER WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY; AND (Y) IN NO EVENT WILL OUR AGGREGATE LIABILITY TO YOU ARISING OUT OF OR IN CONNECTION WITH THIS SITE OR THESE TERMS FOR ANY REASON EXCEED THE LESSER OF THE AMOUNT OF PROVEN DIRECT DAMAGES OR USD $25.
3. PROPRIETARY RIGHTS.
We and/or our licensors own this Site, including all text, graphics, photographs, images, software, and other technology, and the contents, design, layout, functions, appearance, and other intellectual property comprising this Site. The foregoing ownership rights include all rights with respect to trademarks, service marks, trade dress, logos, copyrights, rights of authorship, and patents; all database rights, moral rights, inventions, rights of inventorship, rights of publicity and privacy, trade secrets, know-how, and rights under unfair competition and unfair trade practices laws; all other worldwide intellectual and industrial property rights related thereto; and all applications, registrations, derivative works, or renewals relating to any of the foregoing. Logos and other trademarks on this Site are owned by us or our licensors and may only be reused with the express prior written permission of the applicable owner.
4. USER CONDUCT.
While using this Site, you agree that you will not:
- violate any applicable international, federal, state, or local laws, regulations, rules, ordinances, statutes, requirements, codes, or orders of any governmental or judicial authorities or any securities exchange rules or requirements;
- violate or infringe upon any copyright, trademark, patent, trade secret, or other intellectual property rights or any other third party rights;
- impersonate any person or entity, falsely state or otherwise misrepresent your affiliation with a person or entity or provide inaccurate information;
- violate or attempt to violate the security of this Site;
- reverse engineer, decompile, or disassemble any portion of this Site;
- “scrape” information from this Site by automated means; or
- interfere with the ability of others to use this Site.
5. COPYRIGHT INFRINGEMENT CLAIMS.
If you believe this Site contains content that infringes on your copyright, please send the following information to us by email to email@example.com or by postal mail or courier to The Healthy US Collaborative, Inc., Attention: TakeCare,1300 19th Street, NW, Suite 600, Washington, DC 20036:
- Your address, telephone number, and email address;
- A description of the copyrighted work that you claim has been infringed;
- A description of where the alleged infringing material is located;
- A statement by you that you have a good faith belief that the disputed use is not authorized by you, the copyright owner, its agent, or the law;
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and
- 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.
7. CHANGES TO TERMS.
We may modify these Terms at any time by posting changes on this Site; however, (i) these changes will only become effective and binding with respect to you after we provide notice on this Site that these Terms have changed and you first use this Site following the date of such posting, and (ii) the changes will only apply with respect to your use of this Site after such changes become effective. If at any time you find these Terms unacceptable and do not agree with them, you thereafter will have no right to use or access this Site.
This Site may contain links to websites that we do not operate. We are not responsible for the content of any such websites, and you should direct any concerns regarding such websites to their respective site administrators or webmasters.
9. NO CHILDREN.
This Site is intended for use by adults. You are not permitted to use this Site if you are under the age of 18.
10. LAW; DISPUTE RESOLUTION.
These Terms are governed by the laws of the United States of America and the State of New York, without regard to conflict of laws rules. Except as otherwise provided in this paragraph, any dispute, claim or controversy concerning, relating to, or arising out of, or in connection with, these Terms or this Site will be settled by final and binding arbitration in the State of New York by a single arbitrator appointed by the American Arbitration Association. In the event of any such arbitration, each party will bear its own attorneys’ fees and costs, unless the claim is based on an applicable statute that provides otherwise. Any controversy or claims will be kept confidential by the parties and their attorneys and advisors, without publicity, and except as may be required by law, no party or arbitrator may disclose the existence, content, or results of any arbitration under these Terms without the consent of both of the parties. Notwithstanding the foregoing, either party may immediately bring a proceeding seeking preliminary injunctive relief in a court having jurisdiction thereof which shall remain in effect until a final award is made in the arbitration. The decision of the arbitrator will be in writing and binding and conclusive on us and you, and judgment to enforce the decision may be entered by any court of competent jurisdiction.
These Terms represent the entire agreement between you and us with respect to the subject matter hereof, and supersede any and all prior understandings, statements, or representations, whether electronic, oral, or written, regarding this Site. No waiver of any obligation or right of either party shall be effective unless in writing, executed by the party against whom it is being enforced. In addition to money damages, we shall be entitled to seek equitable relief where appropriate if you breach of any of these Terms. These Terms are severable and may be construed to the extent of their enforceability in light of the parties' mutual intent. The titles and subtitles in these Terms are used for convenience only and are not to be considered in construing it. All references herein to “including” and variations thereof shall be deemed to mean, “including, but not limited to.”All references in these Terms to “you,” “your,” or variations thereof shall be deemed to refer to you individually, if you are entering into these Terms on an individual basis, and to the corporation, partnership or other organization, or legal entity that you represent, if you are entering into these Terms on behalf of such organization or entity. If you wish to communicate with us in connection with these Terms, please email us at firstname.lastname@example.org or write to us at The Healthy US Collaborative, Inc., Attention: TakeCare, 1300 19th Street, NW, Suite 600, Washington, DC 20036.