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THIS AGREEMENT DISCUSSES YOUR RIGHTS AND RESPONSIBILITIES AS A USER OR SUBSCRIBER. PLEASE READ THE TERMS OF USE AGREEMENT, THE PRIVACY POLICY, AND THE E-MAIL POLICY BEFORE USING OUR WEBSITE(S).

Health Advice Media, LLC (hereinafter referred to as “Health Advice Media”, “our”, “we” or “us”) is a health and wellness content publisher. By accessing or using any part of our website(s), users of our website(s) (hereinafter referred to as “Users”, Subscribers” or “you”) represent that you have read and understand our Terms of Use Agreement, Privacy Policy, and E-mail Policy and agree to be bound by this Terms of Use Agreement. Furthermore, by using our website(s), you represent that (i) you have the capacity to be bound by this Terms of Use Agreement and (ii) if you are acting on behalf of a company or other entity, you have the authority to bind such company or entity. If you do not agree to this Terms of Use Agreement, do not use our website(s), download any materials or subscribe for or request any information from our website(s).

Health Advice Media may amend or revise our Terms of Use Agreement, Privacy Policy and E-mail Policy at any time. Your continued use of our web site(s) will mean you accept and agree to those amendments and revisions. Please review our Terms of Use Agreement, Privacy Policy and E-mail Policy frequently.

Informational Purposes of Content

Health Advice Media is a health and wellness content publisher. The contents of our website(s) and the information we provide on or through our website(s), such as newsletters, articles and reports, are obtained from third parties and provided to you for informational purposes only. The content and information we provide is not intended to be a substitute for professional medical advice, diagnosis or treatment. You should consult your own physician or other qualified health care provider regarding your medical condition and any treatments or diagnosis. Do not disregard professional medical advice or delay in seeking treatment because of something you have read on our website(s) or in any other information we provide on or through our website(s). If you believe you are having a medical emergency, call your health care provider or 911 immediately. Our website(s) or the other information we provide on or through our website(s) may contain health or other medically related information that is sexually explicit. Users who find this material offensive should discontinue use of our website(s) or other information we provide on or through our website(s).

Liability of Health Advice Media and its Content Providers

The contents of our website(s) and other information we provide on or through our website(s) are based on sources we believe to be reliable, but we have not independently verified the contents of our website(s) and the other information we provide on or through our website(s). The use of our website(s) and other information we provide on or through our website(s) is at your own risk. Neither Health Advice Media nor its affiliates, members, managers, officers, employees, suppliers or third party content providers accept any liability whatsoever for any personal injury, including death, caused by your use or misuse of our website(s) or its contents or any other information we provide on or through our website(s).

WE PROVIDE THE WEBSITE(S) AND OTHER INFORMATION WE PROVIDE ON OR THROUGH OUR WEBSITE(S) ON AN “AS IS” and “AS AVAILABLE” BASIS. WE DO NOT REPRESENT OR WARRANT: (I) THE ACCURACY, RELIABILITY, COMPLETENESS, CORRECTNESS OR TIMELINESS OF THE CONTENT OF OUR WEB SITE(S) OR OTHER INFORMATION WE PROVIDE ON OR THROUGH OUR WEBSITE(S), (II) THE SATISFACTION OF ANY GOVERNMENT REGULATIONS REQUIRING DISCLOSURE OF INFORMATION ON PRESCRIPTION DRUG PRODUCTS OR MEDICAL DEVICES, (III) THAT THE WEBSITE(S) OR ANY INFORMATION WE PROVIDE ON OR THROUGH OUR WEBSITE(S) WILL MEET YOUR REQUIREMENTS OR MEDICAL NEEDS, OR (IV) THAT OUR WEBSITE OR SERVICES WILL BE UNINTERRUPTED OR WILL OPERATE IN THE CONFIGURATION OR WITH OTHER HARDWARE OR SOFTWARE YOU USE. WE MAKE NO WARRANTIES OTHER THAN THOSE MADE EXPRESSLY IN THIS TERMS OF USE AGREEMENT, AND HEREBY DISCLAIM AND ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY AND NON-INFRINGEMENT.

IN NO EVENT SHALL HEALTH ADVICE MEDIA, ITS AFFILIATES, MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, SUPPLIERS OR THIRD PARTY CONTENT PROVIDERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, PUNITIVE OR SPECIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES RELATING TO LOST PROFITS, LOST DATA OR LOSS OF GOODWILL) ARISING OUT OF, RELATING TO OR CONNECTED WITH THE USE OF OUR WEB SITE(S) OR INFORMATION, REGARDLESS OF THE CAUSE OF ACTION ON WHICH THEY ARE BASED, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OCCURRING.

IN NO EVENT WILL OUR AGGREGATE LIABILITY ARISING FROM, RELATING TO, OR IN CONNECTION WITH THIS TERMS OF USE AGREEMENT (INCLUDING, WITHOUT LIMITATION, CLAIMS RELATING TO OUR WEB SITE(S), OR OTHER INFORMATION WE PROVIDE ON OR THROUGH OUR WEBSITE(S)) EXCEED $1,000.

Subscription Services

Certain content provided by Health Advice Media require a paid subscription in order for Users to have access to this information. Users who register for paid subscription services provided by Health Advice Media agree to (i) provide truthful and accurate information requested in user registration forms, and (ii) on an ongoing basis update user information in order to keep it accurate at all times. Our subscription services are not intended or designated for persons under the age of 18. We do not collect any personal identity information from any person we actually know to be under the age of 13.

Payment and Subscription Renewal

Our current subscription rates are listed in the subscription area of our website(s). Individual subscription information, including renewal dates and fees, is listed in the account management section of the individual newsletter web sites, and provides Users with a complete understanding as to when they have been billed in the past, and when they will be billed in the future.

Subscriptions will automatically renew at the end of the initial subscription period, and Users will be billed for the future billing period at the time of renewal, unless otherwise specified in the registration form. Users agree to pay all fees and charges in connection with subscription to a paid service, including any applicable taxes. Users understand that subscription rates and fees are subject to change, and that notice of such a change will be posted on paid service websites. A User's failure to cancel a subscription could result in that User being billed according to the new billing plan once it goes into affect. All subscription service charges are exclusive of sales and other taxes and you are responsible for payment of any applicable state, local and city taxes.

Cancellation and Refund Policy

Paid subscriptions can be terminated by the User either through our website(s), or by sending an e-mail or calling our customer service department. Users are advised to receive written confirmation in the event of a dispute arising from a cancellation. Our regular business hours are 9:30 a.m. to 5 p.m., Monday through Friday, U.S. Eastern Time.
Cancellation will take effect within ten (10) business days of the date we receive a cancellation request. In the event that a subscriber cancels a subscription prior to the end of the current billing period AND requests a refund, the subscriber will be refunded a portion of the subscription price paid for the canceled portion of their subscription period on a pro-rated basis, rounded to the end of current month. Subscribers agree not to dispute refunds with Health Advice Media or their personal credit card companies or banks.

Ownership of Materials and Use of Website(s)

All materials on our website(s) and other information distributed by us, including, but not limited to, the text, information, material, software and graphics contained on our websites or in our newsletters (collectively, the “Materials”) are owned by Health Advice Media, or are the property of third party content providers. The Materials are protected by copyright, trademark, and other intellectual property laws and treaties of the United States and other countries. We make no proprietary claim to any third party names, trademarks or service marks appearing on our website(s) or in the information we provide on or through our website(s). Any third party names, trademarks, and service marks are the properties of their respective owners. Except as provided in the next sentence, the Materials may not be copied, reproduced, modified, published, uploaded, downloaded, posted, transmitted, or distributed in any way, without our prior written permission. You may download one (1) copy of the Materials on a single computer only for your personal, non-commercial, internal use. You may not (i) modify the Materials or use them for any commercial purpose, or any other public display, performance, sale, or rental, (ii) decompile, reverse engineer, or disassemble software materials, (iii) remove any copyright notice or other proprietary notices from the Materials, or (iv) transfer the materials to another person. We reserve the right to change, update, discontinue, or restrict or prevent access to our website(s) or the Materials at any time without notice.

By posting, storing, or transmitting any content on or to our website(s), including, but not limited to, posting comments and sending e-mail, you hereby expressly grant Health Advice Media a perpetual, worldwide, non-exclusive, royalty-free, sub-licensable, right and license to use, copy, display, perform, create derivative works from, distribute, have distributed, transmit and sublicense such content in any form, in all media now known or hereinafter created, anywhere in the world. You hereby irrevocably waive any claims based on moral rights or similar theories, if any.

We do not have the ability to control the nature of the user-generated content offered through our website(s). You are solely responsible for your interactions with other Users of our website(s) and any content that you post. We will not be liable for any damage or harm resulting from any content or your interactions with other Users of our website(s). We reserve the right, but have no obligation, to monitor interactions between you and other Users of our website(s) and take any other action to restrict access to or the availability of any material that we or another user of the website(s) may consider to be obscene, lewd, lascivious, filthy, excessively violent, harassing or otherwise objectionable (including, without limitation, because it violates this Terms of Use Agreement).

In your use of our website(s) or any other information we provide on or through our website(s), you may not: (i) infringe any patent, trademark, trade secret, copyright, right of publicity or other right of any party, or submit content that is harassing, obscene, threatening, defamatory, or otherwise inappropriate; (ii) disrupt or interfere with the security or use of the website(s) or any web sites linked to the website(s); (iii) interfere with or damage the website(s), including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial of service attacks, packet or IP spoofing, forged routing or electronic mail address information, or similar methods or technology; (iv) impersonate another person or entity, misrepresent your affiliation with a person or entity, including (without limitation) us, or use a false identity; (v) attempt to obtain unauthorized access to the website(s); (vi) advertise or solicit any business or engage, directly or indirectly, in transmission of “spam,” chain letters, junk mail or any other type of unsolicited solicitation; (vii) collect or use (for commercial purposes) information about other Users or our website(s) without their or our express written consent; (viii) submit false or misleading information to us; (ix) violate any law, rule, or regulation; (x) engage in any activity that interferes with any third party's ability to use or enjoy our website(s) or any information we provide on or through our website(s); or (xi) assist or encourage any third party in engaging in any activity prohibited by this Terms of Use Agreement.
You are solely responsible for your own communications (including the consequences of posting those communications) in, and reliance on any communications found on, any chat room, message boards, blogs or other public areas of our website(s). You shall not use any such public areas for any activities in violation of clauses (i) through (xi) of the immediately preceding paragraph.

Links to Third Party Web Sites

Our website(s) contain links to other web sites operated by parties other than Health Advice Media, and other resources and advertisements. Such links are provided for your reference only. We are not responsible for the availability of these external sites nor are we responsible for any of the contents, advertisements, products, or other materials on such external sites. Our inclusion of links to such web sites does not imply any endorsement of the materials, products or treatments on such web sites or any association with their operators. Under no circumstances shall we be held responsible or liable, directly or indirectly, for any loss or damage caused or alleged to have been caused in connection with the use of or reliance on any content, goods, or services available on such external site. Your use of such third party websites or their goods or services is at your own risk. Any concerns regarding any external link should be directed to its respective site administrator or webmaster.

Linking and Framing

You may not deep link to portions of our website(s), or frame, inline link, or similarly display any of our property, including, without limitation, our website(s). You may not use any of our logos or other trademarks as part of a link or advertisement without express written permission.

Comments

All comments, feedback, suggestions, ideas, and other submissions that you disclose, submit or offer to us in connection with your use of our website(s) (collectively, “Comments”) will become our exclusive property. Such disclosure, submission or offer of any Comments shall constitute an assignment to us of all worldwide right, title and interest in all patent, copyright, trademark, and all other intellectual property and other rights whatsoever in and to the Comments and a waiver of any claim based on moral rights, unfair competition, breach of implied contract, breach of confidentiality, and any other legal theory. You will, at our cost, execute any documents to effect, record, or perfect such assignment. Thus, we will own exclusively all such right, title and interest and shall not be limited in any way in the use, commercial or otherwise, of any Comments. You should not submit any Comments to us if you do not wish to assign such rights to us. We are and will be under no obligation: (i) to maintain any Comments in confidence; (ii) to pay to you or any third party any compensation for any Comments; or (iii) to respond to any Comments. You are and shall remain solely responsible for the content of any Comments you make.

Indemnification

You agree to hold us and our members, managers, officers, employees, suppliers or third party content providers (the “Indemnified Parties”) harmless from any damage, loss, cost or expense (including without limitation, attorneys' fees and costs) arising from, related to, or connected with your use of our website(s) or any other information we provide on or through our website(s). If you are obligated to provide indemnification pursuant to this provision with respect to any third-party claim, we may, in our sole and absolute discretion, control the disposition of any such claim at your sole cost and expense. Without limitation of the foregoing, you may not settle, compromise or in any other manner dispose of any such claim without our consent.

Domestic Use

We control our website(s) from our offices within the United States of America. We make no representation that our website(s) or its content (including, without limitation, any information we provide on or through our website(s)) are appropriate or available for use in other locations. Users who access our website(s) or download or receive any information we provide on or through our website(s) from outside the United States of America do so on their own initiative and must bear all responsibility for compliance with local laws, if applicable. No content from our website(s) may be downloaded or subscribed for in violation of United States or other law.

Arbitration

All disputes arising out of or relating to this Terms of Use Agreement (including its formation, performance or alleged breach), our Privacy or E-Mail Policies or your use of our website(s) or any information we provide on or though our website(s) will be exclusively resolved under confidential binding arbitration held in Washington, D.C., United State of America, before and in accordance with the Rules of the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Terms of Use Agreement will be joined to an arbitration involving any other party subject to this Terms of Use Agreement, whether through class arbitration proceedings or otherwise. Notwithstanding the foregoing, we will have the right to seek injunctive or other equitable relief in the courts located in Washington, D.C., United States of America to enforce this Terms of Use Agreement or prevent an infringement of a third party's rights. In the event equitable relief is sought, you hereby irrevocably submit to the personal jurisdiction of such courts.

Waiver of Class Action Rights

BY ENTERING INTO THIS TERMS OF USE AGREEMENT BY USING OUR WEBSITE(S), YOU HEREBY IRREVOCABLY WAIVE ANY RIGHT YOU MAY HAVE TO JOIN CLAIMS WITH THOSE OF OTHERS IN THE FORM OF A CLASS ACTION OR SIMILAR PROCEDURAL DEVICE. ANY CLAIMS ARISING OUT OF, RELATING TO, OR CONNECTED WITH THIS TERMS OF USE AGREEMENT, OUR E-MAIL OR PRIVACY POLICIES OR YOUR USE OF OUR WEBSITE(S) OR ANY INFORMATION WE PROVIDE ON OR THOUGH OUR WEBSITE(S) MUST BE ASSERTED INDIVIDUALLY.

Limitation of Actions

You acknowledge and agree that, regardless of any statute or law to the contrary, any claim or cause of action you may have arising out of, relating to, or connected with this Terms of Use Agreement, our E-Mail or Privacy Policies or your use of our website(s) or the other information we provide on or through our website(s), must be filed within one (1) calendar year after the date of the event giving rise to such claim or cause of action occurred, or forever be barred.

Changes to the Web Site

We may, in our sole discretion, change, modify, suspend, make improvements to or discontinue any aspect of our website(s) or any information we provide on or through our website(s), temporarily or permanently, at any time without notice to you, and we will not be liable for doing so.

Termination

We will have the right to terminate your access to our website(s) or other information we provide on or through our website(s) if we believe you have breached any of the terms and conditions of this Terms of Use Agreement. Following termination, you will not be permitted to use our website(s) and we may, in our discretion, cancel any outstanding subscriptions that you subscribed for. If your access to our website(s) is terminated, we reserve the right to exercise whatever means we deem necessary to prevent unauthorized access to our website(s), including, but not limited to, technological barriers, IP mapping, and direct contact with your Internet Service Provider. This Terms of Use Agreement will survive indefinitely unless and until we choose to terminate it, regardless of whether any registration or subscription you opened is terminated by you or us or you have the right to access or use our website(s).

Integration

This Terms of Use Agreement, and our Privacy and E-mail Policies contain the entire understanding between you and us regarding the use of our website(s) and the information we provide on or through our website(s), and supersedes all prior and contemporaneous agreements and understandings between you and us relating thereto.

Rules of Construction

All section titles or captions in this Terms of Use Agreement shall be for convenience only, shall not be deemed part of this Terms of Use Agreement and shall in no way define, limit, extend or describe the scope or intent of any provisions of this Terms of Use Agreement. Whenever the context may require, any pronoun used in this Terms of Use Agreement shall include the corresponding masculine, feminine or neuter forms, and the singular form of nouns, pronouns and verbs shall include the plural and vice versa. Whenever the word “including” is used herein, it shall be construed to mean “including without limitation.”

Additional Terms

This Terms of Use Agreement will be binding upon each party hereto and its successors and permitted assigns, and governed by and construed in accordance with the laws of the District of Columbia, United States of America, without regard for conflict of law principles or other principles that would cause the application of the law of any other jurisdiction or country. This Terms of Use Agreement and all of your rights and obligations under it may not be assigned or transferred by you without our prior written consent. No failure or delay by a party in exercising any right, power or privilege under this Terms of Use Agreement will operate as a waiver thereof, nor will any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof or the exercise of any other right, power, or privilege under this Terms of Use Agreement. You are an independent contractor, and no agency, partnership, joint venture, employee-employer relationship is intended or created by this Terms of Use Agreement. The invalidity or unenforceability of any provision of this Terms of Use Agreement will not affect the validity or enforceability of any other provision of this Terms of Use Agreement, all of which will remain in full force and effect.

Should you have any questions regarding our Terms of Use Agreement or other related issues, please contact us so that we can address your concerns.

Last updated: May 2008.