This “Terms Of Service” Agreement is entered into by and between the party identified as “ReadersHealthDigest.com”, representing the “Service” and any individual, corporation, association, agency, company, or other entity who accesses or uses ReadersHealthDigest.com (identified in this agreement as the “User” or “you”).
ReadersHealthDigest.com is a Service and Website on the Internet that is designed to allow Users to view health related articles and services promoted by other “Contributors” or Users. The service enables you to search and browse through information including articles and promotional pieces for various health related products and services. ReadersHealthDigest.com sends Users to the third party supplier’s website where you can purchase or seek additional information on these products and services.
ReadersHealthDigest.com contains or may contain information, text, graphics, links, animations, audio, video, software, photos, sounds and other material and data (collectively, “Content”) formatted, organized and collected in a variety of forms that are generally accessible to Users. Some of the content promoted on ReadersHealthDigest.com comes from third party providers. Under no circumstance, shall ReadersHealthDigest.com be responsible for inaccurate and misleading prices and information, and guarantee the validity and availability of the content and offers promoted on its website.
ANY AND ALL MATERIAL PROVIDED BY Readers Health Digest IS PROVIDED “AS IS” AND Readers Health Digest MAKES NO WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANT ABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
Notwithstanding any other agreement or other communications between Readers Health Digest and Subscriber to the contrary, receipt or use of any material provided by Readers Health Digest, at any time and through any means, whether directly or indirectly, represents acknowledgement by such person of this disclaimer and agreement with its terms and conditions.1.1.
1. Limitations on Use
LIMITATION ON READERS HEALTH DIGEST LIABILITY
Readers Health Digest liability, whether in contract, tort, negligence, or otherwise, shall be limited in the aggregate to direct and actual damages not to exceed the fees received by Readers Health Digest from Subscriber. Readers Health Digest will not be liable for consequential, incidental, punitive, special, exemplary, or indirect damages resulting directly or indirectly from the use of or reliance upon any material provided by Readers Health Digest. Without limitation, Readers Health Digest shall not be responsible or liable for any loss or damages related to, either directly or indirectly, (1) any decline in market value or loss of any investment; (2) a subscriber’s inability to use or any delay in accessing the Readers Health Digest website or any other source of material provided by Readers Health Digest; (3) any absence of material on the Readers Health Digest website; (4) Readers Health Digest failure to deliver or delay in delivering any material or (5) any kind of error in transmission of material; or (6) the use by a subscriber of any research to invest in any way which may be deemed unsuitable in accordance with certain industry standards. Readers Health Digest and Subscriber acknowledge that, without limitation, the above-enumerated conditions cannot be the probable cause of any breach of any agreement between Readers Health Digest fe and Subscriber. “No-risk” and “risk-free” refer solely to the subscription price refund policy.
Access to ReadersHealthDigest.com
The User is responsible for providing all hardware, software, telephone or other communications equipment and/or service to connect to the Internet and access ReadersHealthDigest.com and is responsible for all Internet access charges, telephone charges or other fees or charges incurred in connecting to the Internet and using ReadersHealthDigest.com.
By accessing ReadersHealthDigest.com, you agree that you will not:
* Use the Service for any purpose that is unlawful or prohibited by these Terms;
* Restrict or inhibit any other User from using and enjoying the Interactive Features;
* Alter, damage or delete any Content or other communications that are not your own Content or to otherwise interfere with the ability of others to access ReadersHealthDigest.com;
* Disrupt the normal flow of communication in an Interactive Area;
* Claim a relationship with or to speak for any business, association, institution or other organization for which you are not authorized to claim such a relationship;
* Use any device, software or routine to interfere or attempt to interfere with the proper working of the Service and will not send automated queries of any sort to the Service.;
* Violate any operating rule, policy or guideline of your Internet access provider or online service.
When using ReadersHealthDigest.com or its namesake you agree that you will not:
* Post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, profane, or indecent information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national, or international law;
* Post or transmit any information, software, or other material which violates or infringes in the rights of others, including material which is an invasion of privacy or publicity rights or which is protected by copyright, trademark or other proprietary right, or derivative works with respect thereto, without first obtaining permission from the owner or right holder;
* Post or transmit any information, software or other material which contains a virus or other harmful component;
Please note that herein, “interactive area” refers to any internal and/or 3rd party area(s) including member forums, social media forums and the like. You acknowledge that ReadersHealthDigest.com may include various Member Areas (“Member Areas”). You further understand that ReadersHealthDigest.com does not control the messages, information, or files delivered to such Member Areas and that ReadersHealthDigest.com may offer you and other Users the capability of creating and managing an Interactive Area. However, neither ReadersHealthDigest.com, its subsidiary and parent companies, or affiliates, nor their respective directors, officers, employees and agents are responsible for Content within any Interactive Area. Your use and/or management of an Interactive Area will be governed by this Agreement and any additional rules or operating procedures of any Interactive Area established by you or another User, as applicable. You recognize that ReadersHealthDigest.com cannot, and does not intend to, screen communications in advance. Moreover, because ReadersHealthDigest.com encourages open and candid communication in the Member Areas, ReadersHealthDigest.com cannot determine in advance the accuracy or conformance to this Agreement of any Content transmitted in an Interactive Area. ReadersHealthDigest.com is not responsible for screening, policing, editing, reviewing or monitoring any Content in an Interactive Area. Notwithstanding the above, you agree that ReadersHealthDigest.com has the right to monitor any Interactive Area, from time to time and to disclose any information as necessary to satisfy any law, regulation or other governmental request, to operate the Interactive Area, or to protect itself or other Users. If notified of Content that is alleged not to conform to this Agreement, ReadersHealthDigest.com may investigate the allegation and determine in its sole discretion whether to remove or request the User to remove such Content. ReadersHealthDigest.com reserves the right to prohibit conduct, communication or Content within an Interactive Area, or to edit, refuse to post, or to remove any Content, in whole or in part, which it deems in its sole discretion to violate the then-standard provisions of this Agreement or any other standard, written ReadersHealthDigest.com policy in effect at that time, be harmful to the rights of any User, ReadersHealthDigest.com, or other third parties, violate applicable law, or be otherwise objectionable.
2. Intellectual Property Right
You acknowledge that Content on ReadersHealthDigest.com is generally provided by ReadersHealthDigest.com, individual contributors of Content (“Contributors”), third party licensees, attributed third party articles and/or other Users. You acknowledge that ReadersHealthDigest.com permits access to Content that is protected by copyrights, trademarks, and other proprietary (including intellectual property) rights (“Intellectual Property Rights”), and that these Intellectual Property Rights are valid and protected in all media existing now or later developed and except as is explicitly provided below, your use of Content shall be governed by applicable copyright and other intellectual property laws. You acknowledge that ReadersHealthDigest.com owns a copyright in the “look and feel,” i.e., the selection, coordination, arrangement and presentation of such Content.
You may not modify, copy, reproduce, transmit, distribute, publish, create derivative works from, display or otherwise transfer or commercially exploit any of the Content, in whole or in part, provided, however, that you may:
* Make a reasonable number of digital or other form of copies to permit your computer hardware and software to access and view the Content;
* Print one copy of each piece of Content;
* Make and distribute a reasonable number of copies of Content, in whole or in part, in hard copy or electronic form for internal use only.
Any permitted copies of Content must reproduce in an unmodified form any notices contained in the Content, such as all Intellectual Property Right notices, and an original source attribution to “ReadersHealthDigest.com” and its URL address. You acknowledge that ReadersHealthDigest.com, its Contributors, and/or Users remain the owners of the Content and that you do not acquire any Intellectual Property Rights by downloading or printing Content.
If you would like information about obtaining the Company’s permission to use any of the Content on your Web site, email support@ ReadersHealthDigest.com. If you violate any of these Terms, your permission to use the Content automatically terminates and you must immediately destroy any copies you have made of the material.
Contributors or Users promoting offers on or through ReadersHealthDigest.com
Contributors may upload to any Interactive Area or otherwise transmit, post, publish, reproduce or distribute, on or through ReadersHealthDigest.com only Content that is not subject to any Intellectual Property Rights, or Content in which any holder of Intellectual Property Rights has given express authorization for distribution over the Internet and on ReadersHealthDigest.com, without restriction whatsoever. Any Content submitted with the consent of a copyright owner other than you should contain a phrase such as “Copyright owned by [name of owner]; Used by Permission.” By submitting Content to any Interactive Area, you automatically grant and/or warrant that the owner of such Content, whether it be You or a third party, has expressly granted to ReadersHealthDigest.com the royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, sublicense, distribute, perform, and display such Content, in whole or in part, worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed for the full term of any Intellectual Property Rights that may exist in such Content. You also permit ReadersHealthDigest.com to sublicense to third parties the unrestricted right to exercise any of the foregoing rights granted with respect to such Content. You also permit any User to access, view, store and reproduce the Content for personal use.
ReadersHealthDigest.com may, in appropriate circumstances and at its discretion, remove, or disable access to, Content on the Site that infringes on the rights of others. If you believe that your work has been used on the Site in a manner that constitutes copyright infringement, please provide ReadersHealthDigest.com with a written notice (email is sufficient) that includes the following information:
* An electronic or physical signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed;
* Identification of the copyrighted work claimed to have been infringed;
* A description of where the material that you claim is infringing is located on the Site;
* Your address, telephone number and email address;
* A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner or authorized to act upon the copyright owner’s behalf.
3. Links to other Websites
This Site contains hyperlinks to Web sites operated by parties other than ReadersHealthDigest.com. ReadersHealthDigest.com’s inclusion of hyperlinks to such Web sites does not imply any endorsement of the material on such Web sites or any association with their operators. If you decide to access third-party Web sites, you do so at your own risk.
You understand that except for Content, products or services expressly available at ReadersHealthDigest.com, neither ReadersHealthDigest.com, its subsidiary and parent companies, or affiliates, or their respective directors, officers, employees, and agents controls, provides, or is responsible for any Content, goods or services available through sites on the Internet linked to or from ReadersHealthDigest.com.
All such Content, goods and services are made accessible on the Internet by independent third parties and are not part of ReadersHealthDigest.com or controlled by ReadersHealthDigest.com.
Your interaction with any health related information, product or service provider accessed through the Service is at your own risk, and ReadersHealthDigest.com shall have no liability with respect to the acts, omissions, errors, representations, warranties, breaches or negligence of any such suppliers or for any personal injuries, death, property damage, or other damages or expenses resulting therefrom.
ReadersHealthDigest.com neither endorses nor is responsible for the accuracy, timeliness, completeness, usefulness, quality or availability of any Content, goods or services available on any site linked to or from ReadersHealthDigest.com, which are the sole responsibility of such independent third parties, and your use thereof is solely at your own risk.
Neither ReadersHealthDigest.com, its subsidiary and parent companies, or affiliates, or their respective directors, officers, employees, and agents shall be held responsible or liable, directly or indirectly, for any loss or damage caused or alleged to have been caused by your use of or reliance on any Content, goods or services available on any site linked to or from ReadersHealthDigest.com or your inability to access the Internet or any site linked to or from ReadersHealthDigest.com.
The only right with respect to dissatisfaction with any policies, guidelines, or practices of ReadersHealthDigest.com in operating ReadersHealthDigest.com, or any change in Content, is for you to discontinue accessing ReadersHealthDigest.com. ReadersHealthDigest.com may terminate or temporarily suspend your access to all or any part of ReadersHealthDigest.com, without notice, for conduct that ReadersHealthDigest.com believes is a violation of this Agreement or any policies or guidelines posted by ReadersHealthDigest.com, or for other conduct which ReadersHealthDigest.com believes, in its sole discretion, is harmful to ReadersHealthDigest.com or other Users. ReadersHealthDigest.com may discontinue operating ReadersHealthDigest.com and terminate this Agreement without notice at any time for any reason in its sole discretion. In the event of termination, you are no longer authorized to access ReadersHealthDigest.com, including the Member Areas, and the restrictions imposed on you with respect to Content downloaded from ReadersHealthDigest.com, as well as the disclaimers and limitations of liabilities set forth in this agreement, shall survive.
6. Disclaimer of Warranty
THIS SERVICE IS PROVIDED BY ReadersHealthDigest.com “AS IS” AND YOU USE IT AT YOUR SOLE RISK.
NEITHER ReadersHealthDigest.com NOR ANY OF ITS SUBSIDIARY AND PARENT COMPANIES, OR AFFILIATES, OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, AFFILIATES, LICENSORS OR OTHER SUPPLIERS PROVIDING CONTENT, DATA, INFORMATION OR SERVICES WARRANTS THAT ReadersHealthDigest.com OR ANY INTERNET SITE LINKED TO OR FROM ReadersHealthDigest.com WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE, INCLUDING THE Member Areas, OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NOR DO ANY OF THEM MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF ReadersHealthDigest.com OR ANY INTERNET SITE LINKED TO OR FROM ReadersHealthDigest.com OR AS TO THE TIMELINESS, SEQUENCE, ACCURACY, AUTHORITY, COMPLETENESS, USEFULNESS, NONINFRINGEMENT, RELIABILITY, AVAILABILITY, OR SUBSTANCE OF ANY CONTENT, INFORMATION, SERVICE, OR TRANSACTION PROVIDED THROUGH ReadersHealthDigest.com OR ANY SITE LINKED TO OR FROM ReadersHealthDigest.com.
ReadersHealthDigest.com IS PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT .
7. Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL ReadersHealthDigest.com, ITS SUBSIDIARY AND PARENT COMPANIES, OR AFFILIATES, OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, OR LICENSORS, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, EXEMPLARY, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES UNDER OR ARISING FROM THIS AGREEMENT, ReadersHealthDigest.com, OR ANY INTERNET SITE LINKED TO OR FROM ReadersHealthDigest.com, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION, INCLUDING WITHOUT LIMITATION, ANY LIABILITY FOR DAMAGES CAUSED OR ALLEGEDLY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, ELECTRICAL SURGE/DAMAGE/INTERFERENCE, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATIONS LINE FAILURE, BREAKDOWN OF EQUIPMENT, SOFTWARE ERROR, INFRINGEMENT, UNAUTHORIZED ACCESS TO, OR THEFT, DESTRUCTION, ALTERATION, OR USE OF, RECORDS.
UNDER NO CIRCUMSTANCES SHALL ReadersHealthDigest.com, ITS SUBSIDIARY AND PARENT COMPANIES, OR AFFILIATES, OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, OR LICENSORS, BE LIABLE TO YOU OR ANY OTHER THIRD PARTY FOR ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE ON THE CONTENT CONTAINED WITHIN ReadersHealthDigest.com OR THE CONTENT CONTAINED WITHIN ANY INTERNET SITE LINKED TO OR FROM ReadersHealthDigest.com. THE CONTENT WITHIN ReadersHealthDigest.com AND THE CONTENT WITHIN INTERNET SITES LINKED TO OR FROM ReadersHealthDigest.com MAY INCLUDE TECHNICAL OR OTHER INACCURACIES OR TYPOGRAPHICAL ERRORS. ReadersHealthDigest.com AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION, PRODUCTS AND SERVICES CONTAINED ON OR OBTAINED THROUGH THIS SITE
CHANGES ARE PERIODICALLY ADDED TO THE CONTENT HEREIN; ReadersHealthDigest.com AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THIS SITE AT ANY TIME. ALL SUCH INFORMATION, PRODUCTS AND SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND.
YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT ReadersHealthDigest.com IS NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE, FRAUDULENT, OR OTHERWISE ILLEGAL CONDUCT OF ANY USER. IF YOU ARE DISSATISFIED WITH ANY ReadersHealthDigest.com SITE CONTENT, OR WITH THE ACCESS AGREEMENT OF ReadersHealthDigest.com, IN WHOLE OR IN PART, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING ReadersHealthDigest.com.
You agree to defend, indemnify and hold ReadersHealthDigest.com, its parent or subsidiary companies and their affiliates, and their respective directors, officers, employees, and agents from any and all liabilities, claims and expenses, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature, including reasonable attorneys’ fees, arising from breach of this Agreement, any other policy, your use or access of ReadersHealthDigest.com or any Internet site linked to or from ReadersHealthDigest.com, or in connection with the transmission of any Content on ReadersHealthDigest.com.
This Agreement comprises the entire agreement between ReadersHealthDigest.com and you, and supersedes any prior agreements with respect to the subject matter herein. ReadersHealthDigest.com may revise this Agreement or any other policy at any time and from time to time, and asks that you review these Terms from time to time so that you will be aware of any changes. Your continued use of the Service following any change will be subject the Terms in effect at the time of your use. If any such revision is unacceptable to you, you must discontinue accessing ReadersHealthDigest.com.
ReadersHealthDigest.com reserves the right modify or terminate the Service from time to time, for any reason, and without notice, without liability to you, any other user or any third party.
If any provision of this Agreement or any other policy be held invalid or unenforceable, that portion shall be construed in accordance with applicable law as nearly as possible to reflect the original intention of the parties and the remaining portions will continue in full force and effect. The failure of ReadersHealthDigest.com to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right.
This Agreement is personal to you and you may not assign your rights or obligations thereunder to anyone. All logos, brand names, products, trademarks and service marks appearing herein may be the trademarks or service marks of their respective owners. References to any trademark, service mark and links to or from ReadersHealthDigest.com have been done strictly for clarification and identification and does not constitute endorsement by ReadersHealthDigest.com of the products, services or information offered by the owner of such trademark, service mark or link or endorsement of ReadersHealthDigest.com by such trademark.
ReadersHealthDigest.com provides information on, accepts advertising from, and provides links to third-party vendors. Offers from these vendors that may be mentioned on or through ReadersHealthDigest.com’s Services are often subject to change at any time, and may have many additional restrictions and limitations. Users of ReadersHealthDigest.com agree to confirm all aspects of third-party offers with the offering party, and to hold ReadersHealthDigest.com harmless for any circumstances that may arise from interactions with a third party.
This Agreement shall be governed by the laws of the state or province of domicile of ReadersHealthDigest.com, excluding its conflict of laws rules, and you and ReadersHealthDigest.com each submit to the exclusive jurisdiction of the courts of that state or province.