Effective May 19, 2011
1. Changes to User Agreement. We reserve the right to update or modify this Agreement at any time by notifying you of the change in writing or electronically (including by e-mail or by posting a notice on the Site that this Agreement has been updated). Your use of the Site following the posting of such revisions to this Agreement constitutes your acceptance to be bound by the Agreement as modified.
2. Registration. You may register on the Site as a user (“User”) or a viewer (“Viewer”). Each User may grant other individuals, referred to in this Agreement as Viewers, the right to view the data submitted by the User to the Site in response to the Mood 24/7 text messages (the “Response Data”). Please be very careful in choosing to whom you give Viewer rights as they will be able to see your Response Data (but not modify it in any way). You do not have to give anyone Viewer rights and should only do so if you trust that person with your Response Data. You may terminate a Viewer’s right to view your Response Data at any time by clicking on your “Trusted Circle” tab on the Site and deleting them from your list of authorized Viewers. If you are given Viewer rights by a User, you must register on the Site as a Viewer in order to view the User’s Response Data. If that User terminates your rights as a Viewer, you will no longer have any access to that user’s Response Data.
3. Fees and Payments. The Site will initially be offered for free. However, we may decide to charge Users a fee for use of the Site at any time. To the extent that you registered with the Site before we start charging a fee, you will be notified when a fee becomes due and will be given the opportunity to either cancel your account (“Account”) or agree to the fee and continue your registration. Once we have started charging a fee for the Site, you agree to pay any fees and any other amounts due in connection with your Account for the Site (including any applicable taxes) at the rates in effect when the charges became due. We reserve the right to change the fees for the Site at any time by giving you advance notice. Fees will be billed automatically to your credit card.
4. Renewal / Termination. Your subscription will renew automatically, unless we terminate it or you terminate your Account. You must terminate your subscription prior to its renewal in order to avoid the billing of the renewal fees to your credit card. If you wish to cancel your Account, you may do so by logging onto the Site and clicking the “Account Settings” tab in the upper righthand corner of any page and following the instructions. Alternatively, you may email us at firstname.lastname@example.org if you are unable to terminate your Account online.
5. SMS Message Terms and Charges. Once you register on the Site as a User, you will receive daily text (SMS) messages from the Site that you will prompt you to respond. Message and data rates may apply. These charges are dependent on your cellular service plan, which may include fees from your carrier to send and receive text messages. Charges will appear on your cell phone bill or be deducted from your prepaid balance. You must be authorized by the cell phone account holder to receive and send these messages. For more information text HELP to 69866. To stop receiving the daily messages and incurring any such charges, text STOP to 69866.
A. Supported Carriers. Mood24/7 is supported by all major carriers, including AT&T, Verizon Wireless, Sprint Nextel, Boost, Virgin Mobile, T-Mobile, U.S Cellular, Cricket Communications, Alltel, Cincinnati Bell, Cellular South, NTELOS, CellCom, Carolina West, Apalachian Wireless, Bluegrass Cellular, Centennial Communications, Cox Wireless, GCI Comms, Illinois Valley Cellular, Immix/Keystone Wireless,Nex-Tech, United Wireless, West central Wireless.
B. Cost. There are no premium charges for joining the Mood24/7 service, but message and data rates may apply. Charges are dependent on your cellular phone service plan which may include fees from your carrier to send and receive text messages.
C. Message Frequency. You will be receiving one (1) message a day. Message and data rates may apply.
D. How to opt-out of Text Messages. You can opt-out of receiving Mood24/7 text messages at anytime by texting STOP to 69866. A confirmation message will be sent back to you. However, please note that this will not terminate your Account. To terminate your Account, see Section 3 above.
E. Support/Help. To request support at anytime, text HELP to 69866 or email email@example.com.
7. User License. We hereby grant you, subject to the terms and conditions of this Agreement, the right to view and use this Site for your personal, non-commercial use and to occasionally download and/or print a single copy of a page or article from the Site for your personal and non-commercial use only (the "Permitted Uses"); provided the Content is not modified in any way and all copyright and other proprietary notices are kept intact. No other use of the Content is permitted. You may not reprint or electronically reproduce any Content in whole or in part for any other purpose, without our prior written consent. Furthermore, you may not sell, resell, modify, reverse engineer, decompile, disassemble, frame or create derivative works of or otherwise exploit for any commercial purpose the Site or any portion thereof, other than your User Content, without our prior written consent in each instance. We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Site (or any portion of the Site) with or without notice. You agree that we will not be liable for any modification, suspension or discontinuance of the Site.
8. Health Information Disclaimer. This Site is intended to be used for informational purposes only. The Content is not intended to be and should not be interpreted as a recommendation for a specific treatment plan, product, course of action or medical or healthcare provider. Your use of this Site does not create a doctor / patient relationship. THE SITE DOES NOT OFFER MEDICAL ADVICE AND NOTHING CONTAINED IN THE CONTENT IS INTENDED TO CONSTITUTE PROFESSIONAL ADVICE FOR MEDICAL DIAGNOSIS OR TREATMENT. You should not use the Site to diagnose a health or fitness problem or disease. Use of the Site is not a substitute for consultations with a qualified health or medical professional. NEVER DISREGARD THE MEDICAL ADVICE OF A PHYSICIAN OR HEALTH PROFESSIONAL, OR DELAY IN SEEKING SUCH ADVICE, BECAUSE OF SOMETHING YOU READ ON THIS SITE. Although we strive to ensure that the information we provide on this Site is correct, we cannot guarantee that it is always accurate and up-to-date. We offer this Site "AS IS" and without any warranties. The service provided by the site is not intended for use in the diagnosis of disease or other conditions or in the cure, mitigation, treatment or prevention of disease.
9. Usage Rules. As a condition of your use of the Site, you agree that you will not use the Content for any purpose that is unlawful or prohibited by this Agreement. By completing the registration process on the Site, you establish an Account and you represent that the information you provide in the registration process is accurate and current. We reserve the right to terminate your Account at any time in our sole discretion. You are responsible for maintaining the confidentiality of your password and you agree to notify us promptly at firstname.lastname@example.org of any unauthorized use of your account. We reserve the right to delete any username that we deem inappropriate or offensive. We reserve the right to block transmission of, and or remove any User Content that you post to the Site, at any time, for any reason, and without prior notice to you. Without limiting the generality of the foregoing, you expressly acknowledge and agree that the following rules shall apply to your use of the Site:
a. You are responsible for any Content posted to the Site through your Account.
b. You may not post or transmit any User Content which is illegal, libelous or defamatory. You may not post or transmit any User Content which is indecent, obscene or pornographic.
c. You may not post or transmit any message, data, image or program that would violate the property rights of others.
d. You may not post or transmit any file which contains viruses, worms, Trojan horses or any other contaminating or destructive features.
e. You may not post or transmit spam, petitions for signatures, chain letters or letters relating to pyramid schemes. You may not post or transmit any advertising, promotional materials or any other solicitation of other users to use goods or services.
f. You may not use any robot, spider or other automated means to access this Site for any reason without our prior written consent, unless they comply with the Robots Exclusion Protocol. If you violate this provision, we may, among other things, terminate your access to the Site, delete your Account, remove your User Content from the Site and prevent any further access by you to the Site, your Account or your User Content. To be clear, even users that access the Site through automated means are consenting to this Agreement.
10. Review of Postings & Uploads. We assume no responsibility for monitoring User Content, including Response Data. We do not and cannot review all User Content posted or uploaded to the Site and are not responsible for such User Content; however, we reserve the right (but assume no obligation) to delete, move, condense or edit postings that come to our attention that we consider unacceptable or inappropriate, whether for legal or other reasons.
11. Trademarks. HEALTHCENTRAL®, HEALTHSQUARE®, HEALTHSCOUT®, FOODFIT®, FOODFIT.COM®, HEALTHCENTRALRX®, MDCHOICE®, WELLSPHERETM, MOOD24/7TM, DR.KOOP.COM®, MOOD24/7 TM and DRUG CHECKER® are trademarks of HealthCentral and its subsidiaries. All of the trademarks, service marks, and logos displayed on this Site (the "Trademarks") are registered and unregistered trademarks of HealthCentral, its affiliates, or third parties. Nothing in this Site should be construed as granting, by implication, estoppel, or otherwise, any license or right in and to any of the Trademarks without our express written permission or the express written permission of the owner of the applicable Trademark. Except as expressly provided in this Agreement, any use of the Trademarks is expressly prohibited.
12. Procedures for Claimed Copyright Infringement. We respect the intellectual property rights of others, and ask that you do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, in accordance with the Digital Millennium Copyright Act, please provide the following information to our agent:
(a) an electronic or physical signature of the person authorized to act on behalf of the copyright owner; (b) a description of the copyrighted work that you claim has been infringed; (c) a description of where the material you claim is infringing is located on the Site; (d) your address, telephone number, and email address; (e) a statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and(f) a statement made by you, under the penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or duly authorized to act on the copyright owner's behalf. Our agent may be contacted as follows:
The HealthCentral Network, Inc.
2300 Wilson Boulevard #600
Arlington, VA 22201
Attn: Alexander D. Baldwin
13. Linking and Framing. The Site may contain links to or advertisements for web sites operated by other parties (the "Third Party Sites"). The links to and advertisements concerning Third Party Sites are provided for your convenience. We do not control such Third Party Sites and we are not responsible for the content and performance of these Third Party Sites or for your transactions with them. Our inclusion of links to or advertisements for such Third Party Sites does not imply any endorsement of the material, products or services on such Third Party Sites or any association with their operators. Without a written agreement with us to the contrary, you must obey the following rules for linking to the Site or any pages within the Site:
- All links must be text-only links.
- The link's appearance, position or other characteristics must not damage or dilute the goodwill associated with our reputation or trademarks.
- The link's appearance, position or other characteristics must not create the false impression that we sponsor, endorse or are associated with any other entity, product or service.
- The link must display the Site on the full-screen and not within a "frame."
- We reserve the right to revoke our consent to any link at any time; in which case, you agree to remove your links to the Site.
a. Geographic Disclaimer. The Site is administered by HealthCentral from Arlington, Virginia and is available only to Users who are U.S. residents. Access to the Site and the Content may not be legal in some countries outside the United States. If you elect to access and use the Site and Content from outside of the United States, you do so at your own risk and are solely responsible for complying with all applicable laws and regulations.
b. DISCLAIMER OF WARRANTIES. THIS SITE AND ITS CONTENT ARE PROVIDED "AS IS." WE MAKE NO REPRESENTATIONS OR ENDORSEMENT ABOUT THE SUITABILITY FOR ANY PURPOSE OF PRODUCTS AND SERVICES AVAILABLE THROUGH THIS SERVICE. WE DO NOT GUARANTEE THE TIMELINESS, VALIDITY, COMPLETENESS OR ACCURACY OF THE CONTENT. WE DISCLAIM ALL WARRANTIES AND CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, WITH REGARD TO THE CONTENT, PRODUCTS, SERVICES AND ALL OTHER INFORMATION CONTAINED ON AND/OR MADE AVAILABLE THROUGH THIS SITE, INCLUDING BUT NOT LIMITED TO THE AVAILABILITY OF THIS SITE. ALTHOUGH WE MAY UPDATE THE CONTENT ON THIS SITE FROM TIME TO TIME, PLEASE NOTE THAT MEDICAL INFORMATION CHANGES RAPIDLY. THEREFORE, SOME OF THE INFORMATION MAY BE OUT OF DATE AND/OR MAY CONTAIN ERRORS. BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, THESE EXCLUSIONS MAY NOT APPLY TO YOU.
c. We take no responsibility for User Content or third party advertisements that are posted on the Site, nor do we take any responsibility for the goods or services provided by our advertisers.
15. Indemnification. You agree to indemnify, defend and hold harmless HealthCentral, its officers, directors, employees, agents, information providers, partners, advertisers and suppliers (the "HealthCentral Parties") from and against all losses, expenses, damages and costs, including reasonable attorney's fees, resulting from (a) any User Content posted through your Account, or (b) your use of the Content or Site; and/or (c) your breach of the terms of this Agreement (including infringement of any third parties' intellectual property rights or negligent or wrongful conduct) by you or any other person accessing the Site using your Account.
16. Waiver, Release and Limitation of Liability. YOU AGREE THAT NONE OF THE HEALTHCENTRAL PARTIES SHALL HAVE ANY LIABILITY TO YOU UNDER ANY THEORY OF LIABILITY OR INDEMNITY IN CONNECTION WITH YOUR USE OF THE SITE. YOU HEREBY RELEASE AND FOREVER WAIVE ANY AND ALL CLAIMS YOU MAY HAVE AGAINST THE HEALTHCENTRAL PARTIES (INCLUDING BUT NOT LIMITED TO CLAIMS BASED UPON THE NEGLIGENCE OF ANY OF THE HEALTHCENTRAL PARTIES) FOR LOSSES OR DAMAGES YOU SUSTAIN IN CONNECTION WITH YOUR USE OF THE SITE. NOTWITHSTANDING THE FOREGOING PARAGRAPH, THE TOTAL LIABILITY OF THE HEALTHCENTRAL PARTIES, IF ANY, FOR LOSSES OR DAMAGES SHALL NOT EXCEED THE FEES PAID BY THE USER TO HEALTHCENTRAL FOR THE PARTICULAR INFORMATION OR SERVICE PROVIDED. IN NO EVENT SHALL ANY OF THE HEALTHCENTRAL PARTIES BE LIABLE TO YOU FOR ANY LOSSES OR DAMAGES OTHER THAN THE AMOUNT REFERRED TO ABOVE. NONE OF THE HEALTHCENTRAL PARTIES WILL BE LIABLE OR HAVE ANY RESPONSIBILITY OF ANY KIND FOR ANY LOSS OR DAMAGE THAT YOU INCUR IN THE EVENT OF ANY FAILURE OR INTERRUPTION OF THIS SITE, OR RESULTING FROM THE ACT OR OMISSION OF ANY OTHER PARTY INVOLVED IN MAKING THIS SITE OR THE DATA CONTAINED THEREIN AVAILABLE TO YOU. CERTAIN OF THE LIMITATIONS AND EXCLUSIONS SET FORTH IN THIS SECTION MAY NOT BE PERMITTED UNDER THE LAWS OF SOME STATES AND THEREFORE MAY NOT APPLY TO YOU. IF ANY PART OF THIS LIMITATION DOES NOT APPLY TO YOU, FOR ANY REASON, THEN UNDER THOSE CIRCUMSTANCES, THE AGGREGATE LIABILITY OF THE HEALTHCENTRAL PARTIES SHALL NOT EXCEED ONE HUNDRED ($100) DOLLARS IN THE AGGREGATE.
17. Third Party Rights. The provisions of paragraphs 14 (Indemnification) and 15 (Waiver, Release and Limitation of Liability) are for the benefit of the HealthCentral Parties. Each of the HealthCentral Parties shall have the right to assert and enforce those provisions directly against you on its own behalf.
18. User Representations. You represent and warrant that you are at least 13 years of age and that you possess the legal right and ability to enter into this Agreement and to use the Site in accordance with this Agreement. You agree to be financially responsible for your use of the Site (as well as for use of your Account by others (whether authorized or unauthorized), including use by any minors living with you) and to comply with your responsibilities and obligations as stated in this Agreement.
19. Miscellaneous. This Agreement shall be governed by and construed in accordance with the laws of the Commonwealth of Virginia, without regarding provisions relating to conflicts of law. You agree that any legal action or proceeding between HealthCentral and you for any purpose concerning this Agreement or the parties' obligations under this Agreement shall be brought exclusively in a court of competent jurisdiction sitting in Arlington County, Virginia, United States, and by accessing the Site you consent to the personal jurisdiction of any state or federal court located in Arlington County, Virginia. Any cause of action or claim you may have with respect to the Site and/or this Agreement must be commenced within one (1) year after the claim or cause of action arises. This Agreement constitutes the entire Agreement between HealthCentral and you with respect to your access and use of the Site. Any failure by us to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of that or any other provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Agreement.
20. Termination, Assignment. We may terminate your Account at any time without notice to you. We may assign our rights and duties under this Agreement to any party at any time without notice to you. You may not assign this Agreement to anyone else.
21. Severability. The provisions of this Agreement are severable, and in the event any provision hereof is determined to be invalid or unenforceable, such invalidity or unenforceability shall not in any way affect the validity or enforceability of the remaining provisions.
(Effective Date: May 19, 2011)
2. The Information We Collect and How We Use It
A. Information Supplied by Visitors
B. Other Information We Collect
3. Use of Your Contact Information and Other Information by Other Websites in the Network
4. Our Disclosure of Your Contact Information and Other Information
A. Business Transfers
C. Other Disclosures
5. Updating Our Records
6. External Links
7. Data Collected in Connection with Ad Serving
8. Public Postings
11. Third Party Personal Data
12. Other Terms and Conditions
13. Contacting the Site
2. The Information We Collect and How We Use It
The information we collect falls into two categories: (1) information voluntarily supplied by users of the Site when they register with the Site, respond to Mood24/7 text messages, post comments, respond to surveys or questionnaires, enter promotional contests, make entries in treatment diaries, make use of an assessment tool, and the like; and (2) tracking information gathered as visitors navigate through our Site and review our text messages and other email messages. Third parties featured on or linked to by our Site, such as advertisers of products and services offered through the Site, may be gathering information, as well, through processes we don’t control.
A. Information Supplied by Visitors: You are welcome to visit the Site without registering to view articles and other content. However, to participate in the Mood 247 service, you must register. When you register, we may ask you to provide certain contact information, such as your name, email address, postal address, and cellular telephone number (collectively, “Contact Information”). We may request similar Contact Information when you participate in a survey or poll, respond to a questionnaire or quiz, or sign up for any of the other services available on the Site. By completing the registration process on the Site, you establish an account with us (an "Account") and you represent that the information you provide in the registration process is accurate and current. Once you provide us Contact Information, you are no longer anonymous to us. We may use your Contact Information to contact you, for example, when we send you an email newsletter, a direct mail advertisement or offer, a treatment reminder, or an alert that you’ve requested. When you register for and participate in the Mood 247 service as a user, you will receive and respond to daily text messages. Your responses to these messages (the “Response Data”) will be stored on the Site and associated with your Account so that you may view them when you log in to the Site. As set forth in our User Agreement, you may grant other individuals (“Viewers”) the right to view your Response Data on the Site by following the instructions when you register. Please be very careful in choosing to whom you give Viewer rights as they will be able to see your Response Data (but not modify it in any way). You do not have to give anyone Viewer rights and should only do so if you trust that person with your Response Data. You may terminate a Viewer’s right to view your Response Data at any time by clicking on your Trusted Circle tab on the Site and deleting them from your list of authorized Viewers. Subject to Section 5, we will not disclose your Response Data in personally identifiable form to third parties, without your prior written consent. Notwithstanding the foregoing, we may disclose aggregate, anonymized Response Data to third parties without your consent for research or other purposes. When you register with our Site, sign up for a service, or otherwise interact with the Site, we may ask you to provide demographic information (such as your ZIP code, age, gender, and income level), health-related information (such as height, weight, age, gender, family characteristics, health-related interests, treatment experience, prescription drug information, etc., as well as information about the kinds of healthcare providers you’ve consulted and how your health services are paid for), and other information relating to your use of the Site (such as a username and password). We may use the demographic and health-related information you provide to improve our Site and the services we offer and to tailor the advertising displayed on our Site to the interests of individual users to increase the likelihood that our users will find these ads useful and informative. We may also share this information with third parties, solely on an anonymous, aggregate basis, to establish for the value of our audience. We may associate any demographic or health-related information you voluntarily provide with your Contact Information so that we can send you email messages about products or services that we believe may be of interest to you, provided that you have not previously opted-out of receiving such messages. Our advertisers and other sponsors may ask us to display offer forms on the Site on their behalf. These forms are labeled as advertisements or identify the advertiser or other sponsor that is making the offer and may ask you to provide Contact Information, demographic information, health-related information, and other information. As will be apparent from the web page on which the form is displayed, we submit the information you provide on such forms directly to the advertiser or other sponsor identified on the form and we retain a copy of such information only for as long as is necessary to establish to the satisfaction of the advertiser or sponsor the value we have provided.
3. Data Collected in Connection with Ad Serving:
5. Our Disclosure of Your Contact Information and Other Information:
A. Business Transfers: As we develop our business, we might sell or buy businesses or assets. In the event of a corporate sale, merger, reorganization, dissolution or similar event, Contact Information, Response Data and other information that we have associated with Contact Information may be part of the transferred assets.
B. Vendors: HealthCentral, like many businesses, sometimes contracts with other companies to perform certain business-related functions. For example, we may use third party companies to provide email and direct mail services, database research and maintenance, payment processing, and other services. If you have registered with the Site, we may share your Contact Information, Response Data and other information that we have associated with your Contact Information, as necessary or desirable for the third party to provide such services for us. Those third parties have contractually committed not to disclose any such information or use any such information for any other purpose.
6. Updating Your Records / Terminating Your Account: If your Contact Information changes, if you wish to terminate your Account, you may correct, update, or terminate your Account by logging onto the Site and clicking the “Account Settings” tab in the upper righthand corner of any page and following the instructions. Alternatively, you may email us at email@example.com.
7. External Links: To provide users with greater value, we may provide links to various third party websites. However, we do not control the privacy practices or the content of the sites to which we link, nor can we guarantee the products or services you may obtain through such sites. These links to third party websites are provided only for your convenience, and as such, you access them at your own risk. That said, we are always seeking to improve our Site and would appreciate any comments you might have on any website to which we link. Please email us at firstname.lastname@example.org.
8. Public Postings: If you post information to any area of the Site that may be accessed by other users (such as information you place in your user profile, post in a comment on a blog, message board, or chatroom, or include in a SharePost), bear in mind that such information can be viewed by anyone with an Internet connection. Please think carefully before disclosing Contact Information or any personal information in any of these public areas. Such information is not private; HealthCentral is free to reproduce, use, disclose, and distribute such information to others without limitation or attribution. Any information you disclose may be used by third parties we don’t control. For example, if you disclose your Contact Information in any of these public areas, it may be used by third parties to send you unsolicited advertisements or other messages. We are not responsible for any information you choose to submit in these forums.
9. Security: Information we gather on our website is stored within HealthCentral-controlled databases (or databases hosted on our behalf) on servers maintained in protected environments. However, no physical or electronic security system is impenetrable. We cannot guarantee the security of our servers or databases, nor can we guarantee that information you supply won’t be intercepted while being transmitted to us by text message or over the Internet.
10. Choice/Opt-Out: We provide you the opportunity to “opt out” of having your personally identifiable information used for certain purposes, when we ask for this information. For example, when you register for the Site, if you do not wish to receive any promotional material from the Site, you can opt-out on our registration page. You can opt out of receiving commercial email messages from us by following the opt-out instructions contained in each commercial email message you receive from us or by emailing us at email@example.com. Opt-out requests are generally processed within five business days. Please be aware that even if you opt out of receiving promotional messages from HealthCentral, you may continue to receive the occasional messages we send to registered users concerning the Site. The only way to opt out of receiving such relationship messages is to terminate your Account.
11. Third Party Personal Data: At times, we may ask you for Contact Information relating to third parties. For example, if you ask us to email content to a friend using our “Email This Page to a Friend” tool, we’ll ask you for your friend’s email address. HealthCentral stores this information for the purpose of emailing the content you’ve asked us to send. Your friend may contact us at firstname.lastname@example.org to request that we remove this information from our database.
The HealthCentral Network, Inc.
2300 Wilson Boulevard
Arlington, Virginia 22201
If you have questions or concerns regarding this statement, you should first contact us at email@example.com or 703-302-1040.
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