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:
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.