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Terms and Conditions

Terms and Conditions of Use

Healism.com (HMT) does NOT provide medical advice.

Healism.com (HMT) does NOT provide medical advice. The text, images, graphics, and information contained on HMT’s site (“Content”) are for informational and research purposes only. The Content is not designed to be a substitute or proxy for professional diagnoses, treatments, or medical advice. Visitors should always consult licensed physicians, dentists, and other qualified health providers with any queries related to medical conditions, treatments, and diagnoses. Do not ignore professional medical advice or delay/hurry treatment based on something you have read on HMT’s site.

Additionally, HMT does not endorse any specific tests, products, procedures, opinions, or recommendations that may be mentioned on the site. Reliance on any information provided by HMT, HMT affiliates, HMT employees, HMT contributors, or HMT partners is solely at your own risk. The Content may contain material that is sexually explicit or culturally insensitive. If you find such materials offensive, you may not want to use the site.


Privacy Policy for Minors

HMT is deeply committed to protecting the rights and privacy of minors. This site is not designed to attract children under the age of 18. HMT does not collect personal information from visitors known to be under the age of 18.


Terms and Conditions of Content and Information

HMT authorizes the use of its Content only with express, written permission. Any text, images, information, or graphics downloaded for personal or commercial use is a breach of these Terms & Conditions, and may violate copyright protection and trademark laws both in the United States and abroad.  HMT makes no claims that the HMT Site and its Content are appropriate or may be downloaded outside of the United States.  Access to the Content may not be legal by certain persons or in certain countries.  If you access the HMT Site from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.

Content, information, and features are subject to change or terminate without notice at the discretion of HMT.  All rights not expressly granted herein are reserved by HMT and its licensors.  Any deliberate or accidental violation of these Terms & Conditions will result in the early termination of any Content or licensing agreements.  You will be expected to destroy any existing copies you have made, in addition to paying any damages that might be the result of lost revenue, page rank, or visibility.


Liability of HMT and Its Affiliates

The use of HMT’s site and Content is at your own risk.  When using HMT’s site, information and data may be transmitted over a medium that is beyond the direct control of HMT, its partners, or its suppliers. As such, HMT assumes zero liability relating to the corruption, failure, interruption, or delay of any data or information that is connected to the use of HMT’s site.

HMT’s site and Content are provided on an “as is” basis. HMT, ITS LICENSORS, SUPPLIERS, PARTNERS, AND AFFILIATES, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES' RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE.

Without limiting the foregoing, HMT, its licensors, its affiliates, its partners, and its suppliers make no representations or warranties about the accuracy, completeness, reliability, or timeliness of the Content, graphics, links, software, images, or communications provided on or through the use of HMT or its site.

In no event shall HMT, its licensors, its suppliers, or any third parties mentioned on HMT’s site be liable for any damages (including, without limitation, incidental and consequential damages, personal injury/wrongful death, lost profits, or damages resulting from lost data or business interruption) resulting from the use of or inability to use HMT’s Site, Content, or Subscription Services (as defined below) whether based on warranty, contract, tort, or any other legal theory, and regardless of whether HMT, its licensors, its suppliers, or any third parties mentioned on the HMT Site are advised of the possibility of such damages.  Any claims arising in connection with your use of the Site, any Content, or the Public Areas must be brought within one (1) month of the date of the event giving rise to such action occurred, and remedies under these Terms and Conditions are exclusive and are limited to those expressly provided for in these Terms and Conditions.  HMT, its licensors, its suppliers, or any third parties mentioned on the HMT Site shall be liable only to the extent of actual damages incurred by you, not to exceed U.S. $1.00 (one dollar).  HMT, ITS LICENSORS, ITS SUPPLIERS, OR ANY THIRD PARTIES MENTIONED ON THE HMT SITE ARE NOT LIABLE FOR ANY PERSONAL INJURY, INCLUDING DEATH, CAUSED BY YOUR USE OR MISUSE OF THE SITE, CONTENT, OR PUBLIC AREAS (as defined below).


User Submission and Personal Information in Public Areas

You agree that you will not upload or transmit any communications or content of any type to the Public Areas (including, but not limited to Forums and Blogs) that infringe upon or violate the rights of any party.  In submitting any communication or content to the Public Areas, you agree that such submissions are non-confidential for all purposes.  Any personal information you submit to HMT or to any of HMT's Public Areas is governed by the HMT Privacy Policy. To the extent there is an inconsistency between this Agreement and the HMT Privacy Policy, this Agreement shall take precedence.

In making a submission, you agree further that you will not transmit to HMT by email or mail, (including any email address listed on any HMT page) any communication or content that infringes upon or violates the rights of any party.  If you submit any business information, innovation, idea, or invention to HMT by email, you agree that such a submission is non-confidential for all purposes.  Furthermore, if you make any submission to a Public Area or if you submit any business information, innovation, idea, or invention to HMT by email, you automatically grant or warrant that the owner of such content or intellectual property has expressly granted HMT a royalty-free, perpetual, irrevocable, worldwide, nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, and display the communication or content in any media or medium, or any form, format, or forum now known or hereafter developed.  HMT may sublicense its rights through multiple tiers of sublicenses.  If you seek to keep any business information, ideas, concepts, or inventions confidential or proprietary, do not submit them to the Public Areas on the HMT site or to HMT by email.  We try to answer every email in a timely manner, but are not always able to do so.

If you use a Public Area, such as a chat room, bulletin board, forum, or other member communities, you are solely responsible for your own communications, the consequences of posting those communications, and your reliance on any communications found in the Public Areas.  HMT and its licensors are not responsible for the consequences of any communications in the Public Areas.  In cases in which you feel threatened or believe that someone else is in danger, you should contact your local law enforcement agency immediately.  If you think you may have a medical emergency, call your doctor or 911 immediately.

In consideration of the permission granted to use the Public Areas, you agree that the following actions shall constitute a material breach of these Terms and Conditions and may result in the termination of your account and its associated privileges:

  • Using a Public Area for any purpose in violation of local, state, national, or international laws;    Posting material that infringes on the intellectual property rights of others or on the privacy or publicity rights of others;
  • Posting material that is unlawful, obscene, defamatory, threatening, harassing, abusive, slanderous, hateful, or embarrassing to any other person or entity as determined at its sole discretion by HMT or one of its designated agents;
  • Posting advertisements or solicitations of business;
  • After receiving a warning, continuing to disrupt the normal flow of dialogue, or posting comments that are not related to the topic being discussed;
  • Posting chain letters or pyramid schemes;
  • Impersonating another person, medical authority, or entity;
  • Distributing viruses or other harmful computer code;
  • Harvesting or otherwise collecting information about others, including email addresses and any other personally identifiable information;
  • Allowing any other person or entity to use your identification for posting or viewing comments;
  • Posting the same note more than once or "spamming"; or
  • Engaging in any other conduct that restricts or inhibits any other person from using or enjoying the HMT Public Area or the Site in general, or which, in the judgment of HMT, exposes HMT or any of its customers or suppliers to any liability or detriment of any type.

 

Regarding the Public Areas of the site, HMT reserves the right to do any or all of the following, although HMT is not obligated to perform any of the following actions:

  • Record the dialogue in public chat rooms, forums, or any other Public Areas;
  • Investigate an allegation that a communication does not conform to the Terms of this section and determine in its sole discretion to remove or request the removal of the communication;
  • Remove communications which are abusive, illegal, or disruptive, or that otherwise fail to conform with these Terms and Conditions;
  • Terminate a user's access to any or all Public Areas and/or the HMT Site upon any breach of these Terms and Conditions;
  • Monitor, edit, or disclose any communication in the Public Areas; or
  • Edit or delete any communication posted on the HMT Site at our sole discretion, regardless of whether such communication specifically violate these standards.


HMT or its licensors have no liability or responsibility to users of the HMT Site or any other person or entity for performance or nonperformance of the aforementioned activities.


Passwords

You are responsible for taking reasonable steps to ensure that no unauthorized persons shall have access to your HMT passwords or accounts.  It is solely your responsibility to control the dissemination and use of activation codes and passwords; authorize, monitor, and control access to and use of your HMT account and password; and promptly inform HMT of the need to deactivate or reset a password.  You grant HMT and all other persons or entities involved in the operation of the HMT Site the right to transmit, monitor, retrieve, store, and use your information in connection with the operation of the Site.  HMT cannot and does not assume any responsibility or liability for any information you submit, or your or any third parties' use or misuse of information transmitted or received using HMT tools and services.


HMT Subscription Services

If you choose to subscribe to one of HMT's Subscription Services (including but not limited to our Newsletter and RSS Feeds), the following additional terms and conditions will apply depending on which service you choose.  You should be aware that the HMT Subscription Services are not intended or designed to attract children under the age of 18.  These services do not collect any personally identifiable information from any person we know to be a child under the age of 18.  You agree to use the Subscription Services at your own risk and you, along with your primary healthcare provider, are personally responsible for verifying its suitability for your needs.


Advertisements, Searches, and External Links

HMT may provide links to third-party web sites, select certain sites in response to search terms you enter, and/or agree to allow advertisers to respond to certain search terms with advertisements or sponsored content.  Nevertheless, HMT does not recommend and does not endorse the content on any third-party websites.  HMT is not responsible for the content of linked third-party sites, sites framed within the HMT Site, third-party sites provided as search results, or third-party advertisements, and does not make any representations regarding their content or accuracy.  Your use of third-party websites is at your own risk and subject to the terms and conditions of use for such sites.  HMT does not endorse any product advertised on the HMT Site.


Jurisdiction

You expressly agree that exclusive jurisdiction for any dispute with HMT, or in any way relating to your use of the HMT Site, resides in the courts of the State of New York.  You further agree and expressly consent to the exercise of personal jurisdiction in the courts of the State of New York in connection with any such dispute including any claim involving HMT or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers, and content providers.

These Terms and Conditions are governed by the internal substantive laws of the State of New York, without respect to its conflict of laws principles.  If any provision of these Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect.  No waiver of any of these Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or any other term or condition.


Notice and Takedown Procedures, and Copyright Agent

If you believe any materials accessible on or from the Site infringe your copyright, you may request removal of those materials (or access thereto) from this web site by contacting HMT and providing the following information:

  • Identification of the material that you believe to be infringing and its location. Please describe the material, and provide us with its URL or any other pertinent information that will allow us to locate the material.
  • Your name, address, telephone number, and e-mail address.
  • A statement that you have a good faith belief that the use of the materials is not authorized by the copyright owner, its agent, or the law.
  • A statement that the information that you have supplied is accurate, and indicating that "under penalty of perjury," you are the copyright owner or are authorized to act on the copyright owner's behalf.
  • A signature or the electronic equivalent from the copyright holder or authorized representative.


In an effort to protect the rights of copyright owners, HMT maintains a policy for the termination of HMT subscribers and account holders in appropriate circumstances.

Complete Agreement

Except as expressly provided in a particular "legal notice" on the HMT Site, these Terms and Conditions and the HMT Privacy Policy constitute the entire agreement between you and HMT with respect to the use of the HMT Site and Content.  Thank you for your cooperation. We hope you find the HMT Site helpful and convenient to use.  Questions or comments regarding this website, including any reports of non-functioning links, should be submitted using our Contact Us Form (http://www.healism.com/contact__us/).  We try to answer every email in a timely manner but due to volume, we may not always be able to do so.