Terms and Conditions

HEALTHYFIX® PRIVACY POLICY and TERMS OF USE

 

Privacy Statement:

HealthyFix® ® is committed to protecting the privacy and confidential information of its customers on/within any HEALTHYFIX® website. This section of the privacy policy discloses the types of information collected, how that information is used to grant access to various portions of the website, and the restrictions on the dissemination of that information by HealthyFix®. Any changes to the privacy policy are effective upon posting to the website.

 

Types of Information Collected:
To ensure that only authorized persons have access to customer supplied information on any HEALTHYFIX® website, information is collected, and its access is limited, including:

  1. All active customers of HealthyFix® are granted access to the websites via the use of their personal login information.  Based on the customer’s profile, access is dynamically granted to the various parts of the websites.
  2. Customers requesting information from or through any other source not owned or controlled by HealthyFix®, which are accessed or referenced directly or indirectly through any HealthyFix® website, may knowingly or unknowingly provide information to the sponsors of those sites. The disclosure of that information will be subject to the privacy policies of those other sites, and not this privacy policy nor any agreement, express or implied, with HealthyFix®.
  3. Though we make every effort to preserve customer privacy, we may need to disclose personal information when required by law when we have a good-faith belief that such action is necessary to comply with a current judicial proceeding, a court order, or legal process.
  4. We may share aggregated demographic information with our affiliates and/or advertisers not linked to any personally identifiable information.

 

Who Has Access to Information:

  1. To access portions of any HealthyFix® website, a customer is required to give certain information to ensure that customer is authorized to access the information requested. The confidential portion of that information is accessible only by that customer and the support staff who administer HealthyFix® owned sites.  All staff customers are bound by HealthyFix® ’s confidentiality agreements and policies.
  2. To fulfill a customer’s request for information, that customer may consent, actively or passively, to have certain information sent to HealthyFix®, an affiliate, or a third-party vendor to allow an appropriate response with the information the customer requested.
  3. Customers may also belong to other organizations which are affiliated with HealthyFix®, with which we may share information on customers and use in order to grant a customer access to certain portions of any HEALTHYFIX® In addition, HealthyFix® may have contractual and other relationships with organizations in order to improve the features of, and information within, any HealthyFix® website. These third parties are not allowed to use personally identifiable information except for the purpose of providing those described items.
  4. If a customer’s personally identifiable information changes (such as zip code, phone, email or postal address), or if a customer no longer desires our service, we provide a way to correct, update or delete/deactivate customers’ personally identifiable information by contacting us using the means and addresses at the end of this privacy policy statement.

 

How We Collect Information:
In order to provide customers optimal access and features, HealthyFix® collects information in several ways, including:

  1. We request information from a customer ordering goods or services. A customer must provide contact information (such as name, email, and shipping address) and financial information (such as credit card number, expiration date). This information is used for billing purposes and to fill customer’s orders. If we have trouble processing an order, the information is used to contact the customer.
  2. Customers who post information to, and use information from, any HEALTHYFIX® website are each given a profile which tracks and records usage. This enables the website to verify that only appropriately authorized customers post and edit information. Profiles also allow the tracking of usage to assist in assuring customers that the information on the website is accurate and up to date.
  3. We store information that we collect through cookies, log files, clear gifs, and/or third parties to create a profile of our customers and customers. A profile is stored information that we keep on each individual customer and customer that detail their viewing and usage preferences. This profile is used to tailor a customer’s visit to any HEALTHYFIX® website.
  4. A cookie is a piece of data stored on the customer’s computer tied to information about the customer. We use both session ID cookies and persistent cookies. For the session ID cookie, once customers close the browser, the cookie simply terminates. A persistent cookie is a small text file stored on the customer’s hard drive for an extended period of time. Persistent cookies can be removed by following Internet browser help file directions but may cause portions of any HEALTHYFIX® Website to no longer be available to that customer.
  5. Like most standard web site servers, we use log files. This includes internet protocol (IP) addresses, browser type, internet service provider (ISP), referring/exit pages, platform type, date/time stamp, and number of clicks to analyze trends, administer the site, track customer’s movement in the aggregate, and gather broad demographic information for aggregate use. IP addresses are tied to personally identifiable information to enable our Web-based service. We may use a tracking utility that uses log files to analyze customer movement. This privacy statement covers the use of cookies by HealthyFix® only and does not cover the use of cookies by any advertisers or other affiliates.

 

HealthyFix® Websites may contain links to other sites.
Please be aware that we are not responsible for the privacy practices of such other sites. We encourage our customers to be aware when they leave our site and to read the privacy statements of each and every web site they visit which may collect personally identifiable information. This privacy statement applies solely to information collected by HealthyFix®; this privacy policy does not apply to other web sites a customer may access by or through a HealthyFix® website.

 

Informational Surveys: 
From time-to-time our site may request information from customers via surveys. Participation in these surveys is completely voluntary and the customer therefore has a choice whether or not to disclose requested information. Survey information may be used for purposes of monitoring or improving the use and satisfaction of this site. Though we may use an intermediary to conduct these surveys, they may not use customers’ personally identifiable information for any secondary purposes.

 

Data Security:
HealthyFix® takes every precaution to protect our customers’ and customers’ information. When customers submit sensitive information via the web site, their information is protected both online and off-line.

When our registration/order form asks customers to enter sensitive information (such as credit card number and/or social security number), that information is encrypted and is protected with the most commonly used encryption software in the industry – SSL.

While we use SSL encryption to protect sensitive information online, we also use precautions to protect customer-information off-line. All of our customers’ information, not just the sensitive information mentioned above, is restricted in our offices. Only employees who need the information to perform a specific job (for example, our billing clerk or a customer service representative) are granted access to personally identifiable information. All employees are kept up-to-date on our security and privacy practices. Any time new policies are added; our employees are notified and/or reminded about the importance we place on privacy, and what they can do to ensure our customers’ information is protected.

Privacy Issues with Links to Other Sites:

HEALTHYFIX® is not responsible for the availability of, or the business and privacy practices of, other Web sites which are linked or connected to our site(s). We provide these links to our visitors for information and service. We do not take responsibility for the contents, advertising, products or other materials made available through any other Web site nor for their data collection practices. We refer you to their Privacy Statements and Policies to learn how they collect and use information about you.

 

Privacy Statement Changes:
HEALTHYFIX® reserves the right to change or amend its Privacy Statement to address new issues of privacy and information security and to reflect changes to our Web site or business practices. Any new changes and/or amendments will be noted on our Home Page and will always be posted in this section of the HealthyFix® Web site. If we make material changes to this policy in how we use your personal information, we will notify you here, by email, or by means of a notice on our home page.

 

Questions about this Privacy Statement:
If you have any questions about this Privacy Statement or the practices of this Web site, you can send an e-mail to: corporate@HealthyFix.com.

 

HealthyFix® Terms and Conditions of Use (“Agreement”)
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS RELATING TO YOUR ACCESS AND USE OF WWW.HEALTHYFIX® .COM (the “Site”) CAREFULLY.

 

  1. Acceptance of Terms of Use.
    By using this Site with your personal login information, you agree to be bound to these Terms and Conditions of Use. HEALTHYFIX®, its subsidiaries, customers, business affiliates and suppliers (“we” “us” or “our”) make the information and services provided on this Site available to you, conditioned on your acceptance without modification of these terms, conditions and notices. We reserve the right to modify them at any time. You should check these Terms and Conditions periodically for changes. By using this Site after we post any changes to these Terms and Conditions you agree to accept those changes, whether or not you have reviewed them. If you choose not to accept these Terms and Conditions at any time, please do not use this Site.
  2. Scope of Terms and Conditions.

These Terms and Conditions apply to your use of this Site owned and operated by HEALTHYFIX®. These Terms and Conditions do not apply to your use of unaffiliated Sites to which our Site merely links.

 

  1. Links.
    These Terms and Conditions apply only to our Site and not to the web sites of any other companies, organizations or individuals including those to which our Site may link. We are not responsible for the availability of any other site to which our Site links. We do not take responsibility for the contents, advertising, products or other materials made available through other any site nor do we endorse the sites. Under no circumstances will we be held responsible or liable, directly or indirectly, for any loss or damage that is caused or alleged to have been caused to you in connection with your use or reliance on any content, goods or services available on any other site. Please direct your concerns to that site’s webmaster or appropriate contact.

 

  1. Proprietary Rights and Restrictions on Use: 
    You acknowledge that the information available through this Site may include textual, statistical, financial, photographic, video and audio components which are protected by United States Copyright Law. You acknowledge that this information is confidential, and its use is restricted to your own personal purposes and/or internal business purposes, and no other commercial purpose. You shall not reproduce, redistribute, publish, retransmit, broadcast, sell or license or allow anyone else to reproduce, redistribute, publish, display, retransmit, broadcast, sell or license any such information, except as agreed in writing between us. You agree to comply with any additional use restrictions which may be announced by HEALTHYFIX® at any time regarding specific information provided through

this Site.

 

  1. Copyright Ownership and Trademarks.

All rights, title and interest in this Site created by HEALTHYFIX® and in the ownership of the copyright therein, shall at all times remain vested in HEALTHYFIX®. HEALTHYFIX® shall have the right to license such compilations or portions thereof and any data contained therein to any entity pursuant to the terms agreed upon by HealthyFix® Board of Directors.  HealthyFix® is a registered trademark and any use of the name HealthyFix® without prior written permission from HealthyFix®  is strictly prohibited.   HealthyFix® also owns common law and/or registered trademark names for each of its manufactured products and the use of those names is also strictly prohibited without prior written permission from HealthyFix®.

 

  1. Restrictions on Use.
    You may not modify, publish, copy, transmit, reproduce, license, create derivative works from, adapt, transfer, sell or in any manner commercially exploit any and/or all information and content obtained from this Site. By using this Site you warrant to HEALTHYFIX® that you will not use this Site for any unlawful purpose or any prohibited use pursuant to these Terms and Conditions. Your violation of any of these prohibitions automatically terminates your right to use this Site and you are on notice that we intend to pursue our legal remedies for any violation.

 

  1. Security of Your HealthyFix® Site login information.


When you sign up for a HealthyFix® account on our Site you are required to choose a user name and password (“login information”).  It is your responsibility to maintain the confidentiality of your login information.  HealthyFix® shall not be responsible for any unauthorized use of your login information by persons with whom you have shared, voluntarily or involuntarily, that information.

 

  1. Liability Disclaimer.

                                         
You use this Site at your own risk. Your use of the data provided here is also used at your own risk. UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, WILL WE OR ANY OF OUR CUSTOMERS, AFFILIATES, SUBSCRIBERS, OR SUPPLIERS BE LIABLE FOR ANY SPECIAL OR CIRCUMSTANTIAL DAMAGES THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THIS SITE, INCLUDING, BUT NOT LIMITED TO, RELIANCE BY YOU ON ANY INFORMATION OBTAINED THROUGH USE OF THIS SITE OR THAT RESULT FROM MISTAKES, OMISSIONS, DELETIONS OR DELAYS IN TRANSMISSION OF SUCH INFORMATION, INTERRUPTIONS IN TELECOMMUNICATION OR INTERNET CONNECTION TO THIS SITE, VIRUSES OR FAILURES OF PERFORMANCE, WHETHER CAUSED IN WHOLE OR PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATION OR INTERNET FAILURE, THEFT OR DESTRUCTION OF, OR UNAUTHORIZED ACCESS TO THIS SITE OR RELATED INFORMATION, RECORDS OR PROGRAMS.

 

  1. Warranty Disclaimer.


You expressly understand and agree that this Site and the information available through this Site is provided on an “as is” “as available” basis. HEALTHYFIX® does not warrant that this Site will be uninterrupted or error-free, and HEALTHYFIX® makes no warranty as to the accuracy, completeness, authenticity, or reliability of any information available through the Site. HEALTHYFIX® expressly disclaims any and all warranties with respect to the Site and the information available through the Site, including but not limited to the implied warranties of merchantability and fitness for a particular purpose. This Site and the information available through this Site are always subject to change.

  1. Indemnification.


To the maximum extent allowed by law you shall indemnify and hold us and third-party information suppliers, harmless from any and all liability (including reasonable fees of attorneys and other professionals) arising from any claim or proceeding initiated by any third party against us, based upon;
(a) the inaccuracy of any information supplied by you concerning HealthyFix® ,
(b) any infringement upon, or unauthorized use, by you of copyright, trademark or other proprietary rights or information,
(c) any unauthorized use of the Site by you or your permittees, or
(d) infringement by you of any third party’s contract rights.

 

  1. Changes to the Site.


HEALTHYFIX® may make changes or improvements to the information, services, products or other materials on this Site at any time without notice.

 

  1. Confidentiality.

 

(a) You shall use the Site only for the purposes set forth in these Terms and Conditions, and you shall make no copies, extracts, digests or summaries for any other purpose, except in strict furtherance of the limited purposes stated herein. You shall maintain the source of the data contained in the Site as confidential information.
(b) You agree not to provide or otherwise make available any licensed program or material or access to the Site to any person without prior written consent from us.


(c) You acknowledge that the Site is proprietary to us, has been developed as a commercial trade secret at the expenditure of our time and money, and is furnished to you in trust. You agree that you will hold and use the Site in the same manner as you deal with your own proprietary information and trade secrets.
(d) You shall initiate strict security measures to prevent the accidental or otherwise unauthorized use or release of access to the Site, with particular respect to consumer information that is considered “sensitive”, namely: financial information and other customer profile information.


(e) Upon your violation of this paragraph, and without cause stated, we may exclude you from access to the Site and thereby terminate this agreement upon notification by us.

 

  1. Privacy.


We are committed to protecting privacy and security and have explained in detail what we do. We urge you to read our Privacy Policy. If you will use any information from this Site, or cause any information from this Site to be used, for your internal business purpose of marketing, your marketing efforts, solicitations, ad copy and/or other communications using or derived from the Site, shall:


  1. a) exclude any reference to information that is specific to any particular individual recipient of any such marketing communication and;

  2. b) comply with all applicable privacy, data security, best practices and all other laws, rules and regulations relevant to your business model, including but not limited to, the “Controlling the Assault of Non-Solicited Pornography and Marketing Act” (CAN-SPAM Act of 2003), the Final Rules promulgated by the Federal Trade Commission in furtherance of the Gramm Leach Bliley Act, the Telephone Consumer Protection Act of 1991, as amended, the Fair Credit Reporting Act, Federal Do-Not-Call laws, various State Do-Not-Call laws, and HealthyFix® ’s applicable privacy and information security policies.
  3. Jurisdictional Issues.

We operate and control our Site from our administrative office in Las Vegas, Nevada in the United States of America. We do not represent that materials on this Site are appropriate or available for use in other locations. Persons who access this Site from other locations do so on their own initiative and are responsible for compliance with local privacy, consumer protection and other laws, if and to the extent such local laws are applicable.

 

  1. Miscellaneous.


These Terms and Conditions will be governed by laws of the State of Nevada without regard to principles or conflicts of laws. You agree that any action at law or in equity that arises out of or relates to these Terms and Conditions will be subject to binding arbitration in accordance with the American Arbitration Association and will be arbitrated in Las Vegas, Nevada.


If any of these Terms and Conditions are found to be unlawful, void, or for any reason unenforceable, that provision will be considered severed from the remaining provisions and will not affect the validity or enforceability of the remaining provisions.


This Agreement may be modified only by our posting of changes to these Terms and Conditions. Any inquiries regarding these terms and conditions of use should be directed to corporate@HealthyFix.com.