Terms of service

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.

3. 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.

4. 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.

5. 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®.

6. 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.

7. 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.

8. 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.

9. 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.
10. 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.

11. 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.

12. 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.

14. 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:

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

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.
15. 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.

16. 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.