Terms of Use

Introduction

This website is owned and operated by HealthiVibe, LLC ("HealthiVibe"). These Terms of Use and our Privacy Policy set out the agreement between HealthiVibe and you relating to your use of the website, whether as a casual visitor or as a registered user. These Terms of Use govern your access to the products, services, information and other materials available on our website.

Acceptance of Terms of Use

By accessing the website and viewing or using the products, services, information or other material available on it, you agree to abide by these Terms of Use.

No Practice of Medicine

You understand and agree that HealthiVibe is not engaged in the practice of medicine, either through this website or in any other manner. You agree that this website is not a substitute for medical advice, diagnosis or treatment. The website and the products, services, information and other materials are provided solely for the purpose of information and are provided "AS IS." YOU SHOULD NOT RELY ON THE INFORMATION PROVIDED ON THIS SITE AS A SUBSTITUTE FOR MEDICAL ADVICE, DIAGNOSIS OR TREATMENT. YOU AGREE THAT HEALTHIVIBE HAS NO RESPONSIBILITY TO PROVIDE MEDICAL ADVICE TO YOU. WE DO NOT RECOMMEND OR ENDORSE ANY CLINICAL TRIALS, STUDIES, TREATMENTS, TESTS, PROCEDURES, PHYSCIANS, PRODUCTS OR SERVICES THAT MAY APPEAR ON THE WEBSITE OR THROUGH LINKS ON THE WEBSITE.

We have no control over any clinical trial or treatment described on the website and are not responsible for the accuracy of information about any clinical trial or treatment described on the website. You understand and agree that we are not liable for cancelled or unavailable clinical trials or treatment or your inability to participate. You understand and agree that we have no liability for any consequences resulting from your participation or failure to participate in a clinical trial or treatment.

Acceptable Use

You may not use the website in violation of any applicable law. As examples, and not as a limitation, use of the website is subject to the following conditions:

  • You may not use the website in a way that causes damage to the website or impairment of the availability or accessibility of the website or in any way which is illegal, fraudulent or unlawful or for an illegal, fraudulent or unlawful purpose.
  • You may not use the website to copy, store, host, transmit, send, use, publish or distribute any material which consists of, or is linked to, any spyware, Trojan horse, computer virus, worm or other form of malicious software.
  • You may not use the website in any way that interferes with or circumvents any security feature of the website or violates the security of the website.
  • You may not conduct any systematic or automated data collection activities on or in relation to our website without our express written agreement.
  • You may not copy, duplicate, sell or trade any of the products, services, information or other material that you access on our website. Except with our express written agreement, you may not use the website for marketing, research or other commercial purpose.
  • You may not edit or otherwise modify any material on the website.

If you are required to register in order to obtain certain products, services or other information, you agree that any information you provide will always be accurate and up to date. You are responsible for maintaining the confidentiality of any login information associated with your account.

Intellectual Property

All intellectual property rights in and to the website are owned by HealthiVibe or its licensors. These rights include database rights, copyright, trademark and design rights (whether registered or not), patents and other similar rights, wherever existing. Other trademarks, service marks, logos and company or product names are the property of their respective owners. Unless otherwise stated, we do not endorse and are not affiliated with any of the holders of such rights and do not grant any license to exercise such rights. You do not acquire any ownership interest in our intellectual property or that of third parties by accessing the website or downloading material.

You may view, download for caching purposes and print pages from the website for your personal use, subject to the restrictions set forth under Acceptable Use.

Third Party Websites

Our website includes hyperlinks to other websites owned by third parties. HealthiVibe does not recommend or endorse these third party websites. We have no control over the content of third party websites and accept no responsibility for them or for any loss or damage that may arise from your use of these third party websites.

Limitation of Warranties

WE PROVIDE THE WEBSITE ON AN "AS IS" BASIS AND GRANT NO WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED WITH RESPECT TO ANY COMMUNICATION WITH A VISITOR TO THE WEBSITE. THIS MEANS THAT WE DO NOT REPRESENT OR WARRANT TO YOU THAT:

  • THE USE OF THE WEBSITE AND ACCESS TO THE PRODUCTS, SERVICES, INFORMATION AND OTHER MATERIAL WILL MEET YOUR NEEDS OR REQUIREMENTS
  • ACCESS TO THE WEBSITE WILL BE SECURE, UNINTERRUPTED, ALWAYS AVAILABLE OR ERROR-FREE
  • THE INFORMATION OBTAINED FROM THE WEBSITE WILL BE ACCURATE, RELIABLE, COMPLETE OR TIMELY
  • ANY DEFECTS IN THE WEBSITE OR ANY PRODUCTS, SERVICES, INFORMATION OR MATERIAL ACCESSED THROUGH THE WEBSITE WILL BE CORRECTED

Any content downloaded or otherwise obtained through the website is done at your own discretion and risk. You are solely responsible for any damage to your computer or other devices for any loss of data that may result from the download of such content.

Limitation of Liability

HEALTHIVIBE WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTIAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, WHETHER FORESEEABLE OR NOT, ARISING OUT OF OR RESULTING FROM (i)YOUR USE OR INABILITY TO USE THIS WEBSITE OR (ii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA. THIS LIMITATION APLIES EVEN IF YOU ARE NOT FULLY COMPENSATED FROM ANY LOSSES, OR IF WE KNEW OR SHOULD HAVE KNOWN ABOUT THE POSSIBLITY OF THE LOSSES.

Indemnity

You agree to indemnify and hold harmless HealthiVibe, its shareholders, directors, officers and employees, and any third parties providing content on the website, from any claim or demand, including reasonable attorneys' fees, made by third parties due to or arising out of your use of the website.

Breach of Terms of Use

In addition to any other rights available under applicable law, if you breach these terms of use, or HealthiVibe reasonably believes that you have breached these terms of use, we may:

  • Send you one or more warning by email
  • Block your access to the website on a temporary or permanent basis
  • Bring court proceedings against you for breach of contract
  • Report you to law enforcement authorities

Applicable Law and Dispute Resolution

These Terms of Use will be governed by and construed in accordance with the laws of the Commonwealth of Virginia. Any action to enforce these Terms of Use must be brought in the federal or state courts in and of Arlington County in the Commonwealth of Virginia. You agree to personal jurisdiction by and exclusive venue in the federal or state courts in and of Arlington County in the Commonwealth of Virginia with regard to any claims arising out of, or related to the website.

Modifications

HealthiVibe may modify these Terms of Use at any time. We will post the most recent version of at the end of these Terms of Use. Your continued access to the website and use of the products, services, information or other material available on it constitute your consent to any changes. We urge you to review these Terms of Use on a regular basis.

Assignment

HealthiVibe may assign its rights and obligations under these Terms of Use at any time without notice to you.

Severance of Provisions

If a particular provision of these Terms of Use is determined by a court of competent jurisdiction to be unenforceable, the other provisions will remain in full force and effect.

Contact Information

If you have any comments, questions or complaints about the website, please write to us at info@healthivibe.com.

Last revised: June 1, 2014