MyFutureHealth.com Terms of Use
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING
THIS WEBSITE. Access to and use of this website (the "website") is
provided by Future Health LLC. ("FUTUREHEALTH", "us" or "we")
subject to the following terms (this "Agreement"):
1. ACCEPTANCE OF TERMS: If for any reason you do not agree with all of
the terms and conditions contained in this Agreement, including this
website's Privacy Policy, please discontinue using the website
immediately. By using this website, you agree to be legally bound by
all of the terms of this Agreement. We reserve the right to change the
terms of this Agreement or to change, modify or otherwise alter any
features of this website at any time and for any purpose without
notice. You should visit this page regularly and review this Agreement
for the current terms of this Agreement, since your continued access or
use of the website will be deemed as an irrevocable acceptance of any
such changes, modifications or alterations. Areas of this website
within the proprietary online service offered by FUTUREHEALTH may be
subject to additional terms and conditions, which you should read
carefully before making any use of those areas. Any such terms will not
vary or replace the terms of this Agreement regarding any use of this
website, unless otherwise expressly stated.
2. REPRESENTATIONS: By using this website you represent and warrant
that you are a resident of the U.S., that you are a legal adult, that
you meet all other eligibility and residency requirements, and that you
are fully able and legally competent to enter into the terms,
conditions, obligations, affirmations, representations, and warranties
set forth in this Agreement and to abide by and comply with these terms
and conditions.
3. REGISTRATION: In accessing this website or certain of the resources
on the website, you may be asked to provide registration details
including a valid e-mail address, date of birth and your full name. It
is a condition of use of this website that all the details you provide
will be correct, current, and complete. If FUTUREHEALTH believes the
details are not correct, current, or complete, we have the right to
refuse you access to the website or any of its resources.
4. COPYRIGHTS AND TRADEMARKS: This website and all materials
incorporated on this website (including, but not limited to text,
photographs, graphics, video and audio content) are protected by
copyrights, patents, trade secrets or other proprietary rights under
laws of the United States and other countries. Some of the characters,
logos or other images incorporated by FUTUREHEALTH on this website are
also protected as registered or unregistered trademarks, trade names
and/or service marks ("Trademarks") owned by FUTUREHEALTH. All other
trademarks are the property of their respective owners. Use of the
Trademarks of FUTUREHEALTH or of any other party is not authorized in
any manner other than as incorporated into this website.
5. INFRINGEMENT NOTICE: If you believe that any content appearing on
this website has been copied in a way that constitutes copyright
infringement under the laws of the U.S, please forward the following
information to the Copyright Agent named below:
a) Your name, address, telephone number, and email address;
b) A description of the copyrighted work that you claim has been
infringed;
c) The exact URL or a description of where the alleged infringing
material is located;
d) A statement by you that you have a good faith belief that the
disputed use is not authorized by the copyright owner, its agent, or
the law;
e) An electronic or physical signature of the person authorized to act
on behalf of the owner of the copyright interest; and
f) A statement by you, made under penalty of perjury, that the above
information in your notice is accurate and that you are the copyright
owner or authorized to act on the copyright owner's behalf.
Future Health, LLC.
2073 Roosevelt Ave.
SPringfield, MA 01104
Attn: Legal Department
E-Mail: info@Myfuturehealth.com
Please note that while FUTUREHEALTH seeks to preserve any and all
exemptions from liability that may be available under the copyright
law, this is not a stipulation that FUTUREHEALTH is a service provider
as defined in 17 USC section 512c or elsewhere in the law.
6. RESTRICTIONS ON USE OF MATERIALS:
(a) You may not copy, reproduce, distribute, publish, enter into a
database, display, perform, modify, create derivative works, transmit,
or in any way exploit any part of this website, except that you may
access and display material and all other content displayed on this
website for non-commercial, personal, entertainment use on a single
computer only. Without limiting the generality of the foregoing, you
may not distribute any part of this website over any network, including
a local area network, nor sell or offer it for sale. In addition, these
files may not be used to construct any kind of database. Any
authorization to copy material granted by FUTUREHEALTH in any part of
this website for any reason is restricted to making a single copy for
non-commercial, personal, entertainment use on a single computer only,
and is subject to your keeping intact all copyright and other
proprietary notices. Using any material on any other website or
networked computer environment is prohibited. Also, decompiling,
reverse engineering, disassembling, or otherwise reducing the code used
in any software on this website into a readable form in order to
examine the construction of such software and/or to copy or create
other products based (in whole or in part) on such software, is
prohibited.
(b) FUTUREHEALTH respects the intellectual property rights of others
and asks users of this website to do the same.
7. DISCLAIMER OF WARRANTIES:
YOUR USE OF THIS WEBSITE IS AT YOUR OWN RISK. THIS WEBSITE AND ALL THE
MATERIALS, INFORMATION, SOFTWARE, FACILITIES, SERVICES AND OTHER
CONTENT IN THIS WEBSITE ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT
WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST
EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, FUTUREHEALTH DISCLAIMS
ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO,
IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE
AND NON-INFRINGEMENT. FUTUREHEALTH DOES NOT WARRANT THAT THE FUNCTIONS
CONTAINED IN THIS WEBSITE WILL BE AVAILABLE, UNINTERRUPTED OR
ERROR-FREE, THAT DEFECTS WILL BE CORRECTED OR THAT FUTUREHEALTH"S
WEBSITES OR THE SERVERS THAT MAKE THEM AVAILABLE ARE FREE OF VIRUSES OR
OTHER HARMFUL COMPONENTS. FUTUREHEALTH DOES NOT WARRANT OR MAKE ANY
REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE
MATERIAL, INFORMATION, SOFTWARE, FACILITIES, SERVICES OR OTHER CONTENT
IN THIS WEBSITE OR ANY SITES LINKED TO THIS WEBSITE IN TERMS OF THEIR
CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. FUTUREHEALTH MAKES
NO WARRANTIES THAT YOUR USE OF THE MATERIALS, INFORMATION, SOFTWARE,
FACILITIES, SERVICE OR OTHER CONTENT IN THIS WEBSITE WILL NOT INFRINGE
THE RIGHTS OF OTHERS AND FUTUREHEALTH ASSUMES NO LIABILITY OR
RESPONSIBILITY FOR ERRORS OR OMMISSIONS IN SUCH MATERIALS, INFORMATION,
SOFTWARE, FACILITIES, SERVICE OR OTHER CONTENT OF THIS WEBSITE. IF
APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE ABOVE
IMPLIED WARRANTIES TO APPLY TO YOU, THE ABOVE EXCLUSIONS WILL APPLY TO
YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.
8. LIMITATION OF LIABILITY:
FUTUREHEALTH DOES NOT ACCEPT ANY LIABILITY FOR ANY LOSS OR DAMAGE
(DIRECT, INDIRECT, PUNATIVE, ACTUAL, CONSEQUENTIAL, INCIDENTAL,
SPECIAL, EXEMPLARY OR OTHERWISE) RESULTING FROM ANY USE OF, OR
INABILITY TO USE, THIS WEBSITE OR THE MATERIAL, INFORMATION, SOFTWARE,
FACILITIES, SERVICES OR OTHER CONTENT ON THIS WEBSITE, REGARDLESS OF
THE BASIS UPON WHICH LIABILITY IS CLAIMED AND EVEN IF FUTUREHEALTH HAS
BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. WITHOUT
LIMITATION, YOU (AND NOT FUTUREHEALTH) ASSUME THE ENTIRE COST OF ALL
NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY SUCH LOSS
OR DAMAGE ARISING. IF APPLICABLE LAW DOES NOT ALLOW ALL OR ANY PART OF
THE ABOVE LIMITATION OF LIABILITY TO APPLY TO YOU, THE LIMITATIONS WILL
APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.
9. SUBMISSIONS AND POSTINGS:
(a) FUTUREHEALTH does not accept unsolicited submissions of concepts,
creative ideas, suggestions, stories, or other potential content. This
is to avoid the possibility of future misunderstanding when projects
developed by FUTUREHEALTH staff or representatives might seem to
others to be similar to the submitted concepts, creative ideas,
suggestions, stories or other potential content. Therefore, please do
not send FUTUREHEALTH any unsolicited submissions.
(b) From time to time, areas on this website may expressly request
submissions of concepts, creative ideas, suggestions, stories, or other
potential content from you ("Invited Submissions"). Where this is the
case, please carefully read any specific rules or other terms and
conditions which appear elsewhere on this website to govern the Invited
Submissions ("Additional Terms"), since they will affect your legal
rights. If no Additional Terms govern the Invited Submissions, then
this Agreement will apply in full to any Invited Submissions you make.
Please also be aware that any Invited Submissions you may make will not
be acknowledged and does not create a fiduciary or other special
relationship between you and FUTUREHEALTH, or any of its affiliates or
any of its licensees, successors or assigns or place FUTUREHEALTH or
any of its affiliates, licensees, successors or assigns in a position
that is any different from the position held by members of the general
public. You acknowledge and agree that neither FUTUREHEALTH nor any of
its licensees, successors or assigns has now, or shall have in the
future, any duty or liability, direct or indirect, vicarious,
contributory or otherwise, with respect to the infringement or
protection of any copyright in and to your Invited Submissions, and
that FUTUREHEALTH and its licensees, successors or assigns are not
responsible for the loss, deletion, failure to store or misdelivery of
any Invited Submissions.
(c) To the extent that use of the website provides you or other users
an opportunity to post and exchange information, content, ideas and
opinions ("Postings"), be advised that FUTUREHEALTH does not screen,
edit, or review Postings prior to their appearance on the website or
elsewhere, and Postings do not necessarily reflect the views of FUTURE
HEALTH. To the fullest extent permitted by applicable laws, FUTURE
HEALTH excludes all responsibility and liability for the Postings or
for any losses or expenses resulting from their use and/or appearance
on the website or elsewhere. You hereby represent and warrant that you
have all necessary rights in and to all Postings you provide and all
material, content and information they contain and that such Postings
shall not infringe any proprietary right, intellectual property right
or other rights of third parties.
(d) In any event, no material you send to us will be treated as
confidential.
10. RULES OF CONDUCT:
(a) Please act responsibly when using this website. You may only use
this website and its contents for lawful purposes and in accordance
with applicable law and you are prohibited from storing, distributing
or transmitting any unlawful material through this website. You may not
collect or store personal information regarding other users. You
recognize that storing, distributing or transmitting unlawful material
could expose you to criminal and/or civil liability. You agree that if
a third party claims that material you have contributed to the website
is unlawful, you will bear the burden of establishing that it is
lawful. You understand and agree that all materials publicly posted
(other than by FUTUREHEALTH) or privately transmitted on or through
this website are the sole responsibility of the sender, not FUTURE
HEALTH, and that you are responsible for all material you upload, post
or otherwise transmit to or through this website.
(b) FUTUREHEALTH requires that you do not submit any Invited
Submissions or Postings or otherwise make available on this website any
content, or act in a way, which in our opinion:
(i) libels, defames, invades privacy, stalks, is obscene, pornographic,
racist, abusive, harassing, threatening or offensive;
(ii) seeks to exploit or harm children by exposing them to
inappropriate content, asking for personally identifiable details or
otherwise;
(iii) infringes any intellectual property or other right of any entity
or person, including violating anyone's copyrights or trademarks or
their rights of publicity;
(iv) violates any law or may be considered to violate any law;
(v) you do not have the right to transmit under any contractual or
other relationship (e.g., inside information, proprietary or
confidential information received in the context of an employment or a
non-disclosure agreement);
(vi) advocates or promotes illegal activity;
(vii) impersonates or misrepresents your connection to any other entity
or person or otherwise manipulates headers or identifiers to disguise
the origin of the content;
(viii) advertises any commercial endeavor (e.g., offering for sale
products or services) or otherwise engages in any commercial activity
(e.g., conducting raffles or contests, displaying sponsorship banners,
and/or soliciting goods or services) except as specifically authorized
on this website;
(ix) solicits funds, advertisers or sponsors;
(x) includes programs which contain viruses, worms and/or "Trojan
horses" or any other computer code, files or programs designed to
interrupt, destroy or limit the functionality of any computer software
or hardware or telecommunications;
(xi) disrupts the normal flow of dialogue, causes a screen to scroll
faster than other users are able to type, or otherwise act in a way
which affects the ability of other people to engage in real time
activities via the website;
(xii) copies any other pages or images on this website except with
appropriate authority;
(xiii) includes MP3 format files;
(xiv) amounts to a "pyramid" or similar scheme;
(xv) amounts to "data warehousing" (i.e., using any web space made
available to you as storage for large files which are only linked from
other sites). You must provide a reasonable amount of content to
accompany such material in order that at least some of the traffic to
your site comes directly via us;
(xvi) disobeys any policy or regulations established from time to time
regarding use of this website or any networks connected to this
website; or
(xvii) contains links to other sites that contain the kind of content,
which falls within the descriptions set out at (i) to (xvi) above.
(c) In addition, unless otherwise permitted by FUTUREHEALTH, you are
prohibited from removing any sponsorship banners, similar promotional
displays and inserts or other material inserted by FUTUREHEALTH
anywhere on this website (e.g., on any web space made available for
your use).
11. USE OF SUBMITTED CONTENT:
(a) FUTUREHEALTH will consider anything you provide to FUTUREHEALTH
and/or contribute to this website as available for our use free of any
obligations to you, except where we have expressly solicited Invited
Submissions and those submissions are expressly governed by additional
terms appearing elsewhere on this website (see "Submissions and
Postings" above), in which event those Additional Terms will determine
how we will treat your Invited Submissions.
(b) Subject to the provisions of any additional terms, by posting or
uploading any content to this website and/or providing any
communication or material to FUTUREHEALTH ("User Content"), you
automatically and irrevocably:
(i) grant and assign to FUTUREHEALTH any and all rights in the User
Content throughout the world including, without limitation, all
copyright, together with all consents (if any) necessary to enable its
reproduction, distribution, modification, publishing and/or other
exploitation by FUTUREHEALTH and/or by any person authorized by FUTURE
HEALTH, by any means and in all media now known or hereafter devised,
in whole or in part, without payment or other reference to you or any
other person, and to advertise and promote such exploitation, for the
full period of all such rights (together with any extensions and
renewals) and insofar as possible in perpetuity;
(ii) waive all moral rights in the User Content which may be available
to you in any part of the world and confirm that no such rights have
been asserted;
(iii) appoint FUTUREHEALTH as your agent with full power to enter into
any document and/or do any act FUTUREHEALTH may consider appropriate
to confirm the grant and assignment, consent and waiver set out above;
(iv) warrant that you are the owner of the User Content and entitled to
enter into this Agreement; and
(v) confirm that no such User Content will be subject to any
obligation, of confidence or otherwise, to you or any other person and
that FUTUREHEALTH shall not be liable for any use or disclosure of
such User Content.
12. MODERATION/MONITORING: FUTUREHEALTH shall have the right, but not
the obligation, to monitor any Invited Submissions, Postings or other
material on Myfuturehealth.com. FUTUREHEALTH shall have the right in
its sole discretion to edit, refuse to post or remove any material
submitted or posted to Myfuturehealth.com. Without limiting the
foregoing, FUTUREHEALTH shall have the right to remove any material
that FUTUREHEALTH, in its sole discretion, finds to be in violation of
this Agreement or otherwise objectionable.
13. DEACTIVATION/TERMINATION OF YOUR REGISTRATION: You may deactivate
your registration on the website, at any time and for any reason, by
sending an email request to siteadmin@Myfuturehealth.com. We may
terminate your use of and registration on the website, at any time and
for any reason, with or without cause, without prior notice to you and
without any liability or further obligation of any kind whatsoever to
you or any other party.
14. HYPERLINKS TO AND FROM THIRD PARTY SITES: (a) This website may link
you to other sites on the "Internet". These sites may contain
information or material that some people may find inappropriate or
offensive. These other sites are not under the control of FUTURE
HEALTH, and you acknowledge that (whether or not such sites are
affiliated in any way with FUTUREHEALTH) FUTUREHEALTH is not
responsible for the accuracy, copyright compliance, legality, decency,
or any other aspect of the content of such sites. The inclusion of such
a link does not imply endorsement of any site by FUTUREHEALTH or any
association with its operators.
(b) FUTUREHEALTH cannot ensure that you will be satisfied with any
products or services that you purchase from any third-party site that
links to or from FUTUREHEALTH since other shop channels are owned and
operated by independent retailers. FUTUREHEALTH does not endorse any
of the merchandise, nor has FUTUREHEALTH taken any steps to confirm
the accuracy or reliability of any of the information contained in such
third-party sites. FUTUREHEALTH does not make any representations or
warranties as to the security of any information (including, without
limitation, credit card and other personal information) you might be
requested to give any third party, and you irrevocably waive any claim
against us with respect to such sites. We strongly encourage you to
make whatever investigation you feel necessary or appropriate before
proceeding with any online transaction with any of these third parties.
(c) Any area of this website that is accessed through any third party
proprietary online service is subject to the rules, policies and
guidelines of such third party proprietary online service.
15. SYSTEM ABUSE:
(a) You may not reproduce, sell, resell or otherwise exploit any
resource, or access to any resource, contained on this website.
(b) You are prohibited from using any services or facilities provided
in connection with this website to compromise security or tamper with
system resources and/or accounts. The use or distribution of tools
designed for compromising security (e.g. password guessing programs,
cracking tools or network probing tools) are strictly prohibited.
16. INVESTIGATIONS: FUTUREHEALTH reserves the right to investigate
suspected violations of this Agreement, including, without limitation,
any violation arising from any Invited Submission, Posting or e-mails
you make or send to the website. FUTUREHEALTH may seek to gather
information from the user who is suspected of violating the terms of
this Agreement, and from any other user. FUTUREHEALTH may suspend any
users whose conduct or postings are under investigation and may remove
such material from its servers as it deems appropriate and without
notice. If FUTUREHEALTH believes, in its sole discretion, that a
violation of these terms of this Agreement has occurred, it may edit or
modify any Invited Submission, Posting or e-mails, remove the material
permanently, cancel postings, warn users, suspend users and passwords,
terminate accounts or take other corrective action it deems
appropriate. FUTUREHEALTH may provide personally identifiable
information in response to legal process, for example, in response to a
court order or a subpoena. We also may disclose such information in
response to a law enforcement agency's request. BY ACCEPTING THIS
AGREEMENT YOU WAIVE AND HOLD HARMLESS FUTUREHEALTH FROM ANY CLAIMS
RESULTING FROM ANY ACTION TAKEN BY FUTUREHEALTH DURING OR AS A RESULT
OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF
INVESTIGATIONS BY EITHER FUTUREHEALTH OR LAW ENFORCEMENT AUTHORITIES.
17. LOCAL REGULATIONS: This website is intended for viewing solely in
the U.S. FUTUREHEALTH makes no representation that materials or other
content in the website are appropriate or available for use outside the
U.S. If you choose to access the website from other locations you do so
on your own initiative and at your own risk. You are responsible for
complying with local laws, if and to the extent local laws are
applicable. You specifically agree to comply with all applicable laws
concerning the transmission of technical data exported from the U.S or
the country you reside in.
18. INDEMNITY: You agree to indemnify and hold harmless FUTUREHEALTH,
its directors, officers, shareholders, parents, subsidiaries,
affiliates, agents, and licensors, from and against all losses,
expenses, damages and costs, including reasonable attorneys" fees,
resulting from your breach of any of the foregoing provisions,
representations or warranties, and/or from your placement or
transmission of any content onto the website's servers, and/or from any
and all use of your account in violation of this Agreement or the
failure to fulfill any obligations relating to your account incurred by
you or any other person using your account. We reserve the right to
take over the exclusive defense of any claim for which we are entitled
to indemnification under this Section. In such event, you shall provide
us with such cooperation as is reasonably requested by us.
19. APPLICABLE LAW AND JURISDICTIONAL MATTERS: This Agreement shall be
governed by, construed and enforced in accordance with the laws of the
State of New York, as they are applied to agreements entered into and
to be performed entirely within New York. Any action you, any third
party or FUTUREHEALTH may bring to enforce this Agreement or, in
connection with any matters related to the website shall be brought
only in either the State or Federal Courts located in New York, New
York, and you expressly consent to the jurisdiction of said courts.
20. SEVERABILITY: If any provision of this Agreement shall be unlawful,
void, or for any reason unenforceable, then that provision shall be
deemed severable for this agreement and shall not affect the validity
and enforceability of any remaining provisions. This is the entire
agreement between the parties relating to the matters contained herein.
IF YOU DO NOT AGREE TO BE LEGALLY BOUND BY ALL OF THE FOREGOING TERMS
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