HealthTrekker Terms of Use

INTRODUCTION

Use of the Healthtrekker.net website is governed by the terms and conditions of this Agreement. Please read this Agreement carefully before accessing or using the site.

DEFINITIONS

Throughout this Agreement, the publishers, editors and authors of the Healthtrekker.net website are referred to as “we”, “us”, or “Healthtrekker”. The terms “site” and “website” may be used interchangeably. The term “content” refers to all text, articles, titles, headings, images, links and other elements added to the site and all social media channels by the publishers, editors and authors of the Healthtrekker.net website, and any non-Healthtrekker personnel who share or otherwise transmit any of that media. The term “user” means each person who establishes or accesses a connection for access to and use of the Healthtrekker.net website. The term “public areas” refers to the areas of the site such as comment areas and message boards where visitors may post comments, links, other information, or otherwise express their opinions via the Healthtrekker.net website. The term “comment spam” refers to users employing comment areas or message boards to post advertisements for products, services, or solicitations of business.

TARGET USERS

The Healthtrekker.net website is primarily designed for use by informed, intelligent, health enthusiasts seeking information and entertainment. Healthtrekker encourages all internet users to be extremely careful when using medical information.

ACCEPTANCE & CHANGED TERMS

By accessing and using this site you signify your assent to, and to be bound by, these Terms of Use which constitute an Agreement between Healthtrekker and you. If you do not agree to all of these Terms of Use, you may not use this site!

We reserve the right, at our sole discretion, to modify this Agreement, or any part thereof, or to impose new conditions at any time without prior notice. Any modifications made to this Agreement will be effective immediately upon posting on the site. Your continued usage of the Healthtrekker.net website after such change(s) will mean you accept all those changes, modifications, or additions.

USER WARRANTY

All site users represent and warrant that they are at least 18 years of age and that they possess the legal right and ability to agree to these Terms of Use and to use this site in accordance with these Terms of Use.

THIS SITE DOES NOT PROVIDE MEDICAL ADVICE

The contents of the Healthtrekker.net website, such as text, graphics, images, information obtained from Healthtrekker’s licensors, third parties, outside sources, and other material contained on the Healthtrekker.net website (content) are for informational and entertainment purposes only. The content is not intended to be a substitute for professional medical advice, diagnosis, recommendation, treatment, or prescription.

Always seek the advice of your physician or other properly qualified health provider with any questions you may have regarding existing or suspected medical condition(s), lifestyle changes, changes in exercise and activity level, or change(s) in the use of any type of medication or any supplements; even so-called “natural” supplements. Never disregard professional medical advice or delay in seeking it because of something you have read on the Healthtrekker.net website!

If you think you may have a medical emergency, call your doctor or 911 immediately. Healthtrekker does not recommend or endorse any specific tests, physicians, products, procedures, opinions, or other information that may be mentioned on the site. Reliance on any information provided by Healthtrekker, Healthtrekker employees, others appearing on the site at the invitation of Healthtrekker, or other visitors to the site is solely and completely at your own risk.

CONTENT

Content and features are subject to change or termination without notice in the sole editorial discretion of Healthtrekker. All rights not expressly granted herein are reserved to Healthtrekker and its licensors.

If you violate any of these Terms of Use, your permission to use the content automatically terminates and you must immediately destroy any copies you have made of any portion of the content.

LIABILITY OF Healthtrekker AND ITS LICENSORS

The use of the Healthtrekker.net website and the content is at your own risk.

When using the Healthtrekker.net website, information will be transmitted over a medium that may be beyond the control and jurisdiction of Healthtrekker and its suppliers. Accordingly, Healthtrekker assumes no liability for or relating to the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Healthtrekker.net website.

The Healthtrekker.net website and the content are provided on an “as is” and “as available” basis. Healthtrekker, ITS LICENSORS, AND ITS SUPPLIERS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, WRITTEN OR ORAL, 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, Healthtrekker, its licensors, and its suppliers make no representations or warranties about the following:
1. The accuracy, reliability, completeness, currentness, or timeliness of the content, software, text, graphics, links, or communications provided on or through the use of the Healthtrekker.net website.
2. The satisfaction of any government regulations requiring disclosure of information on prescription drug products or the approval or compliance of any software tools with regard to the content contained on the Healthtrekker.net website.
In no event shall Healthtrekker, its licensors, its suppliers, or any third parties mentioned on the Healthtrekker.net website 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 the Healthtrekker.net website or the content, whether based on warranty, contract, tort, or any other legal theory, and whether or not Healthtrekker, its licensors, its suppliers, or any third parties mentioned on the Healthtrekker.net website are advised of the possibility of such damages. Healthtrekker, its licensors, its suppliers, or any third parties mentioned on the Healthtrekker.net website shall be liable only to the extent of actual damages incurred by you, not to exceed U.S. $1000. Healthtrekker, its licensors, its suppliers, or any third parties mentioned on the Healthtrekker.net website are not liable for any personal injury, including death, caused by your use or misuse of the site, content, or public areas. Any claims arising in connection with your use of the site, any content, or the public areas must be brought within one (1) year of the date of the event giving rise to such action occurred. Remedies under these Terms of Use are exclusive and are limited to those expressly provided for in these Terms of Use.

USER SUBMISSIONS

You agree that you will not upload or transmit any communications or content of any type to the public areas (including comment areas, message boards, etc.) that infringe or violate any rights of any party. By submitting communications or content to the public areas, you agree that such submission is non-confidential for all purposes.

If you make any such submission, you agree that you will not send or transmit to Healthtrekker by email, (including through the email forms on the “Contact” page) any communication or content that infringes or violates any rights of any party. If you submit any business information, idea, concept or invention to Healthtrekker by email, you agree such submission is non-confidential for all purposes.

If you make any submission to a public area or if you submit any business information, idea, concept or invention to Healthtrekker by email, you automatically grant—or warrant that the owner of such content or intellectual property has expressly granted—Healthtrekker a royalty-free, perpetual, irrevocable, world-wide 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. Healthtrekker may sublicense its rights through multiple tiers of sublicenses. If you wish to keep any business information, ideas, concepts or inventions private or proprietary, do not submit them to the public areas or to Healthtrekker by email. We try to answer email in a timely manner, but are not always able to do so.

PASSWORDS

The Healthtrekker.net website may have tools that allow you to record and store information. You are responsible for taking all reasonable steps to ensure that no unauthorized person shall have access to your Healthtrekker passwords or accounts. It is your sole responsibility to:
1. Control the dissemination and use of activation codes and passwords;
2. Authorize, monitor, and control access to and use of your Healthtrekker account and password;
3. Promptly inform Healthtrekker of any need to deactivate a password.
You grant Healthtrekker and all other persons or entities involved in the operation of the Healthtrekker.net website the right to transmit, monitor, retrieve, store, and use your information in connection with the operation of the site. Healthtrekker cannot and does not assume any responsibility or liability for any information you submit, or your or third parties’ use or misuse of information transmitted or received using the Healthtrekker.net website.

PUBLIC AREAS

If you use a public area, such as a comment area or bulletin board, you are solely and completely responsible for your own communications, the consequences of posting those communications, and your reliance on any communications found in the public areas. Healthtrekker and its licensors are not responsible for the consequences of any communications in the public areas. In cases where you feel threatened or believe 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 being allowed to use the public areas, you agree that the following actions shall constitute a material breach of these Terms of Use:
1. Using a public area for any purpose in violation of international, national, state, city or local laws;
2. Posting material that infringes on the intellectual property rights of others or on the privacy or publicity rights of others;
3. Posting material that is unlawful, obscene, defamatory, threatening, harassing, abusive, slanderous, hateful, or embarrassing to any other person or entity as determined by Healthtrekker in its sole discretion;
4. Posting advertisements or solicitations of business or “comment spam”;
5. After receiving a warning, continuing to disrupt the normal flow of dialogue, or posting comments that are not related to the topic being discussed (unless it is clear the discussion is free-form);
6. Posting chain letters or pyramid schemes;
7. Impersonating another person;
8. Distributing viruses or other harmful computer code;
9. Harvesting or otherwise collecting information about others, including email addresses, without their identification for posting or viewing comments; consent;
10. Allowing any other person or entity to use your identification for posting or viewing comments
11. Posting the same note more than once or “spamming”; or
12. Engaging in any other conduct that restricts or inhibits any other person from using or enjoying the public area or the site, or which, in the judgment of Healthtrekker, exposes Healthtrekker or any of its customers or suppliers to any liability or detriment of any type.
Healthtrekker reserves the right (but is not obligated) to do any or all of the following:
1. Record the dialogue in public areas.
2. Investigate an allegation that a communication(s) do(es) not conform to the terms of this section and determine in its sole discretion to remove or request the removal of the communication(s).
3. Remove communications which are abusive, illegal, or disruptive, or that otherwise fail to conform with these Terms of Use.
4. Terminate a user’s access to any or all public areas and/or the Healthtrekker.net website upon any breach of these Terms of Use.
5. Monitor, edit, or disclose any communication in the public areas.
6. Edit or delete any communication(s) posted on the Healthtrekker.net website, regardless of whether such communication(s) violate these standards.
Healthtrekker or its licensors have no liability or responsibility to users of the Healthtrekker.net website or any other person or entity for performance or nonperformance of the aforementioned activities

TERMINATION OF SERVICES

If you violate these Terms of Use, your use of this site will terminate. Either Healthtrekker or user may terminate this Agreement at any time. Without limiting the foregoing, Healthtrekker shall have the right to immediately terminate user’s account, if existing, in the event of any conduct by user which Healthtrekker, in its sole discretion, considers to be unacceptable, or in the event of any breach by user of this Agreement.

We may or may not notify you that you have breached the Agreement. We may terminate your access to this site, or any portion thereof, or discontinue providing the site, or any portion thereof. We also may remove any and all information you have placed on our site.

These actions are in addition to, and not in lieu or limitation of, any other right or remedy we may have available at law. We may take any legal action we consider appropriate. If your violation of this agreement causes harm to others, you agree to hold Healthtrekker harmless against any liability for that harm. Further, we shall not be liable to you or any third party for any such termination or discontinuance.

Our failure to act with respect to a breach by you or others of these Terms of Use does not waive our right to act with respect to subsequent or similar breaches.

LINKS TO OTHER SITES, SEARCHES AND ADVERTISEMENTS

Healthtrekker may provide links to third-party web sites. Healthtrekker also may select certain sites as priority responses to search terms you enter and Healthtrekker may agree to allow advertisers to respond to certain search terms with advertisements or sponsored content. Healthtrekker does not recommend and does not endorse the content on any third-party websites. Healthtrekker is not responsible for the content of linked third-party sites, sites framed within the Healthtrekker.net website, 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. Healthtrekker does not warrant, guarantee or endorse any product or service advertised on the Healthtrekker.net website.

The opinions expressed by advertisers do not reflect those of the authors of this website. The companies who advertise on the Healthtrekker.net website are solely and completely responsible for all the claims they make.

Advertising space on this site is sold through an advertising network that is not owned or run by Healthtrekker. Advertisers are not screened or reviewed before being allowed to advertise on the Healthtrekker.net website. Their products, services and claims are not reviewed or verified in any way before, during, or after their placement on this website.

Advertisers on the Healthtrekker.net website do not influence in any respect, the content that is or is not posted to the site by us, or any weblog entries that are written by us.

INDEMNITY

You agree to defend, indemnify, and hold Healthtrekker, its officers, directors, employees, agents, licensors, and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of these Terms of Use.

GENERAL

Healthtrekker is based in the United States of America. Healthtrekker makes no claims that any of the content is 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 Healthtrekker.net website from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.

SEVERABILITY

These Terms of Use are governed by the internal substantive laws of the State of New Jersey, without respect to its conflict of laws principles. If any provision of these Terms of Use 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 of Use, which shall remain in full force and effect. Invalid provisions shall be limited or eliminated to the minimum extent necessary (one does not cancel all). No waiver of any of these Terms of Use shall be deemed a further or continuing waiver of such term or condition or any other term or condition.

JURISDICTION

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

COMPLETE AGREEMENT

These Terms of Use and Agreement and any operating rules for the Healthtrekker.net website established by Healthtrekker constitute the entire agreement between you and us with respect to the Healthtrekker.net website and content. These Terms of Use and Agreement supersede all previous written or oral agreements between the parties with respect to such subject matter. This Agreement may not be modified, in whole or in part, except as described elsewhere in this Agreement. Anything contained on the service inconsistent with or conflicting with the terms of this Agreement is superseded by the terms of this Agreement.