Terms and Conditions of Use

Welcome to (the “EVP”) operated by HealthiNation, a New York-based company (hereinafter, "HealthiNation", "us", “our” or "we"), through partnering with other companies, provides you with the opportunity to view our health-related video information (or “Content”). This agreement (the “Agreement”) sets forth the Terms and Conditions that governs your use of our Content.

Please read the Agreement carefully. By accessing our Content you acknowledge that you have read, understood and agreed to be bound by the Terms and Conditions set forth in the Agreement. If you do not wish to be bound by this Agreement, you are not authorized to view our Content.

HealthiNation reserves the right to modify this Agreement at any time, and you agree that all such changes shall be effective and binding upon you upon being posted to our website or our partner’s website(s.) You agree to review the Agreement periodically to be aware of any such modifications.

1. MEDICAL DISCLAIMER.
YOU ACKNOWLEDGE AND AGREE THAT ALL TEXT, DATA, IMAGES, GRAPHICS, PHOTOGRAPHS, AUDIO, VIDEO, SOFTWARE, INFORMATION, PROGRAMS, ARTICLES, STORIES, MESSAGES, AND OTHER INFORMATION THAT COMPRISES THE OUR CONTENT (COLLECTIVELY, “CONTENT”) IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT INTENDED TO CONSTITUTE (I) MEDICAL ADVICE OR COUNSELING, (II) THE PRACTICE OF MEDICINE IN ANY SUBSPECIALITY AREA, (III) THE PROVISION OF HEALTH CARE DIAGNOSIS OR TREATMENT, OR (IV) THE CREATION OF A PHYSICIAN-PATIENT OR CLINICAL RELATIONSHIP BY HEALTHINATION. YOU ACKNOWLEDGE AND AGREE THAT CONTENT SHOULD BE USED ONLY IN CONJUNCTION WITH THE GUIDANCE AND CARE OF YOUR PHYSICIAN. FURTHER, IF YOU HAVE ANY QUESTIONS OR WISH TO SEEK ADVICE REGARDING A MEDICAL CONDITION OR ANY OTHER MATTER RELATED TO YOUR HEALTH OR GENERAL WELL-BEING, YOU WILL CONSULT WITH YOUR PHYSICIAN. SPEAK TO YOUR DOCTOR IMMEDIATELY IF YOU BELIEVE YOU HAVE A MEDICAL CONDITION. DO NOT PUT OFF GETTING MEDICAL ADVICE, OR IGNORE MEDICAL ADVICE THAT YOU HAVE RECEIVED BECAUSE OF ANY INFORMATION YOU MAY SEE OR HEAR IN OUR CONTENT. HEALTHINATION DOES NOT RECOMMEND ANY SPECIFIC TREATMENT, OR GUARANTEE THE ACCURACY, COMPLETENESS, OR RELIABILITY OF ANY CONTENT. ANY ACTION YOU MAY TAKE AS A RESULT OF ANY CONTENT IS TAKEN AT YOUR OWN RISK, AND HEALTHINATION DISCLAIMS ANY LIABILITY ARISING OUT OF SUCH ACTION.

2. Copyright
All Content is the property of HealthiNation or its licensors and is protected by U.S. and/or international copyright laws. The collection, arrangement and assembly of all HealthiNation Content is the exclusive property of HealthiNation and protected by U.S. and/or international copyright laws. We grant you permission to electronically copy and print copies of portions of the Content for personal use only. Any other use, including the reproduction, modification, distribution, transmission, republication, display or performance of the Content is strictly prohibited. If you use HealthiNation Content contrary as set forth in this Agreement, you may be liable for infringement, misappropriation or other causes of action to the fullest extent of the law.

3. Trademarks
All trademarks, logos, service marks and trade names are proprietary to HealthiNation or third parties who have granted HealthiNation the right or license to use such intellectual property. HealthiNation does not grant, by implication or otherwise, any license or right to use any trademark, service mark, trade name or logo displayed on its Content or Content player or platform without the prior written consent of HealthiNation.

4. Links to Other Websites
HealthiNation Content may appear in the context of other websites or alongside links to other websites. Because we have no control over such websites, HealthiNation shall not be responsible for the availability of such websites and shall not be liable, directly or indirectly, for any content including without limitation any advertising, goods or services, or other materials on or available from such websites, or for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content. Any such links are provided solely for your convenience, and HealthiNation does not endorse or otherwise recommend such websites or the products or services they offer or make any representation as to the accuracy or nature of the material supplied by such websites. All such websites shall be subject to the policies and procedures of the owner of such websites.

5. DISCLAIMER OF WARRANTIES.

5.1 - YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE EVP IS AT YOUR SOLE RISK. HEALTHINATION DOES NOT ASSUME ANY RESPONSIBILITY FOR HOW YOU USE THE CONTENT PROVIDED THROUGH THE EVP, AND MAKES NO PROMISES, GUARANTEES, PREDICTIONS OF SUCCESS OR ANY CLAIMS TO SPECIAL EXPERIENCE, INSIGHT, OR EXPERTISE IN PROVIDING ANY SUCH CONTENT. NO CONTENT SHALL CREATE ANY EXPRESS OR IMPLIED WARRANTY. HEALTHINATION SHALL HAVE NO LIABILITY, OBLIGATION OR RESPONSIBILITY TO ANY PERSON OR ENTITY FOR ANY LOSS, DAMAGE, OR ADVERSE CONSEQUENCE ALLEGED TO HAVE HAPPENED DIRECTLY OR INDIRECTLY AS A CONSEQUENCE OF USING THE EVP. SPECIFICALLY, HEALTHINATION DISCLAIMS ANY IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR ANY PARTICULAR PURPOSE REGARDING THE EVP.

5.2 - HEALTHINATION DOES NOT MAKE ANY GUARANTY OF THE ACCURACY, CORRECTNESS OR COMPLETENESS OF ANY CONTENT APPEARING ON THE EVP AND IS NOT RESPONSIBLE FOR (I) ANY ERRORS OR OMISSIONS ARISING FROM THE USE OF ANY CONTENT THEREOF, (II) ANY FAILURES, DELAYS OR INTERRUPTIONS IN THE DELIVERY OF ANY CONTENT CONTAINED THEREIN, (III) LOSSES OR DAMAGES ARISING FROM THE USE OF THE CONTENT APPEARING ON THE EVP, OR (IV) ANY PRODUCTS OR SERVICES PROVIDED THROUGH OR IN CONJUNCTION WITH THE EVP. ANY SUCH PRODUCTS OR SERVICES PROVIDED AS PART OF THE EVP ARE ACQUIRED BY YOU “AS IS” AND “WHERE IS”. NEITHER HEALTHINATION NOR ANY THIRD-PARTY PROVIDER OF INFORMATION GUARANTEES THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY CONTENT. FURTHERMORE, HEALTHINATION NEITHER ENDORSES NOR IS RESPONSIBLE FOR THE ACCURACY AND RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT MADE ON THE EVP, AND THE FACT THAT A BUSINESS OR PARTICULAR SERVICE IS OR IS NOT DESCRIBED ON THE EVP IS NOT AN ENDORSEMENT OR LACK OF ENDORSEMENT OF ITS QUALITY OF SERVICE. HEALTHINATION ASSUMES NO RESPONSIBILITY FOR ANY RESOURCES LISTED ON THE EVP.

5.3 - HEALTHINATION DOES NOT GUARANTEE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO THE EVP, AND OPERATION OF THE EVP MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE OF THE CONTROL OF HEALTHINATION. YOU AGREE TO HOLD HEALTHINATION HARMLESS FOR ANY COMPUTER VIRUSES OR OTHER HARMFUL SOFTWARE THAT YOU MAY RECEIVE FROM ELECTRONIC MAIL SENT FROM US, AND YOU AGREE THAT IT IS YOUR SOLE RESPONSIBILITY TO SCAN ANY DOCUMENTS ATTACHED TO SUCH EMAILS. YOU EXPRESSLY AGREE THAT THE ENTIRE RISK ARISING OUT OF THE USE OR INABILITY TO USE THE EVP, AS TO THE QUALITY AND PERFORMANCE OF CONTENT CONTAINED THEREON, AS TO THE ACCURACY OR COMPLETENESS OF SUCH CONTENT, AND AS TO ELECTRONIC COMMUNICATION BETWEEEN YOU AND HEALTHINATION IS ASSUMED SOLELY BY YOU.

6. LIMITATION ON LIABILITY.
YOU ACKNOWLEDGE AND AGREE THAT IN NO EVENT WILL HEALTHINATION BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS ARISING FROM YOUR USE OF THE EVP, EVEN IF HEALTHINATION HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THE LIABILITY HEALTHINATION TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO ONE THOUSAND DOLLARS ($1,000).

7. Privacy.
The terms regulating the handling of personally identifiable and other information through the EVP are described in HealthiNation’s Privacy Policy located here.

8. Disputes; Venue.
If there is any dispute about or involving the EVP, you agree that the dispute will be governed by the internal laws of the State of New York without regard to its conflict of law provisions. You agree to personal jurisdiction by and venue in the state and federal courts of the State of New York, City of New York and to receive service of process through certified mail or by other means sanctioned by law, and you expressly waive any claim of improper venue and any claim that such courts are an inconvenient forum.

9. Notices.
Except as otherwise stated, any notice to us shall be given by certified mail to 35 East 21st Street, 6th Floor New York, NY 10010, or by e-mail to info@healthination.com, and any notice to you shall be given to the e-mail address that you provided us during the registration process. Notice shall be considered given 24 hours after e-mail is sent, unless the sending party is notified that the e-mail address is invalid. Notice given by postal mail shall be considered given three (3) days after the date of mailing.

10. Other.
The failure by HealthiNation to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision and does not waive our right to act with respect to subsequent or similar breaches. Any provision of this Agreement which, by its nature or express terms should survive, will survive the completion, expiration, termination or cancellation of this Agreement. This Agreement contains the entire agreement between you and HealthiNation regarding the use of the EVP. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. The section titles in this Agreement are for convenience only and have no legal or contractual effect.

Please contact us with any questions regarding this Agreement.