Terms and Conditions
Last Updated: July 4, 2019
This website (HealthtalkDaily.com and all its sub-domains) is intended for viewing in the USA only. If you are in another country, local laws may not permit access to the medical information contained in this site.
TABLE OF CONTENTS
- Acceptance of Agreement
- Copyrights and Trademarks
- Permitted Uses and Limited License
- Editing, Deleting and Modification
- Third-Party Services
- Third-Party Merchant Policies
- Links to Other Websites
- Linking to the Site
- Infringement Policy
- Information and Press Releases
- Export Control and Other International Information
- Disclaimer and Limits
1. Acceptance of Agreement
For the purposes of this agreement, the terms ‘we’, ‘us’, ‘our’ and ‘HealthtalkDaily.com’ refer to Digihealth Network, Inc., its partners, affiliates and assigns. The terms ‘you’, ‘user’ and ‘end-user’ refer to ‘you’ as a user of this Site.
This Agreement constitutes the entire and only agreement between us and you, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Site, the content, products or services provided by or through the Site, and the subject matter of this Agreement.
This Agreement may be amended at any time by us, and without specific notice to you. The latest Agreement (with date of update) will be posted on the Site, and you should always review this Agreement prior to using the Site.
2. Copyrights and Trademarks
The content, organization, graphics, design, compilation and other matters related to the Site are protected under applicable U.S. and international copyright, trademark and other proprietary (including but not limited to intellectual property) laws. Products, company names, and content displayed on the Site may be the trademarks or copyrights of their respective owners. The copying, redistribution, use or publication of any such matters or any part of the Site, except as allowed by this Agreement, is strictly prohibited. The posting of information or materials on HealthtalkDaily.com does not constitute a waiver of any rights in such information and materials.
3. Permitted Uses and Limited License
You are granted a limited, personal, non-exclusive and non-commercial license to view, print or download content, graphics, forms or documents from HealthtalkDaily.com for your own personal use.
No page from this website may be copied, reproduced, republished, uploaded, posted, transmitted, framed, commercialized, distributed in any way, or incorporated into any other website or digital system. You may, however, download one copy of the viewed materials on any single computer or digital device (smartphone, tablet) for personal, non-commercial home use, provided that you keep intact all copyright and other proprietary notices. These downloaded materials may not, under any circumstances, be used for resale or redistribution. Modification or use of the materials for any purpose other than those states above is a violation of the content provider’s copyright and other proprietary rights. The use of any such material on any other is prohibited. All rights, title and interest in and to the materials on this site (including but not limited to all copyrights, trademarks, service marks, trade names and all derivative works) are owned or controlled by and shall remain at all time vested in HealthtalkDaily.com or its content providers.
No print or electronic version of any part of the Site or its contents may be used by you in any litigation or arbitration matter whatsoever, under any circumstances.
HealthtalkDaily.com, and all information contained therein, may not be used for any commercial purpose, commercial advantage or private monetary compensation.
4. Editing, Deleting and Modification
We reserve the right to edit or delete any document, information or other content appearing on the Site at any time without notice, and at our sole discretion.
If you send submissions (e.g., posts, reviews or blog comments) or creative suggestions (e.g. ideas, notes, drawings or concepts), or other information (collectively, the ‘Submissions’), the Submissions shall be deemed, and shall remain, the property of HealthtalkDaily.com. None of the Submissions shall be subject to any obligation of confidence on the part of HealthtalkDaily.com, and HealthtalkDaily.com shall not be liable for any use or disclosure of any Submissions. You hereby represent and warrant that you have all necessary rights in and to the Submissions that you provide and that all information they contain shall not infringe any proprietary or other rights of third parties, or contain any libelous, tortuous, or otherwise unlawful information. In addition, you warrant that all so-called moral rights of any Submissions you provide have been waived. Without limitation of the foregoing, HealthtalkDaily.com shall exclusively own all known or hereafter maintain existing rights to the Submissions, and shall be entitled to unrestricted use of the Submissions for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Submissions.
HealthtalkDaily.com does not endorse nor control the content of Submissions submitted by others to the Site. Submissions submitted to the Site are not necessarily reviewed by HealthtalkDaily.com prior to posting and do not necessarily reflect the opinions or policies of HealthtalkDaily.com.
HealthtalkDaily.com makes no warranties, express or implied, as to the content of the Submissions on the Site or the accuracy and reliability of any Submissions and other materials on the Site. Nonetheless, HealthtalkDaily.com reserves the right to prevent you from contributing Submissions to the Site and to edit, change or remove such Submissions for any reason whatsoever without prior notice.
In the event you would like to request the removal or modification of content submitted by you, please submit a request using our contact form. We will remove or anonymize any such information upon receipt of the request.
With the use of this site and its contents, you agree to defend, indemnify and hold harmless HealthtalkDaily.com, its affiliates and their respective directors, officers, employees and agents (collectively, “Affiliated Parties”) from and against any and all claims, actions, suits or proceedings, as well as any and all losses, liabilities, damages, costs and expenses (including reasonable attorneys’ fees and costs) arising out of or accruing from:
- any material posted or otherwise provided by you that infringes any copyright, trademark, trade secret, patent or other intellectual property right of any person or defames any person or violates their rights of publicity or privacy;
- any misrepresentation made by you in connection with your use of the Site;
- any non-compliance by you with the terms and conditions of this Agreement;
- claims regarding any liability, loss, claim and/or expense arising from or related to your access and use of the Site, including information obtained through the Site.
Notwithstanding the foregoing, HealthtalkDaily.com reserves the right to assume at its expense the exclusive defense and control of any matter subject to indemnification by you, in which event you will fully cooperate with HealthtalkDaily.com in asserting any available defenses.
7. Third-Party Services
We allow third-party merchant sites (“Merchants”), from which you may purchase certain goods or services, to advertise on HealthtalkDaily.com.
Through use of the Site, you understand that we do not operate or control the products or services offered by Merchants. Merchants are responsible for all aspects of order processing, fulfillment, billing and customer service.
We are not party to the transactions entered into between you and Merchants You agree that use of such merchants is at your sole risk and is without warranties of any kind by us: express, implied or otherwise, including warranties of title, fitness for a particular purpose, merchantability or noninfringement. Under no circumstances shall we be liable for any damages (direct or indirect) arising from any transactions between you and merchants or for any information appearing on merchant sites or any other site linked to our site. The inclusion of third-party advertisements on the Site does not imply any recommendation, approval, or endorsement by HealthtalkDaily.com of the quality of the goods/services being advertised or any other characteristics or qualities of the Merchant or its goods/services. You expressly agree not to rely on any claims made on this Site regarding the quality of the goods/services being advertised. To the extent desired, you shall perform all reasonable inquiries into the quality, sufficiency, legality, fitness, and ability of the Merchant goods/services to meet your needs. The Merchant has no power to bind HealthtalkDaily.com in any way, including but not limited to issues regarding warranties, adequacy of goods, and all other concerns.
8. Third-Party Merchant Policies
All rules, policies (including privacy policies) and operating procedures of Merchants will apply to you while on third-party merchant sites. We are not responsible for information provided by you to Merchants. We and the Merchants are independent contractors and neither party has authority to make any representations or commitments on behalf of the other.
9. Links to Other Websites
The Site contains links to other websites. We are not responsible for the content, accuracy or opinions expressed in such websites, and such websites are not investigated, monitored or checked for accuracy or completeness by us. Inclusion of any linked website on our Site does not imply approval or endorsement by us of the linked website. If you decide to leave our Site and access these third-party sites, you do so at your own risk.
10. Linking to the Site
You may provide links to the Site, provided that:
- You do not remove or obscure, by framing or otherwise, the copyright notice, or other notices contained within the content
- Your site does not engage in illegal activities
- You discontinue providing links to the Site immediately upon request by us
11. Infringement Policy
HealthtalkDaily.com, pursuant to 17 U.S.C. Section 512 as amended by Title II of the Digital Millennium Copyright Act (the “Act”), reserves the right, but not the obligation, to terminate your license to use the Site if it determines in its sole and absolute discretion that you are involved in infringing activity, including alleged acts of first-time or repeat infringement, regardless of whether the material or activity is ultimately determined to be infringing.
HealthtalkDaily.com accommodates and does not interfere with standard technical measures used by copyright owners to protect their materials. In addition, pursuant to 17 U.S.C. Section 512 (c), HealthtalkDaily.com has implemented procedures for receiving written notification of claimed infringements and for processing such claims in accordance with the Act.
Our designated agent to receive notification of claimed infringement is available via our contact form.
In addition, any written notice regarding defamatory or infringing activity, whether of a copyright, patent, trademark or other proprietary right, should be sent to our designated agent (listed above) and must include the following information:
- A physical or electronic signature of a person authorized to act on behalf of (1) the owner of an exclusive right that is allegedly infringed or, (2) the person who is allegedly being defamed.
- Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at the site.
- Identification of the material that is claimed to be infringing or defamatory and that is to be removed or hidden, as well as information sufficient for us to locate the material (e.g. the URL).
- Information reasonably sufficient for us to contact you, such as your name, address, telephone number, and electronic mail address.
- A statement that you have a good faith belief that use of the material in the present manner is not authorized by the copyright or other proprietary right owner, its agent, or the law.
- A statement that the information in the notification is accurate, and under penalty of perjury, that You are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed or on behalf of the person that is allegedly defamed.
12. Information and Press Releases
The Site may contain information and press releases about us. While this information was believed to be accurate as of the date prepared, we disclaim any duty or obligation to update this information or any press releases. Information about companies other than ours contained in press releases or otherwise, should not be relied upon as being provided or endorsed by us.
13. Export Control and Other International Information
Unless otherwise specified, the materials on this Site are presented solely to provide information regarding and to promote HealthtalkDaily.com website and other products available in the United States, its territories, possessions and protectorates. HealthtalkDaily.com makes no representation that materials on this Site are appropriate or available for use outside the United States.
Those who choose to access this Site from outside the United States do so on their own initiative and are responsible for compliance with local laws, if and to the extent that local laws apply. Information that HealthtalkDaily.com publishes on the World Wide Web may contain references or cross references to HealthtalkDaily.com services that are not announced or available in your country.
14. Disclaimer and Limits
Information on this Site may contain technical inaccuracies or typographical errors. Information may be changed or updated without notice. HealthtalkDaily.com may also make improvements and/or changes to the Site’s content at any time and without notice.
This site is designed to offer health information for general informational purposes only.
Any health-related information that appears on this site is for informational purpose only. It does NOT constitute professional advice and should never replace consultation with a qualified healthcare professional. Always seek the advice of a professional for questions related to a disease, disease symptoms, and appropriate therapeutic treatments. If you have, or suspect that you have, a medical problem or condition that requires treatment, contact a qualified healthcare provider immediately. Never disregard medical advice or delay seeking medical advice or care because of something you have read on this site.
We do not give medical advice, nor do we provide medical or diagnostic services. Neither we nor the content providers guarantee that the content on this website covers all possible uses, directions, precautions, drug interactions, or adverse effects that may be associated with any therapeutic treatment. You may not rely on the application of any information on this website as being applicable to your specific circumstances. Your reliance upon information and content obtained at or through this site is solely at your own risk. Neither we nor the content providers assume any liability or responsibility for damage or injury (including death) to you, other persons, or property arising from any use of any information, idea, or instruction contained in the content or services provided to you.
The content of this Site was developed for use in the United States and neither we nor the content providers make any representation concerning the content when used in any other country. While information on this site has been obtained from sources believed to be reliable, neither we nor the content providers warrant the accuracy of information contained on this website.
HealthtalkDaily.com and the content providers have utilized reasonable care in collecting and reporting the information on this website and have obtained such information from sources believed to be reliable. However, HealthtalkDaily.com and the content providers do not warrant the accuracy of the information on the website. Any information contained in the Site is intended as a supplement to, and not a substitute for, the knowledge, expertise, skill, and judgment of physicians, pharmacists, nurses, or other healthcare professionals. The absence of a warning for a given treatment, drug or drug combination should not be construed to indicate that the treatment, drug or drug combination is safe, appropriate, or effective in any given patient or under your particular circumstances.
The information from or through the site is provided “as is,” “as available,” and HealthtalkDaily.com and the content providers make no warranty or representation, express or implied, as to the accuracy of the data from which the information is compiled or the accuracy of the information itself and specifically disclaims the implied warranties of merchantability and fitness for a particular purpose. The information and services may contain bugs, errors, problems or other limitations. HealthtalkDaily.com and its affiliated parties have no liability whatsoever for your use of any information or service. We are not liable for any failure to perform or performance due to a force majeure event. No advice or information obtained through the site shall create any warranty, representation or guarantee not expressly stated in this agreement.
Users are responsible for the use of the content on this website. A licensed medical professional is responsible for independently reaching any medical judgment, and for any resulting diagnosis and treatments, notwithstanding any use of the content by such medical professional. This website and the content providers offer no medical advice in connection with this website. By use of this website you acknowledge and agree that the information on this website may contain inaccuracies and other errors.
You use this website and the material and information on the website at your own risk. HealthtalkDaily.com and the content providers are not liable for any damages allegedly sustained arising out of use of the website, and including any consequential, special, or similar damages, even if advised of the possibility of such damages.
All responsibility or liability for any damages caused by viruses, worms or other malicious software contained within the site is disclaimed. We will not be liable to you for any incidental, special or consequential damages of any kind (including lost profits) that may result from use of, or inability to use our site.
HealthtalkDaily.com does not warrant or make any representation regarding the use or the results of the use of the materials in this site in terms of their correctness, accuracy, reliability or otherwise. As a limitation thereof, we and our affiliated parties are not liable for any indirect, special, incidental or consequential damages (including damages for loss of business, loss of profits, litigation, or the like), whether based on breach of contract, breach of warranty, tort (including negligence), product liability or otherwise, even if advised of the possibility of such damages. The negation of damages set forth above is a fundamental element of the basis of the bargain between us and you. This site and the information would not be provided without such limitations. If, notwithstanding the other terms of this agreement (or any other agreement between you and us), we (or the content providers or sponsor/advertisers) should have any liability for any loss, harm or damage, you and we (on behalf of ourselves and the content providers and sponsor/advertisers) agree that such liability shall under no circumstances exceed $1,000. You and we (on behalf of ourselves and the content providers and sponsor/advertisers) agree that the foregoing limitation of liability is an agreed allocation of risk between you and us (and the content providers and sponsor/advertisers) and reflects the fees, if any, we charge you to use this site, the services and the content. You acknowledge that absent your agreement to this limitation of liability we would not provide the website, the services, or the content to you.
All disputes between you and HealthtalkDaily.com arising in connection with this Agreement shall be finally settled by binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, using the Expedited Procedures, and judgment on the award rendered by the arbitrator(s) may be entered in any court of competent jurisdiction. The arbitrator shall be an individual generally skilled in the legal and business aspects of the subject matter of this Agreement. The arbitrator shall have no authority to impose penalties or award punitive damages.
The arbitration shall take place in Panama City, Republic of Panama, and the arbitrator shall apply the law of the Republic of Panama and applicable rules of evidence. If all parties and the arbitrator agree, arbitration may take place by telephone, by videoconference or by written communication. Unless the arbitrator otherwise directs, the parties, their representatives, other participants, and the arbitrator shall hold the existence, content, and result of the arbitration in confidence.
No action, regardless of form, related to the obligations of the parties under this Agreement may be brought by either party against the other more than 1 (one) year after the cause of action has accrued.
In any proceeding to enforce this Agreement, the prevailing party will have the right, in addition to its other rights herein, to recover its reasonable litigation costs and reasonable attorneys’ fees.
Notwithstanding the foregoing, HealthtalkDaily.com may seek immediate injunctive relief in the event of your infringement of intellectual property rights hereunder or a breach of your confidentiality obligations. To the extent that anything in or associated with the Site is in conflict or inconsistent with this Agreement, this Agreement shall take precedence. Our failure to enforce any provision of this Agreement shall not be deemed either a waiver of such provision or a waiver of the right to enforce such provision.