Terms and Conditions of Use
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE.
By using this site, you signify your assent to these Terms and Conditions. If you do not agree to all of these Terms and Conditions of use, do not use this site!
HealthStatus.com, Inc. ("HealthStatus") may revise and update these Terms and Conditions at any time. Your continued usage of the workout@HealthStatus website ("workout@HealthStatus Site," or the "Site,") will mean you accept those changes.
THE SITE DOES NOT PROVIDE MEDICAL ADVICE
CHILDREN'S PRIVACY
USE OF CONTENT
LIABILITY OF HEALTHSTATUS AND ITS LICENSORS
USER SUBMISSIONS
PASSWORDS
HEALTHSTATUS SUBCRIPTION SERVICES
HEALTHSTATUS workout@HealthStatus SITE
HEALTHSTATUS LIVE AND MEMBER TO MEMBER AREAS ("PUBLIC AREAS")
ADVERTISEMENTS, SEARCHES AND LINKS TO OTHER SITES
INDEMNITY
GENERAL
JURISDICTION
COMPLETE AGREEMENT
THE SITE DOES NOT PROVIDE MEDICAL ADVICE.
The contents of the workout@HealthStatus Site, such as text, graphics, images, information obtained from ealthStatus's licensors, and other material contained on the workout@HealthStatus Site ("Content") are for informationalpurposes only. The Content is not intended to be a substitute for professional medical advice, diagnosis, or tratment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read on the workout@HealthStatus Site!
If you think you may have a medical emergency, call your doctor or 911 immediately. HealthStatus 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 HealthStatus, HealthStatus employees, others appearing on the Site at the invitation of HealthStatus, or other visitors to the Site is solely at your own risk.
CHILDREN'S PRIVACY.
We are committed to protecting the privacy of children. You should be aware that this Site is not intended or designed to attract children under the age of 13. We do not collect personally identifiable information from any person we actually know is a child under the age of 13.
USE OF CONTENT.
HealthStatus authorizes you to view or download a single copy of the material on the workout@HealthStatus Site solely for your personal, noncommercial use if you include the following copyright notice: "Copyright (c) 1998 - 2004, HealthStatus, Inc. All rights reserved" and other copyright and proprietary rights notices that are contained in the Content. Any special rules for the use of certain software and other items accessible on the workout@HealthStatus Site may be included elsewhere within the Site and are incorporated into these Terms and Conditions by reference.
The Content is protected by copyright under both United States and foreign laws. Title to the Content remains with HealthStatus or its licensors. Any use of the Content not expressly permitted by these Terms and Conditions is a breach of these Terms and Conditions and may violate copyright, trademark, and other laws. Content and features are subject to change or termination without notice in the editorial discretion of HealthStatus. All rights not expressly granted herein are reserved to HealthStatus and its licensors.
If you violate any of these Terms and Conditions, 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 HEALTHSTATUS AND ITS LICENSORS.
The use of the workout@HealthStatus Site and the Content is at your own risk.
When using the workout@HealthStatus Site, information will be transmitted over a medium that may be beyond the control and jurisdiction of HealthStatus and its suppliers. Accordingly, HealthStatus 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 workout@HealthStatus Site.
The workout@HealthStatus Site and the content are provided on an "as is" basis. HealthStatus, ITS LICENSORS, AND ITS SUPPLIERS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, 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, HealthStatus, 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 workout@HealthStatus Site or HealthStatus.
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 workout@HealthStatus Site.
In no event shall HealthStatus, its licensors, its suppliers, or any third parties mentioned on the workout@HealthStatus Site 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 workout@HealthStatus Site or the Content, whether based on warranty, contract, tort, or any other legal theory, and whether or not HealthStatus is advised of the possibility of such damages. HealthStatus shall be liable only to the extent of actual damages incurred by you, not to exceed U.S. $1000. HealthStatus is not liable for any personal injury, including death, caused by your use or misuse of the Site, Content, or Public Areas (as defined below). 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 and Conditions are exclusive and are limited to those expressly provided for in these Terms and Conditions.
USER SUBMISSIONS.
The personal information you submit to HealthStatus is governed by the HealthStatus Privacy Policy. To the extent there is an inconsistency between this Agreement and the HealthStatus Privacy Policy, this Agreement shall govern.
You agree that you will not upload or transmit any communications or content of any type to the Public Areas (including message boards, Ask Our Expert postings, 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 HealthStatus by email, (including through the email addresses listed on the "Contact Us" link) any communication or content that infringes or violates any rights of any party. If you submit any business information, idea, concept or invention to HealthStatus 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 HealthStatus by email, you automatically grant—or warrant that the owner of such content or intellectual property has expressly granted—HealthStatus 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. HealthStatus 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 HealthStatus by email. We try to answer every email in a timely manner, but are not always able to do so.
PASSWORDS.
HealthStatus has several 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 HealthStatus 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 HealthStatus account and password; (3) promptly inform HealthStatus of any need to deactivate a password. You grant HealthStatus and all other persons or entities involved in the operation of the Site the right to transmit, monitor, retrieve, store, and use your information in connection with the operation of the Site. HealthStatus 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 HealthStatus tools and services.
HEALTHSTATUS SUBSCRIPTION SERVICES.
If you choose to subscribe to one of HealthStatus's subscription services, such as the workout@HealthStatus Site ("Subscription Services"), the following additional terms and conditions will apply depending on which service you choose.
INFORMATION YOU SUBMIT: You are using the Subscription Services at your own risk and you, along with your healthcare provider, are personally responsible for verifying its suitability for your needs.
CHARGES AND BILLING: You are responsible for providing a valid credit card number at the time you register for a Subscription Service. You represent and warrant that you are an authorized user of such credit card, and you agree to pay all charges resulting from your Subscription Service account at the prices then in effect, including any unauthorized charges incurred prior to your notifying HealthStatus of such charges. You agree that HealthStatus may pass your credit card information and related personally identifiable information to its designated service provider(s) for their use in charging you for appropriate services utilized through your Subscription Service. All Subscription Service charges are exclusive of sales or other taxes and you are responsible for payment of any applicable state, local and city taxes. HealthStatus reserves the right to modify or terminate membership plans, change prices, or institute new charges for any Subscription Service at any time with at least thirty (30) days' notice.
HEALTHSTATUS workout@HealthStatus SITE.
MEMBERSHIP TERM AND PRICING: With the exception of trial memberships and special offers, your membership term is determined by the level of membership you choose. Unless specified otherwise on the workout@HealthStatus.com website, your membership to the workout@HealthStatus.com website is automatically renewed following your initial membership period on a monthly basis. You are responsible for all associated monthly renewal fees until notice of cancellation is received by HealthStatus.
CANCELLATION: If you cancel your workout@HealthStatus.com website membership during your initial membership period, you will not receive a refund for that period. After the initial membership period, you are financially responsible for the monthly membership fee until you notify HealthStatus that you are canceling your membership. You may cancel your membership for workout@HealthStatus.com website at any time after the initial membership period, and if you have been charged for the month in which the cancellation occurs, you will receive a full refund for that month. Cancellations become effective during the month in which they occur. A membership month begins on the calendar date (e.g., May 15th) when a member subscribes to workout@HealthStatus.com website and concludes on the day before that calendar date (e.g., June 14th) the following month.
You may cancel your membership to workout@HealthStatus.com website as follows:
By email: send an email to billing@HealthStatus.net from the email account you submitted to workout@HealthStatus.com website when registering on the workout@HealthStatus.com website and indicate within the body of the message your intent to cancel. Be sure to include your first and last name and user name.
By U.S. mail: send a brief letter, including your first and last name, user name and email address, and mail it to: HealthStatus Customer Service, 7360 Fairway Circle West Drive, Indianapolis, IN 46236, Attn: workout@HealthStatus.com Member Services.
By telephone: dial 317-823-2687. You will be asked to provide your first and last name, user name, email address or other relevant identifying information.
CONTACT US: Questions or comments regarding the workout@HealthStatus.com website, including any reports of non-functioning links, should be directed by electronic mail to webguy@workout@HealthStatus.com or via U.S. mail to HealthStatus Customer Service, 7360 Fairway Circle West Drive, Indianapolis, IN 46236, Attn: workout@HealthStatus.com Member Services. We try to answer every email in a timely manner but are not always able to do so.
HEALTHSTATUS LIVE AND MEMBER TO MEMBER AREAS ("PUBLIC AREAS").
If you use a Public Area, such as a chat room or bulletin board posting or other member communities, you are solely responsible for your own communications, the consequences of posting those communications, and your reliance on any communications found in the Public Areas. HealthStatus is 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 and Conditions:
Using a Public Area for any purpose in violation of local, state, national, or international laws;
Posting material that infringes on the intellectual property rights of others or on the privacy or publicity rights of others;
Posting material that is unlawful, obscene, defamatory, threatening, harassing, abusive, slanderous, hateful, or embarrassing to any other person or entity as determined by HealthStatus in its sole discretion;
Posting advertisements or solicitations of business;
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);
Posting chain letters or pyramid schemes;
Impersonating another person;
Distributing viruses or other harmful computer code;
Harvesting or otherwise collecting information about others, including email addresses, without their identification for posting or viewing comments; consent;
Allowing any other person or entity to use your identification for posting or viewing comments
Posting the same note more than once or "spamming"; or
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 HealthStatus, exposes HealthStatus or any of its customers or suppliers to any liability or detriment of any type.
HealthStatus reserves the right (but is not obligated) to do any or all of the following:
Record the dialogue in public chat rooms.
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).
Remove communications which are abusive, illegal, or disruptive, or that otherwise fail to conform with these Terms and Conditions.
Terminate a user's access to any or all Public Areas and/or the workout@HealthStatus Site upon any breach of these Terms and Conditions.
Monitor, edit, or disclose any communication in the Public Areas.
Edit or delete any communication(s) posted on the workout@HealthStatus Site, regardless of whether such communication(s) violate these standards.
HealthStatus reserves the right to take any action it deems necessary to protect the personal safety of our guests or the public. HealthStatus has no liability or responsibility to users of the workout@HealthStatus Site or any other person or entity for performance or nonperformance of the aforementioned activities.
ADVERTISEMENTS, SEARCHES AND LINKS TO OTHER SITES.
HealthStatus may provide links to third-party web sites. HealthStatus also may select certain sites as priority responses to search terms you enter and HealthStatus may agree to allow advertisers to respond to certain search terms with advertisements or sponsored content. HealthStatus does not recommend and does not endorse the content on any third-party websites. HealthStatus is not responsible for the content of linked third-party sites, sites framed within the workout@HealthStatus Site, 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. HealthStatus does not endorse any product advertised on the workout@HealthStatus Site.
INDEMNITY.
You agree to defend, indemnify, and hold HealthStatus, 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 and Conditions.
GENERAL.
HealthStatus is based in Atlanta, Indiana, in the United States of America with offices in New York, New York and Atlanta, Indiana. HealthStatus makes no claims that HealthStatus, workout@HealthStatus.com, HealthStatus Fertility and the Content are 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 workout@HealthStatus Site from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.
The following provisions survive the expiration or termination of this Agreement for any reason whatsoever: Liability, User Submissions, Indemnity, Jurisdiction, and Complete Agreement.
JURISDICTION.
You expressly agree that exclusive jurisdiction for any dispute with HealthStatus, or in any way relating to your use of the workout@HealthStatus Site, resides in the courts of the State of Indiana and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the State of Indiana in connection with any such dispute including any claim involving HealthStatus or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers, and content providers.
These Terms and Conditions are governed by the internal substantive laws of the State of Indiana, without respect to its conflict of laws principles. If any provision of these Terms and Conditions 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 and Conditions, which shall remain in full force and effect. No waiver of any of these Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or any other term or condition.
COMPLETE AGREEMENT.
Except as expressly provided in a particular "legal notice" on the workout@HealthStatus Site, these Terms and Conditions and the HealthStatus Privacy Policy and Agreement constitute the entire agreement between you and HealthStatus with respect to the use of the workout@HealthStatus Site, and Content.
Thank you for your cooperation. We hope you find the workout@HealthStatus Site helpful and convenient to use! Questions or comments regarding this website, including any reports of non-functioning links, should be submitted using our Contact Us Form or via U.S. mail to HealthStatus Office of Privacy at 7360 Fairway Circle West Drive, Indianapolis, IN 46236. We try to answer every email in a timely manner but are not always able to do so.
