OVERALLHEALTH.COM
TERMS OF USE
PLEASE READ THESE
TERMS OF USE OF USE CAREFULLY BEFORE USING THIS SITE.
By
using this site, you acknowledge your assent
(agreement),
without
modification
or
limitation, to these Terms of Use. If you do not agree to all of these Terms of
Use of use, you
may not access, view, obtain goods or services from, or otherwise use the
OverallHealth.com Site. By using the OverallHealth.com web site you agree to
be bound by these Terms of Use (this “Agreement”), whether or not you register
as a member (“Member”).
Sark, Inc D/B/A
OverallHealth.com maintains this website
www.overallhealth.com for your
information, education and use. Anyone who browses this website may not
distribute or transmit (except, within your business or organization), modify,
reuse, report, or use the contents of this website for public or commercial
purposes, including the text, and images without our written approval.
Sark, Inc. or
OverallHealth.com (which term shall include its officers, members, employees,
parent, subsidiaries, or affiliates) may revise and update these Terms of Use at
any time. Your continued usage of the OverallHealth.com website
("OverallHealth.com Site," or the "Site,") will mean you accept those
changes.
1.
THE SITE DOES NOT
PROVIDE MEDICAL ADVICE.
OverallHealth.com
provides weight loss management, programs and information applications and text,
graphics, images, information and other material ("Content") and is intended
only to assist users in their personal weight loss efforts. OverallHealth.com
does not provide counselling or medical or advice. Nothing contained in this
Site should be construed as such advice or diagnosis. The information and
reports generated on OverallHealth.com should not be interpreted as a
substitute for physician consultation, evaluation, or treatment. You are urged
and advised to seek the advice of a physician, nutritionist and/or a personal trainer
before beginning any weight loss effort or regimen.
Many forms
of exercise can be dangerous, especially if performed without proper
pre-exercise evaluation, competent instruction and personal supervision from a
qualified professional trainer or nutritionist. You are advised to always
consult your physician, health care professional, nutritionist or personal
trainer before performing any new exercise, exercise technique or beginning any
new diet -- particularly if you are pregnant, nursing, elderly, or if you have
any chronic or recurring conditions.
Any application of the techniques,
ideas, and suggestions displayed in the Site is at the reader's sole discretion
and risk. The editors, authors, contributors and/ or publishers of this website
make no warranty of any kind in regard to the contents of this website,
including, but not limited to, any implied warranties of merchantability or
fitness for any particular purpose.
The information provided on this Site should not be considered complete, nor
should it be relied on to suggest a course of treatment for a particular
individual, nor is it intended to refer you to a particular medical professional
, health care provider or nutritionist or a
personal trainer
. Information obtained in the Site is not exhaustive and does not cover all
diseases, ailments or physical conditions or their
treatment.
This Site
is intended for use only by healthy adult individuals. The web site is not
intended for use by minors, pregnant women, or individuals with any type of
health condition. Such individuals are specifically warned to seek professional
medical advice before initiating any form of weight loss effort or
regimen.
2.
CHILDREN’S PRIVACY;
AGE REQUIREMENT
You must be
eighteen or older to register as a member of OverallHealth.com or use the Web
site. Membership in the Service is void where prohibited. By using the Web site,
you represent and warrant that you have the right, authority, and capacity to
enter into this Agreement and to abide by all the terms of use of this
Agreement.
If
you are under the age of 18, and are using this Site, you must do so under the
supervision of a parent, legal guardian, or other responsible adult. Children
under the age of 13 are not allowed to visit or otherwise use our Site.
3.
PROPRIETARY RIGHTS;
COPYRIGHT NOTICES.
OverallHealth.com
authorizes you to view or download a single copy of the material on the
OverallHealth.com Site solely for your personal, noncommercial use if you
include the following copyright notice: "Copyright © 2009, OverallHealth.com 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 OverallHealth.com Site may be included elsewhere
within the Site and are incorporated into these Terms of Use by
reference.
The Content is
protected by copyright under both United States and foreign laws. Title to the
Content remains with OverallHealth.com or its licensors. Any use of the Content
not expressly permitted by these Terms of Use is a breach of these Terms of Use
and may violate copyright, trademark, and other laws. Except for that
information which is in the public domain or for which you have been given
written permission, you may not copy, modify, publish, transmit, distribute,
perform, display, or sell any such proprietary information. Content and features
are subject to change or termination without notice in the editorial discretion
of OverallHealth.com. All rights not expressly granted herein are reserved to
OverallHealth.com 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.
You acknowledge that
any reliance upon any opinion, advice, statement, memorandum, or information in
the OverallHealth.com Site and the Content is at your own
risk.
When using the
OverallHealth.com Site, information will be transmitted over a medium that may
be beyond the control and jurisdiction of OverallHealth.com and its suppliers.
Accordingly, OverallHealth.com 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 OverallHealth.com
Site.
THE WEBSITE IS
PROVIDED BY OVERALLHEALTH.COM AND ITS AFFILIATES “AS IS.” OVERALLHEALTH.COM DOES
NOT MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS
TO THE OPERATION OF THE WEBSITE, ITS CONTENTS, OR ANY INFORMATION MADE AVAILABLE
BY OR THROUGH THE WEBSITE. IN ADDITION, OVERALLHEALTH.COM AND ITS PARTNERS
DISCLAIM ALL WARRANTIES WITH RESPECT TO THE WEBSITE, EXPRESS OR IMPLIED,
INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE,
FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. FURTHERMORE,
OVERALLHEALTH.COM DOES NOT WARRANT THAT USE OF THE WEBSITE WILL BE
UNINTERRUPTED, AVAILABLE AT ANY TIME OR FROM ANY PARTICULAR LOCATION, SECURE OR
ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE IS FREE OF
VIRUSES OR OTHER POTENTIALLY HARMFUL COMPONENTS.
Without limiting the
foregoing, OverallHealth.com, its licensors, and its suppliers make no
representations or warranties about the following:
(a)
The accuracy, reliability,
completeness, correctness, or timeliness of the Content, software, text,
graphics, links, or communications provided on or through the use of the
OverallHealth.com Site or OverallHealth.com.
(b)
The satisfaction of
any government regulations requiring disclosure of information on prescription
drug products, counter diet pills, exercise, programs, diets etc. or the
approval or compliance of any software tools with regard to the Content
contained on the OverallHealth.com Site.
(c)
Any errors of omission arising from
the use of such information;
(d)
Any defamatory, libelous or
unlawful material contained within the Site, including user Web pages, resumes,
emails, profiles, opinions, advice, statements, memorandums or discussion board
postings, or materials related to a users' use of the Site's chat features.
5.
LIMITATION OF
LIABILITY
IN NO EVENT WILL
OVERALLHEALTH.COM BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, PUNITIVE OR
CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION THOSE RESULTING FROM LOST
PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY
TO USE, OR THE RESULTS OF USE OF THE WEBSITE, WHETHER SUCH DAMAGES ARE BASED ON
WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT
OVERALLHEALTH.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE
AGGREGATE LIABILITY OF OVERALLHEALTH.COM, ARISING FROM OR RELATING TO THE
WEBSITE (REGARDLESS OF THE FORM OF ACTION OR CLAIM, E.G. CONTRACT, WARRANTY,
TORT, STRICT LIABILITY, NEGLIGENCE, OR ANY OTHER LEGAL THEORY) IS LIMITED TO
$100. OVERALLHEALTH.COM’S AFFILIATES, PROVIDERS AND PARTNERS HAVE NO LIABILITY
WHATSOEVER ARISING FROM THE WEBSITE. In some locations applicable law may not
allow certain limitations described above, in which case such limitations may
not apply to you.
6.
MEMBER SUBMISSIONS AND
COMMUNICATIONS; PUBLIC AREAS:
You acknowledge that
you own, solely responsible or otherwise control all of the rights to the
content that you post; that the content is accurate; that use of the content you
supply does not violate these Terms of Use and will not cause injury to any
person or entity; and that you will indemnify OverallHealth.com or its
affiliates for all claims resulting from content you
supply.
You acknowledge that
neither OverallHealth.com nor its Web site users, while such users are
participating in the Site, are engaged in rendering medical, counseling, or
other professional services or advice. We encourage you to seek appropriate
professional advice for any situation or problem that you may have.
OverallHealth.com has the right, but not the obligation, to correct any errors
or omissions in any portion of the OverallHealth.com Web
site.
If you make any
submission to a Public Area or if you submit any business information, idea,
concept or invention to OverallHealth.com by email, you automatically
grant--or warrant that the owner of such content or intellectual
property has expressly granted--OverallHealth.com 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.
OverallHealth.com 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 OverallHealth.com by
email. We try to answer every email in a timely manner, but are not always able
to do so.
Some of the forums
(individual bulletin boards and posts on the social network, for instance) on
OverallHealth.com are not moderated or reviewed. Accordingly, Members will be
held directly and solely responsible for the content of messages that are
posted. While not moderating the forums, the Site reviewer will periodically
perform an administrative review for the purpose of deleting messages that are
old, have received few responses, are off topic or irrelevant, serve as
advertisements or seem otherwise inappropriate. OverallHealth.com has full
discretion to delete messages. Members are encouraged to read the specific forum
rules displayed in each discussion forum first before participating in that
forum.
OverallHealth.com
reserves the right (but is not obligated) to do any or all of the
following:
(a)
Record the dialogue in
public chat rooms.
(b)
Examine an allegation
that a communication does not conform to the terms of this section and determine
in its sole discretion to remove or request the removal of the
communication.
(c) Remove communications
which are abusive, illegal, or disruptive, or that otherwise fail to conform to
these Terms of Use.
(d)
Terminate a Member's
access to any or all Public Areas and/or the OverallHealth.com Site upon any
breach of these Terms of Use.
(e)
Monitor, edit, or
disclose any communication in the Public Areas.
(f) Edit or delete any
communication(s) posted on the OverallHealth.com Site, regardless of whether
such communication(s) violate these standards.
OverallHealth.com
reserves the right to take any action it deems necessary to protect the personal
safety of our guests or the public. OverallHealth.com has no liability or
responsibility to users of the OverallHealth.com Site or any other person or
entity for performance or nonperformance of the aforementioned
activities.
7.
PROHIBITED
ACTIVITIES
You agree that you
will not upload or transmit any communications or content of any type to the
Public Areas which: (i) disrupts
the normal flow of dialogue and/or exchange on the Site, including posting or
otherwise transmitting material that is not related to the subject at issue or
otherwise restricts or inhibits any other Member from using and enjoying the
OverallHealth.com Site; (ii) is unlawful, threatening, abusive, libelous,
defamatory, obscene, vulgar, offensive, harassing, hateful, embarrassing,
pornographic, profane, sexually explicit, or indecent; (iii) constitutes or
encourages conduct that would constitute a criminal offense, potentially give
rise to civil liability (including claims of defamation and/or libel), or
otherwise violate the local, state, or national laws of any country; (iv)
violates, plagiarizes, or infringes the rights of third parties including,
without limitation, copyright, trademark, patent, rights of privacy or
publicity, trade secrets, or any other proprietary right; (v) contains a virus,
worm, Trojan horse, or other harmful component; (vi) contains any information,
software, or other material of a commercial nature; (vii) contains solicitations
or advertisements of any kind; (viii) constitutes or contains false or
misleading indication of origin or statement of fact; (ix) violates local, state, national or international
law. or (x) contains chain letters or pyramid schemes.
8.
MEMBER SUBMISSIONS AND
COMMUNICATION OF MEDICAL/HEALTH INFORMATION
It is advised, for
clarity and simplicity’s sake and
the benefit of other users/ Members of the OverallHealth.com Site, that if you post any health and/or
weight related information outside
of your own personal experience, that you please
provide references with your post; for example, a link
to that specific information. This helps readers of your posts determine the
accuracy of any health or medical information, as well as leading them to
additional information.
We also request all
Members of the OverallHealth.com website to post
only information that is true and correct to the best of their knowledge.
OVERALLHEALTH.COM
SHALL NOT BE HELD LIABLE OR RESPONSIBLE FOR ANY ADVERSE EFFECTS OR CLAIMS
ARISING OUT OF YOUR RELIANCE ON THE COMMUNICATIONS AND SUBMISSIONS OF OTHER
MEMBERS.
9.
MEMBER ACCOUNT
TERMINATION
OverallHealth.com
may immediately, without prior notice, issue a warning, temporarily suspend,
indefinitely suspend, or terminate your use of and access to the Site, at our
sole discretion, for any reason, whether with or without cause or warning, and
without liability. Your sole remedy against OverallHealth.com in the event of a
dispute arising out of this Agreement, the Site or your use thereof, is to
terminate this Agreement by ceasing your use of the Site. In the event of
termination of this Agreement, OverallHealth.com may delete and/or store, in its
discretion, data associated with your use of the Site.
Should
you wish to terminate or cancel your account at any time with OverallHealth.com,
it is advisable that you delete all your all of your postings,
images, comments and any personal information from the Site prior to your
cancellation of the account. While
your cancellation of the account is an automatic process that will likely remove
the aforementioned items, this is not guaranteed. Notwithstanding the foregoing,
despite the best efforts, OverallHealth.com shall not be liable if any (or any
part) of your account information or postings, images, comments and personal
information is not deleted from our files due to factors beyond
OverallHealth.com’s control such as, but not limited to, cached pages, robots,
spiders, screenshots etc.
OverallHealth.com
may also change, suspend, or discontinue any aspect of the OverallHealth.com web
site at any time, including the availability of any Web site feature, database,
or content.
10. MEMBER
DISPUTES.
You are solely responsible for your
interactions with other Members. Sark, Inc. Or OverallHealth.com reserves the
right, but has no obligation, to monitor disputes between you and other
Members.
11. SPAMMING:
Gathering email addresses from OverallHealth.com through harvesting or automated means is prohibited. Posting or transmitting unauthorized or unsolicited advertising, promotional materials, or any other forms of solicitation to other Members is prohibited. Inquiries regarding a commercial relationship with OverallHealth.com can be submitted here.
12. THIRD
PARTY LINKS:
OverallHealth.com
may contain links that will let you leave our Web site and go to sites operated
by parties other than OverallHealth.com We do not monitor or
investigate such websites and we are not responsible for the content,
functionality, or practices of such websites. Inclusion of links to third party
websites on our Website does not imply approval or endorsement of the linked
website by us. If you decide to leave our Website and access these third party
websites, you do so at your own risk. OverallHealth.com suggests that you read
the terms of use and privacy policies (if any) on those third party websites.
You agree that OverallHealth.com has no liability for any damage or loss of any
type that is a result of your use of a third party website.
OverallHealth.com
expressly disclaims liability for direct, consequential, or incidental damages
arising from the products, services, advertisements, actions, or web site
content of these and any other third parties, and you waive any claims against
OverallHealth.com for damages arising from such transactions or your reliance
upon statements contained therein. You will not consider OverallHealth.com nor
will OverallHealth.com be construed as, a party to such transactions, whether or
not we may have received some form of revenue or other remuneration in
connection with the transaction. Merchants are responsible for all aspects of
order processing, fulfillment, billing, and customer service. You agree that use
of such merchants is AT YOUR SOLE RISK AND IS WITHOUT WARRANTIES OF ANY KIND BY
US, EXPRESSED, IMPLIED, OR OTHERWISE INCLUDING WARRANTIES OF TITLE, FITNESS FOR
PURPOSE, MERCHANTABILITY, AND/OR NONINFRINGEMENT. UNDER NO CIRCUMSTANCES IS
OVERALLHEALTH.COM, OR SARK, INC. LIABLE FOR ANY DAMAGES ARISING FROM THE
TRANSACTIONS BETWEEN YOU AND MERCHANTS FOUND ON THE OverallHealth.com WEB SITE
OR FOR ANY INFORMATION APPEARING ON MERCHANT SITES OR ANY OTHER SITE LINKED FROM
OR TO OUR SITE.
13. ACCOUNTS
AND SECURITY.
OverallHealth.com
does not warrant that the functions contained in the service provided by the
Site will be uninterrupted or error-free, that defects will be corrected or that
this service or the server that makes it available will be free of viruses or
other harmful components.
As
part of the registration process, each user will select a password ("Password")
and Login Name ("Login Name"). You shall provide OverallHealth.com with
accurate, complete, and updated Account information. Failure to do so shall
constitute a breach of this Terms of Use, which may result in immediate
termination of your Account.
You
may not:
·
select
or use a Login Name of another person with the intent to impersonate that
person;
·
use
a name subject to the rights of any other person without authorization;
·
use
a Login Name that OverallHealth.com, in its sole discretion, deems inappropriate
or offensive.
You
shall notify OverallHealth.com of any known or suspected unauthorized use(s) of
your Account, or any known or suspected breach of security, including loss,
theft, or unauthorized disclosure of your password. You shall be responsible for
maintaining the confidentiality of your password.
Any
fraudulent, abusive, or otherwise illegal activity may be grounds for
termination of your Account, at OverallHealth.com’s sole discretion, and you may
be reported to appropriate law-enforcement agencies.
14. INDEMNITY.
You agree to defend,
indemnify, and hold OverallHealth.com , 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.
Sark, Inc is based in
Murfreesboro, Tennessee,, in the United States of America. OverallHealth.com
makes no claims that 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 OverallHealth.com 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 these Terms of Use for any reason whatsoever:
Liability, Member Submissions, Indemnity, Jurisdiction, and Complete
Agreement.
You expressly agree
that exclusive jurisdiction for any dispute with OverallHealth.com , or in any
way relating to your use of the OverallHealth.com Site, resides in the courts of
the State of, Tennessee, County of Rutherford and you further agree and
expressly consent to the exercise of personal jurisdiction in the courts of the
State of Tennessee, County of Rutherford in connection with any such dispute
including any claim involving OverallHealth.com or its affiliates, subsidiaries,
employees, contractors, officers, directors, telecommunication providers, and
content providers.
These Terms of Use are
governed by the internal substantive laws of the State of Tennessee, 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.
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.
These Terms of Use and
the OverallHealth.com Privacy Policy and Agreement and Disclaimer constitute the
entire agreement between you and OverallHealth.com with respect to the use of
the OverallHealth.com Site, and Content.
18. COPYRIGHT
The
content, organization, graphics, design, compilation, magnetic translation,
digital conversion, and other matters related to the OverallHealth.com web site
are protected under applicable copyrights, trademarks, and other proprietary
(including but not limited to intellectual property) rights as a collective work
and/or compilation, pursuant to international conventions and U.S. and other
copyright laws. Other product and company names mentioned herein may be the
trademarks of their respective owners. The contents and every part thereof, of
the OverallHealth.com web site are only for your personal, non-commercial use.
You do not acquire ownership rights to any content, document, or other materials
viewed through our Site. The posting of information or materials on the
OverallHealth.com Site does not constitute a waiver of any right in such
information and materials. You will abide by any and all additional copyright
notices, information, or restrictions contained in any content on our Site.
Unless otherwise prohibited from doing so, you may download and make one (1)
copy of the content and other downloadable items displayed on the
OverallHealth.com web site for your personal, noncommercial use only, provided
that you maintain all copyright and other notices contained in such content. Any
copying, republication, or redistribution of OverallHealth.com web site content,
including by caching, framing, or similar means, is expressly prohibited without
the prior written consent of OverallHealth.com and/or the respective
intellectual property rights holder identified in the subject
content.
OverallHealth.com respects the intellectual property rights of others and expects our Members/ users to do the same. The policy of OverallHealth.com is to terminate the accounts of repeat copyright offenders and other users who infringe upon the intellectual property rights of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please contact us.
Contact us: If you would like to request additional information regarding these Terms of Use, please contact us.