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Terms and Conditions

Terms and Conditions

PLEASE READ THIS TERMS OF USE AGREEMENT (THE “TERMS”) CAREFULLY. BY ACCESSING, BROWSING OR USING HEALTH REPORTER WEBSITE, AVAILABLE AT WWW. HEALTHREPORTER.COM OR ANY WEBSITE WITH LINKS TO THIS AGREEMENT (THE “WEBSITE”) IN ANY WAY USING THE WEBSITE OR CLICKING AN “I ACCEPT” OR SIMILAR BUTTON, YOU REPRESENT THAT (1) YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THE TERMS, (2) YOU ARE OF LEGAL AGE TO FORM A BINDING CONTRACT WITH HEALTH REPORTER. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS, YOU MAY NOT ACCESS OR USE THIS WEBSITE.

These Terms contains a mandatory arbitration provision that requires the use of arbitration on an individual basis to resolve disputes, rather than jury trials or any other court proceedings, or class actions of any kind.

These terms limit the remedies that may be available to you in the event of a dispute.

Please note that the Terms and any other applicable terms and conditions or policies are subject to change by Health Reporter in its sole discretion at any time. Health Reporter reserves the right to modify and update the terms from time to time and such changes shall be effective immediately upon posting to the website.

You understand and agree that any continued use and access to the Website after any posted updates of the Terms, means that you voluntary agree to be bound by these Terms. If you do not agree to be bound by the updated Terms, you should not use (or continue to use) the Website.

1. USE AND OWNERSHIP OF HEALTH REPORTER PROPERTIES

1.1. The Website and the content and information available on the Website (“HEALTH REPORTER PROPERTIES”, “THE “SERVICES”) are owned by us and our licensors and suppliers and are protected by copyright laws throughout the world. Subject to the Terms, Health Reporter grants you a limited, revocable, non-exclusive, non-transferable and non-sublicensable license to reproduce portions of Health Reporter Properties for the sole purpose of using the Website for your personal purposes.

1.2. You must not edit, reproduce, transmit or lend the Health Reporter Properties or make it available to any third parties or use it to perform any other acts which extend beyond the scope of the license provided in this Section.

1.3. The term of this license shall be for a term of 3 years from the date of you receiving the applicable Health Reporter Properties, unless earlier suspended or terminated in accordance with these Terms.

1.4. Health Reporter’s stylized name and other related graphics, logos, service marks and trade names used on or in connection with Health Reporter Properties are the trademarks of Health Reporter and may not be used without permission in connection with any third-party products or services. Other trademarks, service marks and trade names that may appear on or in Health Reporter Properties are the property of their respective owners.

1.5. You are prohibited from selling, offering for sale, sharing, renting out or lending Health Reporter Properties, or copies of Health Reporter Properties.

2. ORDER, ACCEPTANCE AND DISTANCE CONTRACT

2.1. When applicable, Health Reporter will provide you with a possibility of receiving an Offer. The Offer will include information Health Reporter finds important to include in the Offer (such as payment amount, payment options when applicable).

2.2. You accept the Offer once you tick the box “I agree with the Terms & Conditions”. The Distance contract will be concluded at the moment when you accept the Offer.

2.3. As you will accept the Offer electronically, Health Reporter will confirm receipt of acceptance of the Offer electronically.

2.4. IN CASE THE TERMS BETWEEN HEALTH REPORTER AND YOU CONSIST OF DIGITAL CONTENT WHICH IS NOT SUPPLIED ON A TANGIBLE MEDIUM YOU AGREE TO LOSE YOUR RIGHT OF WITHDRAWAL OF THE TERMS.

2.5. Health Reporter makes reasonable efforts to ensure that Services operate as intended, however such Services are dependent upon internet and other services and providers outside of the control of Health Reporter. By using Health Reporter`s Services, you acknowledge that we cannot guarantee that Services will be uninterrupted, error free or that the information it contains will be entirely free from viruses, hackers, intrusions, unscheduled downtime or other failures. You expressly assume the risk of using or downloading such Services.

2.6. From time to time and without prior notice, we may change, expand and improve the Services. We may also, at any time, cease to continue operating part or all of the Services or selectively disable certain aspects of the Services. Any modification or elimination of the Services will be done in our sole and absolute discretion and without an ongoing obligation or liability to you, and your use of the Services do not entitle you to the continued provision or availability of the Services.

3. PAYMENT

3.1. When applicable, you agree to:

3.1.1. pay all additional costs, fees, charges, applicable taxes and other charges that can be incurred by the Client.

3.1.2. purchase Services by using valid credit card or other allowed form of payment;

3.1.3. provide us current, correct and comprehensive information as detailed in the purchase order form. If we discover or believe that any information provided by you is not current, inaccurate or incomplete, we reserve the right to suspend the Service at its sole discretion and you forfeits any right to refund paid amount.

3.2. After you are transferred to the third party payment service provider, the risk of loss or damages will pass to you and/or third party service. Health Reporter shall not be liable for any payment issues or other disputes that arise due to the third party payment services. We may change the third party payment service provider from time to time.

3.3. All transfers conducted through us are handled and transacted through third party dedicated gateways to guarantee your protection. Card information is not stored, and all card information is handled over SSL encryption. Please read the terms & conditions for the payment gateway chosen for the transaction as they are responsible for the transactions made.

3.4. In order to ensure that you do not experience an interruption or loss of Services, the Services might be offered on automatic renewal.

3.5.1. EXCEPT FOR REASONS DESCRIBED BELOW IN THIS SECTION, AUTOMATIC RENEWAL AUTOMATICALLY RENEWS THE APPLICABLE SERVICE UPON EXPIRATION OF THE CURRENT TERM FOR A RENEWAL PERIOD EQUAL IN TIME TO THE MOST RECENT SERVICE PERIOD. For example, if your last service period is for one year, the renewal period will typically be for one year.

3.5.2. Unless you cancel the subscription, Health Reporter will automatically renew the applicable service when it comes up for renewal and will take payment from the payment method associated with the Service in your account.

3.5.3. We may change the subscription plans and the price of the Services from time to time.

4. VALIDITY AND TERMINATION

4.1. These Terms are effective after you start using the Website and/or accept and electronically expresses your consent to comply with them, and they shall remain in effect until terminated in accordance with the following section.

4.2. We may terminate the relationship with the you at any time in the following cases: (1) you do not agree with the Terms; (2) you commit any breach of the Terms; (3) you do not provide information requested by us and/or provide incorrect and/or incomprehensive information. Notwithstanding the foregoing, statutory termination rights shall not be affected.

5. RESPONSIBILITY FOR CONTENT

5.1. You acknowledge that all Content, including Health Reporter Properties, is the sole responsibility of the party from whom such Content originated. This means that you, and us, are entirely responsible for all Content that you upload, post, e-mail, transmit or otherwise make available (“MAKE AVAILABLE”) through Health Reporter (“YOUR CONTENT”). By uploading, transmitting or submitting Your Content, you affirm, represent and warrant that such Content and its uploading, transmission or submission is (a) accurate and not confidential; (b) not in violation of any applicable laws, contractual restrictions or other third‑party rights, and that you have permission from any third party whose personal information or intellectual property is comprised or embodied in Your Content; and (c) free of viruses, adware, spyware, worms or other malicious code. To the extent permitted by applicable laws, you hereby waive any moral rights you may have in any of Your Content.

6. INTERACTIONS WITH OTHER USERS

6.1. You are solely responsible for your interactions with other users of the Services and any other parties with whom you interact through the Services; provided, however, that Health Reporter reserves the right, but has no obligation, to intercede in such disputes. You agree that Health Reporter will not be responsible for any liability incurred as the result of such interactions.

7. FEEDBACK

7.1. You agree that submission of any ideas, suggestions, documents, and/or proposals to Health Reporter (“FEEDBACK”) is at your own risk and that Health Reporter has no obligations (including without limitation obligations of confidentiality) with respect to such Feedback. You represent and warrant that you have all rights necessary to submit the Feedback. You hereby grant to Health Reporter a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, and fully sublicensable right and license to use, reproduce, perform, display, distribute, adapt, modify, re-format, create derivative works of, and otherwise commercially or non-commercially exploit in any manner, any and all Feedback, in connection with the operation and maintenance of Health Reporter Properties.

8. PRIVACY

8.1. The processing of your personal data is governed by the Privacy Policy. It is recommended for you to print and keep a copy of the Privacy Policy together with these Terms.

9. MEDICAL DISCLAIMER

9.1. All content contained on or available through the Health Reporter website, including text, graphics, images, and information, is for general information purposes only and should not be relied on for medical or personal advice. The information on our website is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Never disregard professional medical advice or delay seeking medical treatment because of something you have read on the Health Reporter website.

9.2. Medical information and research are constantly evolving. Health Reporter makes no representation and assumes no responsibility for the accuracy of the information contained on or available through this website, and such information is subject to change without notice. You are encouraged to confirm any information obtained from or through this website with other sources and to review all information regarding any medical condition or treatment with your physician.

9.3. Health Reporter does not recommend, endorse or make any representations about the efficacy, appropriateness, or suitability of any specific tests, diets, products, procedures, treatments, services, testimonials, opinions, health care providers, or other information that may be contained on or available through this website. Health Reporter is not responsible nor liable for any advice, course of treatment, diagnosis, or any other information or products that you obtain through this website.

9.4. You should not disregard medical advice or delay visiting a medical professional because of something you read on the Health Reporter website or on other communication channels.

10. INDEMFICATION

10.1. You will indemnify and hold Heath Reporter, its affiliates, officers, directors, employees, agents, legal representatives, licensors, subsidiaries, joint ventures and suppliers, harmless from any claim or demand, including reasonable attorneys` fees, made by any third party due to or arising out of your breach of this Agreement or use of the Services, or your violation of any law or the rights of a third party in conjunction with your breach of these Terms or use of the Services.

11. DISCLAIMER OF WARRANTIES

11.1 YOU EXPRESSLY UNDERSTAND AND AGREE THAT TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOUR USE OF HEALTH REPORTER PROPERTIES IS AT YOUR SOLE RISK, AND HEALTH REPORTER PROPERTIES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS. HEALTH REPORTER PARTIES MAKE NO WARRANTY, REPRESENTATION OR CONDITION THAT: (1) HEALTH REPORTER PROPERTIES WILL MEET YOUR REQUIREMENTS; (2) YOUR USE OF HEALTH REPORTER PROPERTIES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; OR (3) ANY ERRORS IN HEALTH REPORTER PROPERTIES WILL BE CORRECTED. HEALTH REPORTER PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES, REPRESENTATIONS, AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

12. LIMITATION OF LIABILITY

12.1. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU UNDERSTAND AND AGREE THAT IN NO EVENT SHALL ANY HEALTH REPORTER PARTIES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH HEALTH REPORTER PROPERTIES OR ANY DAMAGES RESULTING FROM LOSS OF USE, DATA, OR PROFITS, WHETHER OR NOT HEALTH REPORTER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THE TERMS, ON ANY THEORY OF LIABILITY, RESULTING FROM: (1) THE USE OR INABILITY TO USE HEALTH REPORTER PROPERTIES OR (2) ANY OTHER MATTER RELATED TO HEALTH REPORTER PROPERTIES, WHETHER BASED ON WARRANTY, COPYRIGHT, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OUR AGGREGATE CUMULATIVE LIABILITY TO YOU ARISING OUT OF OR RELATED TO HEALTH REPORTERPROPERTIES SHALL IN NO EVENT EXCEED THE GREATER OF (A) THE AMOUNT RECEIVED BY HEALTH REPORTERAS A RESULT OF YOUR USE OF HEALTH REPORTERPROPERTIES OR (B) ONE HUNDRED DOLLARS ($100). YOU AND HEALTH REPORTER AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE TERMS, HEALTH REPORTER PROPERTIES OR ANY CONTENT POSTED ON HEALTH REPORTER PROPERTIES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN HEALTH REPORTER AND YOU.

13. ARBITRATION

13.1 Please read this Arbitration Agreement carefully. It is part of your contract with HEALTH REPORTER and affects your rights. It contains procedures for MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.
13.2. Except for disputes that qualify for small claims court, all disputes arising out of or related to these Terms or any aspect of the relationship between us and you, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory, will be resolved through final and binding arbitration before a neutral arbitrator instead of in a court by a judge or jury. You and Heath Reporter agree that you and Heath Reporter are each waiving the right to trial by a jury. Such disputes include, without limitation, disputes arising out of or relating to interpretation or application of this arbitration provision, including the enforceability, revocability or validity of the arbitration provision or any portion of the arbitration provision. All such matters shall be decided by an arbitrator and not by a court or judge.

13.3. You agree that any arbitration under the Terms will take place on an individual basis; class arbitrations and class actions are not permitted, and Client is agreeing to give up the ability to participate in a class action.

13.4. You may opt out of this agreement to arbitrate by emailing [email protected] with your first name, last name, and address within thirty (30) days of accepting this agreement to arbitrate, with a statement that you decline this arbitration agreement.

13.5. The arbitration will be administered by the American Arbitration Association under its Consumer Arbitration Rules, as amended by this Agreement. The Consumer Arbitration Rules are available online at https://www.adr.org/consumer. The arbitrator will conduct hearings, if any, by teleconference or video conference, rather than by personal appearances, unless the arbitrator determines upon request by you or us that an in-person hearing is appropriate. Any in-person appearances will be held at a location that is reasonably convenient to both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, such determination should be made by the AAA or by the arbitrator. The arbitrator’s decision will follow the terms of this Agreement and will be final and binding. The arbitrator will have authority to award temporary, interim or permanent injunctive relief or relief providing for specific performance of this Agreement, but only to the extent necessary to provide relief warranted by the individual claim before the arbitrator. The award rendered by the arbitrator may be confirmed and enforced in any court having jurisdiction thereof. Notwithstanding any of the foregoing, nothing in these Terms will preclude you from bringing issues to the attention of federal, state or local agencies and, if the law allows, they can seek relief against us for you.

14. GENERAL PROVISIONS

14.1. GOVERNING LAW. These terms are governed by the laws of Texas without regard to its principles of conflicts of law, and regardless of your location.
14.2 ELECTRONIC COMMUNICATIONS. The communications between you and Health Reporter use electronic means, whether you visit Health Reporter Properties or send Health Reporter e-mails, or whether Health Reporter posts notices on Health Reporter Properties or communicates with you via e-mail. For contractual purposes, you (1) consent to receive communications from Health Reporter in an electronic form; and (2) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Health Reporter provides to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing. The foregoing does not affect your statutory rights. You may request a copy of this Agreement or any other contractual document by contacting [email protected] Also, you The Client may contact us at any time by sending a message to [email protected]
14.3 ASSIGNMENT. The Terms, and your rights and obligations hereunder, may not be assigned, subcontracted, delegated, or otherwise transferred by you without Health Reporter’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void.

14.4 FORCE MAJEURE. Health Reporter shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, strikes or shortages of transportation facilities, fuel, energy, labor or materials.
14.5 COMPLIANCE. If you believe that Health Reporter has not adhered to the Terms, please contact HEALTH REPORTERby emailing us at [email protected] We will do our best to address your concerns. If you feel that your complaint has been addressed incompletely, we invite you to let us know for further investigation.
14.6.WAIVER. Any waiver or failure to enforce any provision of the Terms on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion.
14.7.SEVERABILITY. If any part of these Terms is found by a court of competent jurisdiction to be invalid, unlawful or unenforceable then such part shall be severed from the remainder of the Terms, which shall continue to be valid and enforceable to the fullest extent permitted by law.
14.8. ENTIRE AGREEMENT. The Terms are the final, complete and exclusive agreement of the parties with respect to the subject matter hereof and supersedes and merges all prior discussions between the parties with respect to such subject matter.

BY USING OR ACCESSING THE SERVICES, YOU HEREBY ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS, UNDERSTOOD IT, AND AGREE TO BE BOUND BY IT.