Welcome to the To Your Health, NY website (this “Site”) provided by Toyourhealthny.com (“To Your Health, NY,” “we,” “us,” or “our”).
1. DESCRIPTION OF THE SITE
To Your Health, NY collects information and other data regarding health and wellness businesses and other providers of health and wellness products and services (collectively, “Health and Wellness Providers”) from various sources. We organize key information to help individuals make informed choices in their search for Health and Wellness Providers. To Your Health, NY provides profiles, listings, objective and subjective ratings or reviews, feedback, comments, lists based on specific criteria (e.g., in the form of search results), and other information, profiles and materials provided by us or our users (Site content provided by registered and non-registered users, collectively, “User Content”), regarding Health and Wellness Providers as well as articles, editorials, and personal accounts in our Blog and Forum(s) (collectively, the “Site Materials” or “components”).
The Site and its Site Materials are offered for informational purposes; that said, Site Materials may include statements of opinion from us, our users, and other contributors. However, Site Materials are not intended to be relied upon for medical diagnoses or treatment. Always seek the advice of your physician or other qualified healthcare providers for answers to any questions you may have regarding a medical or health-related condition. To Your Health, NY is not a Health and Wellness Provider and cannot recommend or refer you to any Health and Wellness Provider. Never disregard medical advice or delay in seeking it because of something you have read on our Site or Site Materials. Reliance on the Site and Site Materials is solely at your own risk.
To Your Health, NY and its licensors, suppliers and affiliates (collectively, the “Affiliates”), and the directors, officers, agents, and representatives of each, assume no (and hereby disclaim all) responsibility or liability of any kind, for any advice, treatment or other services rendered by any Health and Wellness Provider, or for any malpractice claims and other claims that may arise directly or indirectly from any such advice, treatment or other services.
2. USING THE SITE
To use To Your Health, NY and its components, you must be 18 years or older and have the power and authority to enter into and form binding contracts under applicable law. Your use of the Site and Site Materials is at your own risk, including the risk that you might be exposed to User Content that is offensive, indecent, inaccurate, objectionable, or otherwise inappropriate.
You are solely responsible for maintaining the confidentiality of any password associated with your User Account and for all activities and User Content associated with your User Account. You agree to notify us immediately of any unauthorized use of your account. We reserve the right to close your account at any time for any or no reason.
By creating an account, you agree to receive certain communications in connection with the Site. For example, you may receive notifications of updated forums or promotions. You will also receive our e-mail newsletter with information on Health and Wellness Providers. You can opt out of non-essential communications at any time at the bottom of each email.
To certain portions of the Site, including without limitation the Health and Wellness Provider Directory, you may upload (or authorize others to upload) User Content that includes text, images, video, or other materials.
You alone are responsible for Your User Content, and once published, it cannot always be withdrawn. You assume all risks associated with Your User Content, including anyone’s reliance on its quality, accuracy, or reliability, or any disclosure by you of information in Your User Content that makes you personally identifiable. To edit or delete Your User Content, you must email us. Please note that we will retain copies of Your User Content, whether or not it has been deleted, among other data backed up during regular Site maintenance.
By uploading (or authorizing others to upload) User Content to the Site:
1. You represent that you own, or have the permissions to use and to authorize the use of, Your User Content.
2. You agree that we may use Your User Content in various ways, including publicly displaying it, reformatting it, incorporating it into advertisements and other works, creating derivative works from it, promoting it, distributing it, and allowing others to do the same in connection with their own websites and media platforms (“Other Media”).
As such, you hereby irrevocably grant us worldwide, perpetual, non-exclusive, royalty-free, assignable, sublicensable, transferable rights to use Your User Content for any purpose. Please note that you also irrevocably grant the users of the Site and any Other Media the right to access Your User Content in connection with their use of the Site and any Other Media.
Finally, you irrevocably waive against To Your Health, NY and its users any claims and assertions of moral rights or attribution with respect to Your User Content. By “use” we mean use, copy, publicly perform and display, reproduce, distribute, modify, translate, remove, analyze, commercialize, and prepare derivative works of Your User Content.
*Please note: individuals and businesses that pull quotes or information from the Site must cite their origin, using our logo and a link to our Site.
3. You represent and warrant that any User Content submitted by you, including without limitation to the Site Materials and in interactions with other Users, will not contain material that:
• is false, inaccurate, misleading, deceptive, fraudulent, illegal, libelous, abusive, threatening, defamatory, invasive of privacy, infringing of intellectual property right, or otherwise injurious or objectionable to third parties or fraudulent;
• discriminates against, ridicules, harasses or disparages an individual or group for any reason, or on the basis of race, religion, national origin, gender, sexual orientation, marital status, age, disability or any other status that To Your Health, NY deems inappropriate for the Site;
• consists of or contains software viruses, political campaigning, commercial solicitation (except with respect to your paid advertising, if any, on the Site), chain letters, mass mailings, or any form of “spam;”
• breaches or will breach any of the terms of this Agreement, violates or will violate any applicable law or will cause injury to any person or entity; and
• To Your Health, NY deems, in its sole discretion, objectionable or inappropriate for the Site.
We will not be responsible for any User Content. We do not systematically review User Content for conformity with this Agreement, but we reserve the right (but do not have any obligation) to review and remove or edit any User Content at our sole discretion. If you believe that any User Content infringes your intellectual property rights, please contact us as directed in the section below, entitled “Notice for Claims of Intellectual Property Violations and Agent for Notice”. Please note that you are solely responsible for protecting and enforcing any intellectual property and other rights in your User Content. We shall have no obligation to do so on your behalf.
We may disclose your account information and/or User Content if required to do so by law, or in our good faith belief that such disclosure is reasonably necessary to (a) comply with legal process, (b) enforce the Agreement; (c) respond to claims that any pattern or User Content violates the rights of third parties, (d) respond to your requests for customer services, or (e) protect the rights, property, or personal safely of us, the Users and/or the public.
4. OWNERSHIP AND LICENSE OF INTELLECTUAL PROPERTY
We own and will continue to own all rights, titles, and interest in and to (1) the Site and its Site Materials, including, without limitation, all source code, object code, rating system, methodology, operating instructions, and interfaces developed for or relating to the Site; (2) all modification, enhancements, revisions, changes, copies, partial copies, translations, compilations, improvement, and derivative works of the foregoing, and all intellectual property right therein; and (3) any Content. Except as expressly permitted in this Agreement, you have no rights in or to any of the foregoing.
5. NOTICE FOR CLAIMS OF INTELLECTUAL PROPERTY VIOLATIONS AND AGENT FOR NOTICE
If you believe in good faith that any Content on our Site infringes your copyright, you (or your agent) may send us a notice requesting that we remove or block access to the infringing material. Your notice to us must include the following information:
1. an electronic or physical signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed;
2. identification of the copyrighted work or other intellectual property that you claim has been infringed upon;
3. a description of where the material that you claim is infringing is located on the Site, with sufficient detail that we may find it on the Site;
4. your address, telephone number, and email address;
5. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law;
6. information, if possible, sufficient to permit us to notify the owner/ administrator of the allegedly infringing content; and
7. a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
If you believe in good faith that someone has wrongfully filed a notice of copyright infringement against you, the Digital Millennium Copyright Act (the “DMCA”) permits you to send us a counter-notice. Notices and counter-notices must meet the then current statutory requirements imposed by the DMCA.
7. ADVERTISING POLICY, AFFILIATE DISCLOSURE, AND THIRD PARTY WEBSITES
To Your Health, NY accepts paid advertisements, including but not limited to banner advertisements, premium business listings, and sponsored posts; furthermore, To Your Health, NY does, from time to time, participate in affiliate programs, involving some, but not all, of the links at the Site. To Your Health, NY will accept products to review and will include a disclaimer on all products received to review. All sponsored posts will be labeled as such and visible to readers.
To Your Health, NY does not endorse, make claim to or verify any of the information found on third-party websites including advertisers and affiliates. Your use of third-party sites is at your own risk.
8. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
WE CONTROL AND OPERATE THE SITE FROM WITHIN THE UNITED STATES OF AMERICA. WE MAKE NO REPRESENTATION THAT CONTENT IS APPROPRIATE OR AUTHORIZED FOR USE IN ALL COUNTRIES, STATES OR OTHER JURISDICTIONS. WHEN YOU ACCESS THE SITE, YOU DO SO ON YOUR OWN INITIATIVE AND RISK AND YOU ARE RESPONSIBLE FOR COMPLIANCE WITH ALL APPLICABLE LAWS.
THE SITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU IN CONNECTION WITH THE SITE ARE PROVIDED BY US ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IN ADDITION, WE DO NOT WARRANT THAT THE SITE, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU VIA THE SITE, OUR SERVERS, OR E-MAIL SENT FROM US IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
WE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE SITE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.
YOU HEREBY RELEASE US, OUR DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS (THE “RELEASED PARTIES”) FROM ANY AND ALL CLAIMS AND DAMAGES, WHETHER KNOWN OR UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED TO YOUR OR ANYONE ELSE’S USE OF THE SITE OR ANY ACT OR OMISSION OF ANY RELEASED PARTY. IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE §1542, WHICH STATES AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”
You will indemnify, hold harmless and, at our option, defend us, our parent and our affiliates and each of their respective officers, employees, agents, licensees, successors, and assigns from and against any claim, cause of action or demand, including without limitation reasonable legal and accounting fees, by any third party as a result of your breach of any term of this Agreement, your violation of any law or the rights of a third party, or your use of the Site.
10. NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the Site, you warrant that you will not use the Site for any purpose that is prohibited by any applicable law or regulation or by this Agreement, as it may be amended from time to time.
11. TERMINATION; CHANGE IN SERVICE
We reserve the right, in our sole discretion, to restrict, suspend or terminate your access to all or any part of the Site at any time, for any or no reason, without prior notice or liability. If your access has been terminated, do not attempt to rejoin the community using a false name or contact information. We may change, suspend or discontinue all or any aspect of the Site at any time, including the availability of any feature, database, or content, without prior notice or liability.
• Applicable Law; Disputes. By visiting the Site, you agree that the laws of the State of New York, without regard to the principles of conflict of laws, will govern the terms of this Agreement and any dispute that may arise. Any such dispute may be heard only in the federal and state courts in the County of Kings, State of New York, and you hereby submit to the exclusive jurisdiction and venue of such courts.
• Survival. The intellectual property rights, licenses, representations, warranties, releases, disclaimers and indemnities set forth and contained in this Agreement, as well as the entire Miscellaneous section, shall survive the termination or expiration of this Agreement or your account and/or the cessation of your use of the Site.
• Headings. The section headings in this Agreement are for convenience only and shall not affect in any way the interpretation of this Agreement or any of the terms and conditions herein.
• Severability. If any term or provision of this Agreement is held to be invalid or unenforceable, the remaining portions will continue to be valid and will be performed, construed, and enforced to the fullest extent permitted by law, and the invalid or unenforceable term will be deemed amended and limited in accordance with the intent of the parties, as determined from the face of the Agreement, to the extent necessary to permit the maximum enforceability or validation of the term or provision.
• No Waiver. No waiver (in whole or in part, express or implied) of any right or remedy provided for in this Agreement shall be understood to waive any other right or remedy. No delay or failure by us to exercise any right or remedy shall operate as a waiver thereof.