Terms of Use

MILLENNIUM PREVENTION, INC. TERMS OF USE

LAST UPDATED 2/25/2016

Thank you for visiting www.healthmain.com (the "Site"). These Terms of Use set forth the agreement between Millennium Prevention, Inc. (the "Company"), which owns, operates and maintains the Site, and each user governing the use of the Site. The Site is designed to provide a convenient, private and informative experience for our users in tracking, planning and managing nutrition, diet, exercise and other lifestyle behaviors as part of a healthy lifestyle, and to serve as a tool to enhance communications with your health care provider regarding disease prevention and health promotion. The Company and its affiliates ("we", "us", "our") have established the following terms and conditions so that we (and you) know what to expect from each other.

Please read these Terms of Use before using the Site. Your registration and use of the Site constitutes your agreement to be bound by these Terms of Use. If you do not agree to the terms and conditions contained in these Terms of Use, you may not access or otherwise use the Site. We may make changes to the Site, these Terms of Use, or the other policies and conditions that govern the use of our Site at any time. We encourage you to review our Site and these Terms of Use periodically for any updates or changes. Your continued access or use of our Websites shall be deemed your notification and acceptance of these changes.

OUR SITES DOES NOT PROVIDE ANY MEDICAL ADVICE

Information on the Site is provided for informational purposes only and is not intended as a substitute for the advice provided by your physician or other health care professional or any information contained on or in any product label or packaging. You should not use the information on the Site for diagnosing or treating a health problem or disease, or prescribing any medication or other treatment. You should always speak with your physician or other health care professional before taking any medication or nutritional, herbal or homeopathic supplement, and before initiating, changing or stopping a new diet or exercise regimen or any treatment for a health problem. If you have or suspect that you have a medical problem, promptly contact your health care provider. Never disregard professional medical advice or delay in seeking professional advice because of something you have read on the Site. Information provided on the Site DOES NOT create a doctor-patient relationship between you and any physician who may be affiliated with the Site or the Company.

PRIVACY

We respect your privacy in accordance with the terms of our Privacy Policy, which is incorporated by reference into these Terms of Use. While our relationship with you does not make us subject to the data privacy and security requirements of the Federal HIPAA laws and regulations, under some circumstances we are subject to HIPAA because of our relationships with health care providers. In any event, whether or not any particular record or relationship is subject to HIPAA these Terms of Use and the Privacy Policy offer you protections guaranteed by HIPAA and other applicable law. If your health care provider referred you to us we will ask you for your permission to share your personal information with your health care provider. We reserve the right to monitor our Site and to disclose any information recorded or posted on, submitted to, or transmitted through our Site to the extent that we, in our sole discretion, deem such disclosure necessary or appropriate to comply with any law, regulation, subpoena, or government request, to operate our Site, or to protect our rights or property or the rights or property of our users, consistent with our legal obligations. In addition, we are committed to protecting the privacy of children. The Site is not intended or designed to attract children under the age of 13 (see Usage of our Site by Minors, below). The Site does or will give you the option to share personal information stored on the Site with your health care provider or other third parties (e.g., by generating PDF versions of information stored on the Site). Once you download, save or share your personal information anywhere not on the Site, we are not responsible for its dissemination or release to third parties, whether or not intended to be shared by you. We will continue to maintain the privacy of your personal information stored on the Site. If you terminate your relationship with us and you were not referred to us by a health care provider, you may instruct us to delete all of your personal information from our records. Except as specifically provided herein or required by law, we will not share your name or any identifiable health information to others without your authorization. We may, however, share de-identified information with other persons from time to time. You have the right to inform us, in writing, that you do not want your de-identified information shared with other persons, in which case we will not share any such information after receipt of your instructions. Please review our Privacy Policy for more detailed information.

COPYRIGHT AND TRADEMARKS

"Millennium Prevention", "HealthMain" and all logos, page headers, custom graphics and icons are trademarks and/or service marks owned by the Company. All other trademarks, product names, and company and other organization names and logos appearing on the Site are the property of their respective owners.

Our Site contains information, data, software, photographs, graphics, videos, text, images, typefaces, sounds, and other material (collectively "Content") that are protected by copyrights, trademarks, or other proprietary rights, and these rights are valid and protected in all forms, media and technologies existing now or developed in the future. All Content is copyrighted under the United States copyright laws, and we own a copyright in the selection, coordination, arrangement, and enhancement of such Content.

You may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any of the Content, in whole or in part. All rights to such Content are reserved to their respective copyright owners. Except as permitted by the fair use privilege under the United States copyright laws (see e.g. 17 U.S.C. Section 107), you may not upload, post, reproduce, or distribute in any way Content protected by copyright, or other proprietary right, without obtaining permission of the owner of the copyright or other proprietary right. Any other use of the Content or the Site, including reproduction for purposes other than as noted above, modification, distribution, replication, commercial or other use, without our prior written permission, is strictly prohibited. If you violate any of these terms, your permission to use the Content will automatically terminate and you must immediately destroy any copies you have of any portion of the Content.

YOUR ACCOUNT OBLIGATIONS

In order to use the Site, you agree to provide true, accurate, current and complete information about yourself on the site registration form and to maintain and promptly update such account information. If (a) you provide any untrue or inaccurate information, (b) you share your login credentials or account access with another person for that person's use of the Site, (c) you use the Site to input another person's data using your login credentials, or (d) we have reasonable grounds to suspect that you have taken or permitted to be taken any of the actions described in clauses (a) (b) or (c), we may suspend or terminate your account and refuse all current and future use by you of Site.

You will receive login credentials (e.g., account name, password) after you have completed your membership application form and provided the required account information. You agree to maintain the security of your account on the Site, including the confidentiality of your login credentials, and you are fully responsible for all activities that occur under your login credentials. You agree to immediately notify us of any unauthorized use of your login credentials or any other breach of security.

YOUR CONDUCT ON OUR SITE

You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Site, use of the Site or access to the Site. You agree not to access our Site by any means other than through the interface provided by us. You understand that the robots.txt file specifies the only means by which robots are authorized to access our Site. You agree not to violate any of the robot access policies.

You hereby acknowledge that any violation of any of our policies may result in termination of your access to our Site, deactivation or deletion of your account and all related information and files in your account, and preclusion of any further access to such files or our Site, without prior notice.

USAGE OF OUR SITE BY MINORS

The Site is open only to registered users who have been granted access, typically due to their affiliation with a sponsoring organization (e.g., a health insurance company). All users who register with our Site must be 18 years of age or older or provide parental consent (see our Privacy Policy.) The Site includes general information that may be appropriate for minors. However, specific recommendations generated upon entering personal data are intended for adults only unless otherwise specifically indicated. You may share Site information, including your personal health and nutrition data, with other individuals, including minor children, for the purpose of engaging others as your coaches or advocates in pursuing health behaviors and/or lifestyles. Nothing on the Site is intended for those younger than 13.

DISCLAIMERS

The Site is provided for your use on an "as is," "as available" basis. We, along with our affiliates, officers, directors, employees, agents, third-party content providers, merchants, sponsors, licensors, or the like (collectively, "associates"), do not make any representations or warranties of any kind, express or implied, with respect to our Site or its Content, including, without limitation, the services or information offered, and the uninterrupted or error-free use of our Site. We expressly disclaim all such representations and warranties, including, without limitation, all warranties of merchantability, accuracy, timeliness, completeness, fitness for a particular purpose and non-infringement to the fullest extent permitted by law. We do not warrant that the Site or files available on the Site will be free from corrupted data, computer viruses or similar destructive or contaminating code. No oral advice or written information provided by us or our affiliates shall create a warranty of any kind. Your use of the Site and any website linked to our Site is expressly at your own risk.

All information contained on our Site, including information relating to medical and health conditions, products and treatments, is for informational purposes only, and is not medical advice. Such information is often presented in summary or aggregate form and is not meant to be a substitute for the advice provided by your physician or other medical professional(s) or for any information contained on or in any product packaging or labels. You should not use the information contained on the Site for the diagnosis of a health problem or the prescription of medication.

You should always consult your physician and medical advisors before using any services or information available on the Site. Information provided on the Site and the use of any information or services available on the Site by you DOES NOT constitute a doctor-patient relationship between you and any of the physicians affiliated with the Company or the Site.

Further, we explicitly disclaim any responsibility for any product, information or service or the accuracy, content, or availability of information found on other websites that contain links to or from our Site. Because some websites employ automated search results or otherwise link you to websites containing information that may be deemed inappropriate or offensive, we cannot be held responsible for the accuracy, copyright compliance, legality, or decency of material contained in third-party websites, and you hereby irrevocably waive any claim against us with respect to such websites.

LIMITATION OF LIABILITY

Under no circumstances shall we or any other party involved in creating, producing, or distributing the Site be liable for any direct, indirect, incidental, special or consequential damages or loss of profits, good will, use, data or other intangible losses (even if we have been advised of the possibility of such damages) that result from (i) any delay, failure, interruption or corruption of our Site or any data or information transmitted in connection with the use of the Site, (ii) personal injury or death caused by your use or misuse of the Site, (iii) the cost of procurement of substitute goods and services resulting from your use of any data, information or services purchased or obtained or messages received or transactions entered into, through or from the Site (iv) unauthorized access to or alteration of your transmissions or data, (v) statements or conduct of any third party on the Site or (vi) any other matter relating to our Site. You hereby acknowledge that this paragraph shall apply to all content and services available through our Site. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states, liability is limited to the fullest extent permitted by law.

Notwithstanding the above, our sole liability for any reason to you, and your sole and exclusive remedy for any cause or claim whatsoever, shall be limited to the amount paid by you for any information or service purchased by you from us through our Site.

INDEMNITY

You agree to indemnify, defend, and hold harmless us, our officers, directors, employees, agents, providers, merchants, sponsors, licensors and affiliates from and against all claims, actions, demands, judgments, losses, and liabilities (including, without limitation, costs, expenses and attorneys' fees) by you or any third-party resulting or arising, directly or indirectly, out of Content you submit, post to or transmit through our Site, your use of our Site, your connection to our Site, your violation of these Terms of Use, or your violation of any rights of another person.

OUR RIGHTS

We may elect to electronically monitor areas of our Site. We are not responsible for screening, policing, editing, or monitoring Content on our Site posted by anyone other than the Company, its employees, agents and contractors. If notified of allegedly infringing, defamatory, damaging, illegal, or offensive Content, we may investigate the allegation and determine, in our sole discretion, whether to remove or request the removal of such Content from the Site. We may terminate your access, or suspend your access to all or part of our Site, without notice, for any conduct that we believe, in our sole discretion, is in violation of any applicable law or is harmful to us, our interests or the interests of another user, a third-party provider, merchant, sponsor, licensor, or service provider.

APPLICABLE LAW; JURISDICTION AND VENUE

We control our Site from our offices within the United States. We make no representation that the Content on our Site is appropriate, legal or available for use in other locations. Those who choose to access our Site from other locations do so on their own initiative and are responsible for compliance with applicable local laws. You may not use or export the Content in violation of United States export laws and regulations. Any claim relating to our Site, the services provided through our Site or the Content shall be governed by the internal laws of the Commonwealth of Massachusetts, without reference to its choice of law provisions. If there is a dispute between you and us, you expressly agree that exclusive jurisdiction and venue reside in the state and federal courts located in Boston, Massachusetts.

TERMINATION

These terms are effective until terminated by either party. If you no longer agree to be bound by these Terms of Use, you must cease your use of the Site. Subject to applicable law, we reserve the right to suspend or deny, in our sole discretion, your access to all or any portion of the Site with or without notice. You agree that any termination of your access to the Site may be effected without prior notice, and acknowledge and agree that we may immediately deactivate or delete your account and all related information and files in your account and bar any further access to such files or our Site. Further, you agree that we shall not be liable to you or any third-party for any termination of your access to our Site.

ADVERTISING POLICY

We clearly identify those items which are advertisements or event promotions separately from those items which contain editorial content.

GENERAL INFORMATION

These Terms of Use constitute the entire agreement between you and us and govern the use of our Site. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software. Our failure to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. If any provision of these Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of these Terms of Use remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Site or these Terms of Use must be filed within one year after such claim or cause of action arose or be forever barred. The section titles in the Terms of Use are for convenience only and have no legal or contractual effect.