Health Together User Agreement
Effective Date: June 28, 2021.
The terms and conditions contained in this Health Together User Agreement ("Terms") shall govern your access to and use of the websites, mobile apps, widgets, and other online products and services (collectively, the "Services") provided by Healthenly, LLC, doing business as Health Together ("Health Together," "we," or "us").
By accessing or using our Services, you agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use our Services.
1. I understand that Health Together is not a medical care or advice delivery platform!
(This is reinforced in item 8 below, but we want to make it very clear, right here at the top!) I understand that Health Together, its volunteer and paid moderators, as well as the participants in the Health Together community, cannot diagnose or treat medical conditions. Further, I understand that Health Together’s discussion boards and private rooms are not meant for medical consultations, and I understand that I can and should consult with my own physician, or appropriate medical professionals, before undertaking any course of treatment or undertaking any change to my course of treatment. Finally, I understand Health Together is a community of peers supporting each other and sharing information, but that such information and/or advice is not verified, validated or endorsed by Health Together.
2. Your Access to the Services
Children under the age of 18 are not allowed to create an account or otherwise use the Services.
If you are accepting these Terms on behalf of another legal entity, including a business or a government, you represent that you have full legal authority to bind such entity to these Terms.
3. Your Use of the Services
Health Together grants you a personal, non-transferable, non-exclusive, revocable, limited license to use and access the Services solely as permitted by these Terms. We reserve all rights not expressly granted to you by these Terms.
Except as permitted through the Services or as otherwise permitted by us in writing, your license does not include the right to:
- license, sell, transfer, assign, distribute, host, or otherwise commercially exploit the Services or Content;
- modify, prepare derivative works of, disassemble, decompile, or reverse engineer any part of the Services or Content; or
- access the Services or Content in order to build a similar or competitive website, product, or service.
We reserve the right to modify, suspend, or discontinue the Services (in whole or in part) at any time, with or without notice to you. Any future release, update, or other addition to functionality of the Services will be subject to these Terms, which may be updated from time to time. You agree that we will not be liable to you or to any third party for any modification, suspension, or discontinuation of the Services or any part thereof.
4. Your Health Together Account and Account Security
5. Your Content
The Services may contain information, text, links, graphics, photos, videos, or other materials (“Content”), including Content created with or submitted to the Services by you or through your Account (“Your Content”). We take no responsibility for and we do not expressly or implicitly endorse any of Your Content.
Because you alone are responsible for Your Content, you may expose yourself to liability if you post or share Content without all necessary rights.
By submitting Your Content to the Services, you represent and warrant that you have all rights, power, and authority necessary to grant the rights to Your Content contained within these Terms, and that Your Content complies with Health Together's Community Rules and any applicable laws or regulations.
You retain any ownership rights you have in Your Content. You consent to our use of Your Content to provide the Services to you and other Health Together users.
Any ideas, suggestions, and feedback about Health Together or our Services that you provide to us are entirely voluntary, and you agree that Health Together may use such ideas, suggestions, and feedback without compensation or obligation to you.
Although we have no obligation to screen, edit, or monitor Your Content, we may, in our sole discretion, delete or remove Your Content at any time and for any reason including with or without limitation for a violation of these Terms, a violation of our Community Rules, or if you otherwise create liability for us.
6. Third-Party Content, Advertisements and Promotions
The Services may contain links to third-party websites, products, or services, which may be posted by advertisers, our affiliates, our partners, or other users (“Third-Party Content”). Third-Party Content is not under our control, and we are not responsible for any third-party websites, products, or services. Your use of Third-Party Content is at your own risk and you should make any investigation you feel necessary before proceeding with any transaction in connection with such Third-Party Content.
The Services may also contain sponsored Third-Party Content or advertisements. The type, degree, and targeting of advertisements are subject to change, and you acknowledge and agree that we may place advertisements in connection with the display of any Content or information on the Services, including Your Content.
7. Acceptable Use of the Services
Your access and use of the Services must comply with these Terms and the Community Rules.When accessing or using our Services, you will not:
- Attempt to circumvent any content-filtering techniques we use;
- Use the Services to violate applicable law or infringe any person or entity's intellectual property or any other proprietary rights;
- Attempt to gain unauthorized access to another user’s Account or to the Services (or to other computer systems or networks connected to or used together with the Services);
- Upload, transmit, or distribute to or through the Services any computer viruses, worms, or other software intended to interfere with the intended operation of a computer system or data;
- Use the Services to harvest, collect, gather, or assemble information or data regarding the Services or users of the Services except as permitted in these Terms or in a separate written agreement with Health Together;
- Use the Services in any manner that could interfere with, disrupt, negatively affect, or inhibit other users from fully enjoying the Services or that could damage, disable, overburden, or impair the functioning of the Services in any manner;
- Intentionally negate any user's actions to delete or edit their Content on the Services; or
- Access, query, or search the Services with any automated system, other than through our published interfaces and pursuant to their applicable terms; and/or
- Inundate a target with communications requests so the target either cannot respond to legitimate traffic or responds so slowly that it becomes ineffective.
8. Prohibition Against Medical Advice and Providing Health Care
HEALTH TOGETHER IS NOT A HEALTH CARE PROVIDER AND YOU AGREE NOT TO USE THE SERVICES TO PROVIDE HEALTH CARE. INFORMATION AND CONTENT RECEIVED OR PROVIDED THROUGH THE SERVICES IS NOT INTENDED TO BE A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. 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 OR SEEN ON THE HEALTH TOGETHER SITE.
IF YOU THINK YOU MAY HAVE A MEDICAL EMERGENCY, SEEK PROFESSIONAL MEDICAL CARE IMMEDIATELY. HEALTH TOGETHER DOES NOT RECOMMEND OR ENDORSE ANY SPECIFIC TESTS, PHYSICIANS, PRODUCTS, PROCEDURES, OPINIONS, OR OTHER INFORMATION THAT MAY BE MENTIONED ON healthtogether.us. RELIANCE ON ANY INFORMATION PROVIDED BY healthtogether.us, healthtogether.us EMPLOYEES, CONTRACTED WRITERS, CONTRIBUTING MEMBERS, "HEALTHANGELS," OR MEDICAL PROFESSIONALS CONTRIBUTING TO healthtogether.us IS SOLELY AT YOUR OWN RISK.
9. Forming Teams and Private Rooms
We are not responsible for actions taken by those who create teams of those who participate in teams. We recognize that Teaming can take some work, so we may change the features or abilities associated with team leadership and membership from time to time without prior notice. We reserve the right to revoke or limit a user’s ability to create or lead a Team at any time and for any reason or no reason, including for a breach of these Terms.If you choose to create a Team:
- You agree to follow the Health Together Team Leadership Guidelines;
- You agree that when you receive reports for breach of terms related to your team, you will take action to moderate by removing content and/or escalating to the admins for review;
- You may not represent that you are authorized to act on behalf of Health Together;
- You may not enter into any agreement with a third party on behalf of Health Together, or any Health Together team that you lead or moderate;
- You may not perform leadership actions in return for any form of compensation or favor from third parties;
- You may not offer or provide any form of compensation or favor to third parties in return for participation or action on a Team under your leadership;
- If you have access to non-public information as a result of leading or participating in a team on Health Together, you will use such information only in connection with your performance for that team; and
- You may create and enforce rules for a Health Together team you lead, provided that such rules do not conflict with these Terms, our Content Policy, and the Health Together Team Leadership Guidelines.
Health Together reserves the right, but has no obligation, to overturn any action or decision of a Team Leader if Health Together believes that such action or decision is not in the interest of Health Together or the Health Together community.
10. Copyright, the DMCA & Takedowns
Health Together respects the intellectual property of others and requires that users of our Services do the same. If you believe that anything on our Services infringes a copyright that you own or control, you may notify Health Together’s Designated Agent by contacting:
Copyright Agent | Health Together, LLC | Box 582 | Williamsburg, MA 01096 | firstname.lastname@example.org
Please provide Health Together's Designated Agent with the following information in writing:
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- A description of the copyrighted work that you claim has been infringed upon;
- A description of where the material that you claim is infringing is located on the Site;
- Your address, telephone number, and email address;
- A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Also, please note that if you knowingly misrepresent that any activity or material on our Service is infringing, you may be liable to Health Together for certain costs and damages. If you do file a copyright infringement complaint, please include as much detail as possible.
If we remove Your Content in response to a copyright or trademark notice, we will notify you via Health Together’s private messaging system. If you believe Your Content was wrongly removed due to a mistake or misidentification, you can send a counter notification to our Copyright Agent (contact information provided above). Please see 17 U.S.C. §512(g)(3) for the requirements of a proper counter notification.
Except to the extent prohibited by law, you agree to defend, indemnify, and hold us, our licensors, our third party service providers and our officers, employees, licensors, and agents (the “Health Together Entities”) harmless, including costs and attorneys’ fees, from any claim or demand made by any third party due to or arising out of (a) your use of the Services, (b) your violation of these Terms, (c) your violation of applicable laws or regulations, or (d) Your Content. We reserve the right to control the defense of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims.
THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. Health Together, ITS LICENSORS, AND ITS THIRD PARTY SERVICE PROVIDERS DO NOT WARRANT THAT THE SERVICES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR FREE. Health Together DOES NOT CONTROL, ENDORSE, OR TAKE RESPONSIBILITY FOR ANY CONTENT AVAILABLE ON OR LINKED TO THE SERVICES OR THE ACTIONS OF ANY THIRD PARTY OR USER INCLUDING, WITHOUT LIMITATION, MODERATORS. WHILE Health Together ATTEMPTS TO MAKE YOUR ACCESS TO AND USE OF OUR SERVICES SAFE, WE DO NOT REPRESENT OR WARRANT THAT OUR SERVICES OR SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
13. Limitation of Liability
IN NO EVENT AND UNDER NO THEORY OF LIABILITY, INCLUDING CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, WARRANTY, OR OTHERWISE, WILL THE Health Together ENTITIES BE LIABLE TO YOU FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, OR LOST PROFITS ARISING FROM OR RELATING TO THESE TERMS OR THE SERVICES, INCLUDING THOSE ARISING FROM OR RELATING TO CONTENT MADE AVAILABLE ON THE SERVICES THAT IS ALLEGED TO BE DEFAMATORY, OFFENSIVE, OR ILLEGAL. ACCESS TO, AND USE OF, THE SERVICES IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR COMPUTER SYSTEM, OR LOSS OF DATA RESULTING THEREFROM. IN NO EVENT WILL THE AGGREGATE LIABILITY OF THE Health Together ENTITIES EXCEED THE GREATER OF ONE HUNDRED U.S. DOLLARS ($100) OR ANY AMOUNT YOU PAID Health Together IN THE PREVIOUS SIX MONTHS FOR THE SERVICES GIVING RISE TO THE CLAIM. THE LIMITATIONS OF THIS SECTION WILL APPLY TO ANY THEORY OF LIABILITY, INCLUDING THOSE BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, AND EVEN IF THE Health Together ENTITIES HAVE BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF ANY REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED ITS ESSENTIAL PURPOSE. THE FOREGOING LIMITATION OF LIABILITY WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. THERE IS NO PERSONAL LIABILITY UNDER ANY CONDITION OR CIRCUMSTANCE FOR ANY OFFICER, EMPLOYEE, OWNER, SHAREHOLDER, OR AGENT OF Health Together.
14. Governing Law and Venue
We want you to enjoy Health Together, so if you have an issue or dispute, you agree to raise it and try to resolve it with us informally. You can contact us with feedback and concerns here or by emailing us at contact@Healthenly.org.
Except for the government entities listed below: any claims arising out of or relating to these Terms or the Services will be governed by the laws of the Commonwealth of Massachusetts, other than its conflict of laws rules; all disputes related to these Terms or the Services will be brought solely in the federal or state courts located in Boston, Massachusetts; and you consent to exclusive jurisdiction and venue in such courts.
15. Changes to these Terms
We reserve the right to make changes to these Terms from time to time. If we make changes, we will post the amended Terms to our Services and update the Effective Date above. By continuing to access or use the Services on or after the Effective Date of the revised Terms, you agree to be bound by the revised Terms. If you do not agree to the revised Terms, you must stop accessing and using our Services before the changes become effective.
16. Additional Terms
Because we offer a variety of Services, you may be asked to agree to additional terms before using a specific product or service offered by Health Together (“Additional Terms”). To the extent any Additional Terms conflict with these Terms, the Additional Terms govern with respect to your use of the corresponding Service.
You may terminate this User Agreement at any time and for any reason by deleting your Account and discontinuing your use of all Services. If you stop using the Services without deactivating your Accounts, your Accounts may be deactivated due to prolonged inactivity.
We may suspend or terminate your Accounts, status as a Team Leader, or ability to access or use the Services at any time for any or no reason, including for a violation of these Terms or our Community Rules. The following sections will survive any termination of these Terms or of your Accounts: 4 (Your Content), 6 (Acceptable Use of the Services), 10 (Indemnity), 11 (Disclaimers), 12 (Limitation of Liability), 13 (Governing Law and Venue), 16 (Termination), and 17 (Miscellaneous).
These Terms constitute the entire agreement between you and us regarding your access to and use of the Services. Our failure to exercise or enforce any right or provision of these Terms will not operate as a waiver of such right or provision. If any provision of these Terms is, for any reason, held to be illegal, invalid or unenforceable, the rest of the Terms will remain in effect. You may not assign or transfer any of your rights or obligations under these Terms without our prior written consent. We may freely assign these Terms.
Williamsburg, MA 01096