Terms &
Conditions of Use
By accessing or using any of the Health2047, Inc. Internet properties including, without limitation, www.health2047.com, and any others released by Health2047, Inc. from time to time (collectively referred to as the “HEALTH2047 websites”) you agree to comply with and be bound by these Terms of Use. Please read these Terms of Use carefully as well as Health2047, Inc.’s Privacy Policy, which are incorporated by this reference. If you do not agree to these Terms of Use and the Privacy Policy, you must immediately terminate your use of the Health2047 websites.
- License Grant. You are granted a personal, revocable, limited, non-exclusive, non-transferable license to access and use Health2047 websites conditioned on your continued acceptance of, and compliance with, these Terms of Use. You may use Health2047 websites and Health2047 Content (as defined below) for your noncommercial personal use and for no other purpose. Health2047, Inc. reserves the right to bar, restrict or suspend any user’s access to Health2047 websites, and/or to terminate this license at any time for any reason. Health2047, Inc. reserves any rights not explicitly granted in these Terms of Use.
- License Restrictions. Unless otherwise expressly stated in these Terms of Use or you receive Health2047, Inc.’s prior written consent, you may not modify, translate, create derivative works of, copy, distribute, market, display, remove or alter any proprietary notices or labels from, lease, sell, sublicense, clone, transfer, decompile, reverse engineer, or incorporate into any information retrieval system (electronic or mechanical), Health2047 websites, any Health2047 Content (as defined below), or any portion thereof. Further, you may not (i) use Health2047 websites for any unauthorized or illegal purpose or activity including, but not limited to, any activity to obtain or attempt Content; (ii) interfere with the proper working of Health2047 websites including, but not limited to, the transmission of any virus, worm, trap door, back door, timer, clock, Trojan horse, or other limiting routine, instruction or design; or (iii) interfere with any other person’s use and enjoyment of Health2047 websites.
- Your Acceptance; Revisions to Terms of Use. Health2047 websites are available only to individuals who can enter into legally binding contracts under applicable law. These Terms of Use constitute a legally binding agreement between you and Health2047, Inc. regarding your use and access to Health2047 websites. By using Health2047 websites you agree to the Terms of Use. Health2047, Inc. reserves the right to revise these Terms of Use at any time in its sole discretion by posting revised Terms of Use to Health2047 websites. Your use of Health2047 websites signifies your acceptance of all the terms and conditions contained within the Terms of Use posted at the time of your use. You will be responsible for regularly reviewing the Terms of Use posted to Health2047 websites. No revision to these Terms of Use, including to the Arbitration provision set forth in Section 23, shall apply to a controversy or claim of which Health2047, Inc. had actual notice on or before the date of any such revision.
- Additional Terms and Conditions. Health2047, Inc.’s Privacy Policy, as well as additional terms and conditions applicable to certain portions of Health2047 websites (collectively “Additional Terms and Conditions”) are incorporated by this reference. To the extent that there is a conflict between these Terms of Use and any Additional Terms and Conditions for the activity in which you choose to participate, the Additional Terms and Conditions shall govern.
- Privacy Policy. For information about Health2047, Inc.’s data protection practices and Health2047, Inc.’s use and protection of your personal information, please read Health2047, Inc.’s Privacy Policy which is incorporated into and made a part of these Terms of Use.
- User Obligations. You warrant that you will abide by all applicable local, state, national and international laws and regulations with respect to your use of Health2047 websites and not interfere with the use and enjoyment of Health2047 websites by other users or with Health2047, Inc.’s operation and management of Health2047 websites. You will, at all times, provide true, accurate, current, authorized, and complete information when submitting information or materials on Health2047 websites, including, without limitation, information required to be provided through an Health2047, Inc. registration form. If any false, inaccurate, untrue, unauthorized or incomplete information is submitted by you, Health2047, Inc. reserves the right to terminate your access and use of Health2047 websites. You warrant that you will not impersonate any other person or entity, whether actual or fictitious, when using Health2047 websites, or defame or otherwise harm any party, including Health2047, Inc., through your use of Health2047 websites.
- User-Generated Content. Health2047, Inc. does not claim ownership of content that you post on or through Health2047 websites, such as comments or posts that you submit on forums, blogs, or other websites (“User-Generated Content”). You also acknowledge that you alone are fully responsible for the User-Generated Content you submit and that you own or have the rights to use the User-Generated Content. You agree that by submitting the User-Generated Content, you hereby grant to Health2047, Inc. a perpetual, non-exclusive, fully paid and royalty-free, transferable, sub-licensable, worldwide license to use, download, duplicate, display, distribute, modify and creative derivative works of the User-Generated Content, subject to Health2047, Inc.’s Privacy Policy.
- Proprietary Rights. The content of Health2047 websites includes, without limitation, (i) Health2047, Inc.’s trademarks, service marks, logos, brands, and brand names, trade dress and trade names and other distinctive identification (collectively “Health2047 Marks”); and (ii) information, data, materials, interfaces, computer code, databases, products, services, software applications and tools, text, images, photographs, audio and video material, and artwork, and (iii) the design, structure, selection, compilation, assembly, coordination, expression, functionalities, applications, look and feel, and arrangement of any content contained in or available through Health2047 websites (the items identified in subsections (i) (ii) and (iii) shall be collectively referred to herein as “Health2047 Content”). Health2047 Content is the property of Health2047, its licensors, sponsors, partners, advertisers, content providers or other third parties and is protected by law including, but not limited to, United States copyright, trade secret, patent, and trademark law, as well as other state, national and international laws, treaties and regulations. The reproduction, transmission, distribution, sale, publication, broadcast, circulation or dissemination of any Health2047 Content by you, or by you through any other person or entity, is prohibited unless express written consent is separately obtained from Health2047, Inc. or the owner of such content if Health2047, Inc. is not the owner. Any use of Health2047 Marks without Health2047, Inc.’s express written consent is strictly prohibited. You may not alter, delete, obscure or conceal any copyright or other notices appearing in Health2047 Content, including any such notices appearing on any Health2047 Content you are permitted to download, transmit, display, print, or reproduce from Health2047 websites.
- Responsibility for Use of the Internet and Health2047 websites. Use of the Internet and Health2047 websites is solely at your risk and is subject to all applicable local, state, national and international laws and regulations. Health2047, Inc. does not guarantee the confidentiality or security of any communication or other material transmitted to or from Health2047 websites over the Internet or other communication network. Health2047, Inc. shall not be obligated to correct or update Health2047 websites, Health2047 Content or the User-Generated Content and Health2047, Inc. shall not be liable for omissions, typographical errors, or out-of-date information which may appear on Health2047 websites.
- Medical Disclaimer. Health2047 Content is provided for informational purposes only and is not intended as medical advice, or as a substitute for the medical advice of a physician.
- Third Party Information. Health2047 websites may feature materials, information, products, and services provided by third parties. Any such information, including but not limited to articles, press clippings, opinions, advice, statements, services, offers, User-Generated Content or other information made available by third parties such as content providers and other users of Health2047 websites are those of the respective third party and not of Health2047, Inc. or its affiliates. Health2047, Inc. makes no representation with respect to, nor does it guarantee or endorse, the quality, non-infringement, accuracy, completeness, timeliness, or reliability of such third-party materials, information, services or products.
- Links to Third Party websites. Health2047 websites may provide links (including any link through an on-line banner advertisement) to other sites on the Internet for your convenience. These other sites are maintained by third parties over which Health2047, Inc. exercises no control. The appearance of any such third party links (provided by Health2047, Inc. or by a third party) is not intended to endorse any particular company or product. If you decide to access any of the third party sites linked to Health2047 websites, you do so entirely at your own risk.
- Links to Health2047 websites and Health2047 Content. Links posted by third parties to Health2047 websites and/or Health2047 Content may not use Health2047, Inc. trademark or logo and shall not suggest that Health2047, Inc. promotes or otherwise endorses any third party products, business relationships, services, causes, campaigns, websites, content, or information. Any links to any portion of Health2047 websites shall be the responsibility of the linking party. Health2047, Inc. reserves the right to require any linking party to disable or remove any link that violates Health2047, Inc.’s rights or causes interruption or deterioration of Health2047 Content.
- Warranties Disclaimed. HEALTH2047 WEBSITES AND HEALTH2047 CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE.” NEITHER HEALTH2047, INC., ITS AFFILIATES, SUBSIDIARIES, EMPLOYEES, OFFICERS, OR TRUSTEES NOR ANY OF ITS AGENTS, REPRESENTATIVES, SUPPLIERS, ADVERTISERS, PROMOTIONAL PARTNERS, OR LICENSORS (COLLECTIVELY “HEALTH2047 PARTIES”) PROVIDE ANY EXPRESS OR IMPLIED REPRESENTATION OR WARRANTY OF ANY KIND, INCLUDING WITHOUT LIMITATION, ANY REPRESENTATION OR WARRANTY THAT (i) HEALTH2047 WEBSITES OR HEALTH2047 CONTENT, OR ANY RESULTS THAT MAY BE OBTAINED BY YOU, ARE COMPLETE, ACCURATE, RELIABLE OR NON-INFRINGING; (ii) ACCESS TO HEALTH2047 WEBSITES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; (iii) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH HEALTH2047 WEBSITES WILL MEET YOUR EXPECTATIONS; OR (iv) HEALTH2047 CONTENT WILL REMAIN UNCHANGED OR ACCESSIBLE ON HEALTH2047 WEBSITES. ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND/OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY.
- Limitation of Liability. HEALTH2047, INC. PARTIES SHALL NOT BE LIABLE, AND DISCLAIM ANY LIABILITY, FOR ANY CLAIM, LOSS OR DHEALTH2047GE, DIRECT OR INDIRECT, INCLUDING, WITHOUT LIMITATION, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, EXEMPLARY OR PUNITIVE DHEALTH2047GES OF ANY KIND WHATSOEVER IN CONNECTION WITH, AS A RESULT OF, OR ARISING (i) OUT OF THE USE OF OR INABILITY TO USE HEALTH2047 WEBSITES AND/OR ANY HEALTH2047 CONTENT; (ii) FROM ANY INTERRUPTION IN THE AVAILABILITY OF HEALTH2047 WEBSITES AND/OR HEALTH2047 CONTENT; (iii) FROM ANY LOSS OF DATA AND/OR FROM ANY EQUIPMENT FAILURE; (iv) OUT OF THE PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES RESULTING FROM ANY PROBLEMS WITH THE GOODS, CONTENT AND/OR SERVICES PURCHASED OR OBTAINED FROM HEALTH2047 WEBSITES, OR TRANSACTIONS ENTERED INTO, THROUGH OR FROM HEALTH2047 WEBSITES; (v) FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (vi) FROM STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON HEALTH2047 WEBSITES; (vii) FROM ANY DELAY OR FAILURE OF HEALTH2047 WEBSITES ARISING OUT OF CAUSES BEYOND HEALTH2047, INC.’S CONTROL; (viii) OUT OF THE USE OF, REFERENCE TO, OR RELIANCE ON, HEALTH2047 CONTENT; (ix) OUT OF ANY THIRD PARTY MATERIALS, INFORMATION, PRODUCTS AND SERVICES CONTAINED ON, OR ACCESSED THROUGH, HEALTH2047 WEBSITES (x) OUT OF ANY CONTENT, MATERIALS, ACCURACY OF INFORMATION, AND/OR QUALITY OF THE PRODUCTS, SERVICES OR MATERIALS PROVIDED BY OR ADVERTISED ON THIRD PARTY WEBSITES; OR (xi) OUT OF ANY OTHER MATTER RELATING TO HEALTH2047 WEBSITES OR HEALTH2047 CONTENT.
- In the event you are dissatisfied with, or dispute, these Terms of Use, Health2047 websites and/or Health2047 Content, your sole right and exclusive remedy is to terminate your use of Health2047 websites, even if that right or remedy is deemed to fail of its essential purpose. You confirm that Health2047, Inc. has no other obligation, liability or responsibility to you or any other party.
- Exclusions permitted by law. SOME JURISDICTIONS (BUT NOT NEW JERSEY) DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DHEALTH2047GE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DHEALTH2047GES. ACCORDINGLY, ONLY THE ABOVE LIMITATIONS IN SECTIONS 18 AND 19 WHICH ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND HEALTH2047, INC.’S LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
- Indemnification. To the fullest extent permitted by law, you shall defend, indemnify, and hold harmless Health2047 Parties from and against all claims arising from or in any way related to your use of Health2047 websites and/or Health2047 Content, a violation by you of these Terms of Use, or any other actions connected with your use of Health2047 websites and/or Health2047 Content, including any liability or expense, losses, dHealth2047ges (actual and consequential), suits, judgments, litigation costs and attorneys’ fees. Health2047, Inc. will provide prompt written notice of any such claims, but failure to provide such notice will not release you from any of your obligations pursuant to this Section except to the extent that you are actually prejudiced by such failure, and will not relieve you from any other liability that you may have to Health2047 Parties other than under this Section.
- Term and Termination. These Terms of Use will take effect at the time you begin using Health2047 websites. Health2047, Inc. reserves the right, with or without notice, at any time and for any reason to deny you access to Health2047 websites or to any portion thereof, and to terminate these Terms of Use. These Terms of Use will terminate automatically if you fail to comply with or violate them. You may terminate these Terms of Use at any time by ceasing to use Health2047 website, but all applicable provisions of these Terms of Use will survive such termination. Upon termination, you must destroy all copies of any portion of Health2047 websites, including any HEALTH2047 Content, in your possession.
- Arbitration; Venue. Any controversy or claim (“Claim”) you have arising out of or relating to these i) Terms of Use, ii) Additional Terms and Conditions, iii) Health2047 websites, and iv) any products and services accessed or purchased through Health2047 websites shall be resolved by a single impartial arbitrator pursuant to proceedings administered by the American Arbitration Association under its rules for resolution of commercial disputes. Any such Claim shall be brought, in any arbitration or other legal proceeding, solely by you as an individual and not as part of, or as a representative of, a class. The arbitration shall be held in Chicago, Illinois. All submissions to the arbitrator, the proceedings and the award shall be confidential. The arbitration shall be conducted on an expedited basis with minimal discovery. The arbitrator’s award shall be final and binding. The courts of the State of Illinois and/or the United States District Court for the Northern District of Illinois shall have exclusive jurisdiction and venue over (a) any action concerning the enforcement of an arbitration award, or (b) if arbitration is not permitted by law, then any Claim you have arising out of or relating to these Terms of Use. You agree to unconditionally and irrevocably submit to the exclusive jurisdiction and venue of such courts and you will not object to such jurisdiction and venue on the grounds of lack of personal jurisdiction, inconvenient forum or otherwise. EACH PARTY IRREVOCABLY WAIVES ANY AND ALL RIGHT TO TRIAL BY JURY IN ANY LEGAL PROCEEDING. Health2047, Inc. reserves all rights and remedies available to it in law or equity. Neither party consents or agrees to any arbitration on a class or representative basis, and the arbitrator shall have no authority to proceed with an arbitration on a class or representative basis. No arbitration will be consolidated with any other arbitration proceeding without the consent of all parties. Any claim or controversy as to the enforceability of this arbitration provision’s restriction on your right to participate in or pursue a class action or classwide arbitration shall be brought only in the United States District Court for the Northern District of Illinois or any State of Illinois court located in Cook County, Illinois.
- Governing Law. These Terms of Use and all matters regarding your use of Health2047 websites shall be governed by, construed in accordance with, and enforced under the laws of the State of Illinois applicable to contracts made and executed and wholly performed in the State of Illinois, without regard to choice of law principles. Neither the Uniform Computer Information Transaction Act nor the United Nations Convention on Contracts for International Sale of Goods applies and their applicability is expressly excluded. Printed copies of any and all agreements and/or notices in electronic form shall be admissible in any legal, investigative or regulatory proceedings.
- Waiver and Severability. The failure of Health2047, Inc. to exercise or enforce any right or provision in 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, illegal, or unenforceable, such provision shall be enforced to the fullest extent of the law, and all other provisions shall remain in full force and effect.
- Complete Agreement. These Terms of Use, together with any revisions, any Additional Terms and Conditions incorporated by reference, and any Click-through Agreement, constitutes the entire agreement between you and Health2047, Inc. relating to Health2047 websites and its use by you, and supersedes any previous written or oral communication regarding use of Health2047 websites.
- Contact Information. If you have any questions or concerns regarding these Terms of Use or Health2047 websites, please visit our “Contact Us” page.
- Statute of Limitations. Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to your use of Health2047 websites must be filed by you within one (1) year after such claim or cause of action arose or be forever barred.
- Use of Health2047 websites and Health2047 Content outside of the United States. Health2047, Inc. makes no claims regarding access or use of Health2047 websites or Health2047 Content outside of the United States. If you use or access Health2047 websites or Health2047 Content outside of the United States, you do so at your own risk and are responsible for compliance with the laws and regulations of those governing jurisdictions in addition to these Terms of Use.
Revised July 2017
