The use of the Service by minors (below the age of eighteen (18) years of age) is subject to the consent of their parent or guardian. If you are below the age of eighteen (18) years of age, you must obtain the permission of your parent or guardian before using the Service.
- Consult Your Physician for Medical Advice.Although the Service may assist in managing health-related information and may include information in the field of health care, nothing in the Service should be used as a substitute for medical advice or other professional advice. Any information and tools on the Service are for informational purposes only and are not intended to provide a diagnosis or take the place of consultation or advice from a health care professional. You should never rely solely on the Service for medical or health decisions. Always consult with your physician or another qualified health care provider for medical diagnosis or treatment of any medical conditions or concerns you may have. You should never delay seeking medical (or other professional) advice or disregard any advice you receive because of anything you read in connection with the Service. If you think you may have a medical emergency, call 911 immediately.
- Protection of User ID and Password.In order to use to the Service, you will need to register and be assigned a user ID and password. You should keep them confidential at all times. You are responsible for all usage or activity on the Service through the use of your user ID and password. If you believe someone has gained unauthorized access to your user ID and password for any reason (including without limitation due to theft or inadvertent disclosure), you should immediately change your user ID and password and/or contact us at support@goPROmotionHealth.com.
- Information You Provide.You represent that any information you provide to us during the setup of your Service account or in connection with your use of the Service is accurate, to the best of your knowledge. You may not register for an account on behalf of or in the name of an individual other than yourself. You agree to promptly update any account information when such information changes.
- Authorized Use.You may access and use the Service only for its intended purpose. You must comply with any restrictions that may be posted or implemented, including without limitation restrictions on downloading, printing, copying, modifying, publishing, posting, transmitting or distributing documents or other content on the Service.
- Links to Other Sites.The Service may contain links to other websites that are not operated by PROmotion Health. These links are provided to you only as a convenience. Such linked sites are not under our control, and we are not responsible for their content or any actions taken by the operators of such other sites and resources. The inclusion of any link on the Service does not constitute or imply an endorsement or recommendation by PROmotion Health of any information, products or services associated with the link.
- Equipment.You are responsible for securing, at your own cost, all computer equipment, Internet access, software and other items or services necessary to access and use the Service. You are responsible for any and all data charges you incur through the use of the Service.
- Compliance with Laws; Prohibited Uses. You agree to comply with all applicable federal, state and local laws and regulations in connection with your use of the Service. You may not use the Service to: (a) publish or transmit obscene, profane, pornographic or vulgar content or any other content that we determine to be unlawful or inappropriate, in our sole discretion; (b) knowingly distribute false information about a person or organization; (c) distribute advertising or other unsolicited materials to any third parties; (d) harass, intimidate or threaten others; (e) upload files or other materials or information that may contain viruses, malware, spyware, Trojan horses, worms, time bombs, corrupted files or any other contaminating or destructive software (“Malware”); (f) disable, hack or otherwise interfere with the proper functioning of the Service or restrict or inhibit another user from accessing or using the Service; (g) impersonate someone else or to create a false identity to mislead others; or (h) use any automated process or service (such as a bot, a spider or crawler) to access or use the Service. In the event Malware is found to have been introduced into the Service through your equipment or software, you agree to assist us as requested to mitigate any damage and restore the Service to its prior condition.
- Security.PROmotion Health will use reasonable organizational and technical security measures to protect against unauthorized access to the Service. However, no security measures are perfect, and you agree that PROmotion Health is not responsible for any failure of such security measures to prevent unauthorized access to the Service. You agree to observe and comply with all security features on the Service and not to, and not to attempt to, disable or circumvent any security features or devices.
- DISCLAIMER OF WARRANTIES.We cannot and do not guarantee or warrant that files available for downloading from the Internet or the Service will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to the Service for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUS OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SERVICE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON THE SERVICE, OR ON ANY WEBSITE LINKED TO IT. YOUR USE OF THE SERVICE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICE IS AT YOUR OWN RISK. THE SERVICE, ITS CONTENTS AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER PROMOTION HEALTH NOR ANY PERSON ASSOCIATED WITH PROMOTION HEALTH MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE SERVICE. WITHOUT LIMITING THE FOREGOING, NEITHER PROMOTION HEALTH NOR ANYONE ASSOCIATED WITH PROMOTION HEALTH REPRESENTS OR WARRANTS THAT THE SERVICE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE SERVICE OR THE SERVER(S) THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SERVICE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. PROMOTION HEALTH IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION OR DATA OF THIRD PARTIES, INCLUDING OTHER USERS OF THE SERVICE, AND YOU HEREBY RELEASE PROMOTION HEALTH, ITS AFFILIATES, LICENSORS AND SERVICE PROVIDERS, AND ITS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, MEMBERS, MANAGERS, EMPLOYEES, CONTRACTORS, AGENTS, LICENSORS, SUPPLIERS, SUCCESSORS, AND ASSIGNS FROM ANY CLAIMS OR DAMAGES, KNOWN OR UNKNOWN, ARISING OUT OF OR IN ANY WAY RELATED TO ANY CLAIM YOU HAVE AGAINST ANY THIRD PARTY. PROMOTION HEALTH HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND RELATED TO THE SERVICE, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
- LIMITATIONS OF LIABILITY.IN NO EVENT WILL PROMOTION HEALTH, ITS AFFILIATES OR ITS OR THEIR RESPECTIVE LICENSORS, SERVICE PROVIDERS, MEMBERS, MANAGERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SERVICE, ANY WEBSITES LINKED TO IT, OR ANY CONTENT ON THE SERVICE OR SUCH OTHER WEBSITES OR APPLICATIONS, INCLUDING, WITHOUT LIMITATION, ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE. THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXLUSION OR LIMITATION OF CERTAIN DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU, HOWEVER, IN NO EVENT WILL PROMOTION HEALTH’S AGGREGATE LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED ONE HUNDRED US DOLLARS ($100). YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISSATISFACTION WITH THE SERVICE IS TO STOP USING THE SERVICE. ANY CLAIMS ARISING IN CONNECTION WITH YOUR USE OF THE SERVICE MUST BE BROUGHT WITHIN ONE (1) YEAR OF THE DATE THE EVENT FIRST GIVING RISE TO SUCH ACTION OCCURRED.
- ASSUMPTION OF RISK.YOU ASSUME ALL RESPONSIBILITY AND RISK OF DAMAGE, INJURY OR OTHER HARM OR LOSS RESULTING FROM THE USE OF THE SERVICE, INCLUDING WITHOUT LIMITATION THE INFORMATION CONTAINED THEREIN.