Terms and Conditions

THESE ARE THE GENERAL TERMS AND CONDITIONS GOVERNING YOUR USE OF THIS WEBSITE AND OUR SERVICES, BY ACCESSING, USING OR SUBSCRIBING TO THIS WEBSITE, OUR NEWSLETTERS OR ANY OTHER SERVICES, YOU ARE CONCLUDING A LEGALLY BINDING AGREEMENT BASED ON THESE TERMS WITH HEALTHMEDIA, INC.

All content of this Internet site is owned or controlled by HealthMedia, Inc. (HealthMedia®) and is protected by worldwide copyright laws. You may download content only for your personal use for non-commercial purposes, but no modification or further reproduction of the content is permitted. The content may otherwise not be copied or used in any way.

This Web Site is operated by HealthMedia® from its offices in the United States. This Web Site is directed to adults and is not intended for children under the age of eighteen (18).

HealthMedia® will use reasonable efforts to include up-to-date and accurate information in this Internet site, but makes no representations, warranties, or assurances as to the accuracy, currency, or completeness of the information provided.

The information, data, behavioral recommendations, and any other materials provided by HealthMedia® in the questionnaire, plan, newsletters, website, and in any other form are not, nor are they intended to be, a medical evaluation, examination, advice, consultation, diagnosis, or treatment. HealthMedia® recommends that you consult a physician or other health care provider for all medical and health-related matters. HealthMedia® and its licensors will not be liable for, and you waive any claim for, any personal injury, damage, and/or liability arising out of your use of or your reliance on the information, data, behavioral recommendations, and any other materials made available to you.

This Internet site may provide links or references to other sites but HealthMedia® has no responsibility for the content of such other sites and shall not be liable for any damages or injury arising from that content. Any links to other sites are provided as merely a convenience to the users of this Internet site.

Our programs are not designed to respond to immediate, critical situations such as thoughts of suicide or medical emergencies. If you are thinking about suicide, or you feel that you may try to harm yourself or others, or if you have any other type of medical emergency, immediately dial "911" or immediately go to the nearest hospital Emergency Room. If you are currently receiving treatment please follow the emergency procedures provided by your doctor or therapist.

E-mail links on this site are intended to answer non-medical-related questions about our programs, such as technical problems, or general comments regarding the website. For all medical questions, users must contact their physicians or therapists directly. We will not provide answers to your own personal medical or mental health questions.

The trademarks, service marks, trade names, trade dress and products in this Internet site are protected in the United States and internationally. No use of any of these may be made without the prior, written authorization of the owners of this site, except to identify the products or services of HealthMedia®.

Any personally identifiable information in electronic communications to this Internet site is governed by this site's Privacy Policy. HealthMedia® shall be free to use or copy all other information in any such communications, including any ideas, inventions, concepts, techniques or know-how disclosed therein, for any purposes. Such purposes may include disclosure to third parties and/or developing, manufacturing, and/or marketing goods or services.

The sender of any communications to this Internet site or otherwise to HealthMedia® shall be responsible for the content and information contained therein, including its truthfulness and accuracy.

Disclaimer of Warranties With Respect to Web Site. THE WEB SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. HEALTHMEDIA® EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT.

HEALTHMEDIA® DOES NOT MAKE ANY WARRANTY THAT THE WEB SITE WILL MEET YOUR REQUIREMENTS, OR THAT ACCESS TO THE WEB SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR THAT DEFECTS, IF ANY, WILL BE CORRECTED. HEALTHMEDIA® MAKES NO WARRANTIES AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEB SITE OR AS TO THE ACCURACY, QUALITY, OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE WEB SITE.

Limitations of Liability. HEALTHMEDIA® AND ITS AFFILIATES ASSUME NO RESPONSIBILITY FOR ANY CONSEQUENCE RELATING DIRECTLY OR INDIRECTLY TO ANY ACTION OR INACTION YOU TAKE BASED ON THE CONTENT AVAILABLE VIA THE WEB SITE. YOU MUST EVALUATE, AND BEAR ALL RISKS ASSOCIATED WITH, THE USE OF ANY CONTENT, INCLUDING ANY RELIANCE ON THE ACCURACY, COMPLETENESS, OR USEFULNESS OF SUCH CONTENT. YOU SPECIFICALLY ACKNOWLEDGE THAT HEALTHMEDIA® IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF USERS OR THIRD PARTIES.

ADDITIONALLY, IN NO EVENT WILL HEALTHMEDIA® OR ITS AFFILIATES BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, ANY LOSS OF USE, LOSS OF PROFITS, LOSS OF DATA, COST OF PROCUREMENT OF SUBSTITUTE PRODUCTS OR SERVICES, OR ANY OTHER SUCH DAMAGES, HOWSOEVER CAUSED, AND ON ANY THEORY OF LIABILITY, WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), OR OTHERWISE RESULTING FROM (1) THE USE OF, OR THE INABILITY TO USE THE WEB SITE; (2) THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES, ITEMS, OR WEB SITES; (3) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (4) THE STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WEB SITE; OR (5) ANY OTHER MATTER RELATING TO THE WEB SITE. THESE LIMITATIONS WILL APPLY WHETHER OR NOT HEALTHMEDIA® HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.

You agree to indemnify and hold harmless HealthMedia®, its directors, officers, employees, agents, and affiliates, from and against any and all liability, damages, losses, claims, expenses of any kind (including, without limitation, reasonable attorneys' fees) directly or indirectly related to (1) your breach of the Agreement; or (2) the content you submit, post, or transmit through the Web Site.

You are responsible for maintaining the confidentiality of any passwords associated with your HealthMedia® account, monitor all activity under the account, and assume full responsibility for all activities that occur under your account (unless we cause a security breach).

If the billing is monthly, you pay for your subscription one month at a time. If you like the program, simply do nothing. Your monthly subscription fee will be charged automatically to your credit card. If you decide to cancel, simply go to "My Account" and follow the instructions. Once you cancel, we will no longer bill your credit card. There are no cancellation fees. If the billing is one-time then you are paying for it just this once.

HealthMedia® may at any time modify, discontinue, or suspend its operation of this Web Site, or any part thereof, temporarily or permanently, without notice to you.

Either party may terminate the Agreement for any or no cause, at any time, by notice, which shall be effective immediately or as specified in the notice. After termination, you shall no longer access the Web Site. The provisions of this Agreement which by their intent or meaning intended to survive such termination shall continue to apply indefinitely.

If any provision of the Agreement is found by a court or other binding authority to be invalid, you agree that every attempt shall be made to give effect to the parties' intentions as reflected in that provision, and the remaining provisions contained in the Agreement shall continue in full force and effect.

This Agreement and the resolution of any dispute related to this Agreement or the Web Site shall be governed by and construed in accordance with the laws of Michigan without giving effect to any principles of conflicts of law. Any legal action or proceeding between HealthMedia® and you related to the Agreement shall be brought exclusively in a court of competent jurisdiction sitting in Ann Arbor, Michigan, United States, and you agree to submit to the personal and exclusive jurisdiction of such courts.