Crohnology Terms of Service
Last Modified: July 23rd, 2012
Welcome to the Healthy Labs, Inc. ("Crohnology") web site and online services (the "Crohnology Site"). (Healthy Labs, Inc., by the way, is the legal name for the folks who make Crohnology.) The Crohnology Site is an online collaborative collection of health related topics that allows anyone with an Internet connection to post and alter its content. While users may post and alter the content appearing on the Crohnology Site, entries are not reviewed by Crohnology, and thus Crohnology cannot guarantee the validity of the information found here. Please take all steps necessary to ascertain that any information you find on the Crohnology Site is accurate. If you need specific advice regarding a health related topic, please seek a professional licensed or knowledgeable in that area. Nothing on the Crohnology site should be construed as an attempt to offer or render a medical opinion or otherwise engage in the practice of medicine.
The following Terms of Service for the Crohnology Site is a legal contract between you, either an individual subscriber, customer, member, or user of at least 18 years of age ("You"), and Crohnology regarding your use of the Crohnology Site. Visitors and users of the Crohnology Site are referred to individually as "User" and collectively as "Users".
Please read carefully the following terms of service. by registering for, accessing, browsing, or using the Crohnology site, you acknowledge that you have read, understood, and agree to be bound by the following terms and conditions, including any additional guidelines and future modifications (collectively, the "terms").
- Eligibility. The Crohnology site is not available to persons under the age of 13 or to any users previously suspended or removed from the Crohnology site by Crohnology. By clicking the "I Agree" button or by otherwise using the Crohnology Site, You represent that You are at least 13 years of age and have not been previously suspended or removed from the Crohnology Site by Crohnology.
- Individual Features and Services. When using the Crohnology Site, You will be subject to any additional posted guidelines or rules applicable to specific services and features which may be posted from time to time (the "Guidelines"). All such Guidelines are hereby incorporated by reference into these Terms.
- Modification of these Terms. Crohnology reserves the right, at our discretion, to change, modify, add, or remove portions of these Terms at any time. Please check these Terms and any Guidelines periodically for changes. Your continued use of the Crohnology Site after the posting of changes constitutes your binding acceptance of such changes. For any material changes to these Terms, such amended terms will automatically be effective thirty days after they are initially posted on the Crohnology Site.
- Software and Content Downloads. Crohnology and its licensors may make certain software and other content available to You for download (for a fee or otherwise) from the Crohnology Site. All such software or other content that You download shall be subject to the terms and conditions included with such software or content or otherwise presented to You at the time of download.
User Postings License Grant; Representations and Warranties.
- User Postings Generally. Crohnology permits the posting by You and other users of notes, written works, images and videos or other communications (collectively, "User Postings") and the hosting, sharing, and/or publishing of such User Postings. You understand that whether or not such User Postings are published, Crohnology does not guarantee any confidentiality with respect to any submissions.
- Limited License Grant to Crohnology. By submitting or distributing User Postings through the Crohnology Site, You hereby grant to Crohnology a worldwide, non-exclusive, transferable, assignable, fully paid-up, royalty-free, perpetual, irrevocable right and license to host, transfer, display, perform, reproduce, distribute and re-distribute, and otherwise exploit your User Postings, in whole or in part, in any media formats and through any media channels (now known or hereafter developed).
- Limited License Grant to Other Crohnology Users. By submitting or distributing User Postings through the Crohnology Site, You hereby grant to each User of the Crohnology Site a non-exclusive license to access and use your User Postings. The foregoing license granted by You terminates as to a specific User Posting once You remove or delete such User Posting from the Crohnology Site provided, however, that User's rights to such User Posting arising out of distributions occurring on or prior to deletion of such User Posting from the Crohnology Site survive any termination or expiration of the license granted in this Section 6.3.
- User Postings Representations and Warranties. You are solely responsible for your User Postings and the consequences of posting or publishing them. By uploading and publishing your User Postings, You affirm, represent, and warrant that: (1) You are the creator and owner of or have the necessary licenses, rights, consents, and permissions to use and to authorize Crohnology and Crohnology's Users to use and distribute your User Postings as necessary to exercise the licenses granted by You in this Section and in the manner contemplated by Crohnology and this Terms of Service; (2) your User Postings do not and will not: (a) infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right or (b) slander, defame, libel, or invade the right of privacy, publicity or other property rights of any other person; (3) your User Postings do not contain any viruses, adware, spyware, worms, or other malicious code. violators of these third-party rights may be subject to criminal and civil liability. Crohnology reserves all rights and remedies against any user who violates this terms of service and (4) to the extent You use or reference personal accreditations or credentials, that the same shall be accurate, You have the right and certification (if applicable) to list such titles or references, and that to the extent applicable You are in good standing with any associations or organizations authorizing such accreditations or titles.
- User Postings Disclaimer. You understand that when using the Crohnology site you will be exposed to user postings from a variety of sources, and that Crohnology is not responsible for the accuracy, usefulness, or intellectual property rights of or relating to such user postings. You further understand and acknowledge that you may be exposed to user postings that are inaccurate, offensive, indecent or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Crohnology with respect thereto. Crohnology does not endorse any user postings or any opinion, recommendation or advice expressed therein, and Crohnology expressly disclaims any and all liability in connection with user postings. If notified by a user or a content owner of a user posting that allegedly does not conform to these terms of service, Crohnology may investigate the allegation and determine in its sole discretion whether to remove the user posting, which it reserves the right to do at any time and without notice. For clarity, Crohnology does not permit copyright infringing activities on the Crohnology site.
- Digital Millennium Copyright Act. It is Crohnology's policy to respond to notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act. For more information, please go to Crohnology's DMCA Notification Guidelines. Crohnology will promptly terminate without notice your access to the Crohnology Site if You are determined by Crohnology to be a "repeat infringer."
By using the Crohnology site you agree not to:
- use the Crohnology Site for any purposes other than to disseminate or receive original or appropriately licensed content and/or to access the Crohnology Site as such services are offered by Crohnology;
- rent, lease, loan, sell, resell, sublicense, distribute or otherwise transfer the licenses granted herein or any Materials (as defined in Section 12, below);
- post, upload, or distribute any defamatory, libelous, or inaccurate User Postings or other content;
- post, upload, or distribute any User Postings or other content that is unlawful or that a reasonable person could deem to be objectionable, offensive, indecent, pornographic, harassing, threatening, embarrassing, distressing, vulgar, hateful, racially or ethnically offensive, or otherwise inappropriate;
- impersonate any person or entity, falsely claim an affiliation with any person or entity, or access the Crohnology Site accounts of others without permission, forge another person's digital signature, misrepresent the source, identity, or content of information transmitted via the Crohnology Site, or perform any other similar fraudulent activity;
- delete the copyright or other proprietary rights on the Crohnology Site or User Postings;
- make unsolicited offers, advertisements, proposals, or send junk mail or spam to other Users of the Crohnology Site. This includes, but is not limited to, unsolicited advertising, promotional materials, or other solicitation material, bulk mailing of commercial advertising, chain mail, informational announcements, charity requests, and petitions for signatures;
- use the Crohnology Site for any illegal purpose, or in violation of any local, state, national, or international law, including, without limitation, laws governing intellectual property and other proprietary rights, and data protection and privacy;
- defame, harass, abuse, threaten or defraud Users of the Crohnology Site, or collect, or attempt to collect, personal information about Users or third parties without their consent, or use the Crohnology Site for any commercial use, it being understood that the Crohnology Site is for personal, non-commercial use only;
- use the Crohnology Site if You are under the age of 13 years old;
- remove, circumvent, disable, damage or otherwise interfere with security-related features of the Crohnology Site or User Postings, features that prevent or restrict use or copying of any content accessible through the Crohnology Site, or features that enforce limitations on the use of the Crohnology Site or User Postings;
- reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Crohnology Site or any part thereof, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation;
- modify, adapt, translate or create derivative works based upon the Crohnology Site or any part thereof, except and only to the extent foregoing restriction is expressly prohibited by applicable law; or
- intentionally interfere with or damage operation of the Crohnology Site or any User's enjoyment of them, by any means, including uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code.
- Account. When You use the Crohnology Site to upload and/or download or edit information on the Crohnology Site, You may be asked to provide a password. You are solely responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and You agree to accept responsibility for all activities that occur under your account or password. You agree that the information You provide to Crohnology on registration and at all other times will be true, accurate, current, and complete. You also agree that You will ensure that this information is kept accurate and up-to-date at all times. If You have reason to believe that your account is no longer secure (e.g., in the event of a loss, theft or unauthorized disclosure or use of your account ID, password, or any credit, debit or charge card number, if applicable), then You agree to immediately notify Crohnology. You may be liable for the losses incurred by Crohnology or others due to any unauthorized use of your Crohnology Site account.
- Third-Party Sites, Products and Services; Links. The Crohnology Site may include links or references to other web sites or services solely as a convenience to Users ("Reference Sites"). Crohnology does not endorse any such Reference Sites or the information, materials, products, or services contained on or accessible through Reference Sites. In addition, your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Crohnology Site are solely between You and such advertiser. Access and use of reference sites, including the information, materials, products, and services on or available through reference sites is solely at your own risk.
Termination; Terms of Service Violations.
- Crohnology. You agree that Crohnology, in its sole discretion, for any or no reason, and without penalty, may terminate any account (or any part thereof) You may have with Crohnology or your use of the Crohnology Site and remove and discard all or any part of your account, User profile, and any User Posting, at any time. Crohnology may also in its sole discretion and at any time discontinue providing access to the Crohnology Site, or any part thereof, with or without notice. You agree that any termination of your access to the Crohnology Site or any account You may have or portion thereof may be effected without prior notice, and You agree that Crohnology will not be liable to You or any third party for any such termination. Any suspected fraudulent, abusive or illegal activity may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies Crohnology may have at law or in equity. As discussed herein, Crohnology does not permit copyright infringing activities on the Crohnology Site, and will terminate access to the Crohnology Site, and remove all User Postings or other content submitted by any Users who are found to be repeat infringers.
- You. Your only remedy with respect to any dissatisfaction with (i) the Crohnology Site, (ii) any term of these Terms of Service, (iii) Guidelines, (iv) any policy or practice of Crohnology in operating the Crohnology Site, or (v) any content or information transmitted through the Crohnology Site, is to terminate these Terms of Service and your account. You may terminate these Terms of Service at any time by deleting your account with the Crohnology Site and discontinuing use of any and all parts of the Crohnology Site.
- Ownership; Proprietary Rights. The Crohnology Site is owned and operated by Crohnology. The visual interfaces, graphics, design, compilation, information, computer code (including source code or object code), products, software, services, and all other elements of the Crohnology Site provided by Crohnology (the "Materials") are protected by United States copyright, trade dress, patent, and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. Except for any User Postings that are provided and owned by Users, all Materials contained on the Crohnology Site are the property of Crohnology or its subsidiaries or affiliated companies and/or third-party licensors. All trademarks, service marks, and trade names are proprietary to Crohnology or its affiliates and/or third-party licensors. Except as expressly authorized by Crohnology, You agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Materials. Crohnology reserves all rights not expressly granted in these Terms of Service.
- Indemnification. You agree to indemnify, save, and hold Crohnology, its affiliated companies, contractors, employees, agents and its third-party suppliers, licensors, and partners harmless from any claims, losses, damages, liabilities, including legal fees and expenses, arising out of your use or misuse of the Crohnology Site, any violation by You of these Terms, or any breach of the representations, warranties, and covenants made by You herein. Crohnology reserves the right, at your expense, to assume the exclusive defense and control of any matter for which You are required to indemnify Crohnology, and You agree to cooperate with Crohnology's defense of these claims. Crohnology will use reasonable efforts to notify You of any such claim, action, or proceeding upon becoming aware of it.
Disclaimers; No Warranties.
- No Warranties. To the fullest extent permissible pursuant to applicable law, Crohnology, and its affiliates, partners, licensors and suppliers disclaim all warranties, statutory, express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement of proprietary rights. No advice or information, whether oral or written, obtained by you from Crohnology or through the Crohnology site will create any warranty not expressly stated herein. You expressly acknowledge that as used in this section 14 the term Crohnology includes Crohnology's officers, directors, employees, shareholders, agents, licensors and subcontractors.
- "As is" and "As available" and "With All Faults". You expressly agree that use of the Crohnology site is at your sole risk. The Crohnology site and any data, information, third-party software, user postings, reference sites, services, or applications made available in conjunction with or through the Crohnology site are provided on an "as is" and "as available", "with all faults" basis and without warranties or representations of any kind either express or implied.
- Content. Crohnology, its suppliers, licensors, affiliates, and partners do not warrant that the data, user postings, functions, or any other information offered on or through the Crohnology site or any reference sites will be uninterrupted, or free of errors, viruses or other harmful components and do not warrant that any of the foregoing will be corrected.
- Accuracy. Crohnology, its suppliers, licensors, affiliates, and partners do not warrant or make any representations regarding the use or the results of the use of the Crohnology site or any reference sites in terms of correctness, accuracy, reliability, or otherwise.
- Harm to Your Computer. You understand and agree that you use, access, download, or otherwise obtain information, materials, or data through the Crohnology site (including rss feeds) or any reference sites at your own discretion and risk and that you will be solely responsible for any damage to your proprerty (including your computer system) or loss of data that results from the download or use of such material or data.
Limitation of Liability and Damages.
- Limitation of Liability. Under no circumstances, including, but not limited to, negligence, will Crohnology or its affiliates, contractors, employees, agents, or third-party partners, licensors, or suppliers be liable for any special, indirect, incidental, consequential, punitive, reliance, or exemplary damages (including without limitation damages arising from any unsuccessful court action or legal dispute, lost business, lost revenues, or loss of anticipated profits or any other pecuniary or non-pecuniary loss or damage of any nature whatsoever) arising out of or relating to these terms or that result from your use of or your inability to use the Crohnology site or any reference sites, or any other interactions with Crohnology, even if Crohnology or a Crohnology authorized representative has been advised of the possibility of such damages. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you. In such cases, Crohnology's liability will be limited to the fullest extent permitted by applicable law.
- Limitation of Damages. In no event will Crohnology or its affiliates, contractors, employees, agents, or third-party partners, licensors, or suppliers total liability to you for all damages, losses, and causes of action arising out of or relating to these terms or your use of the Crohnology site or your interaction with other Crohnology site users (whether in contract, tort including negligence, warranty, or otherwise), exceed the amount paid by you, if any, for accessing the Crohnology site during the twelve months immediately preceding the date of the claim or one hundred dollars, whichever is greater.
- Reference Sites. These limitations of liability also apply with respect to damages incurred by you by reason of any products or services sold or provided on any reference sites or otherwise by third parties other than Crohnology and received through or advertised on the Crohnology site or received through any reference sites.
- Consumer End Users (Outside of the USA). This Section 15.4 applies only to Users residing and using the Crohnology Site outside of the United States. The limitations or exclusions of warranties and liability contained in these Terms of Service do not affect or prejudice the statutory rights of a consumer, i.e., a person acquiring goods for solely personal use otherwise than in the course of business outside of the U.S.A. The limitations or exclusions of warranties, remedies or liability contained in these Terms of Service apply to You to only the extent such limitations or exclusions are permitted under the laws of the jurisdiction where You are located.
- Notice. Crohnology may provide You with notices, including those regarding changes to these Terms of Service, by email, regular mail or postings on the Crohnology Site. Notice will be deemed given twenty-four hours after email is sent, unless Crohnology is notified that the email address is invalid. Alternatively, we may give You legal notice by mail to a postal address, if provided by You through the Crohnology Site. In such case, notice will be deemed given three days after the date of mailing. Notice posted on the Crohnology Site is deemed given 30 days following the initial posting.
- Waiver. The failure of Crohnology to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by Crohnology.
- Governing Law. These Terms will be governed by and construed in accordance with the laws of the State of California, without giving effect to any principles of conflicts of law.
- Arbitration. For Users residing outside the United States of America and using the Crohnology Site in another territory, Section 16.5 (Jurisdiction) does not apply and this Section 16.4 applies to You. Any dispute or claim arising out of or in connection with these Terms or your use of the Crohnology Services shall be finally settled by binding arbitration in San Francisco, California under the Rules of Arbitration of the International Chamber of Commerce by three arbitrator(s) appointed in accordance with said rules; judgment on the award rendered by these arbitrators may be entered in any court having jurisdiction thereof. The parties agree that this arbitration is the exclusive remedy for any disputes.
- Jurisdiction. For Users residing inside the United States of America and using the Crohnology Site in the United States, Section 16.4 (Arbitration) does not apply and this Section 16.5 applies to You. You agree that any action at law or in equity arising out of or relating to these Terms or Crohnology will be filed only in the state or federal courts in and for San Francisco County, California, and You hereby consent and submit to the personal and exclusive jurisdiction of such courts for the purposes of litigating any such action.
- Severability. If any provision of these Terms or any Guidelines is held to be unlawful, void, or for any reason unenforceable, then that provision will be limited or eliminated from these Terms to the minimum extent necessary and will not affect the validity and enforceability of any remaining provisions.
- Assignment. These Terms and related Guidelines, and any rights and licenses granted hereunder, may not be transferred or assigned by You, but may be assigned by Crohnology without restriction. Any assignment attempted to be made in violation of this Terms of Service shall be void.
- Survival. Upon termination of these Terms, any provision which, by its nature or express terms should survive, will survive such termination or expiration, including, but not limited to, Sections 6 through 16.
- Headings. The heading references herein are for convenience purposes only, do not constitute a part of these Terms, and will not be deemed to limit or affect any of the provisions hereof.
- Claims. You and Crohnology agree that any cause of action arising out of or related to the Crohnology site must commence within one (1) year after the cause of action accrues. otherwise, such cause of action is permanently barred.
- Contact. The services hereunder are offered by Healthy Labs, Inc., located in San Francisco, CA, contact through support@Crohnology.com. If You are a California resident, You may have this same information emailed to You by sending a letter to the foregoing address with your email address and a request for this information.