Please read these TERMS carefully before visiting the Sites or using the Services. If you do not accept these TERMS, then you may not use the Sites or Services. These TERMS are subject to change by TappMD at any time, effective when posted on the Sites. Your continued use after such change will constitute acceptance by you of such changes. Each time you access or use the Sites or Services, you agree to be bound by these TERMS.
These TERMS apply to all users of the Sites and Services, including, without limitation, featured experts and contributors on the Sites and Services. Any other agreements entered into by such featured experts and contributors are hereby incorporated by reference.
1. Informational Purposes; Not Medical Advice.
The Sites and Services offer health, fitness and nutrition related information, but are designed for non-commercial, informational purposes only. YOU SHOULD NOT RELY ON THIS INFORMATION AS A SUBSTITUTE FOR, NOR DOES IT REPLACE, PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS OR TREATMENT. IF YOU HAVE ANY CONCERNS OR QUESTIONS ABOUT YOUR HEALTH OR THE CONTENT ON THE SITES OR SERVICES, YOU SHOULD ALWAYS CONSULT WITH A PHYSICIAN OR OTHER HEALTH-CARE PROFESSIONAL. DO NOT DISREGARD, AVOID OR DELAY OBTAINING MEDICAL OR HEALTH RELATED ADVICE FROM YOUR HEALTH-CARE PROFESSIONAL BECAUSE OF SOMETHING YOU MAY HAVE READ ON THE SITE OR THROUGH THE SERVICES. THE USE OF ANY INFORMATION PROVIDED ON THE SITES OR THROUGH THE SERVICES IS SOLELY AT YOUR OWN RISK. Nothing stated or posted on the Sites or available through any Service is intended to be, and must not be taken to be, the practice of medicine or counseling care. For the purposes of this agreement, the practice of medicine and counseling includes, without limitation, psychiatry, psychology, psychotherapy, the practice of pharmacy, nutrition and fitness counseling or providing health care treatment, instructions, diagnosis, prognosis or advice. Developments in medical research may impact the health, fitness and nutritional topics discussed on the Sites or through the Services and no assurance can be given that the information contained in the Sites or the Services will always include the most recent findings or developments with respect to the particular material. Your access or use of the Sites and the Services does not create in any way a physician/patient, confidential, or privileged relationship, or any other relationship that would give rise to any duties on our part or the part of our Licensors. We do not recommend or endorse any specific tests, physicians, clinics, procedures, opinions, products or other information that may appear on the Sites or Services. If you rely on any of the information provided by this Site or the Services, our employees, or guests or visitors to the Sites, you do so solely at your own risk.
2. User Obligations.
You agree to abide by all applicable local, state, national, and international laws and regulations, including U.S. export and re-export control and economic sanction laws and regulations, with respect to your use of the Sites and Services. You also acknowledge and agree that your use of the Internet and access to the Sites is solely at your own risk. You should also understand that the confidentiality of any communication or material transmitted to/from a Site over the Internet or other form of global communication network cannot be guaranteed. Accordingly, TappMD is not responsible for the security of any information transmitted to or from the Sites. TappMD reserves the right to prohibit or terminate use of or access to the Sites at any time, without notice, for any reason whatsoever.
3. Prohibited Activities.
The Sites and the Services are not intended for children under the age of 13 and children under 13 should not use the Sites or the Services. You acknowledge and agree that the Sites and Services contain proprietary and confidential information that is protected by applicable intellectual property and other laws, and are the sole property of TappMD, its Licensors, or our content providers. The Services are for your personal and non-commercial use. In connection with your use of the Sites and/or the Services, you acknowledge and agree that you will not: 1. Copy, reverse engineer, reverse assemble, otherwise attempt to discover the source code, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information, software, products or services obtained through the Sites or the Services; 2. Access the Sites or Services by any means other than through the standard industry-accepted or TappMD-provided interfaces; 3. Post or transmit any material that contains a virus or corrupted data; 4. Delete any author attributions, legal notices or proprietary designations or labels; 5. Violate any applicable local, state, national or international law, rule or regulation or use the Sites and/or the Services for any purpose that is prohibited by these TERMS; 6. Manipulate or otherwise display the Sites and/or the Services by using framing or similar navigational technology; 7. Register, subscribe or unsubscribe any party for any TappMD product or service if you are not expressly authorized by such party to do so; 8. Use the Sites or the Services in any manner that could damage, disable, overburden or impair TappMD’s servers or networks, or interfere with any other user’s use and enjoyment of the Sites and/or the Services; 9. Gain or attempt to gain unauthorized access to any of the Sites, Services, accounts, computer systems or networks connected to TappMD through hacking, password mining or any other means; 10. Obtain or attempt to obtain any materials or information through any means not intentionally made available through the Sites or the Services or harvest or otherwise collect information about other users without their consent; 11. Use the sites in any manner that could damage, disparage, or otherwise negatively impact TappMD. In addition, you agree to comply with our Posting Guidelines below. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, COPYING OR REPRODUCING ANY SERVICES, PROGRAMS, PRODUCTS, INFORMATION OR MATERIALS PROVIDED BY TAPPMD TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED.
4. Third Party Content.
Any opinions, advice, statements, services, advertisements, offers or other information or content expressed or made available through the Sites by third parties, including information providers, are those of the respective authors or distributors and not TappMD. Neither TappMD, its Licensors nor any third-party content providers guarantee the accuracy, completeness or usefulness of any content. Furthermore, neither TappMD nor its Licensors endorse or are responsible for the accuracy and reliability of any opinion, advice or statement made on any of the Sites or Services by anyone other than an authorized TappMD or Licensor representative while acting in his/her official capacity. You may be exposed through the Sites or Services to content that violates our policies, is sexually explicit or is otherwise offensive. You access the Sites and Services at your own risk. We take no responsibility for your exposure to third party content on the Sites or the Services. TappMD and its Licensors do not assume, and expressly disclaim, any obligation to obtain and include any information other than that provided to it by its third party sources. It should be understood that we do not advocate the use of any product or procedure described in the Sites or through the Services, nor are we responsible for misuse of a product or procedure due to typographical error.
5. Copyright Policy.
If you believe any materials accessible on or from the Sites infringe your copyright, you may request removal of those materials (or access thereto) from the Sites by contacting TappMD’s copyright agent (identified below) and providing the following information:
- Identification of the copyrighted work that you believe to be infringed. Please describe the work, and where possible include a copy or the location (e.g., URL) of an authorized version of the work.
- Identification of the material that you believe to be infringing and its location. Please describe the material, and provide us with its URL or any other pertinent information that will allow us to locate the material.
- Your name, address, telephone number and (if available) e-mail address.
- A statement that you have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent, or the law.
- A statement that the information that you have supplied is accurate, and indicating that “under penalty of perjury,” you are the copyright owner or are authorized to act on the copyright owner’s behalf.
- A signature or the electronic equivalent from the copyright holder or authorized representative.
TappMD’s agent for copyright issues relating to the Sites and Services is as follows:
6. Linking; Disclaimer
We reserve the right to disallow you to link to the Sites at any time in our sole discretion. If we exercise such right, you agree to immediately remove and disable any and all of your links to the Sites. The links on any of the Sites and/or Services will let you leave the particular Sites or Service you are accessing in order to access a linked third party site (the “Linked Sites”). TappMD provides these links as a convenience, but we neither control nor endorse these Linked Sites, nor has TappMD reviewed or approved the content which appears on the Linked Sites. TappMD is not responsible for the legality, accuracy or appropriateness of any content, advertising, products, services or other materials on or available from any Linked Sites. You acknowledge and agree that TappMD shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of any of the links, content, goods or services available on or through the Linked Sites.
7. Dealings with Third Parties.
Your participation, correspondence or business dealings with any third party found on or through our Sites and Services, including, without limitation, advertisers and other users, regarding payment and delivery of specific goods and services, and any other terms, conditions, representations or warranties associated with such dealings, are solely between you and such third party. You agree that TappMD shall not be responsible or liable for any loss, damage, or other matters of any sort incurred as the result of such dealings.
If you choose to visit a third party service or an advertiser by “clicking on” a banner ad or other type of advertisement, or click on another third party link, you will be directed to that third party’s website or online service. The fact that we link to a website, content or present a banner ad or other type of advertisement is not an endorsement, authorization or representation of our affiliation with that third party, nor is it an endorsement of their privacy or information security policies or practices. We do not exercise control over third party websites or services.
9. Posting Guidelines.
TappMD hosts message boards, chats and other public forums on its Sites and through the Services. Message boards, chats and other public forums are intended to serve as discussion centers for users and subscribers of the Sites. These are public forums and any information that you post on the Sites or through the Services may be seen by anyone on the Internet. Any user will have the ability to edit or delete their own posts after posting. When posting information on the Sites or through the Services, use good taste when discussing sensitive topics. Users are required to treat others with respect and honesty. Be fair and informative. Post honest and valuable information and don’t post rumors or negative opinions that are not supported by facts. Unless the information in your post arises directly from your personal experience, references to any health-related or medical information you provide must be included in your post.
In addition to the prohibited activities described above, when posting information and media on the Sites or through the Services you must not post anything that:
- is defamatory, abusive, obscene, profane or offensive;
- infringes or violates another party’s intellectual property rights (such as music, videos, photos or other materials for which you do not have written authority from the owner of such materials to post on the Sites or Services);
- violates any party’s right of publicity or right of privacy;
- is threatening, harassing or that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
- is inaccurate, false or misleading in any way;
- is illegal or promotes any illegal activities;
- contains personal information of any party such as phone numbers, addresses, license plate numbers, etc;
- contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; or
- contains any advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation.
Any user failing to comply with these guidelines may be expelled from and refused continued access to the message boards, chats or other public forums in the future. TappMD or its designated agents may remove or alter any user-created content at any time for any reason. TappMD and its Licensors expressly disclaim all responsibility and endorsement and make no representation as to the validity of any opinion, advice, information or statement made or displayed in these forums by third parties, nor are we responsible for any errors or omissions in such postings, or for hyperlinks embedded in any messages. Under no circumstances will TappMD, its Licensors, or our affiliates, suppliers or agents be liable for any loss or damage caused by your reliance on information obtained through these forums. The opinions expressed in these forums are solely the opinions of the participants, and do not reflect the opinions of TappMD, its Licensors or any of their subsidiaries or affiliates. TappMD and its Licensors have no obligation whatsoever to monitor any of the content or postings on the message boards, chat rooms or other public forums. However, you acknowledge and agree that we reserve the right to monitor the same at our sole discretion. By sending or transmitting to us content, images, video, audio files, creative suggestions, ideas, notes, concepts, information or other materials (collectively, “Submission Materials”), or by posting such Submission Materials on the Sites, you hereby grant to us and our designees a worldwide, non-exclusive, sublicenseable, assignable, royalty-free, perpetual, irrevocable right to use, reproduce, distribute, modify, create derivative works of, publicly perform, publicly display, digitally perform, sell, offer for sale and import such Submission Materials in any media now known or hereafter devised, for any purpose whatsoever, commercial or otherwise, without compensation to you. The foregoing license to TappMD shall be fully paid-up and royalty free. You represent and warrant that any person or entity named or pictured in such Submission Material has provided any necessary licenses, rights or authorizations to allow TappMD’s use of such Submission Materials in accordance with such license. None of the Submission Materials disclosed or posted via message boards, chats or other public forums shall be subject to any obligation, whether of confidentiality, attribution or otherwise.
10. Disclaimer of Warranties.
TAPPMD DOES NOT WARRANT THAT THE SITES OR SERVICES WILL OPERATE ERROR-FREE OR THAT THE SITES, THE SERVICES, OR OUR SERVER(S) ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MATERIAL. IF YOUR USE OF THE SITES, THE SERVICES, OR THE SITES’ MATERIAL RESULTS IN THE NEED FOR SERVICING OR REPLACING OF EQUIPMENT OR DATA, TAPPMD SHALL NOT BE RESPONSIBLE FOR THOSE COSTS.
THE SITES AND THE SERVICES, AND ANY CONTENT, TOOLS, PRODUCTS OR SERVICES DISPLAYED, ACCESSED OR OBTAINED ON OR THROUGH THE SITES AND SERVICES ARE PROVIDED “AS IS”, “AS AVAILABLE”, AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, TAPPMD, ITS LICENSORS AND THEIR AFFILIATES, SUPPLIERS, AND AGENTS DO NOT WARRANT AND EXPRESSLY DISCLAIM THAT: (i) YOUR USE OF THE SITES AND/OR SERVICES AND ACCESS TO AND USE OF ALL OF THE TOOLS AND FEATURES THEREON WILL BE UNINTERRUPTED, ERROR-FREE OR SECURE; (ii) THAT ANY INFORMATION OBTAINED THEREIN IS ACCURATE, RELIABLE OR COMPLETE; (iii) THAT DEFECTS WILL BE CORRECTED; OR (iv) THAT ANY SOFTWARE, SERVICES, SITES OR SERVER(S) ON WHICH THE SITES OR SERVICES ARE HOSTED ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF THE SITES AND THE SERVICES AND ANY INFORMATION OR MATERIALS PROVIDED ON OR THROUGH THE SITES AND SERVICES ARE ENTIRELY AT YOUR OWN RISK. WE MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE PRODUCTS OR SERVICES SOLD OR ADVERTISED HEREIN OR ABOUT THE SATISFACTION OF GOVERNMENT REGULATIONS REQUIRING DISCLOSURE OF INFORMATION ON PRESCRIPTION DRUG PRODUCTS WITH REGARD TO THE CONTENT CONTAINED ON THE SITES OR THROUGH THE SERVICES. WE MAKE NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO ANY TREATMENT, ACTION OR APPLICATION OF MEDICINE, MEDICATION OR THE INFORMATION OFFERED OR PROVIDED WITHIN OR THROUGH THE SITES OR THE SERVICES.
11. Limitation of Liability.
NEITHER TAPPMD NOR ITS LICENSORS, DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS OR SPONSORS ARE RESPONSIBLE OR LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS OR INJURY OR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO (i) THE USE OF OR INABILITY TO USE THE SITES AND/OR THE SERVICES; (ii) ANY CONTENT CONTAINED ON THE SITES AND/OR THE SERVICES; (iii) STATEMENTS OR CONDUCT POSTED OR MADE PUBLICLY AVAILABLE ON THE SITES AND/OR THE SERVICES; (iv) ANY PRODUCT OR SERVICE PURCHASED OR OBTAINED THROUGH THE SITES AND/OR SERVICES; (v) ANY ACTION TAKEN IN RESPONSE TO OR AS A RESULT OF ANY INFORMATION AVAILABLE ON THE SITES AND/OR SERVICES; (vi) ANY DAMAGE CAUSED BY LOSS OF ACCESS TO, DELETION OF, FAILURE TO STORE, FAILURE TO BACK UP, OR ALTERATION OF ANY CONTENT ON THE SITES AND/OR SERVICES; OR (vii) ANY OTHER MATTER RELATING TO THE SITES AND/OR THE SERVICES. IN NO EVENT SHALL THE TOTAL LIABILITY OF TAPPMD OR ITS LICENSORS TO YOU FOR ANY AND ALL DAMAGES, LOSSES, AND CAUSES OF ACTION EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR USING ANY OF THE SITES AND/OR SERVICES. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent that we may not, as a matter of applicable law, disclaim any implied warranty or limit liabilities, the scope and duration of such warranty and the extent of our liability will be the minimum permitted under such applicable law.
You agree to indemnify, defend and hold TappMD and its Licensors, subsidiaries, affiliates, officers, principals, directors, agents, co-branders or other partners, employees and representatives harmless from and against any and all claims, damages, losses, costs or expenses (including reasonable attorneys’ fees and disbursements) which arise directly or indirectly out of or from (i) your breach of these TERMS; (ii) any allegation that any Submission Materials infringe or otherwise violate the copyright, trade secret, trademark or other intellectual property rights of a third party; and (iii) your access or use of the Sites or the Services.
13. Jurisdiction; Governing Law.
Those who choose to access the Sites or use the Services do so on their own initiative and at their own risk, and are responsible for compliance with local laws, if and to the extent applicable. TappMD reserves the right, at any time in our sole discretion, to limit the availability and accessibility of the Sites or the Services to any person, geographic area or jurisdiction we so desire, and to limit the quantities of any such service or products that we provide. These TERMS and the relationship between you and TappMD shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of law provisions. You and TappMD irrevocably agree to submit to the personal and exclusive jurisdiction of the federal and state courts located within the county of New Castle, in the State of Delaware, and waive any jurisdictional, venue or inconvenient forum objections to such courts.
These TERMS provide to you a personal, revocable, limited, non-exclusive, royalty-free, non-transferable license to use the Sites conditioned on your continued compliance with these TERMS. You agree that TappMD, in its sole discretion, may terminate your use of the Sites or Services, and remove and discard any content within the Sites or Services, at any time and for any reason. You agree that any actions taken under this Section may be effective without prior notice to you.
15. Waiver and Severability.
The failure of TappMD to exercise or enforce any right or provision of these TERMS shall not constitute a waiver of such right or provision. If any provision of these TERMS is found by a court of competent jurisdiction to be unlawful, void or for any reason unenforceable, then that provision shall be deemed severed herefrom and shall not affect the validity and enforceability of any remaining provisions.
16. Successors and Assigns.
We may perform any of our obligations or exercise any of our rights under this TERMS through one or more of our corporate affiliates (including any entity that directly or indirectly controls, is controlled by or is under common control with us). If TappMD or its assets are acquired by another entity, that entity will assume our rights and obligations as described in this TERMS. You may not assign your rights or obligations under this TERMS, by operation of law or otherwise, without the prior written consent of TappMD.
We may modify these TERMS at any time, as we deem appropriate. If you disagree with the changes to the TERMS, you must discontinue your use of the Sites and Services. Your continued access or use of any of the Sites or Services following such notice signifies your acceptance of the modified TERMS. It is your responsibility to review the TERMS regularly to be aware of such modifications. We reserve the right to modify or discontinue the Sites or Services with or without notice. We will not be liable to you or any third party should we exercise our right to modify or discontinue the Sites or Services. If you object to any such changes, your sole recourse will be to cease access to the Sites or Services. Continued access to the Sites or Services following notice of any such changes will indicate your acknowledgement of such changes and acceptance of the Sites or Services as so modified and your use of new Services will be governed by these TERMS.
Last Revised: December 21, 2012