2. THE SITE DOES NOT PROVIDE MEDICAL ADVICE
The contents of the StressRX™ Site, including audio, video, text, graphics, images, information obtained from Unhealthy Anonymous’ licensors, and any other material contained on the StressRX™ Site (all of which is referred to as “Content”) is general in nature and for informational purposes only.
None of the Content is intended as medical advice, nor to provide a diagnosis or recommend treatment. The Content is not intended to be a substitute for professional medical advice. The Content may contain inaccuracies or errors. Always consult with your personal physician or other health professional prior to beginning any new diet or exercise program, particularly if you have a family history of medical related issues, including high blood pressure, high cholesterol, or heart disease. Never disregard professional medical advice or delay in seeking it because of something you have read on the StressRX™ Site! If you think you may have a medical emergency, call 911 or your doctor immediately.
Unhealthy Anonymous, Inc. does not recommend or endorse any specific tests, physicians, products, procedures, opinions, or other information that may be mentioned on the Site. Reliance on any information provided by Unhealthy Anonymous, Inc., its employees, others appearing on the Site at the invitation of Unhealthy Anonymous, Inc., or other visitors to the Site is solely at your own risk.
The Site may contain health related or medical-related information or materials that you might consider sexually explicit or otherwise offensive. If you, in fact, find such materials offensive, you should discontinue using the Site.
3. FEES AND PAYMENTS
You must be 18 years of age or older to purchase a subscription to the Site or any other content, product, or service offered through the Site. If you are less than 18 years of age and want to make any such purchase, please ask your parent or guardian to complete the purchase on your behalf. You agree to pay the subscription fees and any other charges incurred in connection with your account (including any applicable taxes) at the rates in effect when the charges were incurred. If your subscription includes access to areas containing premium content or services, your access to such areas may be subject to additional fees, terms and conditions, which will be separately disclosed in such areas. Unless you have paid by check, Unhealthy Anonymous will bill all charges automatically to your credit card. Subscription fees will be billed at the beginning of your subscription or any renewal. All fees and charges are non-refundable. Unhealthy Anonymous, Inc. reserves the right to issue refunds or credits at our sole discretion. If Unhealthy Anonymous, Inc. does issue a refund or credit, Unhealthy Anonymous, Inc. is under no obligation to issue the same or similar refund in the future. Unhealthy Anonymous, Inc. may change the fees and charges then in effect, or add new fees or charges, by giving you notice in advance and an opportunity to cancel. Only one individual may access a Service at the same time using the same user name or password, unless Unhealthy Anonymous, Inc. agrees otherwise. If you believe someone has accessed the Site using your user name and password without your authorization, please immediately notify us by calling (918) 819-1008. or contacting us email@example.com. You are responsible for any fees or charges incurred to access the Site through an Internet access provider or other Third Party service.
4. TERMS, CANCELLATION AND RENEWAL
This Agreement shall remain in full force and effect while you use the Site. Unless you have paid by check, your subscription will renew automatically until it is cancelled in accordance with this Section. For annual subscriptions, Unhealthy Anonymous will notify you of the pending renewal of your subscription at least 30 days prior to the date your subscription renews, except as otherwise required by law. For all subscriptions, you must cancel your subscription before it renews in order to avoid billing of subscription fees for the renewal term to your credit card unless you pay by check. Unhealthy Anonymous, Inc. may cancel your subscription at any time upon notice to you. You may cancel your subscription by contacting us at firstname.lastname@example.org.
5. LIMITS ON LIABILITY OF STRESS*RX™ AND ITS AFFILIATES
The use of the StressRX™ Site and its Content is at your own risk.
When using the StressRX™ Site, information will be transmitted over a medium that may be beyond the control and jurisdiction of Unhealthy Anonymous, Inc. and its suppliers. Accordingly, Unhealthy Anonymous, Inc. assumes no liability for or relating to the delay, failure, interruption, or corruption of any data or other information transmitted in connection with your use of the StressRX™ Site. UNHEALTHY ANONYMOUS, INC. DOES NOT REPRESENT OR WARRANT THAT THE USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR FREE.
The StressRX™ Site and the Content are provided on an “as is” basis. UNHEALTHY ANONYMOUS, INC., ITS LICENSORS, SUPPLIERS, AFFILIATES AND ASSIGNEES, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE. Without limiting the foregoing, Unhealthy Anonymous, Inc., its licensors, and its suppliers make no representations or warranties about the following:
a. The accuracy, reliability, completeness, currentness, or timeliness of the Content, software, text, graphics, links, or communications provided on or through the use of the StressRX™ Site or Unhealthy Anonymous.
b. The satisfaction of any government regulations requiring disclosure of information on prescription drug products, vitamins and health supplements, exercise and diet programs, or the approval or compliance of any software tools with regard to the Content contained on the StressRX™ Site.
6. USER PASSWORDS AND SUBMISSIONS
The Site has several online tools allowing its users to record and store information. Use of these areas indicates your agreement to take all reasonable and necessary steps to ensure that no unauthorized person shall have access to your Unhealthy Anonymous passwords or accounts. It is your sole responsibility to: (1) control the dissemination and use of activation codes and passwords; (2) authorize, monitor, and control access to and use of your Unhealthy Anonymous account and password; (3) promptly inform Unhealthy Anonymous of any need to deactivate a password.
You grant Unhealthy Anonymous and all other persons or entities involved in the operation of the Site the right to transmit, monitor, retrieve, store, and use your information in connection with the operation of the Site. Unhealthy Anonymous cannot and does not assume any responsibility or liability for any information you submit, or your or third parties’ use or misuse of information transmitted or received using Unhealthy Anonymous tools and services. By submitting any information (including business information, idea, concept or invention) to the Site or through the Site, you agree that such information is non-confidential for all purposes and waive any rights to maintain the privacy of such information.
You agree to only post or upload photos, videos, audio or other information that you have taken yourself or that you have all rights to transmit, and which do not violate or infringe on any trademark, copyright, privacy or other rights of any other person.
7. COMMUNITY AREAS (“Public Area”)
If you use a Public Area, such as message boards, blogs, Ask Our Expert, User Reviews or other member communities, you are solely responsible for your own communications, the consequences of posting those communications, and your reliance on any communications found in the Public Areas. You understand and agree that Public Area includes information, views, opinions, and recommendations of many individuals and organizations. Unhealthy Anonymous does not endorse any recommendation or opinion made by any user. Unhealthy Anonymous and its licensors are not responsible for the consequences of any communications in the Public Areas. In cases where you feel threatened or believe someone else is in danger, you should contact your local law enforcement agency immediately.
If you submit any information, including any business information, idea, concept or invention to a Public Area or to Unhealthy Anonymous by email, you represent to us that you have the all necessary legal rights to upload, post or submit such information and you thereby automatically grant, convey and warrant that you or the owner of such information has expressly granted Unhealthy Anonymous a royalty-free, perpetual, irrevocable, world-wide nonexclusive license to use, reproduce, create derivate works from, modify, publish, edit, translate, distribute, perform and display the information, or any part thereof, in any media, medium, format or forum now known or hereafter developed.
In consideration of being allowed to use the Public Area, you agree that the following actions shall constitute a material breach of this Agreement:
a. Using a Public Area for any purpose in violation of local, state, national, or international laws;
b. Posting material that infringes on the intellectual property rights of others or on the privacy or publicity rights of others;
c. Posting material that is unlawful, obscene, defamatory, threatening, harassing, abusive, slanderous, hateful, or embarrassing to any other person or entity as determined by Unhealthy Anonymous in its sole discretion;
d. Posting advertisements or solicitations of business;
e. After receiving a warning, continuing to disrupt the normal flow of dialogue, or posting comments that are not related to the topic being discussed (unless it is clear the discussion is free-form);
f. Posting chain letters or pyramid schemes;
g. Impersonating another person;
h. Distributing viruses or other harmful computer code;
i. Harvesting or otherwise collecting information about others, including email addresses;
j. Allowing any other person or entity to use your identification for posting or viewing comments;
k. Posting the same note more than once or “spamming;” or
l. Engaging in any other conduct that restricts or inhibits any other person from using or enjoying the Public Area or the Site, or which, in the judgment of UNHEALTHY ANONYMOUS, exposes Unhealthy Anonymous or any of its customers or suppliers to any liability or detriment of any type.
Unhealthy Anonymous reserves the right (but is not obligated) to do any or all of the following:
a. Record the dialogue in public chat rooms;
b. Investigate an allegation that a communication do not conform to the terms of this section and determine in its sole discretion to remove or request the removal of the communication;
c. Remove any communication which is abusive, illegal, or disruptive, or that otherwise fails to conform with this Agreement;
d. Terminate a user’s access to any or all Public Areas and/or the UNHEALTHY ANONYMOUS Site upon any breach of this Agreement;
e. Monitor, edit, or remove any communication in the Public Areas;
f. Edit or delete any communication posted on the StressRX™ Site, regardless of whether such communication violates these standards;
Unhealthy Anonymous or its licensors have no liability or responsibility to users of the StressRX™ Site or any other person or entity for performance or nonperformance of the aforementioned activities.
8. THIRD PARTY MATERIAL
Unhealthy Anonymous may provide links to third-party web sites containing information that may be deemed relevant, interesting or informative to readers of the website. Unhealthy Anonymous also may select certain sites as priority responses to search terms you enter and Unhealthy Anonymous may agree to allow advertisers to respond to certain search terms with advertisements or sponsored content.
Unhealthy Anonymous does not recommend and does not endorse the content on any third-party websites. Unhealthy Anonymous is not responsible for the content nor accuracy of linked third-party sites, sites found within the StressRX™ Site, third-party sites provided as search results, or third-party advertisements, and does not make any representations regarding their content or accuracy. Your use of third-party websites is at your own risk and subject to the terms and conditions of use for such sites. Unhealthy Anonymous does not endorse any product, service, or treatment advertised on the StressRX™ Site, other than its own products.
You agree to indemnify and hold harmless Unhealthy Anonymous and its affiliates and its and their respective officers, directors, shareholders, employees, representatives, licensees, authorized designees, successors and assigns from any and all claims, liabilities, damages, losses, costs, expenses, fees (including reasonable attorneys’ fees and costs) that such parties may incur as a result of or arising from (i) any of your submissions, (ii) your exercise of any of your rights granted under this Agreement without your compliance with your responsibilities set forth herein, (iii) the breach of any of your warranties, representations, covenants, responsibilities or other obligations set forth in this Agreement, (iv) your violation of any person’s intellectual property, privacy, publicity or other right, (v) the violation of any applicable laws and/or this Agreement by you and/or anyone using your registered account to access and/or otherwise use the Site (in whole or in part), or (v) your willful misconduct or the willful misconduct of anyone accessing the Site through your registered account, in connection with your (and/or such other person’s) use of the Site (in whole or in part). Unhealthy Anonymous reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with Unhealthy Anonymous in asserting any available defenses. This provision shall remain in full force and effect notwithstanding any termination of your use of the Site.
10. INTELLECTUAL AND PROPRIETARY PROPERTY
Any logos, text, graphics, video, metadata, data, designs, compilation, look and feel, service marks, trademarks and Content of Unhealthy Anonymous (all of which is referred to as “Intellectual and Proprietary Property”) appearing throughout the Site are proprietary and original works of authorship of Unhealthy Anonymous. And all right, title and interest in and to such Intellectual and Proprietary Property is owned by Unhealthy Anonymous. Without Unhealthy Anonymous’ express prior written permission, you agree not to display or use in any manner the Unhealthy Anonymous Intellectual Property. Nothing on this Site shall be construed as conferring any license or other rights to the Intellectual and Proprietary Property or other proprietary rights of Unhealthy Anonymous, its affiliates, or any third party. All contents of this Site are: Copyright © 2015, Unhealthy Anonymous, Inc. or its licensors (the year “2015” shall be deemed automatically replaced with the current year as of January 1st of each year). All rights reserved.
You agree not to rearrange or modify the Intellectual and Proprietary Property. You agree not to create abstracts from, scrape or display our Intellectual and Proprietary Property for use on another web site or service. Unless you have our written consent, you may not use, sell, publish, distribute, retransmit or otherwise provide access to the Intellectual and Proprietary Property received through the Site to anyone.
You expressly agree that exclusive jurisdiction for any dispute with Unhealthy Anonymous, or in any way relating to your use of the StressRX™ Site, whether arising in contract, tort, or otherwise, shall be with the federal or state courts in the County of Knox, State of Tennessee and shall be tried before a court and not before a jury, and you further agree and expressly consent to the exercise of personal jurisdiction in such courts within the State of Tennessee in connection with any and all dispute including any claim involving Unhealthy Anonymous or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers, and content providers.
13. COPYRIGHT, NOTICE & TAKEDOWN PROVISIONS
If you believe any materials accessible on or from the Site infringe your copyright, you may request removal of those materials (or access thereto) from this Site by contacting Unhealthy Anonymous’ copyright agent (identified below) and providing the following information, as required by the Digital Millennium Copyright Act, as may be amended from time to time:
a. 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.
b. 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.
c. Your name, address, telephone number and (if available) e-mail address.
d. 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.
e. 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.
f. A signature or the electronic equivalent from the copyright holder or authorized representative.
Unhealthy Anonymous’ agent for copyright issues relating to this Site is as follows:
Unhealthy Anonymous, Inc.
Attn: Henry Penix
1350 S. Boulder Ave., Suite 800
Tulsa, OK 74119
Or call: (918) 819-1008
In an effort to protect the rights of copyright owners, Unhealthy Anonymous maintains a policy for the termination, in appropriate circumstances, of subscribers and account holders of the Site who are repeat infringers.
This Agreement contains the final and entire agreement between us regarding your use of the Site and supersedes all previous and contemporaneous oral or written agreements regarding your use of the Site. Unhealthy Anonymous may discontinue or change the Site, or its availability to you, at any time. This Agreement is personal to you, which means that you may not assign your rights or obligations under this Agreement to anyone. No third party is a beneficiary of this Agreement. The paragraph headings throughout this Agreement are for convenience and reference only, and the words contained herein shall not be held to expand, modify, amplify or aid in the interpretation, construction or meaning of this Agreement.
Last Edited on 2016-12-01.