Website Terms and Conditions of Use (“Terms”)

 

Last updated: May 1, 2016

 

Please read these Terms and Conditions of Use (“Terms”) carefully before using the http://www.getfithv.com website (the “Service”) operated by Health Quest Systems Inc. (“us”, “we”, or “our”).

 

By accessing or using the Service you agree to be bound by these Terms, as revised from time to time.

 

Communications

 

By creating an Account on our service, you agree to subscribe to newsletters, marketing or promotional materials and other information we may send. However, you may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or instructions provided in any email we send.

 

Content

 

Our Service allows you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material (“Content”). You are responsible for the Content that you post on or through the Service, including its legality, reliability, and appropriateness. You understand that when you publish Content, it means that you are allowing everyone to access and use that information.

 

By posting Content on or through the Service, you represent and warrant that: (i) the Content is yours (you own it) and/or you have the right to use it and the right to grant us the rights and license as provided in these Terms, and (ii) that the posting of your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. You agree that you will not use this website for any purpose in violation of any law, nor to use the site to distribute advertising material, nor use this site to transmit material that is unlawful, obscene, defamatory, threatening, harassing, abusive, slanderous, hateful or embarrassing to any other person or entity, nor attempt to disable, hack, or otherwise interfere with the proper functioning of this site. We reserve the right to remove any Content that infringes or violates some else’s rights or otherwise violates the law.

 

You retain any and all of your rights to any Content you submit, post or display on or through the Service and you are responsible for protecting those rights. We take no responsibility and assume no liability for Content you or any third party posts on or through the Service. However, by posting Content using the Service you grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license (“License”) to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Service. The License ends when you delete the Content unless your content has been shared with others. We appreciate your feedback and suggestions, but you understand that we may use your suggestions and feedback without any obligation to compensate you for them.

 

Health Quest Systems Inc. has the right but not the obligation to monitor and edit all Content provided by users.

 

In addition, Content found on or through this Service are the property of Health Quest Systems Inc. or used with permission. You may not distribute, modify, transmit, reuse, download, repost, copy, or use said Content, whether in whole or in part, for commercial purposes or for personal gain, without express advance written permission from us.

 

Accounts

 

When you create an account with us, you guarantee that you are above the age of 18, and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Service.

 

You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

 

You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar or obscene.

 

Links to Other Websites

 

Our Service may contain links to third party web sites or services that are not owned or controlled by Health Quest Systems Inc.

 

Health Quest Systems Inc. has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party websites or services. The links are provided for your convenience only. We do not warrant or endorse the offerings of any of these entities/individuals or their websites, nor does the inclusion of such website inks imply any association with the operators.

 

You acknowledge and agree that Health Quest Systems Inc. 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 use of or reliance on any such content, goods or services available on or through any such third party websites or services.

 

We strongly advise you to read the terms and conditions and privacy policies of any third party websites or services that you visit.

 

Termination

 

We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, in our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms or a violation of the spirit of these Terms. You may delete your account or disable your application at any time, but the obligations under these Terms will survive.

 

If you wish to terminate your account, you may simply discontinue using the Service.

 

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

 

Indemnification

 

You agree to defend, indemnify and hold harmless Health Quest Systems Inc. and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees), resulting from or arising out of a) your use and access of the Service, by you or any person using your account and password; b) a breach of these Terms, or c) Content posted on the Service.

 

Limitation Of Liability

 

In no event shall Health Quest Systems Inc. nor its directors, employees, partners, agents, suppliers, or affiliates (“HQ”), be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose, and you release HQ from any claims and damages, known and unknown, arising out of or in any way connected with any claim you have against HQ in connection with the Service We reserve all rights not expressly granted to you.

 

Disclaimer

 

Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.

 

Health Quest Systems Inc. its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements. We make no guarantee as to security of the site, and you understand that you are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and security.

 

Exclusions

 

Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.

 

Governing Law

 

These Terms shall be governed and construed in accordance with the laws of New York, United States, without regard to its conflict of law provisions, and you agree to resolve any claim, cause of action or dispute you have with us arising out of or relating to these Terms or Services exclusively in the New York Supreme Court in Dutchess County, New York or in the United States District Court for the Southern District of New York, and the you consent to jurisdiction and venue in those courts, and to the personal jurisdiction of those courts, in any such action or proceeding.

 

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have had between us regarding the Service.

 

Changes

 

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If we make any changes to the Terms, we may provide notice on the site. Your continued use of the Services, following notice of changes, constitutes your acceptance of our amended Terms.

 

Mobile and Other Devices

 

We currently provide our mobile services for free, but please be aware that your carrier’s normal rates and fees, such as text messaging and data charges, will still apply. In the event you change or deactivate your mobile telephone number, you will update your account information within 48 hours to ensure that your messages are not sent to the person who acquires your old number.

 

Contact Us

 

If you have any questions about these Terms, please contact us at info@getfithv.com.