Terms & Conditions
Last Updated: July 16, 2016
Subject to these Terms & Conditions, Health Sqyre, Inc. (referred to herein as “Health Sqyre” ” we,” “us” and “our”) provides you with access to our website http://www.healthsqyre.com/ (the “Site”).
These Terms & Conditions are subject to occasional revision, and changes will be posted on this page. You are urged to return to check the Terms & Conditions for the latest updates prior to accessing the Site or sending any information to us. By continuing to use the Site following such revision, you agree to the Terms & Conditions then posted.
1. USE OF SITE
You may browse and use the Site solely for your personal, non-commercial purposes and in compliance with these Terms & Conditions.
You may not distribute, modify, transmit, publish, reuse, repost or use the Site or any content made available on the Site: (i) for public or commercial purposes without the express written permission of Health Sqyre; (ii) in a manner inconsistent with these Terms & Conditions; (iii) in violation of any applicable law, rule, regulation or order; or (iv) in a manner that could damage, disable, overburden or impair the Site or interfere with any other party’s use or enjoyment of the Site. The Site or any portions of it may not be duplicated, copied, sold, resold, or otherwise used for any commercial purpose without the written consent of Health Sqyre.
You may not use the Site for junk mail, ‘spamming’ solicitations (commercial or non-commercial), chain letters or bulk communications of any kind, including but not limited to distribution lists to any person who has not given specific permission to be included in such a list. You may not transmit, distribute, introduce or otherwise make available in any manner through the Site any computer virus, spyware, worms, Trojan horses, time bombs or other malicious or harmful programming, or otherwise attempt to interfere with the proper working of the Site (collectively, “Viruses”). We do not have an obligation to detect the presence of such Viruses. If you download software or any other content from the Site, you do so at your own risk.
2. PROPRIETARY RIGHTS
The Site and all features, functionality, text, pictures, images, graphics, information, data, content, and other material displayed on, or downloadable from, the Site and the compilation of all of the foregoing (collectively, the “Content”) are the property of, or used with permission by, Health Sqyre and are protected by copyright, trademark and other laws and may not be used except as permitted in these Terms & Conditions or with the prior written permission of the owner of such material. You may not modify the Content in any way or reproduce or publicly display, perform, distribute or otherwise use any such Content for any public or commercial purpose. Any unauthorized use of any Content may violate copyright laws, trademark laws, laws of privacy and publicity, or other laws, rules and regulations. You may not remove any copyright, trademark or other proprietary notices from the Site or any Content. All rights to Content not expressly granted herein are reserved by and to the respective owners of such Content.
Certain trademarks, trade names, service marks and logos, icons and domain names used or displayed on the Site (including HEALTH SQYRE) are registered and unregistered trademarks, trade names and service marks owned by Health Sqyre and/or our affiliates. Other trademarks, trade names and service marks used or displayed on the Site are the registered and unregistered trademarks, trade names and service marks owned by their respective owners and used with permission by us. Nothing contained on the Site grants or should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademarks, trade names, service marks or logos displayed on the Site without our written permission or the written permission of such third-party owner.
4. THIRD-PARTY LINKS AND CONTENT
The Site may also contain content prepared by third parties (e.g., third-party blog posts). We are not responsible for such content, which is provided solely as a convenience to you, and you hereby waive any claim you might have against us with respect to such third party content.
You may not take legal action against Health Sqyre without first a) sending us, via registered mail or national overnight courier service, a detailed written description of the facts and law out of which your claim arises; and (b) negotiating with us, in good faith, for not less 30 days, toward resolution of the dispute. Any such notice of a dispute must be sent to the address listed below under the “Contact Us” section, and must be received by us within 90 days of a scenario that first gives rise to a dispute.
These Terms & Conditions will be governed by and construed in accordance with the laws of the state of Colorado, without giving effect to its conflicts of law provisions. A printed version of these Terms & Conditions will be admissible in judicial and administrative proceedings based upon or relating to these Terms & Conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You agree to the exclusive jurisdiction of the courts of the state of Colorado and agree that you will not bring any action against Health Sqyre or its affiliates in any jurisdiction outside the state of Colorado.
6. GEOGRAPHIC LIMITATIONS
We make no representation that the content on our Site is appropriate, legal or available for use in locations outside the United States. You may not use or export any content on the Site in violation of United States export laws and regulations. If you access the site from locations other than the United States, you are responsible for compliance with any applicable local laws at your location.
Certain products or services offered on or through the Site may not be available to residents of certain states or to non-U.S. residents because of legal restrictions and other considerations. For example, due to current telemedicine regulations, consultation services may not be available to residents of Texas.
7. DISCONTINUANCE, MODIFICATION & RESTRICTIONS
Without limiting any other rights or remedies, in the event we determine, in our sole discretion, that you have breached any portion of these Terms & Conditions, or have otherwise demonstrated conduct that we deem to be inappropriate or unacceptable in our sole discretion, we reserve the right to (i) warn you via e-mail that you have violated the Terms & Conditions; (ii) discontinue your access to the Site, (iii) notify, send content to and fully cooperate with law enforcement authorities for further action; and (iv) take any other action which we deem to be appropriate.
If your ability to access or use the Site or any other service provided to you by Health Sqyre is discontinued by us hereunder, then you agree that you will not attempt to re-register with or access the Site, through use of a different member name or otherwise.
8. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
Disclaimer of Warranties.
YOU EXPRESSLY AGREE THAT USE OF THE SITE, ITS CONTENT AND SERVICES (INCLUDING PHYSICIAN CONSULTATION SERVICES) ARE AT YOUR SOLE RISK. THE SITE, CONTENT AND SERVICES AVAILABLE FROM THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. HEALTH SQYRE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE SITE, CONTENT AND SERVICES AVAILABLE AT THE SITE, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
WE MAKE NO WARRANTY THAT THE SITE, CONTENT OR SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT THE SITE, CONTENT OR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, CURRENT, ACCURATE, COMPLETE OR ERROR FREE. WE DO NOT GUARANTEE OR WARRANT THAT THE SITE OR ANY CONTENT WILL BE FREE OF INFECTION FROM VIRUSES, WORMS, OR OTHER CODE THAT HAS CONTAMINATING OR DESTRUCTIVE PROPERTIES. YOU UNDERSTAND AND AGREE THAT ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS AT YOUR OWN DISCRETION AND RISK.
ALL PRODUCTS SOLD ON THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS BY HEALTH SQYRE. HEALTH SQYRE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE PRODUCTS AVAILABLE ON THE SITE, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. NOTWITHSTANDING THE FOREGOING, ANY WARRANTIES PROVIDED BY THE PRODUCT MANUFACTURER MAY APPLY.
THE WARRANTY DISCLAIMERS SET FORTH IN THIS SECTION DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW.
Limitation of Liability.
IN NO EVENT WILL WE BE LIABLE FOR ANY DAMAGES, DIRECT OR INDIRECT, INCLUDING, WITHOUT LIMITATION, CONSEQUENTIAL, INCIDENTAL, PUNITIVE, OR SPECIAL DAMAGES (AND DAMAGES FROM LOST PROFITS, INTERRUPTION OF BUSINESS, LOST DATA), WHETHER FORSEEABLE OR NOT, WHICH MAY ARISE OUT OF YOUR ACCESS TO, INABILITY TO ACCESS, OR YOUR USE OF THE SITE OR ANY CONTENT, SERVICES OR PRODUCTS PROVIDED HEREIN OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA.
THE LIMITATIONS OF LIABILITY SET FORTH IN THIS SECTION DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW.
Unless prohibited by applicable law, you agree to indemnify and hold harmless each of Health Sqyre, its parents, subsidiaries, affiliates AND EACH OF theiR RESPECTIVE officers, directors, employees AND AGENTS, from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from or related to your use of this Site OR ANY CONTENT, PRODUCTS, OR SERVICES PROVIDED HEREIN, the violation of thIS AGREEMENT by you, or the infringement by you, or any other user using your account, of any intellectual property or other right of any person or entity. IF YOU ARE OBLIGATED TO INDEMNIFY US HEREUNDER, WE MAY, IN OUR SOLE DISCRETION, CONTROL THE DEFENSE AND DISPOSITION OF ANY SUCH CLAIMS AT YOUR SOLE COST AND EXPENSE. WITHOUT LIMITING THE FOREGOING, YOU MAY NOT SETTLE, COMPROMISE OR IN ANY OTHER MANNER DISPOSE OF ANY THIRD-PARTY CLAIM WITHOUT OUR CONSENT.
Access to and use of the Site, products and services is made available only to people over the age of 18 and who can form legally binding agreements under applicable law. The Site is intended for a general audience and is not intended to be used by children under the age of 18. If you are under 18, do not use this Site or otherwise provide information to us.
In the event that any provision of these Terms & Conditions conflicts with applicable law, rule, regulation or order or if any provision is held invalid by a court with competent jurisdiction, then such provision will be deemed to be restated to reflect as nearly as possible the original intentions of the parties, and the remainder of these Terms & Conditions will remain in full force and effect. Any failure by Health Sqyre to insist upon or enforce strict performance of any provision of the Terms & Conditions or to exercise any right under the Terms & Conditions will not be construed as a waiver or relinquishment of our right to assert or rely upon any such provision or right in that or any other instance, rather, the same will be and remain in full force and effect.
You represent to us that you have the authority to access and use the Site according to these Terms & Conditions. The Terms & Conditions and any Additional Terms (as such terms will be identified when posted on the Site) constitute the entire understanding between the parties as to the subject matter here of, and supersede all prior agreements and understandings. You consent to receive communications from us electronically. We may communicate with you by email or by posting notice on this site. You agree that any notices, disclosures, amendments or other communications provided to you electronically satisfy any requirement, legal or otherwise, that such communication be in writing.
12. CONTACT US
If you have any comments or questions, please contact us at firstname.lastname@example.org.
Copyright © 2017 Health Sqyre. All rights reserved. Any rights not expressly granted herein are reserved.