Terms of service
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE BEFORE USING THIS WEBSITE.
1. Overview
By using this website, you signify you agree to these Terms and Conditions and enter into a binding legal agreement between you and HealthyClass. If you do not accept these terms, please do not use the services of HealthyClass.
HealthyClass, Inc. DBA HealthyClass ("HealthyClass") may update and make modifications to these Terms and Conditions at any time. Your continued usage of the HealthyClass.com website ("HealthyClass" "HealthyClass Website," or the "Site,") will mean you accept those modifications.
2. This Website Provides NO Medical Advice
The contents of the HealthyClass Site, including images, text, graphics, and information obtained from HealthyClass' licensors, and other material contained on the HealthyClass Site ("Content") are for informational purposes only. The Content is not a substitute for professional medical advice, diagnosis, and/or treatment. The advice of your physician or other qualified health provider should always be sought to ask questions you may have regarding a medical condition. Never disregard professional medical opinions or delay in seeking care because of content you have read on the HealthyClass Site.
Call your doctor or 911 immediately if you think you may have a medical emergency. Any tests, doctors, products, surgical procedures, opinions, or other information that may be mentioned on the Site is not recommended or endorsed in any way by HealthyClass. Relying on any information provided by HealthyClass, including HealthyClass employees, others invited to appear on the Site by HealthyClass, or other visitors to the Site is solely at your own risk.
If you find medically related sexually explicit materials offensive, do not use the HealthyClass.com Site.
3. Changes To Terms
HealthyClass may, at any time, for any reason and without notice, make changes to (i) this Website, including its look, feel, format, and content, as well as (ii) the products and/or services as described in this Website. Any modifications will take effect when posted to the Website. Therefore, each time you access the Website, you need to review the Terms of Use upon which access and use of this Website is conditioned. By your continuing use of the Website after changes are posted, you will be deemed to have accepted such changes.
4. Jurisdiction
The Website is directed to those individuals and entities located in the United States. It is not directed to any person or entity in any jurisdiction where (by reason of nationality, residence, citizenship or otherwise) the publication or availability of the Website and its content, including its products and services, are unavailable or otherwise contrary to local laws or regulations. If this applies to you, you are not authorized to access or use any of the information on this Website, HealthyClass makes no representation that the information, opinions, advice or other content on the Website (collectively, "Content") is appropriate or that its products and services are available outside of the United States. Those who choose to access this Website from other locations do so at their own risk and are responsible for compliance with applicable local laws.
5. Scope of Use
You are only authorized to view, use, copy for your records and download small portions of the Content (including without limitation text, graphics, software, audio and video files and photos) of this Website for your informational, non-commercial use, provided that you leave all the copyright notices, including copyright management information, or other proprietary notices intact.
You may not store, modify, "scrape", mirror, reproduce, transmit, reverse engineer or distribute a significant portion of the Content on this Website, or the design or layout of the Website or individual sections of it, in any form or media. The systematic retrieval of data from the Website is also prohibited i.e. use any bots, scrapers, brute-force tools, or other automated methods for accessing, slowing down, or disabling the HealthyClass service or otherwise interfering with the proper function of the website.
The commercial use, reproduction, transmission or distribution of any information, software or other material available through the Website without the prior written consent of HealthyClass is strictly prohibited.
6. Copyrights and Trademarks
The materials at this Site, including, but not limited to, the HealthyClass owl mascot concept and all graphics, designs, text, documents, software, and other files and the selection and arrangement thereof are the proprietary property of HealthyClass and its suppliers and licensors as well as the organization and layout of this site, are copyrighted and are protected by United States and international copyright laws and treaty provisions. You may access, download and print materials on this Website solely for your personal and non-commercial use; however, any print out of this Site, or portions of the Site, must include HealthyClass’ copyright notice. No right, title or interest in any of the materials contained on this Site is transferred to you as a result of accessing, downloading or printing such materials. You may not copy, modify, distribute, transmit, display, reproduce, publish, license any part of this Site; create derivative works from, frame in another website, use on any other website, transfer or sell any information obtained from this Site without the prior written permission of HealthyClass.
HealthyClass and the HealthyClass logo are trademarks of HealthyClass, and may not be imitated, used or copied, in part or in whole, without the prior written consent and permission of HealthyClass. All other company and product names, logos or trademarks referenced on the HealthyClass Site are property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise, does not constitute an implied endorsement, recommendation, sponsorship thereof by HealthyClass, or vice versa.
Except as expressly provided under the "Scope of Use" Section above, you may not use, reproduce, modify, transmit, distribute, or publicly display or operate this Website without the prior written permission of HealthyClass. You may not use a part of this Website on any other Website, without HealthyClass’ prior written consent.
HealthyClass respects the intellectual property rights of others and expects our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please contact us via the process listed in section 12 of this document.
7. Links to Third Party Content
For your convenience, we may provide links to various other third-party Websites (external or framed or contained within the HealthyClass website) and advertisements that may be of interest to you and for your convenience only. However, HealthyClass does not control or endorse such Websites and advertisements and is not responsible for their content nor is it responsible for the accuracy or reliability of any information, data, opinions, advice, or statements contained within such Websites. Please read the terms and conditions or terms of use policies of any other company or website you may link to from our website. These Terms of Use policy applies only to HealthyClass’ website and the products and services HealthyClass offers. If you decide to access any of the third party sites linked to this Website, you do so at your own risk. HealthyClass does not endorse any service, treatment or product advertised on the HealthyClass Site.
HealthyClass reserves the right to terminate any link or linking program at any time. HealthyClass disclaims all warranties, express and implied, as to the accuracy, validity, and legality or otherwise of any materials or information contained on such sites.
8. No Unlawful Or Prohibited Use
As a condition of your use of the Website, you warrant to HealthyClass that you will not use the Website for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Website in any manner that could damage, disable, overburden, or impair the Site or interfere with any other party's use and enjoyment of the Website. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.
9. Privacy Policy
HealthyClass may, at our discretion, collect personal and non-personal information about you that could be used by third parties for advertising purposes such as cookies, content searches, user submitted profiles, mobile device applications, web beacons, and other technologies used to display relevant advertising to users. This Site is not intended or designed for children under the age of 13. We do not collect personal information from any person we actually know is a child under the age of 13. For information or inquiries regarding our privacy policy, contact info@healthyclass.com.
10. No Warranties
THE WEBSITE, AND ANY CONTENT, ARE PROVIDED TO YOU ON AN "AS IS," "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND WHETHER EXPRESS, STATUTORY OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, SYSTEMS INTEGRATION, ACCURACY, AND NON-INFRINGEMENT, ALL OF WHICH HEALTHYCLASS EXPRESSLY DISCLAIMS. HEALTHYCLASS DOES NOT ENDORSE AND MAKES NO WARRANTY AS TO THE ACCURACY, COMPLETENESS, CURRENCY, OR RELIABILITY OF THE CONTENT, AND HEALTHYCLASS WILL NOT BE LIABLE OR OTHERWISE RESPONSIBLE FOR ANY FAILURE OR DELAY IN UPDATING THE WEBSITE OR ANY CONTENT. WE HAVE NO DUTY TO UPDATE THE CONTENT OF THE WEBSITE. HEALTHYCLASS MAKES NO REPRESENTATIONS OR WARRANTIES THAT USE OF THE CONTENT WILL BE UNINTERRUPTED OR ERROR-FREE. YOU ARE RESPONSIBLE FOR ANY RESULTS OR OTHER CONSEQUENCES OF ACCESSING THE WEBSITE AND USING THE CONTENT, AND FOR TAKING ALL NECESSARY PRECAUTIONS TO ENSURE THAT ANY CONTENT YOU MAY ACCESS, DOWNLOAD OR OTHERWISE OBTAIN IS FREE OF VIRUSES OR ANY OTHER HARMFUL COMPONENTS. THIS WARRANTY DISCLAIMER MAY BE DIFFERENT IN CONNECTION WITH SPECIFIC PRODUCTS AND SERVICES OFFERED BY HEALTHYCLASS. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.
11. Governing Law, Location and Miscellaneous
These Terms of Use shall be governed in all respects by the laws of the State of California, USA, without reference to its choice of law rules. If an applicable law is in conflict with any part of the Terms of Use, the Terms of Use will be deemed modified to conform to the law. The other provisions will not be affected by any such modification. The state and federal courts in and for Orange or Los Angeles Counties, in California shall be the exclusive forum and venue to resolve any and all disputes arising out or related to this Agreement.
12. Separate Agreements
You may have other agreements with HealthyClass. Those agreements are separate and in addition to these Terms of Use. These Terms of Use do not modify, revise or amend the terms of any other agreements you may have with HealthyClass.
13. DMCA Copyright Policy and Copyright Agent
HealthyClass respects the intellectual property rights of others. If you believe something on this Site has infringed your intellectual property rights, please notify our agent and provide the following information:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- Identification of the copyrighted work claimed to have been infringed.
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled.
- Address, telephone number, and, if available, an electronic mail address where we may contact you.
- A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Send the information above ATTN: HealthyClass Copyright Agent at info@healthyclass.com
14. Arbitration
Except as regarding any action seeking equitable relief, including without limitation for the purpose of protecting any HealthyClass confidential information and/or intellectual property rights, any controversy or claim arising out of or relating to these Terms of Use or this Website shall be settled by binding arbitration in accordance with the commercial arbitration rules, in effect at the time the proceedings begin, of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be held in Orange County, California, USA.
All information relating to or disclosed by any party in connection with the arbitration of any disputes hereunder shall be treated by the parties, their representatives, and the arbitrator as proprietary business information. Such information shall not be disclosed by any party or their respective representatives without the prior written authorization of the party furnishing such information. Such information shall not be disclosed by the arbitrator without the prior written authorization of all parties. Each party shall bear the burden of its own counsel fees incurred in connection with any arbitration proceedings.
Judgment upon the award returned by the arbitrator may be entered in any court having jurisdiction over the parties or their assets or application of enforcement, as the case may be. Any award by the arbitrator shall be the sole and exclusive remedy of the parties. The parties hereby waive all rights to judicial review of the arbitrator's decision and any award contained therein.
15. Limitation of Liability
YOUR USE OF THE CONTENT IS AT YOUR OWN RISK. HEALTHYCLASS SPECIFICALLY DISCLAIMS ANY LIABILITY, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, CONSEQUENTIAL, OR SPECIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH ACCESS TO, USE OF OR RELIANCE ON THE CONTENT (EVEN IF HEALTHYCLASS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) OR THAT ARISE IN CONNECTION WITH MISTAKES OR OMISSIONS IN, OR DELAYS IN TRANSMISSION OF, INFORMATION TO OR FROM THE USER, ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION OR DELIVERY, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORDS, PROGRAMS OR FILES, INTERRUPTIONS IN TELECOMMUNICATIONS CONNECTIONS TO THE WEBSITE OR VIRUSES, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, THEFT OR DESTRUCTION OF, OR UNAUTHORIZED ACCESS TO THE WEBSITE OR THE CONTENT. THIS LIMITATION OF LIABILITY MAY BE DIFFERENT IN CONNECTION WITH SPECIFIC PRODUCTS AND SERVICES OFFERED BY HEALTHYCLASS. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY, SO THIS LIMITATION MAY NOT APPLY TO YOU.
16. Indemnity
You agree to defend, indemnify, and hold HealthyClass, its officers, directors, employees, agents, licensors, and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of these Terms of Use.
Contact us: If you would like to request additional information regarding these Terms of Use, please contact us at info@healthyclass.comThis e-mail address is being protected from spambots. You need JavaScript enabled to view it
