Healthy Anywhere Terms of Use
The following Terms of Use are entered into by and between You and Healthy Anywhere LLC (“Healthy Anywhere“, “Company”, “we”, or “us”).
The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, these “Terms of Use” or “Terms”), govern your access to and use of www.healthyanywhere.com, including any content, functionality, products, and services listed on or offered through www.healthyanywhere.com (the “Website”), including our applications (each an “App” and collectively the “Apps”) whether as a guest or a registered user. The Website and such content, products, services, and the Apps, each as may be updated from time to time at the sole discretion of Healthy Anywhere, are collectively referred to herein as the “Product” or “Products”.
Please read the Terms of Use, Disclaimer, and Privacy Policy carefully before you start to use the Products.
Your use of certain Products may be subject to additional terms (“Supplemental Terms”) and such Supplemental Terms will either be listed in these Terms or will be presented to you on or in connection with such Products. If these Terms are inconsistent with the Supplemental Terms, the Supplemental Terms shall control solely to the extent of the conflict. The applicable Supplemental Terms are hereby incorporated into these Terms by reference (all applicable Supplemental Terms and these Terms, collectively, the “Terms”). Please read these the carefully before accessing, using, or ordering any Products from the Website, the App, or third party App stores (e.g. the Apple App Store, the Android Play Store.)
The term “Device” refers to any device which is used to access the Products including but not limited to computers, smart phones and tablets. The term “you” refers to the user of the Products.
By visiting the Website, ordering, downloading, or accessing any Products, or by clicking to accept or agree to the Terms of Use when this option is made available to you, you accept and agree to be bound and abide by these Terms of Use, the Disclaimer and our Privacy Policy, incorporated herein by reference. If you do not want to agree to these Terms of Use, the Disclaimer, or the Privacy Policy including the agreements incorporated by reference herein, you must not access or use the Products.
HEALTHY ANYWHERE MAKES NO WARRANTIES, EXPRESSED OR IMPLIED, CONCERNING THE ACCURACY, COMPLETENESS, OR SUITABILITY OF THE INFORMATION AND DATA PROVIDED THROUGH THE PRODUCTS, AND SUCH INFORMATION AND DATA SHOULD NOT BE CONSTRUED OR USED AS A LEGAL DESCRIPTION. THE PRODUCTS ARE MADE AVAILABLE TO YOU ON AN “AS IS”, “WITH ALL FAULTS” AND “AS AVAILABLE” BASIS, AND YOUR USE OF THE PRODUCTS ARE AT YOUR OWN DISCRETION AND RISK. ACCORDINGLY, WE ARE NOT LIABLE TO YOU FOR ANY LOSS OR DAMAGE THAT MIGHT ARISE, FOR EXAMPLE, FROM YOUR RELIANCE ON THE QUALITY, ACCURACY, OR RELIABILITY OF DATA AND INFORMATION PROVIDED THROUGH THE PRODUCTS.
HEALTHY ANYWHERE MAKES NO CLAIMS OR PROMISES WITH RESPECT TO ANY THIRD PARTY, SUCH AS THE BUSINESSES LISTED IN THE PRODUCTS. HEALTHY ANYWHERE IS NOT LIABLE TO YOU FOR ANY LOSS OR DAMAGE THAT MIGHT ARISE DUE TO THEIR ACTIONS, INCLUDING BUT NOT LIMITED TO, IF YOU HAVE A NEGATIVE EXPERIENCE WITH ONE OF THE BUSINESSES LISTED ON THE PRODUCTS.
ACTIVITIES ASSOCIATED WITH THE PRODUCTS CAN AT TIMES INVOLVE RISK OF INJURY, ILLNESS, DEATH, OR OTHER DANGERS ASSOCIATED WITH SUCH ACTIVITIES. YOU UNDERSTAND THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, HEALTHY ANYWHERE CANNOT AND DOES NOT ASSUME RESPONSIBILITY FOR ANY SUCH PERSONAL INJURY, ILLNESS, OR DEATH RESULTING FROM YOUR USE OF THE PRODUCTS.
HEALTHY ANYWHERE IS NOT RESPONSIBLE FOR THE MISUSE OR MISREPRESENTATION OF THE INFORMATION AND/OR DATA PROVIDED THROUGH THE PRODUCTS, AND ANY RELIANCE YOU PLACE ON SUCH INFORMATION AND/OR DATA IS THEREFORE STRICTLY AT YOUR OWN RISK.
IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE PRODUCTS OR WITH THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE PRODUCTS AND/OR WEBSITE.
Our contact email address is support@healthyanywhere.com. All correspondence to Healthy Anywhere including any queries you may have regarding your use of the Products or these Terms should be sent to this contact email address.
The Products are offered and available to users who are 13 years of age or older (or the equivalent minimum age in your relevant jurisdiction, including 16 years of age in the EEA or the UK). By using the Products, you represent and warrant that i) you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements and ii) your use of the Products does not violate any applicable law or regulation. If you do not meet all of these requirements, you must not access or use the Products.
Changes To the Terms Of Use
We may revise and update these Terms of Use from time to time at our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the Products thereafter. Your continued use of the Products following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.
Privacy
Your use of the Products is also subject to the Company’s Privacy Policy. Please review our Privacy Policy, which also governs the Products and informs users of our data collection practices. Your agreement to the Privacy Policy is hereby incorporated into these Terms of Use.
Disclaimer
Your use of the Products is also subject to the Company’s Disclaimer. Please review our Disclaimer, which also governs the Website and Products and informs users of various limitations regarding the information provided on the Website and Products. Your agreement to the Disclaimer is hereby incorporated into these Terms of Use.
Accessing the Website And Account Security
We reserve the right to withdraw or amend this Website, any of the Products, and any service or material we provide on the Website in our sole discretion without notice. We will not be liable if for any reason all or any part of the Products are unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users. From time to time your access to the Products may be occasionally restricted to allow for repairs or maintenance. We will restore the Products as soon as we reasonably can.
To access the Website or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website and any resources downloaded from the Website that all the information you provide on the Website is correct, current, and complete. You agree that all information you provide to register with this Website or otherwise, including but not limited to through the use of any interactive features on the Website, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.
If you choose, or are provided with, a user name, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your user name, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
We have the right to disable any user name, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.
No Unlawful Or Prohibited Use And Intellectual Property
Healthy Anywhere grants you a limited, non-exclusive, non-transferable, revocable license to access and make personal non-commercial use of the Products, strictly in accordance with these Terms and subject to your ongoing compliance with these Terms and payment of all applicable fees.
As a condition of your use of the Products, you warrant to the Company that you will not use the Products or any of the resources available as part of purchased services or for download from the Products for any purpose that is unlawful or prohibited by these Terms. You may not use the Products in any manner that could damage, disable, overburden, or impair the Products or interfere with any other party’s use and enjoyment of the Products. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Products.
All content included as part of the Products, such as content, text, graphics, logos, images, videos, as well as the compilation thereof, including printed and electronic copies or transmissions, and any software used on the Website, is the property of the Company or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends, or other restrictions contained in any such content and will not make any changes thereto.
You agree that you will not copy, store, modify, alter, reproduce, publish, transmit, reverse-engineer, decompile, or disassemble the Products in any way. You agree you will not participate in the transfer or sale, create derivative works, or in any way exploit any of the content, code, data, or materials, in whole or in part, found in or on the Products.
You further agree that you will not assist or permit any third party to copy, store, modify, alter, reproduce, publish, transmit, reverse-engineer, decompile, or disassemble the Products in any way. You agree that you will not assist or permit any third party to participate in the transfer or sale, create derivative works, or in any way exploit any of the content, code, data, or materials, in whole or in part, found in or on the Products.
The Company content is not for resale. Your use of the Website or any of the Products does not entitle you to make any unauthorized use of any protected content, and in particular, you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your individual use and will make no other use of the content without the express written permission of the Company and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of the Company or our licensors except as expressly authorized by these Terms.
The Company name, the Company logo, the Company slogan, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans on the Products are the trademarks of their respective owners.
For Educational And Informational Purposes Only
As set forth more fully in the Disclaimer, the information contained on this Website and the Products are for educational and informational purposes only. The information contained on this Website and the Products are not intended as, and shall not be understood or construed as medical, health, or any other professional advice.
Contact. Healthy Anywhere LLC is located at 5716 Corsa Ave, Suite 110 Westlake Village, CA, 91362.
SUPPLEMENTAL TERMS
APP TERMS
Application License. Subject to your compliance with these Terms, Healthy Anywhere grants you a limited non-exclusive, non-transferable, non-sublicensable, revocable license to download, install and use a copy of each App on any mobile device or computer, as applicable, that you own or control and to run such copy of each App solely for your own personal, non-commercial purposes.
Furthermore, with respect to any App accessed through or downloaded from the Apple Store (an “App Store Sourced Application”), you will only use the App Store Sourced Application (a) on an Apple-branded product that runs the iOS (Apple’s proprietary operating system) and (b) as permitted by the “Usage Rules” set forth in the Apple Media Services Terms and Conditions. You understand that the Products are evolving. As a result, we may require you to accept updates to any of the Products that you have installed on your computer or mobile device. You acknowledge and agree that we may update the Products with or without notifying you. You may need to update third-party software from time to time in order to use the Products.
Accessing and Downloading the Application from the Apple Store. The following applies to any App Store Sourced Application accessed through or downloaded from the Apple Store:
Maintenance and Support: You acknowledge and agree that (i) these Terms are concluded between you and Healthy Anywhere, and not Apple, and (ii) Healthy Anywhere, not Apple, is solely responsible for the App Store Sourced Application and content thereof. Your use of the App Store Sourced Application must comply with the Apple Media Services Terms and Conditions.
You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App Store Sourced Application.
Warranty: In the event of any failure of the App Store Sourced Application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the App Store Sourced Application to you and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App Store Sourced Application. As between Healthy Anywhere and Apple, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of Healthy Anywhere.
Product Claims: You and Healthy Anywhere acknowledge that, as between Healthy Anywhere and Apple, Apple is not responsible for addressing any claims you have or any claims of any third party relating to the App Store Sourced Application or your possession and use of the App Store Sourced Application, including, but not limited to: (i) product liability claims; (ii) any claim that the App Store Sourced Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
Intellectual Property Rights: You and Healthy Anywhere acknowledge that, in the event of any third-party claim that the App Store Sourced Application or your possession and use of that App Store Sourced Application infringes that third party’s intellectual property rights, as between Healthy Anywhere and Apple, Healthy Anywhere, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms.
Legal Compliance: You represent and warrant that (i) You are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) You are not listed on any U.S. Government list of prohibited or restricted parties.
Third-Party Terms of Agreement: Without limiting any other terms of the Terms, you must comply with all applicable third-party terms of agreement when using the App Store Sourced Application.
Third-Party Beneficiary: You and Healthy Anywhere acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of these Terms as related to your license of the App Store Sourced Application, and that, upon your acceptance of the terms and conditions of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms as related to your license of the App Store Sourced Application against you as a third-party beneficiary thereof.