Welcome to the HealthDirectory.com! A World of Health Resources at Your Fingertips!
PLEASE READ THESE TERMS CAREFULLY. You may not use the Site or Services if you do not accept these Terms and must discontinue use and exit immediately.
We reserve the right, in our sole discretion to: (i) change these Terms at any time, and (ii) make changes to the Site or Services (including removing or editing content or a discontinuation of some or all of the Site's or Services' features or functionality). Modifications to these Terms shall be effective after posting on the Site. Please check the Site regularly for any such changes which you agree to by continuing to use this Site or Services.
You certify that you are legally permitted to access and use the Site and the Services. Our Site and Services are only available to individuals who are legally capable, authorized and legally permitted to access and use them. If you are using the Site or Services on behalf of an organization you represent that you are duly authorized to do so. We reserve the right to refuse access to, or use of our Site and/or Services to anyone, at any time, in our sole discretion. It is your responsibility to ensure that your use of the Site and Services complies with all applicable laws.
All users who are minors in the jurisdiction in which they reside (generally under the age of 18) must have the permission of, and be directly supervised by, their parent or guardian to use the Site. If you are a minor, you must have your parent or guardian read and agree to these Terms prior to you using the Site. Persons under the age of 13 are not permitted to register for the Site or use the Services.
Charges for Services will be in accordance with our fee schedule posted on the Site, and shall be effected via credit card, debit card, third party payment gateway, or other method as determined by us from time to time (the "Payment Method"). Fees may be charged on a one-time or recurring basis as will be agreed by you. Recurring charges will be subject to automatic renewal without the requirement of prior notification or authorization in each instance. Charges for renewal periods shall be calculated at the prevailing rates then offered by us. You agree to such automatic renewals and charges to your Payment Method, subject to you notifying us with reasonable advance notice of cancellation of any automatic renewal. We reserve the right to suspend the display of any Content in the event you fail to make timely payment hereunder. All payments shall be made in U.S. dollars. You shall be responsible for all taxes due on the fees payable under these Terms, including interest and penalties thereon (exclusive of taxes based on our net income), which taxes shall include, without limitation, any direct or indirect local, state, federal or foreign taxes, levies, duties or similar governmental assessments of any nature, including value-added, sales, use or withholding taxes.
All payments are final and non-refundable. If you cancel, your Content, advertisement, placement or other order will continue until the end of the paid period.
You agree that, with respect to other users' personal information that you obtain through the Site or through any Site-related communication or any Site-facilitated transaction, we have granted to you a license to use such information only for: (a) any Site-related communications that are not unsolicited commercial messages, (b) using Services offered through the Site, and (c) any other purpose that a user expressly agrees to after you tell them the purpose you would like to use it for.?In all cases, you must give users an opportunity to remove themselves from your address book or database and a chance to review what information you have collected about them. In addition, under no circumstances, except as defined in this provision, can you disclose personal information about another user to any third party without both our consent and the consent of the other user.
The Site contains (or you may be sent through the Site or the Services) links to other websites ("Third Party Websites") as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software and other content or items belonging to or originating from third parties (the "Third Party Content"). Such Third Party Websites and Third Party Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third Party Websites accessed through the Site or any Third Party Content posted on, available through or installed from the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third Party Websites or the Third Party Content. Inclusion of, linking to or permitting the use or installation of any Third Party Website or any Third Party Content does not imply approval or endorsement thereof by us. If you decide to leave the Site and access the Third Party Websites or to use or install any Third Party Content, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Site or relating to any applications you use or install from the Site. Any purchases you make through Third Party Websites will be through other websites and from other companies, and we take no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party.
You are not entitled to demand that we restore any removed Content.
If you are accessing the Services via a mobile application, then we grant you a revocable, non-exclusive, non-transferable, limited right to install and use the application on wireless handsets owned and controlled by you, and to access and use the application on such devices strictly in accordance with the terms and conditions of this license. You shall use the application strictly in accordance with the terms of this license and shall not: (a) decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the application; (b) make any modification, adaptation, improvement, enhancement, translation or derivative work from the application; (c) violate any applicable laws, rules or regulations in connection with your access or use of the application; (d) remove, alter or obscure any proprietary notice (including any notice of copyright or trademark) of Company or its affiliates, partners, suppliers or the licensors of the application; (e) use the application for any revenue generating endeavor, commercial enterprise, or other purpose for which it is not designed or intended; (f) make the application available over a network or other environment permitting access or use by multiple devices or users at the same time; (g) use the application for creating a product, service or software that is, directly or indirectly, competitive with or in any way a substitute for the application; (h) use the application to send automated queries to any website or to send any unsolicited commercial e-mail; or (i) use any proprietary information or interfaces of Health Directory or other intellectual property of ours in the design, development, manufacture, licensing or distribution of any applications, accessories or devices for use with the application.
The following terms apply when you use a mobile application obtained from either the Apple Store or Google Play to access the Services. You acknowledge that this Agreement is concluded between you and us only, and not with Apple Inc. or Google, Inc. (each an "App Distributor"), and we, not an App Distributor, are solely responsible for the application and the content thereof. (1) SCOPE OF LICENSE: The license granted to you for our application is limited to a non-transferable license to use our application on a device that utilizes the Apple iOS or Android operating system, as applicable, and in accordance with the usage rules set forth in the applicable App Distributor terms of service. (2) MAINTENANCE AND SUPPORT: we are solely responsible for providing any maintenance and support services with respect to our application, as specified in these Terms, or as required under applicable law. You acknowledge that each App Distributor has no obligation whatsoever to furnish any maintenance and support services with respect to our application. (3) WARRANTY: we are solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of our application to conform to any applicable warranty, you may notify an App Distributor, and the App Distributor, in accordance with its terms and policies, may refund the purchase price, if any, paid for our application, and to the maximum extent permitted by applicable law, an App Distributor will have no other warranty obligation whatsoever with respect to our application, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be our sole responsibility. (4) PRODUCT CLAIMS: You acknowledge that we, not an App Distributor, are responsible for addressing any claims of yours or any third party relating to our application or your possession and/or use of our application, including, but not limited to: (i) product liability claims; (ii) any claim that our application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. (5) INTELLECTUAL PROPERTY RIGHTS: You acknowledge that, in the event of any third party claim that our application or your possession and use of our application infringes a third party's intellectual property rights, the App Distributor will not be responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim. (6) 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. (7) THIRD PARTY TERMS OF AGREEMENT: You must comply with applicable third party terms of agreement when using our application, e.g., if you have a VoIP application, then you must not be in violation of their wireless data service agreement when using our application. (8) THIRD PARTY BENEFICIARY: We and you acknowledge and agree that the App Distributors, and their subsidiaries, are third party beneficiaries of this Agreement, and that, upon your acceptance of these Terms, each App Distributor will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third party beneficiary thereof.
We may accept, reject or remove reviews in its sole discretion. We have absolutely no obligation to screen reviews or to delete reviews, even if anyone considers reviews objectionable or inaccurate. Those persons posting reviews should comply with the following criteria: (1) reviewers should have firsthand experience with the person/entity being reviewed; (2) reviews should not contain: offensive language, profanity, or abusive, racist, or hate language; discriminatory references based on religion, race, gender, national origin, age, marital status, sexual orientation or disability; or references to illegal activity; (3) reviewers should not be affiliated with competitors if posting negative reviews; (4) reviewers should not make any conclusions as to the legality of conduct; and (5) reviewers may not post any false statements or organize a campaign encouraging others to post reviews, whether positive or negative. Reviews are not endorsed by us, and do not represent the our views or of any affiliate or partner of ours. We do not assume liability for any review or for any claims, liabilities or losses resulting from any review. By posting a review, the reviewer hereby grants to us a perpetual, non-exclusive, worldwide, royalty-free, fully-paid, assignable and sublicensable license for use to reproduce, modify, translate, transmit by any means, display, perform and/or distribute all content relating to reviews.
THE SITE AND SERVICES ARE PROVIDED ON AN AS IS AND AS AVAILABLE BASIS. USE IS SOLELY AT YOUR OWN RISK. WE SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, REGARDLESS OF THEORY OF LAW, RESULTING FROM OR ARISING OUT OF USE OF THE SITE OR SERVICES, OR THE USE OR INABILITY TO USE THE SITE OR SERVICES, EXCEPT WHERE LIABILITY IS MANDATORY, IN WHICH EVENT LIABILITY FOR DAMAGES SHALL BE LIMITED TO TWENTY-FIVE US DOLLARS ($25). IN NO EVENT SHALL WE BE LIABLE FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF DATA OR PROFIT, OR DUE TO BUSINESS INTERRUPTION,) ARISING OUT OF THE USE OR INABILITY TO USE CONTENT, THE SITE OR THE SERVICES WHICH ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."
You agree to defend, indemnify and hold us, our subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from and against, any loss, damage, liability, claim, or demand, including reasonable attorneys' fees and expenses, made by any third party due to or arising out of your Content, use of the Services, and/or arising from a breach of these Terms and/or any breach of your representations and warranties set forth above. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
If there is a dispute between users of the Site, or between users and any third party, you understand and agree that we are under no obligation to become involved. In the event that you have a dispute with one or more other users, you hereby release us, our officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and/or the Services.
Your use of the Services includes the ability to enter into agreements and/or to make transactions electronically. YOU ACKNOWLEDGE THAT YOUR ELECTRONIC SUBMISSIONS CONSTITUTE YOUR AGREEMENT AND INTENT TO BE BOUND BY AND TO PAY FOR SUCH AGREEMENTS AND TRANSACTIONS. YOUR AGREEMENT AND INTENT TO BE BOUND BY ELECTRONIC SUBMISSIONS APPLIES TO ALL RECORDS RELATING TO ALL TRANSACTIONS YOU ENTER INTO RELATING TO THE SERVICE, INCLUDING NOTICES OF CANCELLATION, POLICIES, CONTRACTS, AND APPLICATIONS. In order to access and retain your electronic records, you may be required to have certain hardware and software, which are your sole responsibility.
These Terms constitute the entire agreement between you and us regarding the use of the Site and Services. Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. These Terms operate to the fullest extent permissible by law. These Terms and your account may not be assigned by you without our express written consent. We may assign any or all of its rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Terms is unlawful, void or unenforceable, that provision or part of the provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions. Upon our request, you will furnish us any documentation, substantiation or releases necessary to verify your compliance with these Terms. You agree that these Terms will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of this Agreement and the lack of signing by the parties hereto to execute this Agreement. Any provisions of these Terms that, in order to fulfill the purposes of such provisions, need to survive the termination or expiration of these Terms, shall be deemed to survive for as long as necessary to fulfill such purposes.
In order to resolve a complaint regarding the Services or to receive further information regarding use of the Services, please contact us as set forth below or, if any complaint with us is not satisfactorily resolved, and you are a California resident, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs in writing at 400 "R" Street, Sacramento, California 95814 or by telephone at 1-916-445-1254.
If you have any questions or comments, please contact us at firstname.lastname@example.org