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Terms of Use

MyHealthCafe Terms of Use

MyHealthCafe is a resource and community for all users to learn more about how to pay for their healthcare and save money on their healthcare and health insurance expenses. These Terms of Use may be updated from time to time without notice to you. Here are a some issues we would like you to be aware of before using the myheaLthpeak.com website, the services offered by MyHealthCafe or through the myheaLthpeak.com website, and any parts or sections thereof including but not limited to www.myhealthcafe.com web content, message boards, calculators and other tools, posts, messages, photos, and graphics (hereinafter referred to as “MyHealthCafe.com.”
You understand and agree that myheaLthpeak.com is provided “AS-IS” and that MyHealthCafe assumes no responsibility for your ability to (or any costs or fees associated with your ability to) obtain access to myheaLthpeak.com. Nor does MyHealthCafe assume any liability for the failure to store or maintain any user communications or personal settings.
In consideration of your visiting and using myheaLthpeak.com, you represent that you are able to form a binding contract. You also agree to that any information you provide about yourself is accurate and complete information at the time provided. You agree to timely update any information provided to myheaLthpeak.com to keep it accurate and complete.

We are committed to protecting the privacy of children. You should be aware that this Site is not intended or designed to attract children under the age of 13. We do not collect personally identifiable information from any person we actually know is a child under the age of 13.

In addition to this Terms of Use, when using a particular area or feature of myheaLthpeak.com, you are also bound by the posted guidelines and rules for that particular area or feature.

Privacy Policy
Information and data provided by you are subject to our Privacy Policy. This policy, as updated from time to time, may be found at Privacy Policy.

myheaLthpeak.com Content
Certain names, logos, and/or phrases on myheaLthpeak.com may constitute trademarks and/or copyrights of Health Cafes Online, Inc. or its partners. The mark “MyHealthCafe” and the contents of myheaLthpeak.com are the sole property of Health Cafes Online, Inc. Reproduction in whole or in part is strictly prohibited without the expressly written permission of Health Cafes Online, Inc.

All of the writing on myheaLthpeak.com is the copyrighted property of Health Cafes Online, Inc., and is protected as such. None of the material may be reproduced without our written permission, with the exception of downloading or printing a single copy for yourself. The right to download and store or output the materials found on myheaLthpeak.com is granted for viewing use only. Materials may not be reproduced in any form. Any reproduction or editing by any means mechanical or electronic without the explicit written permission of Health Cafes Online, Inc. is expressly prohibited.

Submitting to the Forums and Message Boards
MyHealthCafe reserves the right to republish any material contributed by our readers. By posting a message, a user expressly grants the right to MyHealthCafe to republish or sell the message as part of any edited compilation. Material that is copyright protected may not be submitted without permission from the copyright owner. Since there are many thousands of possible sources spread out across the Internet, it is impossible for us at MyHealthCafe to know if a posting represents a copyright infringement. Please remember you are responsible for the material you submit to MyHealthCafe, including taste, reliability, originality and copyright. Author(s) may be held legally responsible for copyright infringement, defamation or invasion of privacy, as well as any damages arising out of actions resulting from materials submitted by you and posted by MyHealthCafe. You are responsible for ensuring that your message or posting does not violate any extant copyrights. If you believe that your copyrighted material has been posted to MyHealthCafe without permission, please contact us at myhealthcafe@gmail.com.

MyHealthCafe will have a nonexclusive global license to publish the content submitted by users and contributors to MyHealthCafe or any other Health Cafes Online, Inc. sites. These nonexclusive publishing licenses and resale/adaptation rights extend to any materials submitted “for publication” within MyHealthCafe, including both message board postings and content submitted to MyHealthCafe for uploading and subsequent publishing within non-message board areas of MyHealthCafe. MyHealthCafe and the MyHealthCafe’s team are not and will not be responsible for any misleading, false, or otherwise injurious information and advice communicated on MyHealthCafe or for any results obtained from the use of such information or advice. MyHealthCafe will not be liable for any loss or damage suffered by a user through the user’s reliance on information and advice gained in this Area.

We know this sounds serious, right? We don’t mean to scare you! It’s just physically impossible for us to control forums such as the message boards, and we trust that our users’ good sense and intelligence to make informed decisions on their own!

Using the Forums and Message Boards
Given the interactive nature of the forums, both the MyHealthCafe team and our users will generate content in the forums. We can control our team members’ contributions; however, we are not able to edit and ensure the accuracy of the content generated by our users, many of whom use anonymous screen names and with whom we have no official relationship.
Therefore, users of MyHealthCafe should handle the information generated by fellow users with common sense caution. There’s a lot of great advice on MyHealthCafe, but users should consider any information and advice given by other users as a starting point for their own research. MyHealthCafe cannot guarantee the accuracy, efficacy, or veracity of any information provided within the MyHealthCafe forums.

MyHealthCafe cannot guarantee that all content and materials that appear on the MyHealthCafe forums and message board is not infringing on any registered or non-registered copyrights. It is humanly impossible to verify that each and every new posting on the message board is free of copyright infringement. (We wish we could! We wish we had a huge staff who could do everything we want and need, but alas, ’tis impossible!)

Online Behavior and Etiquette
Online behavior requires common sense and basic etiquette. Accordingly, here are some rules that you agree to follow:
• No strong, vulgar, obscene, or otherwise harmful language.
• No racially, ethnically or otherwise, objectionable language.
• No harassing, intimidating, stalking, or threatening other community members.
• No libelous, defamatory, or otherwise tortuous language.
• No online vandalism. This includes using abusive language or other behavior that negatively impacts the ability to engage in exchanges.
• No impersonating any person, including, but not limited to, other community members of MyHealthCafe.
• No posting, distributing, transmitting, or promoting illegal content.
• No invasion of another’s privacy.
• No actions that are harmful to minors.
• No manipulation or forging of identifiers in order to disguise the origin of any information posted on myheaLthpeak.com or otherwise provided to MyHealthCafe or its employees.
• No posting, providing, transmitting, or otherwise making available any information (such as inside, proprietary or confidential information) that you do not have a right to make available due to contract, fiduciary duty, or operation of law.
• No posting, providing, transmitting, or otherwise making available any junk mail or spam.
• No posting, uploading, emailing, or otherwise transmitting any material that contains any malicious computer code (including spyware, worms, Trojan horses, viruses, etc.).
• No collecting, storing, or posting of personal data about or of other community members.
• No soliciting of any kind on the message boards or in the chat room.

Member Information
Content from www.myhealthcafe.com, including but not limited to any member profile information such as member names, email addresses, or member contact information, may not be taken from the website and used for any purpose. Names, email addresses and other contact information from member profile information or the pages and postings on this site may not be used by outside vendors or other third parties for purposes of solicitation. Unsolicited emails to our members or MyHealthCafe partners may constitute misrepresentation, misappropriation of MyHealthCafe’s business name and reputation, unfair competition, and may also violate laws that prohibit unsolicited email, for which MyHealthCafe shall be entitled to take appropriate legal action including seeking injunctive relief, an accounting of profits, damages, legal fees and costs. Notwithstanding the foregoing, MyHealthCafe members may link to this website.

Passwords
MyHealthCafe has several tools that allow you to record and store information. You are responsible for taking all reasonable steps to ensure that no unauthorized person shall have access to your MyHealthCafe passwords or accounts. It is your sole responsibility to (1) control the dissemination and use of activation codes and passwords; (2) authorize, monitor, and control access to and use of your MyHealthCafe account and password; (3) promptly inform MyHealthCafe of any need to deactivate a password. You grant MyHealthCafe and all other persons or entities involved in the operation of the Site the right to transmit, monitor, retrieve, store, and use your information in connection with the operation of the Site. MyHealthCafe cannot and does not assume any responsibility or liability for any information you submit, or your or third parties’ use or misuse of information transmitted or received using MyHealthCafe tools and services.

Changes To myheaLthpeak.com
People change, and MyHealthCafe does too. MyHealthCafe reserves the right from time to time to make modifications and changes to myheaLthpeak.com. These modifications and changes may include, but are not limited to, discontinuing, temporarily or permanently, any service offered by, or through MyHealthCafe (or any part thereof) with or without notice. You agree that MyHealthCafe shall not be liable to you or to any other party for any changes and modifications to myheaLthpeak.com.

Violations of These Terms
You agree that, under certain circumstances and without prior notice, MyHealthCafe may terminate your access to myheaLthpeak.com, including removing your member account and any material and information associated with your member account. Cause for such termination shall include, but not be limited to, violation of this Terms of Use agreement. You acknowledge and agree that all terminations for cause shall be made in sole discretion of MyHealthCafe and that MyHealthCafe shall not be liable to you or any other party for the termination of your access to myheaLthpeak.com or the purging of any material.

The Legal Stuff
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

YOUR USE OF OUR AREA IS AT YOUR SOLE RISK. THE SERVICES PROVIDED IN OUR AREA ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. MYHEALTHCAFE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

MYHEALTHCAFE MAKES NO WARRANTY THAT: (i) THE SERVICE WILL MEET ANY OF YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE TIMELY, SECURE, UNINTERRUPTED, OR FREE FROM ERROR OR OMISSION, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF ANY SERVICE IN OUR AREA WILL BE USEFUL, ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES OFFERED IN OUR AREA WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE OPERATION OF MYHEALTHCAFE INCLUDING THE OPERATION OF ANY SOFTWARE WILL BE CORRECTED.

ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF ANY SERVICE IN OUR AREA IS DONE AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM (OR ANY COMPONENT CONNECTED TO YOUR COMPUTER SYSTEM) OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD (INTENTIONAL OR OTHERWISE) OF ANY SUCH MATERIAL.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM MYHEALTHCAFE OR FROM ANY SERVICE PROVIDED ON MYHEALTHCAFE.COM SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF USE.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT HEALTH CAFES ONLINE, INC. SHALL NOT BE LIABLE TO YOU FOR ANY DAMAGES, DIRECT, INDIRECT, INCIDENTAL, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL AND REPUTATION, OR OTHER INTANGIBLE LOSSES. THIS LIMITATION ON LIABILITY APPLIES EVEN IF MYHEALTHCAFE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Operation of Law. You agree that MyHealthCafe may access, maintain, and disclose information you provide to MyHealthCafe if required to do so by law or if MyHealthCafe, in good faith, believes that such access, maintenance or disclosure is reasonably necessary to: (i) comply with any legal process; (ii) enforce MyHealthCafe’s Terms of Use; (iii) respond to claims that any material or information posted, provided, transmitted, or otherwise made available by you violates the rights of third parties; (iv) respond to your customer service requests; or (v) otherwise protect the rights and property of MyHealthCafe, its vendors, community members, users and the general public.

Indemnity. You agree to indemnify and hold harmless MyHealthCafe, its subsidiaries, affiliates, directors, officers, agents, vendors or other partners, and employees, from any claim or demand, including attorneys’ fees, made by any third party due to or arising out of any material or information posted, provided, transmitted, or otherwise made available by you on myheaLthpeak.com, or by your use myheaLthpeak.com, or by your violation of MyHealthCafe’s Terms of Use, or your violation of the rights of another.

Miscellaneous
The Terms of Use constitute the entire agreement between you and MyHealthCafe and govern your use of our Area and any services offered by myheaLthpeak.com. This agreement supercedes any prior terms of use agreements between you and MyHealthCafe.

The Terms of Use and the relationship between you and MyHealthCafe shall be governed by the laws of the State of California without regard to its conflict of law provisions. You and MyHealthCafe agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Los Angeles, California.

You agree that, except as otherwise expressly provided in this Terms of Use, there shall be no third party beneficiaries to this agreement.

The failure of MyHealthCafe to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision. If any provision of the Terms of Use is found by a court of competent jurisdiction to be invalid, the other terms and provisions of the Terms of use shall remain in full force and effect.

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of any services provided by myheaLthpeak.com or the Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred.

Section Titles and Other Headings. The section titles and other headings in the Terms of Use are for convenience only and have no legal or contractual effect.